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1. CENTEX Sub-Division: 10/20/09
County to preserve 46 acres on Osborne IslandOctober 19, 2009 by Jackson NJ Online TOMS RIVER – Known as the only unprotected maritime forest on Osborn Island and providing an important stop for migratory birds on the North Atlantic flyway, Ocean County Freeholders are taking steps to preserve the 46 acres in Little Egg Harbor Township as open space. “The property is located on the southern tip of Ocean County on Great Bay,” said Freeholder Director John C. Bartlett Jr., who serves as liaison to the county’s Natural Lands Trust Fund program. “It’s in an area surrounded by both residential development and thousands of acres of protected tidal wetlands in the Edwin B. Forsythe National Wildlife Refuge and the Great Bay Wildlife Management Area.” Bartlett noted the property has final approval for a 73-home subdivision. “This property meets the criteria established by the Ocean County Natural Lands Trust Fund Advisory Committee,” Bartlett said. “By keeping it open space we will be providing a host of natural and environmental benefits to the area.” The property, located off Radio Road at Ocean Boulevard in the Mystic Island section of Little Egg Harbor Township is close to the only other remaining maritime forest in the area. The 128-acre Sanctuary property was protected by the County Natural Lands Trust Program in January 2000 and later transferred to the U.S. Fish and Wildlife Service under a prior agreement. Bartlett noted that the preservation of this property has strong local support and also is supported by the U.S. Fish and Wildlife Service and the Jacques Cousteau National Estuarine Research Reserve. “Little Egg Harbor Township officials are strongly supporting the preservation of this land and are expected to contribute at least $600,000 towards the purchase,” Bartlett said. “This cooperation from the local town emphasizes the importance of this program.” The asking price for the property was originally $7 million however the price negotiated by the Ocean County Natural Lands Trust Fund is $3.5 million. The property is also eligible for the Federal Coastline and Estuarine Land Conservation Program, which could fund up to $1,750,000 of the purchase price. “The Trust for Public Lands has agreed to work with the County to secure the grant and lower the net cost to Ocean County,” Bartlett said. He added, however, those funds would not be available until 2010. 12/25/2008 From APP.COM LITTLE EGG HARBOR — Land that could become a new 73-home development on Osborn Island here is now eligible to be purchased as open space. The development's approval was required in order to set a value on the land, said Thomas C. Fahmie of Middleton, the property's owner, in an interview after the Dec. 18 Planning Board meeting. The development, called The Landings, received approval Dec. 18. "I've been in touch with the county and the county has been in touch with the Trust for Public Land," he said. "We're still talking." Fahmie said he has owned the land for 20 years and wants to see it preserved as open space. "I think it's perfect for preservation," he said. "One reason we had to come here was in order to get approval to set the value. If we can't sell it, our option is to develop it, but that's not the direction we want to go in," he said. Fahmie said he had an exclusive agreement with TPL until Dec. 31. Green Street Development LLC of Somerset County develops single family homes and has been in business 51 years, he said, and includes his two partners. The subdivision is located on the southern side of Radio Road near Beach Drive on 46 acres that used to be the Mystic Island Golf Course. The land is surrounded on two sides by water. Residents have noted it is a sensitive environmental area. Approval was delayed in November because the Land Use Board's engineer, Charles Rooney of T&M Associates, required the retention basin be redesigned to meet current standards required by Ocean County for a 100-year storm. Rooney had called that the retention basin was "over-designed" by current standards. He suggested a system that was more appropriate for the location, explaining that the water levels occurring in a 100-year flood are expected to happen more often in the future. Board Attorney Joseph Coronato told the public the issues of an American Indian burial ground on the site had been covered in prior testimony and he asked the public to limit their questions and testimony to facts presented in this meeting. Resident Thomas Multon of Osborn Island asked if the application would have to go back for a Coastal Area Facilties Review Act waterfront development permit. Butensky said it will. Coronato said the change in the water retention basin would be reason enough for another CAFRA review. Residents had been concerned that the application received automatic CAFRA approval earlier because the time limit for applicant had run out. Coronato said the application received automatic CAFRA approval because the applicant had met all requirements but the CAFRA had not been able to send a letter stating the approval. The application was opposed by the Osborn Island Residents Association. Resident Pete Terlacky questioned whether an Army Corps of Engineers permit would be required. Coronato said the state Department of Environmental Protection will require all approvals. Resident Jackie Zimnoch asked that the land be preserved. Riki Loswieciz said the public was asked to keep comments to limit what was said at this presentations but they couldn't see the calculations and reports in advance and heard them only verbally. She said she was concerned about the calculations used for runoff, particularly compacting of soil by heavy equipment preventing water infiltration and the plans to put water into the lagoons. "There is no way that it makes sense in anyone's mind to put that water into the Great Bay," she said. The board voted to approve the application because it met all standards required by the board experts. 1/29/08 Dominic Tumas writes to alert everyone that The Landings development is on the Planning Board calendar for their March meeting!
