Deal is at it again...

[njdiver]

There is a new issue in Deal with regards to their proposed plans to improve the structural revetment wall at the ocean side of their Pump House at the end of Roosevelt Ave. Deal has submitted an application for a CAFRA Permit with plans to the DEP to repair the area surrounding the Pump House, which was destroyed by Irene and further damaged by Sandy. As some of you will remember, the Borough promised that public access would be accommodated at the Pump House and that stairs to the beach would be included in their plans.

After reviewing the plans, Deal and their architect have shown no provision or design for access by way of stairs on the north or south side of the Pump House. If you can remember, there were stairs there before Hurricane Irene. This is a violation of the public trust doctrine, established New Jersey law and the DEP's own policies. We should not allow Deal to remove a once viable access point.

The DEP will decide to approve or reject the plans after a public comment period which will end on January 1, 2016. You can help by e-mailing and sending letters to the DEP asking for the access stairs at Roosevelt Ave to be replaced.

Send e-mails to:

Kara.Turner@dep.nj.gov

Send your letters to:

New Jersey Department of Environmental Protection
Land Use Regulation Program
P.O. Box 439
501 East State Street
Trenton, NJ 08625-0439
Attn.: Borough of Deal Section Chief

[fishinmission78]

I feel bad for the rest of you guys that are losing those jetties up north. Government is the 800lb gorilla that does whatever it wants.Email sent, good luck.

[jigfreak]

Sent my e-mail thanks for the share. Hey guys there is a group on facebook that you should join. Led by Andrew Chambarry the lawyer who led the last charge. The elitist a-s-s-wipes will get away with it unless we do something. Don't let those smug basstards win this one.

The letter and facebook group-
"Use this word document as a template to send e-mails and letters to the DEP for the public comment period regarding the Pump House issue."






December 12, 2015



New Jersey Department of Environmental Protection
Land Use Regulation Program
P.O. Box 439
501 East State Street
Trenton, NJ 08625-0439
Attn.: Borough of Deal Section Chief

RE: Borough of Deal Proposed Project
Roosevelt Avenue Pump House Revetment Wall

Borough of Deal Section Chief:

Public access to beaches and waterways is a fundamental right of NJ residents protected by the Public Trust Doctrine. Yet, public access is limited in many places despite this strong legal doctrine. Some beaches are still inaccessible due to limited or nonexistent parking, lack of amenities, or other local laws and ordinances which fail to protect and promote public access. The State of NJ must take a strong leadership role in protecting the public’s rights and increasing access to public waters for all its citizens, in all communities.

As you know, the Borough of Deal has proposed an improvement project to increase the size of the revetment wall located at the end of Roosevelt Avenue, otherwise known as the “Pump House.” After reviewing the plans, I have noticed that there is no proposal or design for a public access stairway leading down to the beach. Originally, there was a “walkover” stairwell allowing access to the beach. If there is no public access planned for the Pump House, I believe this is a direct violation of the Public Trust Doctrine. (See Attached Plans).

As the public comment period is currently open, I strongly urge you to review the plans and provide adequate access. Undoubtedly, elimination of public access at the Roosevelt Pump House is a violation of the public trust doctrine.

New Jersey Courts have repeatedly upheld the public's access to use and enjoy beaches as one of the State's unique natural resources. In 1984, the Court considered whether, ancillary to the public's right to enjoy the tidal lands, the public has a right to gain access through and to use the dry sand area not owned by a municipality but by a quasi-public body.[1] (http://stripersandanglers.com/Forum/#_ftn1) The Court in Matthews observed that New Jersey's beaches constitute a “unique” and “irreplaceable” resource, subject to increased pressure from population growth throughout the region and improved transportation to the shore.[2] (http://stripersandanglers.com/Forum/#_ftn2) The Court held that public must be given both "access to and use of privately owned dry sand areas as reasonably necessary; while public's rights in private beaches are not coextensive with rights enjoyed in municipal beaches, private landowners may not in all instances prevent the public from exercising its rights under the public trust doctrine, and thus public must be afforded reasonable access to the foreshore as well as a suitable area for recreation on the dry sand."[3] (http://stripersandanglers.com/Forum/#_ftn3)

Due to the fact that the Roosevelt access point was destroyed by Sandy, the Borough of Deal must not be able to take away an access point in contravention of DEP policy. The DEP has consistently held that post-Sandy improvements must be made in order to improve, not limit, prior access points. Even the DEP website makes this clear:

“The Department recognizes that the damage caused by Superstorm Sandy severely impacted the condition of the public access that existed in New Jersey.”

“The Department of Environmental Protection has long seen protecting this right (public access) as a vital part of our mission. We require public access to the shore and tidal waterways under the Coastal Permit Program and the Coastal Zone Management rules.”

