Developer rips up slice of North Side coast

| 17/08/2017 | 227 Comments

Cayman News Service(CNS): A developer has been ripping up the ironshore along a stretch of coast in North Side without the requisite permission, according to officials. A concerned CNS reader sent pictures of a digger on the coast tearing up the natural rock formation, which the Department of Environment (DoE) has said is a major threat to the stability of the shore and nearby beaches where turtles are nesting. The Department of Planning has also stated that it became aware of the work Wednesday and, as a result, an Enforcement Notice and a Stop Notice were issued to the landowner Thursday.

But it appears the damage has already been done.

Ezzard Miller, the opposition leader and constituency representative, told CNS that he has had major concerns about what is going on at the site near the Retreat Condos at Rum Point for several weeks and said he has been struggling to get the authorities to act. The land in question belongs to long-time local developer, Joe Imparato, who, Miller believes, was granted planning permission several years ago for some kind of hotel development on the site. But, the MLA said, no one has been given any authority to tear up the coast.

Concerned that the developer has also blocked access to the area, including a fire easement, Miller expressed his frustration that nothing is being done to address the issue.

“No one should ever be allowed to block access to emergency services,” Miller said, referring to a fence that has been erected on the site. “Fire trucks cannot drive over fences.”

Miller said he had been trying to get to the bottom of what was going on and how the developer was able to tear up ironshore without permission, but he was getting nowhere, as he pointed the finger of blame directly at the Central Planning Authority.

Pictures of the backhoe were sent to CNS just hours after the Public Accounts Committee had met on Wednesday. Under the chairmanship of Miller, the director of planning and the chief officer in the ministry responsible were grilled about the lack of enforcement regarding planning laws and the culture of people carrying on development work in the complete absence of the relevant permission but without consequence.

The damage to the ironshore is also of particular concern to the DoE who responded to CNS enquiries pointing out that they were not consulted “on any planned excavation activity in this area”.

Officers have visited the site, a DoE spokesperson said, raising concerns that before they were alerted the ironshore had been removed with a backhoe and that the developer continues to grind down the remaining rock to create a sandy beach. The DoE explained the last time it was asked to review construction activity in the area was in January 2015 and there was no reference to any work regarding the removal of ironshore along the coast.

“The DoE would have recommended strongly against any such activity for the obvious reasons relating to beach stability in this area,” the spokesperson told CNS. “With respect to this application, the department has long had concerns about the position of the Registered High Water Mark (HWM) for this property, which were raised with the Planning Department and Central Planning Authority during the reviews, because as surveyed the HWM extends a considerable distance into the water, which coincidently is a Marine Park and as such a protected area under the National Conservation Legislation.”

The environment expert added that the area is also an active sea turtle nesting beach with nests being reported this year. They also explained that work seaward of the HWM would be on the seabed and would require a Coastal Works Permit to be issued by Cabinet. “The DoE is not aware of any application  to remove ironshore in the area being submitted. The DoE notified the Planning Department who informed us that they had dispatched planning officers to investigate the matter,” the spokesperson added.

Following CNS inquiries to the planning department, the director confirmed that the notices had been issued Thursday. “The Department of Planning became aware of works along the shoreline on Block 33B 266 on 16th August 2017. An investigation was conducted by our compliance team resulting in the issuance of an Enforcement Notice and a Stop Notice to the landowner,” Haroon Pandohie stated via email.

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Category: Local News, Marine Environment, Science & Nature

Comments (227)

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  1. Anonymous says:

    The Cayman Kai Property Association has tried to have this project stopped for the exact reasons shown here. They knew the project was using the wrong HWM but no one seemed to care. Glad they are finally doing something about this.

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    • Sharkey says:

      After reading Anonymous 18/08/ 2017 , 7:39am comment . I would think that this man has exhausted his welcome to our Islands . As I see his position it seems that there’s a lot of other people that are involved that is trying to hide behind the backhoe that did the digging .

      So it looks like the people / Caymanians needs to take some serious actions and make some serious demands . If Government and CPA and DOE are allowed to continue with this kind of disrespectful behaviour to the People and the Environment, I think that pretty soon they would be saying who can live on the Islands .

