Preserve Bay Head (re. Atlantic Pier development)
Donation protected
The community of Bay Head has accomplished so much to "Preserve Bay Head"!
Following our success to date, (see below), we must raise significant funds to retire our legal bills from this campaign to date. Once satisfying those obligations, we will ideally to able to engage any future professionals. For now, Lou Goetting, Lisa Baney, and other volunteers will do the work of DEP analysis, communications, and advocacy. At this time, we also need to raise approximately $100,000, for in excess of 500 hours of legal service to pay our past bills.
Our “David and Goliath” battles required many resources!
We thank you for the kind contributions, already to date. You, our past donors, have been extraordinarily generous. If you are able, we ask you to consider how you can help at this time. The nature of the multiple past Planning Board processes re this site, continued plan revisions and hearing delays by Atlantic Pier, and the complexity of related land-use and DEP issues, significantly added to our costs in recent months We look forward to finishing our important work.
Please see the Q&A below if you are new to the subject. Or scroll down to recent and current work before us!
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"PRESERVE BAY HEAD" -- Q&A
What Is Bay Head Shoppers Village -- and The Residents' Concern?
In October 2020, our Planning Board began review of a new Application for “Bay Head Shoppers Village -- an enormous mixed-use retail-residential complex of several shops, a restaurant, and 6 apartments, and of excessive size and scale, in the small town of Bay Head, NJ. This proposal by Atlantic Pier Company followed two earlier approved site plans, (Plan 1 of 2015/16, and Plan 2 of 2017/2018), which had been previously approved by our Planning Board despite the concerns of many residents. Each successive proposal constituted greater levels of over-development, traffic and congestion in town, at this sensitive location on the shores of Twilight Lake and Scow Ditch.
How Have We And Residents Succeeded So Far, to “Preserve Bay Head”?
Residents organized to find and hire legal counsel and an expert Planner willing to represent us before the Board, to oppose this application. These professionals analyzed each of the previous Plans and the new proposal, in depth, including past Board deliberations and resolutions, related ordinances and exhaustive material. We communicated regularly with Counsel on extensive details and overall strategy and development of our case. We wrote regular community letters, to support attendance at hearings, and testimony by residents and our experts, to make the residents' case before Bay Head’s decision-makers. Countless residents made generous contributions -- from both Bay Head and neighboring towns. An average of 100 residents attended each virtual Planning Board hearing over seven long months., carefully listening to both Atlantic Pier’s and residents’ attorneys and witnesses, Planning Board members' comments and questions, and progressive revisions to the Plan over time. Our email list of interested residents grew. Media were consulted, who covered the story, and residents wrote letters to newspapers. Throughout town, Bay Head residents conversed on the issues from winter through summer, while a smaller cadre of residents met regularly via phone or zoom to share ideas and plan. One resident gathered nearly 1000 signatures on a related petition about the property. Exceptional resident public comment and outstanding presentations by our professionals were pivotal to the outcome.
Our BIGGEST Victory: Many residents presumed that the Planning Board would approve the application. But on July 26th, after six months of hearings, the Planning Board unanimously rejected the 2020/21 Plan. In a victorious outcome, the Plan was denied 7-0. Just as importantly, residents clearly communicated to many in Bay Head government, and to the Board, that they oppose continued overdevelopment in Bay Head.
The Current Challenge -- and Opportunity: Atlantic Pier repeatedly asserted this year, that if Plan 3 were denied, they would proceed to build their old 2017/2018 Site Plans for Bay Head Shoppers Village, (known as Plan 2) which are almost as objectionable as Plan 3, with its retail building coming closer to the street. These previous Plan 2 Site Plan approvals do remain in force for the site -- however, the DEP never provided required CAFRA approvals required to built it.
Most of our recent work has been analysis, strategy, and advocacy before the DEP, to seek full enforcement of DEP policy on the property, in order to dissuade the completion of Plan 2 on this site. A key aspect of this effort relates to Atlantic Pier’s recent application to the DEP for a (retroactive) “General Permit” for Duplex, which it built on the site in 2018, on the shores of Twilight Lake, as part of its Plan 2 site plan, without requisite DEP approval. Their application for this improper “retroactive” DEP permit affords us an opening to advocate for proper DEP policy enforcement on the site overall, which may help shape what is permitted to happen next on this lot.
WHAT HAVE WE DONE RECENTLY - AND WHAT'S HAPPENING NOW?
