By Kenny Walter
Staff Writer
LONG BRANCH- After public outcry from beach access advocates, the city has opted to hold off on a decision to remove an easement at 907 Ocean Avenue.
The council and administration held an ordinance during the March 22 meeting to continue to research the move to eliminate the easement, which was originally granted in 1938, after it was discovered that the area is currently used by fishermen and surfers to get to the ocean.
“The easement in question does not provide any public access,” Schneider said. “It only provides the city a right to go down and maintain and fix a groin, that we never do.”
A groin is a structure of concrete or wood that helps prevent beaches from being washed away from longshore drifts.
“Apparently the land in question has been used by fishermen and maybe some surfers, to get down to the ocean,” Schneider said. “We want to investigate that a little bit more so we are going to hold it.”
The land is currently owned by developer 907 Ocean Avenue, LLC and city attorney Lawrence Shapiro said the developer indicated they wanted the city to vacate the easement in order to clear title on the property.
“There is an easement, which means the right to pass over that property to gain access for the purpose of constructing a jetty,” Shapiro said. “The purpose isn’t for public access, so that’s not what you’re giving up.
“Anytime you buy property or sell property, you want to get a clean title and make sure no one has a claim or an interest on your property.”
Schneider said the easement point is not part of the city’s public access plan.
“From our perspective, that is not a public access point, so if somebody has been using it because the land has never been developed, that’s one thing,” he said. “We are not giving anything up and we may not do it at the end of the day.”
Schneider said there is six-to-eight dedicated public access points in Elberon, and while the city does not enforce it, those using 907 Ocean Avenue as a beach access point are technically trespassing.
Business Administrator Howard Woolley Jr. said there are currently nearby public access easements north of the location at Plaza Court and south of the location at Adams Street.
However, Tim Dillingham, executive director of the American Littoral Society, said increased access in Elberon is needed.
“We are very concerned about the broad trend that seems to be picking up a bit of municipalities banning rights of way to the beach that might be used to provide public access,” Dillingham said. “The access is not great at Plaza and Adams, with parking restricted on the streets.”
Resident Vincent LePore said the easement should be in place for public access.
“For 78 years, this has been a public access for both residents and non-residents,” he said. “After 40 years of use, it becomes a common law access point and has since been uncontested.”