      Let’s think about it . If this had been a Caymanian or anyone else who had did this illegal destruction to the iron shore , where would you be now ? In prison . The Government and CPA and DOE would all make sure to it .
      If this disrespectful behaviour is not correct now , only time will tell .

  2. Sharkey says:

    I believes that everyone see that what he has done is wrong and who ever did it must be punished. Some want him fined , some want him deported, some thinks he’s a disgrace to the Islands , some want him jailed , and what ever else people may think of his disregard for Laws and the Environment of Cayman Islands .

    I completely agree with all the above mentioned. WANTS / WISHES of all the people . I really thinks that the time has come for CITIZENS/ CAYMANIAN to set a precedent for these kind of money hungry predators., that we welcome you and your money , an your good development behaviours , but not your DISGRACEFUL behaviours .not the kind of Environmental decision like this .

    If a protest is organized by the. CITIZENS to have him removed from the Islands I would sure be there in a heartbeat .

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  3. Anonymous says:

    This developer has been pushing the boundaries of all planning regulations that tend to restrict what he wants to do on this site to maximize his profit. The owners of Condos at the Retreat and myself have spent much time and money in seeking to have the Central Planning Authority enforce existing laws and regulations on this developer on this site. The number of infringements are far too numerous to list here but here are some of them. The high water mark for this development as presented and accepted by CPA for planning approval is in 4 feet of water. This led to me getting the Government to change the regulations so that all site plans with beach frontage now require approval and authentication by Lands and Survey before CPA can grant approval. He has recently been given permission by CPA to mound up sand along the sides of the building, as Dart did for the Kempton Hotel, with CPA approval, to allow additional height of the building to allow underground parking all of which was objected to by adjoining land owners.
    This is the same developers who has started building multiple homes on one site that CPA approved without a side walk, but gave approval for a wall that has destroyed and eliminated all the traffic safety improvements done to Rum Point junction by the NRA.
    This same developer currently has erected two fences and placed other construction related buildings in an registered easement, all prohibited by law, that serves as the fire lane for the Retreat condos and CPA has approved or is considering an application from this developer to put parking for his development and CPA is satisfied by the developers response that the fire truck can drive through the fence if a fire erupts at the Retreat. Four weeks I and the owners of Retreat have been trying to get CPA to force this developer to remove the fences and clear this easement. FENCE STILL IN PLACE. Enough said.
    The whole CPA board needs to be replaced because of their actions on this project alone not to mention the hard time they give poor Caymanians trying to construct a home for their families.
    This development needs to be stopped, a new board appointed and all laws and regulations that exist to control this type of development applied and enforced.
    The fight continues.
    D. Ezzard Miller

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    • Anonymous says:

      Thank you for the info and for looking out for Caymanians Ezzard!

      It sounds like the CPA are all in this developers pocket and should all be sacked immediately!

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  4. Anonymous says:

    Wouldn’t hold your breath waiting for Government action against Imparato – for whatever reason, people like him seem to be immune to the Law.

  5. Anonymous says:

    Stop the development and deport the developer! We the people demand this CIG!!

  6. AlanP says:

    All you have is the tiny rock you live on. Why anyone in its sound mind would disturb its fragile stability.

  7. Anonymous says:

    Dear Dennis , dont you realize Caymanians are now 2nd class citizens , if you are not rotten rich you dont have a say . Either have /havenots the middle class has become extinct your sentiments falls only on deaf ears. Only in Cayman this can happen!

  8. Anonymous says:

    Give me a nice sandy beach over that razor sharp unsightly ironshore nonsense. I say blow it all up with dynamite. Even the turtles would thank you!

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  9. Anonymous says:

    Guilty of the destruction of marine habitat and natural resources. Easy, this is jail time. CIG? Are you all talk and no back bone?

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  10. Anonymous says:

    Deplorable and disgusting.

    Significantly larger European countries (amongst others) have strict laws against any type of permanent construction on the coastline (even rivers) whatsoever, meanwhile Cayman allows big money to come along and destroy, dredge, and dig up our precious and severely limited shoreline.

    A developer’s desire to make his money-making establishment “nice” by way of shoreline features will never trump the importance of Cayman protecting its priceless natural resources.