- On 9/22, our Planning Board approved a lengthy Memorializing Resolution formalizing the July vote: Our attorneys were in communication with our Planning Board attorney and Borough staff to check its completion; reviewed it for accuracy; monitored the hearing and vote; and ensured proper public noticing to support the residents’ interests.
- Since mid-summer, we were successful in demonstrating to the DEP that the Duplex built in 2018 on the property lacked requisite its permitting (a complex matter relating to past approvals), thus eliciting the retroactive permit application from Atlantic Pier for that duplex.
- Our environmental and land use attorneys conducted an in-depth analysis of Atlantic Pier’s application for their ‘retroactive” General Permit, (DEP), for the duplex.
- On our behalf, our attorneys wrote and submitted our formal objection to the DEP, together with follow up. Our objection details the many improprieties of the application, and urges the DEP to 1) hold a public hearing before considering this “retroactive permit,” 2) consider the Duplex as part of the entirety of the 2017/2018 Site Plans including the yet-unbuilt retail portion, which would require the higher scrutiny of an Individual Permit, and 3) ensure appropriate oversight on what the developers may indeed now build on the overall site.
- Following separate communications and multiple complaints to the DEP, the State has issued two violation notices to Atlantic Pier for failing to comply with obligations for public access to the waterfronts.
- We recently led a successful, ongoing resident letter-writing campaign -- Our sincere THANKS to the scores of residents who forwarded letters to the DEP on this matter. We are hopeful the DEP will grant a hearing where we can all share our concerns re the site overall.
- Lou Goetting and Lisa Baney now continue to follow up with DEP representatives on the objectives and goal above. We also are following up regarding DEP policy violations on the site, and following up with the Borough of Bay Head on continued code violations and other issues on the property.
In summary, we’re aiming to see that Atlantic Pier be held accountable and may re-think its plans for rest of this site, in compliance with DEP policy and appropriate for its waterfront location.
For now, we need to settle our extensive debts, and will conduct all current work via volunteers, as we seek to meet our past expenditures on this effort. Our legal and professional work was costly, but we have learned much, and will carry out our work directly in the months ahead.
THANK YOU FOR YOUR CONTRIBUTIONS TO DATE; PLEASE CONTACT US WITH ANY THOUGHTS OR QUESTIONS!
Following our success to date, (see below), we must raise significant funds to retire our legal bills from this campaign to date. Once satisfying those obligations, we will ideally to able to engage any future professionals. For now, Lou Goetting, Lisa Baney, and other volunteers will do the work of DEP analysis, communications, and advocacy. At this time, we also need to raise approximately $100,000, for in excess of 500 hours of legal service to pay our past bills.
Our “David and Goliath” battles required many resources!
We thank you for the kind contributions, already to date. You, our past donors, have been extraordinarily generous. If you are able, we ask you to consider how you can help at this time. The nature of the multiple past Planning Board processes re this site, continued plan revisions and hearing delays by Atlantic Pier, and the complexity of related land-use and DEP issues, significantly added to our costs in recent months We look forward to finishing our important work.
Please see the Q&A below if you are new to the subject. Or scroll down to recent and current work before us!
---
"PRESERVE BAY HEAD" -- Q&A
What Is Bay Head Shoppers Village -- and The Residents' Concern?
In October 2020, our Planning Board began review of a new Application for “Bay Head Shoppers Village -- an enormous mixed-use retail-residential complex of several shops, a restaurant, and 6 apartments, and of excessive size and scale, in the small town of Bay Head, NJ. This proposal by Atlantic Pier Company followed two earlier approved site plans, (Plan 1 of 2015/16, and Plan 2 of 2017/2018), which had been previously approved by our Planning Board despite the concerns of many residents. Each successive proposal constituted greater levels of over-development, traffic and congestion in town, at this sensitive location on the shores of Twilight Lake and Scow Ditch.
How Have We And Residents Succeeded So Far, to “Preserve Bay Head”?
