News
Agreement Expands Beach Access in Sea Bright
By Ryan Fennell
SEA BRIGHT - A settlement of a four-year legal dispute between the state of New Jersey, the Borough of Sea Bright and six beach clubs will result in greater beach access for the public on sands fronting on beach club property.
Because the width of the beach varies throughout the borough, the amount of beach available to the public in the vicinity of the six beach clubs will increase from 15 feet to between 30 and 150 feet depending on the geographical location.
The legal battle began in 2006 when a complaint was filed by the Attorney General's office charging that several agreements entered into by the Borough of Sea Bright and the various beach clubs in 1993 were in violation of the Public Trust Doctrine.
The charges stemmed from what was perceived as limited public access and use of beaches in Sea Bright that were replenished by the Army Corps of Engineers in 1995 and 2003. The cost of replenishment amounted to over $40 million at taxpayers' expense.
Sea Bright and the beach clubs had entered into several agreements that were required in order to allow the replenishment project to move forward. The 1993 agreement allowed for only a 15-foot wide strip of dry sand along the water's edge in front of the beach clubs for public access.
The State's argument was that the agreement restricted public access and violated the Public Trust Doctrine because the public's access and use of the beaches was restricted to "essentially a 15-foot transit corridor" according to a press release issued by the Eastern Environmental Law Center, the American Littoral Society (ALS), and Citizens Right to Access Beaches (C.R.A.B.).
ALS and C.R.A.B., represented by the Eastern Environmental Law Center, participated as "friends of the court" in the litigation throughout its duration.
"As a result of this settlement, the public is re-gaining the right to use a significant amount of replenished beach in Sea Bright," said Julia LeMense, executive director of the Eastern Environmental Law Center. "This settlement, by virtue of the clubs' contributions to a newly created Sea Bright Public Access Fund, will also provide a process and the tools to develop projects to make access to the shore more meaningful for all."
The newly created Sea Bright Public Access Fund is made up of monies the beach clubs have contributed to a fund that is set aside for additional improvements in the future.
According to the agreement the New Jersey DEP will ultimately make the final decisions about how to spend the money.
"There is a process the agreement set up for the representatives of the beach clubs, the borough, the two (friends of the court) parties, and the State to really sit down and think about how do we make meaningful public access to the coast," LeMense said. "It's out of this process that we're hoping there might be some creative solutions and some new transit options. We weren't really able to come to any hard and fast agreement about those things so people want to continue that discussion."
Sea Bright Councilwoman and Chairperson of Sea Bright's Beach Committee Dina Long stated at Tuesday's Borough Council meeting that she was pleased with the outcome of the lawsuit.
"Personally, I'm pleased with the outcome of the lawsuit because the settlement will force us to make some much needed improvements to our public beach," Long said.
However, Long disagreed with the assertion that the settlement significantly increases access to Sea Bright beaches.
"In terms of actually increasing public access, my opinion is that this settlement does not make Sea Bright beaches any more open to the public than they already are," said Long.
"Sea Bright has seven free beaches. Every half-mile there are stairs marked with blue public access signs throughout the entire length of town. Access to beaches at these points is free and always has been. I'd like you to name me one other beach town in Monmouth County where you can get on the beach for free."
"I hope the State is pleased with itself for wasting so much taxpayer money litigating this," Long added.
"The problem is parking," Long acknowledged. "Unfortunately only one of those beaches has a parking lot. In keeping with the settlement we intend to continue with improvements to our parking lots and access points."
According to LeMense, the Sea Bright Public Access Fund is also designed to help mitigate the limited parking available in the borough and both sides conceded that parking is a major contributor to the hindrance of public access to the beaches.
The beach clubs that reached agreement with the state are Surf Rider Beach Club, Chapel Beach Club, Sands Beach Club, Water's Edge Beach Club, Driftwood Beach Club, and Ship Ahoy Beach Club.
Sea Bright Beach Club elected to proceed to trial with the State.
The Borough of Sea Bright also entered into a separate agreement to spend resources to improve amenities and generally improve public access to Sea Bright beaches.
Long is particularly interested in moving forward with plans to build a new beach headquarters building.
"Now that the access suit is settled, I'm particularly anxious to knock down the existing dilapidated beach building and get going on a new beach headquarters," Long said.