    At an absolute minimum we need a 50 metre untouchable perimeter to which a moratorium is applied in respect to development.
    It can be legally implemented under national security or health and safety – which all do actually apply.

    (Although, our tourism customer base has a lot to answer for as well. If American, European and “first world” citizens were genuine about their new obsession / religion of Environmentalism – we would not see so many checking their morals at the borders of the Caribbean and other examples of paradise and suspending their outrage to frolic along artificially crafted resorts under the sun etc.)

    In a properly functioning version of Cayman society this offender would be now facing a strong possibility of imprisonment and land seizure.

    These are the only workable deterrents and represent the only penalties that such people understand and respect.

    – Whodatis

    *Tired of the twilight-zone hypocrisy of our administration and much of the current residency.
    On one hand we must adhere to every rapidly changing societal trend in terms of “equality”, animal rights, secularism and such – but on the other, we are strongly encouraged to behave as if it is 1977 when it concerns tangible, crucial issues like our environment.

    I only trust my fellow Caymanians recognise the patterns of these sporadic outrages and countering silences.

    Our Caymanian children deserve better. They must remain our prime concern and focus. Thereafter, everything falls into place … and perspectives like mine are no longer a rarity and will ultimately work its way into the average, vertebrate Caymanian lawmaker.

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    • Anonymous says:

      .. maybe in the year 2525. You talk like cayman will lead the way to an enlightened human population. I ain’t sayin’ I couldn’t happen, but…
      Oh hell, let’s give it a go.

    • Anonymous says:

      Hmm, nice rant but the land belonged to a Caymanian, who sold it for a healthy profit. The developer is Caymanian, who will make a fortune from this resort. And the Realtors are Caymanian, and they too will make an obscene commission on each unit.
      Take into account all of the Caymanian suppliers and sub contracted trades, the failure of Caymanian MLA’s to be proactive and not constantly reactive, the failure of CIG Planning to ensure total compliance and who rely on other government departments to inform them of their obligations. And the massive failure of ordinary Caymanians who have witnessed this wholesale destruction of their island and refuse to do anything about it.

      You see Who, turning this Caymanian problem into a racist, xenophobic and anti world rant isn’t going to make a blind bit of difference. Unless All Caymanians start taking responsibility for their island, stop selling out their land to developers, stop trying to grab every dollar that comes their self interested way, and stops blaming everyone else for their own failings, then nothing will change and this once beautiful island will end up looking like any other over developed vacation resort country.

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      • Anonymous says:

        Also take in to account that the person who took the photos and sent them to CNS is NOT a Caymanian.

      • Anonymous says:

        Some would regard blaming an entire population with no connection or influence whatsoever for the decision of a sole individual as the pinnacle of “a racist and xenophobic rant”.

        But go on – tell us more…

        – Who

        * The developer alone is responsible for this disgusting act.

        Your argument is akin to throwing me in prison because I sold my car to a man that used it to rob a bank.

        Maybe try to earnestly contribute to the issue at hand rather than post with the primary intention to insult or attack a poster you despise – and you may avoid these unfortunate situations.

    • Anonymous says:

      Whilst I’m on side with much of your sentiment do remember it was Caymanian voters that voted out the only MLA that gave a demonstrable damn about the environment.

      I wouldn’t trust all your fellow Caymanians too much in this regard.

    • Anonymous says:

      Only Who could find a way to blame the European tourists (presumably he means UK, he normally does) for Caymanian developers or residents digging up Ironshore illegally. You do get that most tourists would never look at a forum like this to realize what is going on? The websites of those places are never going to state “BTW, we ripped up Caymans natural habitat to build this place”. The blame, Who, is clearly with the planning and enforcement of planning laws. It is a Cayman problem 100%, however much you would like it to be a UK one. And I think we all know we are talking corruption here. Big time. It is the only reason things don’t get stopped here when they should.

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      • Anonymous says:

        I might have meant UK if any sizeable portion of that population could afford to visit the Cayman Islands (with their £27k average salary …bless), much less stay at this particular resort.

        – Who

        😉

        • Yo Yard, My Yard. says:

          yes Who is right. If only the exploitative colonialists, or the temptation of BET, or the casino corporations, or eveyone else who only just want to abuse and use Cayman and Caymanians hadn’t corrupted this place it would be run just fine and all would be well.

