Unauthorized excavation at Jordan Road 11 for the construction of a three-level underground garage, following the illegal demolition of a house that stood on the site from 1973 until June 2024. Picture taken on Wednesday, March 5.
PHILIPSBURG--Despite not having a Civil Works permit, NLGY Development and Taliesin NV continue to excavate Jordan Road in Cupecoy in preparation for the construction of an 18-level condo hotel, “The West Vue”, which includes three underground levels and fifteen above ground. The destruction of the road, bus stop, and surrounding greenery began on June 8, 2024, despite objections from the adjacent school and nearby homeowners.
The lack of a Civil Works permit was confirmed by Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Patrice Gumbs (Party for Progress (PFP)) on Wednesday during the Council of Ministers’ press briefing.
Not having a Civil Works permit, a prerequisite for a building permit, implies that the developers commenced in April 2024 the illegal demolition of a house on Jordan Road 11 and began excavating its foundation without authorisation – the demolition of the house took place during the term of Acting VROMI Minister Veronica Jansen-Webster and was completed days before Patrice Gumbs returned from the Netherlands to be sworn in as Minister of VROMI on June 25, 2024.
Gumbs revealed that in addition to the February 9, 2024, residential permit granted by former VROMI Minister Egbert Doran (National Alliance (NA)) for the 2,610-square-metres on Jordan Road, published in the National Gazette, the developers received permission from the former minister to include three other parcels, but these Certificates of Admeasurement were not included in the publication of the permit on March 1, 2024.
Gumbs said, “I can confirm the following: The entry in the National Gazette only referenced one parcel of land, meetbrief 013/1968, for residential development. The project in its entirety consists of an additional three parcels, with meetbrieven 123/1971, 161/1978 and 034/1973.
“The wrong classification of this development as residential, and the omission of the three other parcels, does not reflect the full scope of the project and the nature of the development. The lack of all correct information may have had an impact on the ability of concerned parties to object or query an approved permit, as is their right by law.
“Up to this morning [Wednesday – Ed.] new information has come to me and as such I am kindly asking to allow me to keep comments limited on this until I review the case in its entirety.”
Rock drilling operations near the Jordan Road 12 residences. Photo taken on Monday.
Trucks on the property for The West Vue at 8:00pm Tuesday, following the delivery of a shipment of rebar.
Complaint filed with Ombudsman
Gumbs did not respond to a February 17, 2025, letter from the residents of Jordan Road 12, the only remaining apartment building, which address is currently used by the developer of The West Vue. On February 14, 2025, the residents filed a complaint with the Ombudsman of St. Maarten and were advised, to initiate the complaint procedure, to send a letter with their concerns to VROMI Minister Gumbs, VROMI Secretary General Kenson Plaisimond and to Mario Jones, Acting Head of the VROMI Ministry Inspection Department.
Considering the situation of the by-now-desperate residents an urgent matter, the Ombudsman expected Minister Gumbs to respond within two weeks.
In response to a question from The Daily Herald on Wednesday, February 26, 2025, Gumbs said he had not received the letter, which had been sent via email and was also handed in person and stamped for receipt at the Government Building nine days prior.
NGLY Development, owned by Gary Yee-Fong and Nkomo Lake, however, did know through unidentified sources about the letter and its content on the day it was handed in at the Government Administration Building.
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Trucks on the property for The West Vue at 8:00pm Tuesday, following the delivery of a shipment of rebar.
Liability claim from developer
NLGY Development’s lawyer Richard Gibson Jr. – who is also Landsadvocaat, representing Country St. Maarten – wrote on February 17, at 4:53pm, in an email to the former lawyer of the residents: “Word has reached me today that your clients are now trying to undermine the development by requesting the Minister to take immediate action to halt the development. …
“Your clients are clearly not interested in entering into good faith discussions, but are actively trying to undermine the project. Please note that your clients will be held liable for any and all damages, including reputational damages, that your clients’ actions cause to the development.”
