City's 2018 Access Plan Approved iStar's PRIVATE POOL?
Excerpt
from pg. 38 of the
Amended and Restated Redeveloper and Land Disposition Agreement
Contained
in the Municipal Public Access Plan. The excerpt reads:
The
Amended and Restated Redeveloper and Land Disposition Agreement is a
master redeveloper agreement between the City of Asbury Park (acting
as the redevelopment agency) and Asbury Partners, LLC that was
executed in 2002 in order to implement the Asbury Park Waterfront
Redevelopment Plan. The purpose of the redeveloper agreement is to
set forth the respective rights, obligations, conditions, and
agreements of the City and the Master Redeveloper in connection with
the development and redevelopment of the properties in the Asbury
Park Waterfront Redevelopment Area. [Emphasis AsburyRadio]
The
redeveloper agreement outlines the following specific provisions as
relevant to public beach access and parking for the redevelopment
area:
1.
Article 3, Schedule of Development: 3.13 Beach Clubs:
“Master
Developer shall be responsible for the construction of two, one or
two-story Beach Club facilities, one of which shall be available to
the general public. [Emphasis AR.]The
first will be located on the eastern terminus of Ocean Avenue and the
beach between 6th and 7th Avenues and Master Developer may
charge a membership fee. The second, the public Beach Club
will be located on the eastern terminus of Ocean Avenue and the beach
between 1st and 2nd Avenue and available to the general public.
Neither of the facilities shall be built to impede pedestrian access
to the boardwalk. The obligation to construct the facility for the
general public is explicitly conditioned on Master Developer
obtaining all approvals to construct the two Beach Clubs”
For
the full Municipal Access Report from the DEP site Use URL
https://tinyurl.com/vapdwq5
How
should this Developer Agreement and the Coastal Area Facilities
Review Act (CAFRA) 2004 Permit, which Asbury Radio posted about
earlier this week, on our FB page at https://tinyurl.com/uxf843z
and here https://AsburyRadio.blogspot.com, to be viewed?
The
CAFRA Permit bars anything but a public facility on the Asbury Park
beach.
Yet
the Developer Agreement seems to grant exactly what iStar is asking
for in 2020 - a non-public beach, albeit without using the word
private.
And
why are the dates missing from this 2018 document, the Access Plan? [see brackets]
It
reads:
"This
plan has been developed in collaboration with the DEP, Asbury Park
City Council, City Manager, and Planning Staff; and was presented to
the Planning Board [on date] and
approved for submission to the DEP [on
date]. Upon receiving approval from the DEP [on
date], the MPAP was incorporated into [specify
element] Element of the Master Plan by resolution on
[date], (see Appendix 1). All
public access decisions made within Asbury Park after [this
date] will be consistent with this plan." End of
excerpt -
Why
does this document reference 2002 (see above), as if these details
were included upon the signing of the City's first developer
agreement with Asbury Partners. And if that's true, why wouldn't
the Department of Environmental Protection (DEP) have finalized it by
filling in those dates? This, together with the strange page
numbering and missing pages in the CAFRA permit document, listed on
the http://www.AsburyRadio.com homepage, should give the AP Planning
Board cause to pause for even more reflection. Your comments are invited and very important.
But NOTE all might be turned around again, according to N.J. Governor Phil
Murphy's press release this morning 2/7/20, laying out the State's
plans to bring our DEP into the Climate Conscious 2020s.
DEP
Begins Reform of Environmental Regulations in Response to Climate
Change
FOR IMMEDIATE RELEASE
February 6, 2020
Contact: Lawrence Hajna (609) 984-1795
Caryn Shinske (609) 292-2994
NEW JERSEY DEP BEGINS REFORM OF ENVIRONMENTAL REGULATIONS IN RESPONSE TO CLIMATE CHANGE
Protecting Against Climate Threats: DEP Seeks Stakeholder Input on Greenhouse Gas and Environmental Land Use Rule Changes
(19/P02) TRENTON - One week after Governor Phil Murphy and Commissioner Catherine R. McCabe announced a comprehensive effort to modernize New Jersey's environmental regulations to protect our communities and economy against the threats of climate change, the Department of Environmental Protection is moving forward with a collaborative rulemaking process, holding several stakeholder events throughout February and March, to make the New Jersey Protecting Against Climate Threats (NJ PACT) reforms a reality. [ Read full release with details for public comment at https://www.nj.gov/dep/newsrel/2020/20_0002.htm ]
February 6, 2020
Contact: Lawrence Hajna (609) 984-1795
Caryn Shinske (609) 292-2994
NEW JERSEY DEP BEGINS REFORM OF ENVIRONMENTAL REGULATIONS IN RESPONSE TO CLIMATE CHANGE
Protecting Against Climate Threats: DEP Seeks Stakeholder Input on Greenhouse Gas and Environmental Land Use Rule Changes
(19/P02) TRENTON - One week after Governor Phil Murphy and Commissioner Catherine R. McCabe announced a comprehensive effort to modernize New Jersey's environmental regulations to protect our communities and economy against the threats of climate change, the Department of Environmental Protection is moving forward with a collaborative rulemaking process, holding several stakeholder events throughout February and March, to make the New Jersey Protecting Against Climate Threats (NJ PACT) reforms a reality. [ Read full release with details for public comment at https://www.nj.gov/dep/newsrel/2020/20_0002.htm ]
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