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Is it legal for OGNED to grant an easement for Lake Avenue (aka “Waterfront Promenade” according to Neptune Ordinance 19-34 ?) »

Ordinance No 19-34—an easement was just passed by the Township regarding the North End Redevelopment. What is that easement about, and what will the public access be?

October 20, 2019 by Blogfinger

Who can we trust to do what’s best for Ocean Grove?   Paul Goldfinger photograph. 2018 ©.

By Paul Goldfinger, MD, Editor @Blogfinger.

On October 10, 2019. The Neptune Township Committee passed ordinance 19-34. Below is the “explanatory statement:”

“This ordinance authorizes the execution of a Public Access Easement Agreement with OG North End Development, LLC to set forth the terms and conditions for public access to open space, such as the waterfront promenade, pedestrian plaza and view corridors within the North End Redevelopment Project.” 

It also includes Wesley Lake which is mentioned elsewhere.

So, OGNED is granting Neptune Township an easement, but because the project is a public Redevelopment plan, Neptune has to pass that easement granted to itself.

You can read the entire ordinance, including the Public Access Easement Agreement by going to the Neptune web site and click on minutes and agendas.  (Neptunetownship.org)

The easement is ostensibly designed to allow the developer OGNED  (who is leasing the land from the CMA)  to make sure there are places where the public can go  (see Attachment A in the document.)  But what is not stressed is that there are some exceptions.  You may recall that one of the two buildings which will be built will be against the boardwalk and consists of a “boutique hotel”and “condominiums and “retail.”

They plan an area called the “Pedestrian Plaza” which is spelled out in their “Open Space Plan.”  The Plaza is “an area in front of the grand entryway to the Hotel, running south from the Hotel entryway to Spray Avenue for the purposes of providing the public with certain open air gathering space.”

Regarding the “Waterfront  Promenade”, ie Lake Avenue (called Beach Avenue by some) and Wesley Lake, it will be “dedicated public open space to which the public shall have continuous, uninterrupted access twenty four hours per, every day.”   But the other “Public Access Areas” may be closed during (up to ) dusk to dawn daily.

And  the “Pedestrian Plaza” access may not be treated like the other “public” areas;  its access may be limited, and the Hotel can “impose reasonable restrictions upon public access.”   Also, the Hotel may elect to “close the Pedestrian Plaza to the public on occasion for certain periods of time for purposes of hosting private events, such as, by way of example, weddings”

And there is more:  Although they say that the public will be granted “regular  and meaningful” access to the “Pedestrian Plaza” during the off-season (Fall, Winter an Spring,) it seems that they can (or will)  close it to the public during the prime season.

The wording here is confused, but it seems to say, in so many words, that summer is off limits to the public at the Pedestrian Plaza.

Note there are no illustrations that we have seen which show these “public” areas.

 

BILL FRISELL   From his album When You Wish Upon a Star.

 

https://blogfinger.net/wp-content/uploads/2019/10/16-happy-trails.m4a

 

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Posted in Blogfinger Presents | Tagged North End Revelopment Plan public access | 1 Comment

One Response

  1. on October 20, 2019 at 8:23 pm Kevin chambers

    What is very disturbing is that all of this is being done without a legal subdivision of OGCMA property or a legal survey. Without either one, nothing the township has done is legal and they know it.
    When the township held their public hearings to establish an area in need of redevelopment, they provided false testimony as to the needed 5 acres. It is clear that this agreement is different in acerage from the public hearings that were also established without legal surveys or a legal subdivision.
    What is going on here can only be seen as corruption in the heighest degree.
    Kevin Chambers



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