The email was forwarded to the residents, who were no longer clients of the recipient of the message. The legal representation ended after a mutual agreement between the residents and the developers had been reached in court on January 25, 2025, after the judge declared that the residents are entitled to access to their property by car, as was the case before Jordan Road was demolished by the developers. The agreement reached allowed for the residents’ cars, which were trapped behind their building due to ongoing excavations, to be removed and returned to the rightful owners.
The Proces-Verbaal (PV) from the court hearing listed seven conditions:
The plaintiffs may continue using their rights of way until October 2025 via the current temporary road [pedestrian alley-way]. NLGY will ensure that on Monday, January 27, 2025, the fence placed on the side of the plaintiffs’ lot, as well as the roof structure in front of it on the ground, will be removed so that the plaintiffs can turn their cars to exit the property.
As of October 2025, NLGY will relocate the temporary road to allow the plaintiffs to access their plot through the original right-of-way location (marked by the red line shown in the photographs under item 5 of NLGY's pleading).
If emptying the plaintiffs’ septic tank via the current road proves impossible, the parties will consult to find a suitable solution.
The plaintiffs shall refrain from parking their cars in front of the NLGY billboard at the entrance to NLGY’s plot.
The parties will enter negotiations to seek an overall resolution to their dispute, including the question of whether parking rights exist on-site. This negotiation is a best-efforts obligation.
Each party shall bear its own legal costs.
The case shall be struck from the docket.
Regarding point 5, where parties agreed to enter negotiations to discuss the matter of parking: NLGY has stated that while the road easement will be restored as per the deed, it cannot guarantee parking. The judge addressed this issue by asking whether NLGY would be willing to provide six parking spaces. Initially, NLGY did not agree, but after the judge insisted, the developers agreed to reconsider the matter but said they would only take four parking spaces into account.
However, the agreed negotiations stalled immediately, the residents explained to The Daily Herald. “Regarding the parking issue, the judge encouraged both parties to negotiate a resolution, warning that a legal petition on parking rights could be a lengthy and costly process. Representatives were designated from both sides – Stephen Sherwood for the co-owners and Carl Critchlow as construction manager for NLGY. However, when Mr. Sherwood contacted Mr. Yee-Fong requesting Mr. Critchlow’s contact information, he was informed that all negotiations must go through NLGY’s attorney, Mr. Gibson – contrary to the judge’s directives – and indicating a lack of intention to negotiate in good faith.”
Insufficient parking spots
On the condo hotel’s website
www.thewestvue.com
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www.thewestvue.com
the developers announce the allocation of 175 parking spots for the condo hotel comprising 121 units.
“We offer a range of spacious layouts and exclusive features,” the developer says, listing 56 one-bedroom apartments, 47 two-bedroom apartments, 6 three-bedroom apartments, 6 duplex (double apartments), 3 penthouses and 3 “grand penthouses”.
Based on the Parking Standards of the VROMI Ministry, each one-bedroom apartment requires one parking spot and a two-bedroom apartment demands an additional parking spot. This amounts to 150 parking spots, with 36 or more for the 18 larger apartments and penthouses, bringing the total requirement amount of parking spots to 186 for the residences – not 175.
Additional parking spaces are required for the commercial section of the development. The condo hotel includes a lobby bar (8 parking spaces), a whiskey and lounge bar (4-8 parking spaces), a restaurant (10 parking spaces for a floor area of 120 square metres), offices (2 parking spaces per office), a fitness centre (minimum of 4 parking spaces), and a spa and beauty salon (minimum of 5 parking spaces combined). Additionally, there is an open-air yoga centre and a pool area where drinks and snacks are served, requiring multiple parking spaces depending on the size of the amenities.
Furthermore, the developer must allocate space for loading and unloading, as well as designated areas for emergency services, including first responders such as ambulances, police, and fire departments.
Limited space
Considering the standard size of a parking spot is 12.5 square metres, The West Vue requires a space of minimum 3,000 square metres for parking spots, apart from an entrance road and exit way and driveways through the subterranean parking garage. The Certificate of Admeasurement 013/1968 listed under the residential building permit identifies an area of 2,610 square metres, whereas the omitted three parcels combined are significantly smaller in size, amounting to a building area of less than 4,000 square metres.
