Artist’s rendering of the Fan Coral Road 12 apartment complex in Beacon Hill.
~ Appeal proceedings delayed due to incomplete dossiers ~
PHILIPSBURG--The Court of Appeals was set to hear arguments on Monday regarding building permits issued by former Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Egbert Doran (National Alliance) for two commercial buildings in Beacon Hill – an area zoned exclusively for single-family homes.
However, despite all parties being present, the case could not proceed, as the VROMI Ministry had failed to submit all required documents. The judge used the available time in court to question representatives of VROMI, Pride of Beacon Hill Homeowners Association, developer Sasha Management NV, and the legal representative of The Phoenician.
During the questioning, the judge remarked that “VROMI needs to get to work,” while the government’s lawyer admitted he still needed to study the case further. Meanwhile, The Phoenician’s attorney acknowledged that she had yet to fully familiarise herself with the matter.
The judge did have documents that showed that the building permit for Villa Sasha, issued on June 23, 2021, by then-VROMI Minister Doran, had been revoked on July 8, 2022, following a report from the advisory committee that had reviewed objections filed by local homeowners. Notably, Minister Doran did not attend the hearing related to this procedure.
Despite the name suggesting otherwise, Villa Sasha is a high-rise development consisting of luxury apartments, complete with a rooftop swimming pool and an open garage on the ground floor. The units were marketed for pre-construction sale to foreign investors.
After the revocation of the building permit in July 2022, residents of the Beacon Hill community observed that construction workers had returned to the site, preparing to lay the foundation for the project. The Beacon Hill homeowners’ association turned for help to their attorneys again, only to discover that former VROMI Minister Doran had signed a new permit.
It was confirmed in court on Monday that former Minister Doran had issued a new permit to developer Bernard Grosjean, owner of Sasha Management NV, on September 8, 2022 – three months after the original permit was revoked. This reissued permit was not published as required by law, neither in the National Gazette nor in the newspaper. As a result, homeowners were unaware of the permit's issuance until they sought legal advice.
Lexwell Attorneys filed an administrative appeal against the building permit and issued a cease-and-desist letter to the developer. Grosjean received the letter on January 25, 2023, instructing him to halt demolition, construction, and all related activities.
In the letter, attorney Caroline van Hees reminded Grosjean that his parcel, like all others in Beacon Hill, is subject to the Restrictive Covenants of Beacon Hill Estates. The covenants stipulate, among other provisions, that no lot in the subdivision can be used for purposes other than a single-family residence, limiting the construction to one dwelling per parcel. Additionally, approval of architectural plans is required.
On Monday, the judge told the VROMI Ministry representatives that she had read the report from the committee that recommended revoking the building permit and that the contents of the report were “no small matter.”
“Why was a new permit issued?” the judge asked. The VROMI policy advisor present at the hearing fell silent. The attorney representing the government stated, on behalf of current VROMI Minister Patrice Gumbs, that the minister “defers to the judgment of the court.”
This response was not acceptable to the judge, who said firmly, “These are appeal proceedings. This means I need access to all relevant documents, from architectural renderings to the building permit and the justification for issuing it. I cannot review the case without receiving all the necessary information. It is crucial to have a response from the Minister of VROMI.”
Despite receiving a cease-and-desist letter in January 2023, developer Bernard Grosjean has continued the pre-sale of apartments at the disputed Villa Sasha in Beacon Hill. Facebook posts from May 2023 revealed that three apartments had been sold. However, after a newspaper article was published, no further posts were made on social media.
Jean Claude Tjordman, who has been promoting the pre-sale of the 12 Villa Sasha apartments on Grosjean’s behalf, appeared in court on Monday. He confirmed that the building’s foundation is nearly completed and will be finalised by February 2025. Tjordman also said that the number of parking spaces had been increased from 12 to 18, noting that this would be more than sufficient because, as he put it, “the apartment owners will be off-island most of the time.”
The judge then directed questions toward The Phoenician project, owned by Herbert “Topper” Daboul and his wife Melanie, the president and treasurer of Phoenician Private Fund Foundation. The couple, well-known in St. Maarten for owning Topper’s restaurant in Simpson Bay, purchased three family-deeded lots, each restricted by land lease to family homes, with sizes of 1,600, 1,200, and 1,200 square metres.
Daboul hired Geotec NV to design a six-story apartment complex in the style of Holland House Hotel, situated on the beach-front overlooking Burgeaux Bay. Beacon Hill Homeowners Association became aware of the project and on reviewing the design plans for The Phoenician they quickly realised that the proposed construction would completely obstruct their view of the bay. The buildings, which are set to contain 30 apartments, also raised concerns about inadequate parking space. Additionally, the narrow street leading to the site provides no room for extra traffic or alternative access options.
Dozens of phone calls and emails from Beacon Hill Homeowners Association to the VROMI Ministry and to Minister Egbert Doran yielded only confirmation that no permits had been issued for either the demolition of the existing house or the construction.
However, during Monday's hearing, the judge said, “A permit was issued on March 1, 2024. Is that correct?” She also said, “It is alleged that the issuance of this permit is part of the farewell policy of the outgoing Minister,” a statement to which the VROMI representatives had no immediate response. The judge emphasised that she expects a formal reply from the Ministry.
The VROMI policy advisor explained that providing a response soon would be difficult due to staffing shortages in the Permits Department, worsened by the untimely passing of Permit Head Michael Brown. He mentioned that one department employee is currently handling the responsibilities, which makes it challenging to prepare a complete dossier for court.
The case is further complicated by the fact that the land has already been sold to a new owner. The lawyer representing the developer admitted that she has not fully familiarised herself with the case yet.
After an hour of questioning, the judge decided to separate the two cases. The Villa Sasha case will proceed on March 17, with VROMI ordered to provide a justification for the building permit by February 17, allowing the other parties time to respond before the hearing. The Phoenician case has been postponed until May 19 as, to date, the judge has not received all relevant documents and VROMI does not expect the dossier to be complete before then.
Part of the artistic rendering for the apartment complex “The Phoenician” at Beacon Hill.