          Who, you must free yourself from mental slavery. When you blame everyone else for your situation you are also then also dependent on them to save you. You must look in the mirror and look honestly. Only by rising above the victim mentality can you take responsibility for your own actions and can hold others accountable for theirs.

          Spilling hatred and bigotry will not make you or anyone’s life any better. You will just remain a bitter and empty vessel casting your tiered and empty words into the void.

    • Anonymous says:

      Thanks for the support (up-votes) everyone.

      As for those that took the time to post their usual spiel … get over yourselves.
      Why are you focusing on the side-issue of my post?

      Sorry, but there are far more important matters at hand than your fragile little egos.

      – Who

  11. Anonymous says:

    Greed greed and more greed

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  12. Anonymous says:

    ” I do what I want, Im grown”

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  13. M McLaughlin says:

    No accountability – Joe the Godfather believes he’s above the law. I mean when you literally have or have had politicians in your pocket you do these things and there are no consequence.

    I’m certain Joe is still pissed off that his 30mm cubic yard imaginary dream of a quarry didnt come to fruition, McKeeva didn’t retain the premiership, so he hoodwinked Joe.

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    • anonymous says:

      Last time Joe broke the law was by making his house wall higher on SMB. He was forced to make an after the fact application and paid the penalty. All details in CPA minutes.

  14. Anonymous says:

    This is awesome!

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  15. Anonymous says:

    Though we try to rise above, deep down in our bones, we are still a Banana Republic. How can greedy developers continually get away with ignoring laws and regulations? Graft, graft, graft.

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  16. Sir Turtle says:

    So what will be the consequence? Will the developer and the the backhoe operator be fined? Imprisoned? Forced to restore the iron shore to its natural state? Stop the development all together? Let me guess, a slap on the wrist, still get his beach whilst washing everyone else’s properties into the sea.

    CPA has no teeth or backbone or enforcement. Pretty much all government entities has no enforcement hence why everyone else can come here and do all that they wish to do and get away with it.

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  17. Anonymous says:

    Look we spend a lot and put up with all the various rules put in our way to make profitable developments. You people need to step back and think of the economic damage you are doing by limiting development. Who will pay all your welfare programs? Get real, progress means some things have to be sacrificed like some old rocks or trees.

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    • Anonymous says:

      You are such a short-sighted fool.

      I hope you eventually mature to the level where you reflect on your post above with humbling embarrassment and shame.

      – Whodatis

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    • Anonymous says:

      “Economic development” won’t mean jack if we keep destroying the little bit of natural fixtures we have left that are the thin line between land and sea.

      Ask Florida how their shorelines are holding up to global warming.

    • Fun bring bun says:

      There is a thing called sustainable development. Not all development is positive! If the environment, social, and economical aspects don’t coincide for the betterment of the country it is NOT sustainable. Unless you were born and grew up here I doubt you will understand how important these little things are to us, especially when Cayman has so little left.

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    • Anonymous says:

      Rubbish. If you want to tear up ironshore you have to get a permit and if you don’t there are consequences. It’s the law.

  18. Anonymous says:

    You see this is the way Cayman works, developers and their proxies, for example, the Compass lobby against any type of proper regulation and environmental protection. The government listens to the money not the people nor the environment so it’s no accident that we haven’t had an updated development plan in probably 20 years, it’s the way Joe and his ilk want it so they get it. Look at the appalling mess West Bay Road has become and South Sound is becoming. All due to people incapable of thinking of the future beyond their lifetime. 25,000 permits and idiots are still arguing that development is needed to grow the economy.

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  19. Right ya so says:

    You go Ezzard! Thank you!

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  20. Anonymous says:

    This is cayman ! the rich do whatever they want and the poor man have to go through red tape until he gives up , happens all the time.

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  21. Anonymous says:

    Who’s the perp?

  22. Carol Huddleston says:

    The same thing was done by a landowner who was s property owner just a few mjnutes drive from the Retreat years ago. The Government was notified snd sent the helicopter to see what was going on. A lot of digging with a backhoe had already been done and the Government fined thd kzndiwbet over $39,000 and made them rectify the digging of the onshore. The rich developers think that they are beyond the law and do as they please. The Government should immediately fine them heavily and make them pay a high price for contravention and tearing up the it ironshore. Who do they think they are?