1/28/2008 Full text below of letter sent to DEP commissioner Lisa Jackson from a great friend of OIRA! MAGGS & McDERMOTT, LLC ATTORNEYS AT Law 800 OLD BRIDGE ROAD BRIELLE, NEW JERSEY 08730-1334 (732) 223-9870 FAX: (732) 223-7367 JAMES A. MAGGS JOHN J. McDERMOTT III * TENNANT D. MAGEE, SR. ** SAMUEL J. V ACCHIANO * NJ&NYBAR ** NJ&MDBAR *** DC&CABAR January 22, 2008 VIA CERTIFIED MAIL RRR Lisa P. Jackson, Commissioner New Jersey Department of Environmental Protection 401 East State Street; 7th Floor, East Wing P.O. Box 402 Trenton, New Jersey 08625-0402 Re: Green Street Development, LLC Permit No. 1516-06-0022.1 CAF060001 a/k/a: The Landings at Little Egg Harbor Dear Commissioner Jackson: TIMOTHY B. MILLS *** 910 17 TH STREET N.W., SUITE 800 WASHINGTON D.C. 20006 (202) 457-8090 (202) 457-8278 (FAX) REPLY To: BRIELLE, NJ OFFICE
Please be advised that I am a resident of Osborn Island in Little Egg Harbor, New Jersey. Please be further advised that I am writing this letter on behalf of my family as well as a number of residents of Osborn Island who have requested that I look into the above-referenced matter (hereinafter the "CAFRA Permit"). As you are certainly aware, the New Jersey Department of Environmental Protection (hereinafter the "NJDEP") issued Green Street Development, LLC (hereinafter the "Applicant"), the CAFRA Permit on August 6, 2007. The NJDEP asserts that it granted the CAFRA Permit pursuant to N.J.A.C. 7:7-4.7, N.J.S.A. 13:19-1, et seq., and NJ.S.A. 13:9B-1, et seq. I requested, via the Open Public Records Act, all such declarations by the NJDEP that the Application for the CAFRA Permit was complete for final review, along with all correspondence by the Original Applicant, the Applicant, and the NJDEP relating to the CAFRA Permit. Upon review of the entire file relating to the CAFRA Permit, I believe I have discovered a number of issues with the NJDEP's actions as they relate to the applicable statutory law and administrative code. Based upon the following issues as set forth at length herein, I believe that the NJDEP's granting of the CAFRA Permit was ultra vires and improper. January 22, 2008 Green Street Development, LLC Page 2 As a result, I am requesting that the NJDEP rescind the CAFRA Permit and revisit the Application in accordance with the proper and legal procedures. In the alternative, I am requesting that the time period pursuant to N.lA.C. 7:7-5.1. be extended in order that an adjudicatory hearing be scheduled. My foregoing requests are supported by the following arguments set forth herein: A. THE NJDEP IMPROPERLY APPROVED THE CAFRA PERMIT PURSUANT TO N.J.A.C. 7:7-4.7; B. THE NJDEP FAILED TO PROVIDE THE REQUIRED NOTICE TO INTERESTED PERSONS PURSUANT TO N.J.A.C. 7:7-4.8; and C. EXISTING AND NEW ENVIRONMENTAL FACTS RELATING TO THE PROJECT SITE NECESSITATE AN ACTUAL REVIEW AND DECISION ON THE APPLICATION BY THE NJDEP. It is my position that each of the administrative code provisions the NJDEP failed to comply with are "legislative rules" that are binding upon the agency. See United States, ex reI. Accardi v. Shaughnessy, 347 U.S. 260, 74 S. Ct. 499, 98 L.Ed.2d 681 (1994); United States v. Nixon, 418 U.S. 683,94 S. Ct. 3090,41 L. Ed. 2d 1039 (1974); In Re Waterfront Development Permit No. WD88-0443L Lincoln Harbor Final Development, Weehawken, Hudson County, 244 N.J. Super. 426 (App. Div. 1990); See also 2 K. Davis, Administrative Law Treatise § 7:8, at 36 (2d ed. 1979 & Supp.). A. THE NJDEP IMPROPERLY APPROVED THE CAFRA PERMIT PURSUANT TO N.J.A.C. 7:7-4.7 Specifically, the NJDEP improperly approved the Applicant's CAFRA Permit pursuant to N.lA.C. 7:7-4.7, which provides in pertinent part: (a) The Department shall act on CAFRA applications within 60 days of the public hearing, or within 60 days of the close of the public comment period, unless additional information was required, in which case the Department shall act on the application within 90 days of the date it was declared complete for final review. [(Emphasis added).] My review of the documents obtained from the NJDEP reveals the following time-line of public hearings, public comment periods, and declarations by the NJDEP: January 22, 2008 Green Street Development, LLC Page 3 1. On June 21, 2006, Centex Homes (hereinafter the "Original Applicant") filed its Application for the CAFRA Permit along with a request for a Freshwater Wetlands Letter of Interpretation/line verification (hereinafter the "Letter of Interpretation"). 2. The Original Applicant mailed its Application for the CAFRA Permit and request for a Letter of Interpretation to all property owners within 200' via Certified Mail RRR. 3. The NJDEP initially deemed the Original Applicant's Application for a CAFRA Permit "complete for public comment as of July 19, 2006" and the public comment period was deemed to begin on August 2, 2006, and to continue for thirty (30) days thereafter. 