IN response to recent reports concerning the Anaks Ocean View Hill Saipan Homeowners Association Ltd.’s motion for Superior Court Judge Pro Tem Wiseman to reconsider his decision denying the residents of Anaks the opportunity to appeal the “conditional use permit” granted to Atkins Kroll Saipan, Inc. by the Commonwealth Zoning Board, Anaks would respectfully inform the public that:
(i) The residents of Anaks do not object to AK opening its car dealership at the proposed location in Puerto Rico.
(ii) However, given the fact that hazardous chemicals and toxic substances will be used in connection with the proposed auto body, paint and repair work, and the excessive noise generated by these activities at the proposed location: the residents oppose the Zoning board decision that will allow AK to relocate its painting and automotive repair shop to the same location because the location sits on top of the water aquifer which is the source of drinking water for the residents.
The motion for reconsideration is necessary to allow Anaks’ appeal to be heard on the merits — instead of being determined on a procedural issue created by the Zoning Board’s misleading actions.
In an order dated Sept. 20, 2022, the Superior Court ruled that Anaks had 30 days to appeal from the date that the Zoning Board voted to allow AK to build a commercial vehicle repair facility that will use hazardous and toxic chemicals for auto body painting and other auto repair work.
Anaks filed its appeal within 30 days of the date from which the Zoning Board actually issued the written permit.
The Zoning Board did not announce during the meeting, or at the time of the vote, that an appeal had to be filed within 30 days of the date of vote. The Zoning Board then waited for more than 30 days to actually issue the written order granting the permit, thus creating the conflict and procedural basis for the Superior Court’s decision to dismiss the appeal.
Rather than threaten the health and welfare of the community, AK should locate its paint booth and automotive repair shop in another location — away from homes and residents — possibly in nearby Lower Base Industrial Park (just as another automotive dealer has done).
Negative health effects can result from exposure to excessive noise and the hazardous and toxic substances used in auto body and auto repair shops, including volatile organic compounds found in paints and solvents such as toluene, xylene, and isocyanates, as well as airborne particles released from sanding and grinding that contain silica and heavy metals including lead, cadmium, and chromium.
