|
SETTLEMENT PROPOSED
IN TIDELANDS CASE
The state Department of Environmental Protection
(DEP) announced today that a proposed settlement of two
lawsuits filed against the State of New Jersey will be presented
at the next regularly scheduled meeting of the Tidelands
Resource Council.
The two lawsuits were filed against the
state by the estate of Arnold Desiderio. One lawsuit involves
the inability of a developer to build over 100 homes in
the last section of the High Bar Harbor development in Long
Beach Township because that area is almost entirely regulated
wetlands. The second lawsuit involves the validity of a
tidelands grant issued in 1962, when the state sold a parcel
of land to Mr. Desiderio.
The settlement proposal involves no development
in coastal wetlands. The wetlands area along Arnold Boulevard
known locally as the Meadows would remain undeveloped under
the settlement, as would any coastal wetlands adjacent to
20th Street, in the area known locally as "the Cove"
adjacent to Auburn Avenue. Under this settlement, the estate
would deed restrict its title to the wetland areas within
the 20 th Street parcel, as well as riparian (underwater)
acreage offshore of the Meadows. The estate would also withdraw
its "takings" lawsuit against the state and abandon
its plan to build 101 homes on the Meadows, thus preserving
the view out into the bay which the Meadows affords the
High Bar Harbor community.
Additionally, as part of the settlement,
the state will receive from the estate title to a large
area located out along a peninsula known locally as "the
dike." This area is suitable for use as a dredge spoil
disposal site and would be large enough to accommodate dredge
spoil from many High Bar Harbor waterways. In return, the
council would convey title to approximately four acres of
state-owned "uplands" along 20th Street in Long
Beach Township. The estate has a lawsuit pending against
the state to clear title to a portion of these uplands based
upon a transaction, which occurred in the 1960s. This lawsuit
also will b e withdrawn if the council approves the proposal.
The Tidelands Resource Council staff and
the Attorney General's office is recommending this settlement
because it has significant environmental benefits- it preserves
121.65 acres of wetlands and open tidal water by obtaining
ownership; preserves an additional 2.95 acres of wetlands
by obtaining a deed restriction; saves 48.33 acres of these
wetlands from development of over 100 homes; and obtains
a dredge material disposal site which is needed in this
area. No wetlands would be filled or impacted if the settlement
is implemented. Any development would occur on the upland.
The details will be presented at the September
6 meeting of the Tidelands Resource Council, which will
be held at the NJ Eco Complex, 1200 Florence - Columbus
Road (Route 543), Bordentown. The meeting is open to the
public and begins at 10 a.m.
|