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  23. Anonymous says:

    Well, if it was a Caymanian not a status holder who had attempted to reek such destruction you woukd be reading a different story. These people, who we wlcome with open arms are our greatest enemies.
    Wait and see what action will be taken against Joe Imparato. Money talks.
    When will we eve get it right? Whatever planning that was given should be revoked and he should never ever be oermitted to develop that property. Only in the Cayman Islands.

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  24. Anonymous says:

    Planning knows how to deal with him. I can guarantee that his temporary electrical connection will be delayed by at least two weeks.

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  25. Sharkey says:

    This says that the Citizens of the Islands have to demand ” prosecution ” not prostitution that’s what some people have done in this case . Someone needs to not pay but get some good prison time for this act . If not I would have to call for all Politicians to step down because they wouldn’t stand for nothing EXCEPT CORRUPTION .

    CNS I applaud you for publishing this article , and stay on it . This kind of disrespectful behaviour is unacceptable and sets a bad precedent in the Islands.

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  26. Anonymous says:

    Why is Miller only just going public now? He could have had Caymanians and expats alike up in arms and demanding action….

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  27. Dennis Connor says:

    This is showing me that we the people of the Cayman Islands have no rights at all, Anyone can come to theses Islands and do whatever they want and get away with whatever is against the law, we the people of East End want the DOE to give us permission to take up some black grass so we and our kids can enjoy the beautiful of the sea ?, it’s a dam shame that we have four public beaches ? and not one ☝️ we can use to teach our kids to swim and this man can distory our beaches and some can put a block wall right down to the water ? blocking the public assets, what else for them to do and get away with it.

    Best regards
    Dennis Connor

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  28. Anonymous says:

    I hope the government has the testicular fortitude to pull the plug on the entire development because of this!

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  29. Anonymous says:

    What the hell were you thinking Imperato!? Deport his ass!

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  30. Anonymous says:

    Imparato knows better than this. He should be fined heavily–I’m talking $500,000. Also needs to be forced to mitigate as far as possible. What a jackass.

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    • Anonymous says:

      Not enough. That kind of money is of no consequence to him.

    • Anonymous says:

      We don’t want him! – America

    • Turtle Man says:

      $500,000? You’ve seen his house right?

    • Anonymous says:

      $500,000 wouldn’t be a proportionate wounding or deterrent. He should forfeit the property and be put on “developer probation”, along with many others that deliberately instruct $8/hr backhoe operators to do their evil bidding! He isn’t the first or the last developer to have pulled a sneaky! Many do it under floodlights in the dark of night!

  31. Anonymous says:

    Start with a $500,000 fine for any marine parks offenses alone!

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  32. Anonymous says:

    There should be fines in the millions when these things happen.

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    • Anonymous says:

      A minimum of 15 years community service to go along with that senseless destruction of the precious beach land should be an extended perk of punishment.

  33. Anonymous says:

    Looking at the mountain of quarried rocks piled up out front of Shetty Hospital is anyone really surprised?

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  34. Anonymous says:

    The DOE says no to everything. I am all for protecting the environment but I didnt know turtles nested on the iron shore.

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    • Anonymous says:

      Are you that slow!? DOE said removing the iron shore would possibly affect the stability of the beach next to the iron shore.

    • Anonymous says:

      It says the destruction of the iron shore will wash away the beaches near there where the turtles nest.

      Read the article again please.

    • Anonymous says:

      Without ironshore framing in these small sand lots, they are eroded, and transported by natural wave action. Then there is no sand and no nesting grounds at all.

  35. Anonymous says:

    To slow to late and a toothless CPA, like the rest of this island 10 years will be ruined under a pile of trash, pollution and over development.
    Sorry but there should have been a sustainable development plan years ago. This place is ruined

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  36. Anonymous says:

    No respect for the laws planning and environment in the Cayman Islands. Thinks money makes them untouchable. Disgusted

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  37. Anonymous says:

    Surprised much? We gave him an inch..then we gave (sold) him the entire rope.
    And guess who

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  38. Anonymous says:

    Jail time!

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  39. Anonymous says:

    No one told me I couldn’t remove the ironshore! Please don’t slap my hand, I just got a manicure.