4. The Original Applicant mailed notice of the public comment period on July 31, 2006, to all property owners within 200' via Certified Mail RRR. 5. On September 15, 2006, the NJDEP advised the Original Applicant that the public comment period had ended, but that the "application has not been considered complete for review since Lot 3, Block 326.1 was not included in the Public Comment Notice and Individual Notices" and required that the Original Applicant complete an additional thirty (30) day public comment period and to re-notice all property owners within 200'. 6. In that September 15,2006 correspondence, the NJDEP also raised a number of concerns and requested that the Original Applicant submit the following outstanding information: (A) address comments regarding the Archaeological Survey Report dated 4/26/06; (B) to note on the revised plans the 6 acres of the Native American mortuary area proposed to be preserved; (C) to provide letters from the Little Egg Harbor Municipal Utilities Authority stating that there are adequate water and sewer provisions, the actual capacities of the utilities; and the capacity the proposed project will require from each system; and (D) a complete summary of any previous development which would be considered common ownership with this lot as of 9/19/73. 7. On October 5, 2006, the Original Applicant advised the NJDEP that Lot 3 will no longer be part of the Application, and, as a result, a second public comment period is not necessary and the Original Applicant further advised: (A) the archaeological survey will be addressed by October 11, 2006; (B) a more detailed letter re water and sewer capacity will be provided; and January 22, 2008 Green Street Development, LLC Page 4 (C) the previous development would be considered common ownership with Lot 3 as of 9/19/73, and the Original Applicant will provide the NJDEP with an affidavit in support; 8. The Applicant's next correspondence to the NJDEP is dated February 6,2007, and provides a Outbounds and Topographical Survey Plan (at this time the applicants had changed). 9. In a letter dated February 7, 2007 from Dr. Richard Willis to Deborah Fimbel of the NJ Historic Preservation Office, on behalf of the Applicant, Dr. Willis provided an updated archaeological survey report that claims to have addressed the deficiencies raised by the Preservation Office and advising that he has: (A) applied for a site number for the historic site identified in the project area; (B) will work towards a long-term curation of the artifacts recovered from the project and will work to them being properly curated; and (C) there needs to be a follow-up communication with the appropriate Native American tribe. 10. On February 27, 2007, the NJDEP issued its response to the Applicant's request for a Letter of Verification stating that the Outbounds and Topographical Survey submitted is accurate. 11. In correspondence dated March 8, 2007, from Marianne G. Risely, Environmental Specialist with Adamas, Rehmann & Heggan (engineers for the Applicant) to Michele Kirk, Project Manager, Ms. Risely advises what she claims are the items that remaining outstanding with the Application: (A) revised LURP Form indicating the change in the name of the applicant; (B) the Applicant already provided the State Office of Historic Preservation with additional information required; (C) the Applicant will provide a revised submission by the end of March 2007 that will include the rerouted sewer and water main locations as approved on November 22, 2006 in the by the NJDEP via memorandum; (D) the Applicant will provide an Environmental Base Map displaying the required wetland buffers, 300' black crowned nigh heron buffer and 6 acre archaeological restricted area. January 22, 2008 Green Street Development, LLC Page 5 12. The NJDEP received on March 15, 2007, the updated responses from the Little Egg Municipal Utilities Authority as previously required on September 15, 2006. 13. The NJDEP received on April 9, 2007, the Applicant's "resubmission application ... based on the revisions made to the proposed routing of the sewer and water line as well as the change in the applicant's name for this project" (hereinafter the "Revised Submissions"). The Revised Submissions included: (A) revised LURP2 Form with the signature of the new applicant; (B) advised that the February 7, 2007, letter from Dr. Willis to the State Office of Historic Preservation claiming the deficiencies were addressed; (C) revised plans, last revised on 4/3/07, addressing the revisions associated with rerouting the sewer and water main due to the nesting area associated with the Black Crowned Night Heron and that the "increase in buffer area disturbed from the initial application is based on the approved Letter of Interpretation and the wetlands buffer requirement of 150 feet"; (D) six copies of the revised Environmental Compliance Plans that displays the wetlands, the wetlands buffer, the 6 acre archaeological area and the 300 foot buffer requirement. 