Residents organized to find and hire legal counsel and an expert Planner willing to represent us before the Board, to oppose this application. These professionals analyzed each of the previous Plans and the new proposal, in depth, including past Board deliberations and resolutions, related ordinances and exhaustive material. We communicated regularly with Counsel on extensive details and overall strategy and development of our case. We wrote regular community letters, to support attendance at hearings, and testimony by residents and our experts, to make the residents' case before Bay Head’s decision-makers. Countless residents made generous contributions -- from both Bay Head and neighboring towns. An average of 100 residents attended each virtual Planning Board hearing over seven long months., carefully listening to both Atlantic Pier’s and residents’ attorneys and witnesses, Planning Board members' comments and questions, and progressive revisions to the Plan over time. Our email list of interested residents grew. Media were consulted, who covered the story, and residents wrote letters to newspapers. Throughout town, Bay Head residents conversed on the issues from winter through summer, while a smaller cadre of residents met regularly via phone or zoom to share ideas and plan. One resident gathered nearly 1000 signatures on a related petition about the property. Exceptional resident public comment and outstanding presentations by our professionals were pivotal to the outcome.
Our BIGGEST Victory: Many residents presumed that the Planning Board would approve the application. But on July 26th, after six months of hearings, the Planning Board unanimously rejected the 2020/21 Plan. In a victorious outcome, the Plan was denied 7-0. Just as importantly, residents clearly communicated to many in Bay Head government, and to the Board, that they oppose continued overdevelopment in Bay Head.
The Current Challenge -- and Opportunity: Atlantic Pier repeatedly asserted this year, that if Plan 3 were denied, they would proceed to build their old 2017/2018 Site Plans for Bay Head Shoppers Village, (known as Plan 2) which are almost as objectionable as Plan 3, with its retail building coming closer to the street. These previous Plan 2 Site Plan approvals do remain in force for the site -- however, the DEP never provided required CAFRA approvals required to built it.
Most of our recent work has been analysis, strategy, and advocacy before the DEP, to seek full enforcement of DEP policy on the property, in order to dissuade the completion of Plan 2 on this site. A key aspect of this effort relates to Atlantic Pier’s recent application to the DEP for a (retroactive) “General Permit” for Duplex, which it built on the site in 2018, on the shores of Twilight Lake, as part of its Plan 2 site plan, without requisite DEP approval. Their application for this improper “retroactive” DEP permit affords us an opening to advocate for proper DEP policy enforcement on the site overall, which may help shape what is permitted to happen next on this lot.
WHAT HAVE WE DONE RECENTLY - AND WHAT'S HAPPENING NOW?
- On 9/22, our Planning Board approved a lengthy Memorializing Resolution formalizing the July vote: Our attorneys were in communication with our Planning Board attorney and Borough staff to check its completion; reviewed it for accuracy; monitored the hearing and vote; and ensured proper public noticing to support the residents’ interests.
- Since mid-summer, we were successful in demonstrating to the DEP that the Duplex built in 2018 on the property lacked requisite its permitting (a complex matter relating to past approvals), thus eliciting the retroactive permit application from Atlantic Pier for that duplex.
- Our environmental and land use attorneys conducted an in-depth analysis of Atlantic Pier’s application for their ‘retroactive” General Permit, (DEP), for the duplex.
- On our behalf, our attorneys wrote and submitted our formal objection to the DEP, together with follow up. Our objection details the many improprieties of the application, and urges the DEP to 1) hold a public hearing before considering this “retroactive permit,” 2) consider the Duplex as part of the entirety of the 2017/2018 Site Plans including the yet-unbuilt retail portion, which would require the higher scrutiny of an Individual Permit, and 3) ensure appropriate oversight on what the developers may indeed now build on the overall site.
- Following separate communications and multiple complaints to the DEP, the State has issued two violation notices to Atlantic Pier for failing to comply with obligations for public access to the waterfronts.
- We recently led a successful, ongoing resident letter-writing campaign -- Our sincere THANKS to the scores of residents who forwarded letters to the DEP on this matter. We are hopeful the DEP will grant a hearing where we can all share our concerns re the site overall.
- Lou Goetting and Lisa Baney now continue to follow up with DEP representatives on the objectives and goal above. We also are following up regarding DEP policy violations on the site, and following up with the Borough of Bay Head on continued code violations and other issues on the property.
In summary, we’re aiming to see that Atlantic Pier be held accountable and may re-think its plans for rest of this site, in compliance with DEP policy and appropriate for its waterfront location.
For now, we need to settle our extensive debts, and will conduct all current work via volunteers, as we seek to meet our past expenditures on this effort. Our legal and professional work was costly, but we have learned much, and will carry out our work directly in the months ahead.
THANK YOU FOR YOUR CONTRIBUTIONS TO DATE; PLEASE CONTACT US WITH ANY THOUGHTS OR QUESTIONS!
Organizer
Lisa Baney
Organizer
Point Pleasant, NJ