In its June 18, 2010 letter to Gov. Benigno R. Fitial, the board said it “believe[d] everyone should be heard with respect to zoning in their communities.”
“It is unfair to require some people to go through the zoning process, while giving other people special treatment, without any apparent justification,” the board added.
“Moreover, it is our understanding that Rep. Torres has relatives who own property in the rezoned areas,” the board said.
On June 17, 2010, acting Gov. Eloy S. Inos signed into law House Local Bill 17-2 D2 which became Saipan Local Law 17-2, amending the Saipan Zoning Law of 2008 to rezone certain areas in Tanapag, I-Denni, Chalan Kiya, and Oleai/San Jose, from village residential to village commercial.
The zoning board and zoning office have 20 days, or until July 5, to comment after the Saipan and Northern Islands Delegation passed the local bill.
The board said it especially objects to the provision introduced by Torres, “requiring the Treasury to reimburse certain penalties lawfully imposed and collected by the zoning office.”
“This provision appears arbitrary at best. At worst, it is an example of the Legislature granting a very unusual benefit to an individual or very small group of people,” the board said.
The board noted that Torres in his March 12, 2010 letter asked the zoning office to rescind the notice of violation issued to Servino & Associates.
The property in question, the board said, is located in map 20 of the Saipan Zoning Law of 2008, “which is the subject of the rezone” consistent with Torres’ floor amendments.
“Beyond the injustice of this special treatment for Servino & Associates, if this provision is signed into law, then the Legislature will be empowered to rescind any government administrative penalty, and generally to second-guess all enforcement decisions made by the executive branch,” the board said.
The zoning board and office, are developing a zoning scheme for the entire island.
To further this end, the board said it conducted numerous public meetings to solicit ideas regarding possible amendments to the zoning law.
Public meetings were also held in each community where a rezone is proposed, the board stated.
“With respect to the rezones introduced [by Torres] in the floor amendment, the [legislative delegation] has not held public meetings and has provided no rationale for rezoning these areas,” the board said..
Acting Zoning Administrator Therese Ogumoro told the Variety: “The communities were not given the opportunity to voice out their concerns about these rezones.”
She added, “It is so ambiguous and unclear that it may significantly impact residential villages such as Oelai and Tanapag to turn them into 90 to 100 percent village commercial.”
Asked for comment, Torres, Ind.-Saipan, said the zoning board’s letter was “libelous.”
“They defame me. They showed disrespect to the Legislature. They are lecturing us,” he said, “They have no common sense.”
“I am in no way in conflict. I’m looking at the business side and for the interest of the commonwealth,” Torres said.
He admitted he has a brother who owns a property in one of the rezoned villages, but he said his brother is not running the business.
Torres said the zoning board and office are “anti-business.”