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  40. Anonymous says:

    Nothing will happen to “Old Joe” he is a multi billionaire with lot’s of connections in Govt, owns most of CUC and lives in a large private home on Seven Mile Beach.

    When the mangrove coast line was dug up and destroyed by the Hon Speaker friend near Dragon Bay without Planning and DOE Approval, what happened to him ?

    The Ritz Carlton money (Stamp Duty) that we are owed, has that been paid as yet ?

    Money talks and Bullshit walks here in the Cayman Islands but it’s not unique to us, it’s all over the world.

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  41. Anonymous says:

    If his last name was Ebanks, Ramoon, Boden etc. he would’ve been charged and in jail LONG TIME! Disgusting…smh

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  42. Anonymous says:

    His blatant disregard for anything but the almighty dollar is an affront to the Cayman Islands. He has been doing this sort of thing for years…money allows you to get away with anything you want in this country. SMH. Where are the leaders who will stand up to protect their land? The land of their forefathers and descendant…where??

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    • Anonymous says:

      Don’t be surprised when those “leaders” start dismantling what little environmental protection there is.

    • Anonymous says:

      The Leader in Environment Protection and protecting and preserving our Country coastline, marine parks, significant ponds, our national park, the people thought best to remove him for someone that is all hot air and will not do a thing to protect the environment for the next four years, but undo everything he did to save and preserve our Country!
      The Cayman people do not know what they want and the people elected into Government knows that – we sway like the wind and the foreign developers feed off of our instability as a people to be consistent and supportive of good politicians that actually do care and have done things to preserve us a Country.
      We do not want good politicians because all we know is corruption!
      Poor Gina head of environment takes a beating everyday by these developers for doing her job in preserving our Country and the only elected government official that protected her is now no longer there to help her because he did a good job in the short four years and we did not like that he did because he was not corrupted enough!

  43. Anonymous says:

    Lock Joe up!

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  44. Anonymous says:

    Prosecute Joe Imperato to the fullest extent of the law. What an outrage. Smfh

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  45. Anonymous says:

    No surprise here. No enforcement of much…except

  46. Anonymous says:

    If this has indeed been done without any approvals imprisonment would seem the only appropriate consequence – including of any equipment operators who did the work without ensuring approvals. Fines would not be enough.

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  47. Anonymous says:

    This needs to be prosecuted properly and he should go to prison, not just pay a fine, its flagrant disregard for the law

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    • Anonymous says:

      This is the Cayman islands my friend. He most likely already paid his”fine” to the person/persons who will now pretend to do something to make it look like they are doing their job. You would have to be a special kind of ignorant not to see this all over the island and pretty much done this way from the start of Cayman. For those of you who are now up in arms and demanding things be done right, They know you will do this. They also know you won’t do anything else.

  48. Anonymous says:

    Oh no! Not an Enforcement Notice, Big Joe must be quivering in his flip flops.
    I do not believe that the Planning Dept has ever forced a developer to re mediate a site, they will just apply for after the fact permission and pay a fine, same old story. Cayman is a land of laws with no enforcement.

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  49. Anonymous says:

    Say it ain’t so Joe!

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    • Anonymous says:

      What feeble attempts at law enforcement. Issue a stop notice! When a person is breaking the law report it to the Police and go to the site and do your job.

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  50. Anonymous says:

    This is horrible!

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    • Anonymous says:

      It is not horrible but a vast improvement to what was there. Grow up.

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      • Anonymous says:

        Never tamper with what mother nature put down…there is always a reason for it!

      • Anonymous says:

        That property is a big part of why there is a Rum Point at all. It was solid ironshore with a dropoff straight into 4-5 feet of water. The waves hit it hard almost all the time. There is no hope of a beach there. The waves are going to wash it out unless they get to more ironshore underneath. He’s going to lose the front of the property and then have to dump boulders or build a seawall in the water to save it. Meanwhile in a storm the waves may well blow through the point past the Retreat. But that’s somebody else’s problem. What a dummy!

    • Anonymous says:

      He needs to be deported. He is trash.

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      • Anonymous says:

        Entirely doable if someone granted status commits a crime made possible or facilitated by the fact they are Caymanian.

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