Landowner questions issuance of zoning permit

Private landowners of a residence in Chalan Monsignor Guerrero Avenue are questioning the legality of the Saipan Zoning board’s issuance of a conditional use permit to Big Boyz Marine Sports last month.

In an email to Saipan Tribune, Jeaniffer Hiponia Cubangbang, representing her family, said the Zoning board issued an illegal permit to Big Boyz since there is no proof that the company is leasing the property.

Big Boyz is currently renting the property on Chalan Monsignor Guerrero Avenue as a commercial garage. Owner Masanari Yasuda had proposed it to be changed into a repair shop and was issued the permit by the Zoning board.

According to Zoning’s legal counsel Kate Fuller, the Zoning office and Zoning board do not determine the validity on leases.

“We ask for evidence on the land use right, and once we get it, we don’t inquire into that or try to judge that or dispute between a landlord and the one leasing,” Fuller said.

According to Cubangbang’s statement, the Zoning board did not issue a proper notice to the Hiponia family through email, phone, or mail.

At the time of the public hearing on July 10, Marizel Hiponia, Cubangbang’s sister, attended the public hearing and notified the Zoning board about the lease agreements with Big Boyz and her family.

Hiponia said she was representing for her family because they were off-island.

Cubangbang said that Zoning administrator Therese Ogumoro signed the permit on July 15 and was picked up by Big Boyz owner Masanori Yasuda the following day.

Fuller said she couldn’t comment on the validity of the lease and that she had heard from the Hiponias that Big Boyz doesn’t have a valid lease.

“We ask everybody if they have a valid interest in land and ask for evidence and once they have given it to us we don’t negotiate on the lease agreements. We’re not the court and we just make determinations on zoning laws, not people’s legal rights. The permit has been issued and it’s a final permit and final decision so it will have to be appealed to the Superior Court in order to overturn the permit,” Fuller told Saipan Tribune.

According to Cubangbang, the Bureau of Environmental and Coastal Quality has not issued a valid permit to Big Boyz and that they are already conducting and operating the business.

She said that Big Boyz is bypassing the legal processes and using political connections. Big Boyz was given the conditional use permit with 10 conditional requirements that are to be met and one is to secure a permit from BECQ.

Cubangbang said the auto shop poses a threat to her family and their health.