THE Commonwealth Zoning Board on Monday denied Saipan Cares for Animals’ application for conditional use of property on the current location of its animal shelter in As Gonno, but gave the nonprofit organization 60 days to vacate the premises.
Present in the meeting at the governor’s office were Zoning Board Chairman Perry Inos Jr., Vice Chairman Frank Aguon, Secretary Kevin Guerrero, Treasurer Cecilia Taitano, and board members Shane Villanueva and Edna Nisola.
All of them voted yes to Inos’ motion to deny SCA’s conditional use request. Inos also set the following conditions in granting SCA 60 days to move out:
1) SCA should not increase the number of animals in the premises from the date of the order.
2) SCA should not erect, construct or build additional structures in the premises from the date of order.
3) SCA shall abate noise caused by of animals under its care.
4) SCA shall mitigate offensive odor caused by the animals under its care.
If these conditions are not met, SCA will be subject to immediate cessation of its operations and activities in the shelter.
Before the zoning board members decided on SCA’s conditional use application, they held an executive or closed door session to consult with their legal counsel about SCA’s use of property in its current location, which is designated as rural.
After the executive session, the board chairman said they were advised that SCA is not compliant with the zoning law. The zoning board cited Section 509(d)(2)(A), which allows only 4,000 square meters of property for non-residential use.
The zoning board, however, will not impose a fine on SCA for violating the zoning law.
For her part, Zoning Administrator Geralyn Dela Cruz provided the board with background information on the events leading up to the meeting on Monday.
She said SCA submitted its conditional use application in December 2020. The application was heard on Feb. 3, 2021, but the board tabled the matter until August 2021.
After the conditional use application was tabled again SCA submitted a separate request to remain in the As Gonno property until Feb. 1, 2022.
On Jan. 19, 2022 SCA asked for an additional 12 months, but the Zoning Board denied the request.
“So we are here today because the [conditional use] application has not been decided,” Dela Cruz said on Monday. “It has always been tabled. Therefore, the Zoning Board needs to make a decision today,” she added.
Before the roll-call vote, Inos addressed his fellow board members, saying that he finds “just reasons” in granting SCA 60 days to vacate the premises.
He said the facts before them required that they “issue a balanced determination.”
“We are dealing with animals’ lives not inanimate objects. I find that an immediate [suspension] of SCA [operations] may result in public health issues and unwanted and uncared [for] animals going around the community,” he added.
He said their decision will provide SCA with enough time “to cease its activities.”
According to an online petition, which calls for a six-month extension for SCA, it is “now faced with the prospect of finding homes for the 150+ animals in their care, or face the horrendous prospect of being forced to euthanize those that could not be re-homed.”