“The DEP believes we can provide more comprehensive public access not only by continuing to impose reasonable regulatory requirements, but also by employing additional measures, such as working with local governments, eliminating unnecessary burdens on residents, businesses, and governmental entities and by bringing other resources to the process.”[4] (http://stripersandanglers.com/Forum/#_ftn4)

Further, the goals established in N.J.A.C. 7:7-1.1(c) and N.J.A.C. 7:7-16.9 are the core of New Jersey’s approach to public access:


NJAC 7:7-1.1(c)(3): Meaningful public access to and use of tidal waterways and their shores:

i. Preserve public trust rights to tidal waterways and their shores;

ii. Preserve and enhance views of the coastal landscape to enrich aesthetic and cultural values and vital communities;

iii. Conserve and increase safe, environmentally sound, and meaningful public access from both the land and water to the tidal waterways and their shores for recreation and aesthetic experiences;

iv. Enhance public access by promoting adequate affordable public facilities and services;

NJAC 7:7-16.9: Public Access:

In addition to the broad coastal goals outlined at N.J.A.C. 7:7-1.1(c), public access shall be provided in a manner designed to achieve the following public access goals:

1. All levels of government in New Jersey shall seek to create and enhance opportunities for public access to tidal waterways and their shores, on a non-discriminatory basis;

2. All existing public access to, and along tidal waterways and their shores shall be maintained to the maximum extent practicable.

Limiting access at the Roosevelt Avenue Pump House in Deal will place an unreasonable burden on the public and violate the public trust doctrine. If there is no stairway, then the public will be required to traverse a man-made revetment wall that will be considered a physical barrier to access. The DEP must maintain their policies by seeking to advocate for and create access points. Pursuant to N.J.A.C. 7:7-1.1(c) and N.J.A.C. 7:7-16.9, the DEP must not allow Deal to remove a once viable pre-Sandy access point.

I kindly ask that the current proposal to make improvements to the Roosevelt Avenue revetment wall be denied until there is a provision included within the plans for adequate access pursuant to the Public Trust Doctrine and current New Jersey law. Thank you for your consideration.




Very truly yours,




ANDREW L. CHAMBARRY, ESQ.
[1] (http://stripersandanglers.com/Forum/#_ftnref1) Matthews v. Bay Head Imp. ***'n, 95 N.J. 306, 311 (1984).

[2] (http://stripersandanglers.com/Forum/#_ftnref2) Id. at 323.

[3] (http://stripersandanglers.com/Forum/#_ftnref3) Id. at 326.

[4] (http://stripersandanglers.com/Forum/#_ftnref4) New Jersey State Department of Environmental Protection: Public Access, (http://www.nj.gov/dep/cmp/access/index.htm)




https://www.facebook.com/groups/CitizensAgainst1124/

[baitstealer]

Very sneaky. That is not cool! Thank you for posting the letter. I will use it and send to Kara Turner.

[hookedonbass]

Sent e-mail. Glad to help thanks for posting.

[surferman]

I belong to surfrider. They posted these comments in the Asbury Park Press. We can't let these rich people win. Read this article and see what their attitude is about the common folk.

December 11, 2015

http://www.app.com/story/opinion/columnists/2015/12/11/weber-flush-cash-beach-towns-lower-fees/77139570/

Beach Fee Opinion-Editorial in Asbury Park Press (https://jerseyshore.surfrider.org/2015/12/11/beach-fee-opinion-editorial-in-asbury-park-press/)

Published online today, December 10, 2015 and it will be in Sunday?s paper. Thank you to the Asbury Park Press for their for publishing this and for their attention to this matter over the years.
http://www.app.com/story/opinion/columnists/2015/12/11/weber-flush-cash-beach-towns-lower-fees/77139570/
Text below as well.

The Holidays are upon us, so let?s talk about beach fees! Or beach badges if you prefer. As reported in this paper and other news outlets, beach towns up and down the Jersey Shore had record-breaking beach badge sales this year. It can be attributed to 2015?s dry weekend weather, low gas prices, and a late Labor Day giving us an extra week of summer.

Fantastic. We love beaches; and apparently residents and tourists love them too. We are happy that many towns were able to put large amounts of money into rainy day funds as a result of these better than expected 2015 badge sales. To all of those towns here is our challenge ? lower the price of your badges for 2016, or improve access to your beaches.

Towns are not supposed to ?profit? from beach badge sales. They are only supposed to take in as much as it costs them to operate their beaches. So when the revenue is higher than expected, towns that are already very accessible and well lifeguarded (most towns) have two choices. They can find some new way to spend more money; some fancy new gadget or shiny new building, or they can lower the price of their badges next season. We understand the need for rainy day funds. But since those funds in many towns have been nicely filled, this is the time to see if towns can deliver the same amount of services for a lower-priced badge.

Some of the towns with record breaking years actually raised the price of their daily badges for 2015, some as high as $9. Nine dollars to walk on a beach with a lifeguard! Don?t think for a second that lowering this even one dollar will not make a big difference to a family who enjoys the beach. There are life and death safety implications here.

Every year people drown at the Jersey Shore, but never on a lifeguarded beach. It always happens after lifeguard hours; after beach fee hours. We can?t have lifeguards on every beach at every second of the day, but maybe we can get more people to use the beaches during lifeguard hours by lowering fees.