While parking spots for the commercial features of the condo hotel are omitted, the policy document of the VROMI Ministry regulating Parking Standards states: “This policy contains the (new) parking standards, as well as some clarifications regarding the use of the parking standards, including exemptions which may be desirable in certain cases. Furthermore, the policy contains minimum design criteria for parking facilities, which are to be considered an integral part of the parking standards.”
The document specifically states, “If a development entails two or more functions to which different parking standards apply, the standards applicable for each function should be applied in proportion to the extent of the respective function.”
According to the basic principles, the developer/applicant of a building plan is responsible for and obliged to provide the required number of parking spaces and must provide for them on its own premises subject to the building plan. Moreover, the standards are regarded as minimum standards.
Devaluation of properties
The residents’ request to review the developer’s plans for the parking lots and the 18-story building – set to be constructed directly in front of their homes – was denied, and no discussions were held to involve them in the planning process.
Providing email threads dating back nearly three years as proof of their good-faith efforts to communicate, the homeowners said they had been denied the right to formally object to the full scope of the development. They argue that the project will result in a loss of privacy, safety concerns, noise pollution and other disruptions, ultimately causing an unnatural devaluation of their properties.
However, the majority of Jordan 12 homeowners persist in their refusal to surrender their properties to NLGY, which had informed them via email on May 18, 2022: “Our team is seeking a mutual offering by acquiring your existing site.”
In recent weeks, homeowners have raised concerns with the newspaper about various disturbances caused by the developer. These include a water leak attributed to the contractor, an electricity outage after the developer accessed their fuse box, although power was quickly restored by a homeowner who is an electrician, and trembling walls and ceilings due to excavation work that begins shortly after sunrise. As a result, residents are forced to keep their windows and doors closed to minimise noise and prevent sand and dust from entering their homes.
Recent drilling just steps from their building has left homeowners concerned that their walls may begin to crack. “When the drilling started, the entire building shook. I was terrified my ceiling was about to collapse,” said one resident, who ran out of her home and pleaded with the contractor to stop. While the work was briefly paused, it quickly resumed on orders from Yee-Fong.
Visit from the Minister
Gumbs visited the excavation site for the first time on Tuesday morning and spoke with the homeowners. “The minister expressed shock,” the residents told the newspaper. “Walking around the barracks for migrant workers, by the school yard, and near the excavation site, the minister took pictures and made videos.”
Gumbs became aware that the contractor is demolishing a cliff, they said. “He wondered if this is even allowed.” The cliff is supported by a high retaining wall between the building site and lagoon waterfront town houses.
“Why are they allowed to excavate and do construction if they don’t have a legal permit to start with?” the residents asked.
After Gumbs left, a shipment of rebar was delivered to the site. Trucks kept coming and going until 8:00pm that Tuesday night, to the great frustration of the residents, who had hoped that the minister would pause the excavation work to sort out the permit issue and determine what activities are allowed based on the Building Ordinance.
The next morning, during the Council of Ministers’ press briefing, Gumbs said, “If I have to halt works that have permits, I open myself and the government of St. Maarten to litigation. While myself and my party [PFP] campaigned very heavily against over-development, and we remain committed to managing and bringing on sustainable development, on the flip side we also have to make sure that what we are seeing is actually in line with what we are being told.
“Often-times we get information from persons who are concerned and we don’t get the other side of the story. My attempt currently is to make sure I have all information.”
‘Matter of ethics’
According to the draft zoning plan, the property for The West Vue is designated for building up to three levels, Gumbs said. “But the draft zoning plan was not approved by Parliament to become law. Therefore, it gives the minister the discretion to deviate. But looking through our files we see that deviation is never well-substantiated. However, because it is not illegal, deviations could be made.”
It boils down to ethics, Gumbs said. “There is a fine balance between what is ethically and legally correct.” He added that as of Wednesday morning, it was confirmed that The West Vue developers are not in possession of a Civil Works permit. “We now have to make sure that a number of things to rectify that are done, and this could include, for example, a stop order. The information that we receive on the hour will determine what we will decide and how we execute our work.”
