Surfrider Foundation: Rincón, Puerto Rico

THREATS to Sandy Beach:

April 7, 2004 UPDATE

Sandy Beach Apartments - April 7, 2004 Update Rincón, PR -- DRNA, La Junta de Planificación and ARPE held a "vista ocular" on Wednesday, April 7, 2004 at the site of 2002-25-0086-JPU-A Sandy Beach Apartments which resulted in a set-back for the developers. The vista was organized after many Rincoeños sent in letters to La Junta de Planificación and to ARPE and placed calls to DRNA (Aguadilla) to express their concerns about the project. These concerns included:

No Public Hearings were held regarding the project and the land use variances
Neighbors were NOT notified of the project by La Junta or other agencies during the permitting process
The project does not have adequate parking
The fence has been constructed within la zona marítimo terrestre
The contractors have started to excavate sand and alter the quebrada that borders the property
The project will irrevocably damage the environment and was approved without an EIS
The project limits beach access

During the site visit, DRNA realized that the developers were not complying with the 6 meter set-back from the "zona marítimo terrestre" as required by both Ley 17 and the actual project permits. As a result, the DRNA group, led by Aguadilla Director Juan Vega Salamanca, is going to require that the developers restore the zona de vigilancia (6 meter setback) before continuing with the project. The group is also preparing an informe for the Secretary of DRNA. In addition, the DRNA will conduct a new survey of the zona marítimo terrestre some time next week.

The enforcement of the set-back by DRNA may also alter the "buildable" footprint and reduce it to 700 square meters. If this is the case, the developer will be required to modify its construction permit with ARPE. Additionally, the construction permit does not include permission for a seawall.
The vista ocular did not, however, address the fact that the variance for the land use (uso de terreno) was granted by La Junta de Planificación (Planning Board) without public notice or a public hearing. Consequently, the project may continue in the reduced footprint with the existing variances unless concerned citizens can exert adequate pressure through the media, local and commonwealth government officials and/or in the courts to send the case back to the Junta for reconsideration with public hearings.

It appears that like in the case of the Reina Del Mar Condos (link to RDM) by the Black Eagle / Marina (Numero DRNA C-297-093 (200208504); Numero JCA DN 02-1551 (JP); Numero JP 2002-25-0402 JPU), the various agencies failed to provide adequate public notice, failed to allow public input and have not considered the significant environmental impacts of these projects.

Link: Click here for the information from La Junta de Planficiación regarding the Sandy Beach Apartments