DEP puts brakes on rush for land swap

Agency reminds Sea Bright
of its obligation to
provide beach access

By sherry conohan
Staff Writer

Agency reminds Sea Bright
of its obligation to
provide beach access
By sherry conohan
Staff Writer

The proposed land swap between Sea Bright and the Chapel Beach Club has been put on hold by a directive of the state Department of Environmental Protection (DEP).

John Garofalo, acting manager of the DEP’s Bureau of Coastal Engineering, sent Mayor Gregory W. Harquail a letter advising him that the land swap cannot be undertaken without discussion with and approval by both the DEP and the U.S. Army Corps of Engineers, New York District.

In the land swap under consideration, the borough would give John and Nancy Mulheren, owners of the Chapel Beach Club, an additional 155 feet of ocean frontage from the adjacent borough-owned Peninsula House parking lot and the Mulherens would give the borough the old Marine Lumber Co. property, which is adjacent to the borough hall, plus $300,000.

The borough is considering building a new municipal complex on the Marine Lumber lot.

But Garofalo reminded Harquail that the borough had originally purchased the oceanfront property in order to fulfill its public access requirement for the beach replenishment project. He pointed out in his letter of July 26 that the borough had signed an agreement with the state of New Jersey for the 50-year life of the joint federal-state-municipal beach replenishment project. The borough had agreed to provide and maintain all public access and public parking for the renourished beach.

"In order to assure that the borough does not jeopardize their position for future renourishment cycles of this 50-year life project with this land-swapping deal, I have referred this matter to our Deputy Attorney General José Fernandez for his review and comments," Garofalo wrote. "I would recommend that the borough hold any further actions regarding this matter until then."

Garofalo’s letter did not say the swap wouldn’t be allowed, but it clearly showed the DEP has an abiding interest in what the players in the proposed deal plan to do.

Harquail was out of the country on business and could not be reached for comment. John Mulheren, who has a policy of not speaking to the press, declined to comment. Councilman William J. Keeler, who oversees borough finances, also could not be reached for comment.

Harquail has said the borough would use the lumber company site for a new municipal complex consisting of borough offices, the police department, the first aid squad and the borough garage. He said that the present municipal building would continue to be used as a community center and that the court offices, now housed in a trailer at the rear, would move to space inside in front that is now occupied by the borough offices.

As for the other side of the swap, Harquail said he wasn’t sure what Mulheren wanted to do with the additional property from the Peninsula House parking lot but speculated he might want to add another pool for the Chapel Beach Club or put up additional cabanas. He stressed that Mulheren wants the Peninsula House land for beach club use, not for construction or condominiums.

The owner of the Tradewinds Beach Club to the south is seeking approval to build 20 single-family homes on that property, which has sent Tradewinds members scurrying off in a search for a new beach club. In particular demand, and nowhere to be found at other clubs, are cabanas.

The mayor has said he hoped the land swap could take place sometime this year.