There are beach access implications too. The state has recently adopted rules that allow towns to determine the amount and type of access that suits them, as opposed to clear statewide standards. We disagree with this approach, partly because the reduced state scrutiny applies to beach fees as well. We see towns increasing fees to what they think the market will bear, instead of reducing them to the lowest level possible where they can still provide all the necessary services and safety needed to run a beach. The state does no enforcement and simply hides behind their vague language saying beach fees need to be ?reasonable?.

Most towns in the area have more than adequate access and plenty of services. If such a town also had extraordinary revenue, we think they should lower their fees. But a few towns could stand to spend that extra money on improving access itself.

In the town of Deal, for example, their 2015 badge sales were up 61% over 2014 according to a November article in the Asbury Park Press. This is in a town where swimming is illegal on any beach outside of the Deal Casino and Conover Pavilion. What was Deal?s response at the end of the 2015 season? Did they announce plans for access path improvements so beach access is safer? Did they declare there would be more trash and recycling cans at beach entrances and on the beach to accommodate the increased use? Did they break with history and say they would put a lifeguard or two on maybe one extra beach? No, their response to the record-breaking revenue of 2015 was to introduce an ordinance that would have created permit parking only on several streets near the beach; a slap in the face to public access. Thankfully, access advocates and concerned citizens beat that proposal back, and they continue to monitor Deal.

This is a time where all beach towns, newly flush with cash, can show their true colors with respect to public access. Lower your beach fees if you are fully accessible or improve your access if it lacks in any way. What it the absolute worst that could happen? Maybe more people will come to your beach.
John Weber is the Mid Atlantic Regional Manager for the Surfrider Foundation

[basshunter]

This is a time where all beach towns, newly flush with cash, can show their true colors with respect to public access. Lower your beach fees if you are fully accessible or improve your access if it lacks in any way. What it the absolute worst that could happen? Maybe more people will come to your beach.
John Weber is the Mid Atlantic Regional Manager for the Surfrider Foundation

I may not know as much about this as surfrider but it seems to me the true colors of deal IS showing. It seems obvious from this they want to restrict the access of fishermen and families who want to go there for a nice day on the beach. And after getting hundreds of millions of $$ for the replenishment this is the thanks they give out? You are right on calling them elitists. E-mail sent, thanks.

[jsarosi]

Rat bastids, E-mail on the way.
I recently visited Roosevelt, and noticed they started a foundation at the bottom for a stairs to be rebuilt, on the ocean side.

[lostatsea]

God those people are so arrogant. Welfare for the rich, and they still want more?:2flip:
Sent my Email. Come on people we can't let them pull this off.

[bababooey]

I don't think it makes sense to slam rich people persay. After all without us rich folks who would pay for all the slobs on welfare? Still I think this is wrong. You guys really should try to fight this. My money is on that lawyer. money and odds to win. Will be sending one, good luck.

[njdiver]

Your efforts have been recognized:

Hi Andrew,

We are in the process of construction to reopen the access point. The foundations were poured last week and the steps are being fabricated. We hope to have the access restored by spring if not sooner (weather dependent).

Thanks

Pete Peter Winkler
NJ Division of Fish & Wildlife
Bureau of Land Management
Assunpink Wildlife Management Area
1 Eldridge Road
Upper Freehold Twp.
Robbinsville, NJ 08691

[cowherder]

:clapping::clapping::clapping::clapping::clapping: Awesome the town tried to do an end run and got busted again! I read this and already had my e-mail typed. Will send it anyway to make sure it gets counted.

[surferman]

Fantastic job everyone. Thanks for the updates. If you guys need more e-mails I'm in.

[buckethead]

Nice work folks.

[jigfreak]

Good job.

[VSdreams]

+1

[cowherder]

I bet a lot of that was because a lawyer was behind it. They do these things off the cuff because they feel no one will notice. Even when they know it won't hold up in court. Very sleazy. From what I am hearing Deal has a history of doing this.

[hookset]

Found these pics online. Seems they did pour the footings. We will get the steps back. Good job to all who kept at them especially to the attorney.

[buckethead]

That's the way it is with these folks. You have to keep the pressure on, nice job posting the pics.

[njdiver]

Here are the stairs post Irene:

http://www.stripersonline.com/surftalk/uploads/monthly_12_2015/post-15861-0-86776700-1451501538.jpg (http://www.stripersonline.com/surftalk/uploads/monthly_12_2015/post-15861-0-86776700-1451501538.jpg)

[jigfreak]

^I remember those old stairs they sucked. Irene did some damage and after Sandy forget it. From the look at those footings they poured the new stairs could be bigger than the old ones. Maybe even a platform against the east wall there for fishermen to stand around and shoot the breeze.

[fishinmission78]

You can't trust politicians and the campaign promises. They will say anything to get elected.

[fishinmission78]

Here are the stairs post Irene:

http://www.stripersonline.com/surftalk/uploads/monthly_12_2015/post-15861-0-86776700-1451501538.jpg (http://www.stripersonline.com/surftalk/uploads/monthly_12_2015/post-15861-0-86776700-1451501538.jpg)

Nice pics gents. If they were that bad after irene they must of totally got crushed by sandy.