14. The NJDEP received on April 12, 2007, a copy of a signed LURP2. The one received by the NJDEP on April 9, 2007, was not signed. 15. On August 6, 2007, the NJDEP granted deemed approval to the CAFRA Permit. The foregoing time-line raises a number of concerns when analyzed in accordance with the administrative code. The most important and foremost is that the NJDEP improperly approved the CAFRA Permit pursuant to NJ.A.C. 7:7-4.7. Again, the administrative code states that the NJDEP "shall act on CAFRA applications within 60 days of the public hearing, or within 60 days of the close of the public comment period". In this matter, the close of the public comment period began on August 2, 2006, and ran for thirty (30) days. As a result, the public comment period expired on September 2,2006, and the NJDEP should have acted on the Application for the CAFRA Permit at that time. However, the administrative code goes on to state that if "additional information was required ... the Department shall act on the application within 90 days of the date it was declared complete for final review". (Emphasis added). Additional information was required. In fact, substantial information was required and substantial revisions and information was provided by the Original Applicant and the Applicant. Despite receipt of the last submission from the Applicant on April 12, 2007, the NJDEP never declared the Application for the CAFRA Permit complete for final review. It was never done, and, therefore, the ninety (90) day period did not begin. As a result, it appears that the NJDEP acted with haste and improperly granted the CAFRA Permit on August 6, 2007 pursuant to NJ.A.C. 7:7-4.7. January 22, 2008 Green Street Development, LLC Page 6 In addition, I am aware of N.J.S.A. 13:19-9, which states that the NJDEP shall approve, approve with conditions, or disapprove an application within ninety (90) days from the receipt of the additional information requested - not ninety (90) days from the date the application was declared complete. However, the Commissioner set forth more specific regulations in the administrative code and the NJDEP specifically acted in accordance with N.lA.C. 7:7-4.7 and not N.J.S.A. 13:19-9 as provided in the CAFRA Permit. And, as stated above, it is my position that each of the administrative code provisions the NJDEP failed to comply with are "legislative rules" that are binding upon the NJDEP. See United States, ex rel., supra, 347 U.S. 260. Moreover, my review of the file indicates that neither the Original Applicant nor the Applicant provided the affidavit relating to the common ownership issue with Lot 3 as of 9/19/73, as set forth in the Original Applicant's letter dated October 5, 2006, and as required by the NJDEP. Therefore, whether the NJDEP acted in accordance with N.J.A.C. 7:7-4.7 or N.J.S.A. 13:19-9 is of no moment, as the Applicant has still failed to submit all requested documents. In either event, the Applicant is not be entitled to deemed approval under N.lA.C. 7:7-4.7. The application was not deemed complete by the NJDEP and the Applicant did not provide all of the additional information requested. B. THE NJDEP FAILED TO PROVIDE THE REQUIRED NOTICE TO INTERESTED PERSONS PURSUANT TO N.J.A.C. 7:7-4.8 One of the major complaints and irregularities regarding the deemed approval of the CAFRA Permit is the NJDEP's secretive nature in issuing it. All along, certain residents of Osborn Island have repeatedly noted their objections to the issuance of a CAFRA Permit on Osborn Island, provided the NJDEP with information relating to the environmentally sensitive nature of the Property, and requested that they be advised as to the status of the application for the CAFRA Permit. Yet, during the time the NJDEP was allegedly reviewing the Applicant's revised submissions, the residents of Osborn Island were being advised by another arm of the State that the State was negotiating to purchase the land as protected open space. The State went so far as to hold a press event on the site in an effort to support the ballot question on the open space bond after the CAFRA Permit had been issued and after the time period to challenge that action had ended. At no time did anyone associated with the State advise the individual Osborn Island residents of the issuance of the CAFRA Permit. Pursuant to N.J.A.C. 7:7-4.8, the NJDEP is to provide notice to "interested persons who specifically requested notice". My review of the file indicates a number of persons who certainly fall into that category and to whom notice of the August 6, 2007, approval of the CAFRA Permit was not sent, including, but not limited to the following: 1. State Senator Leonard Connors; January 22, 2008 Green Street Development, LLC Page 7 2. State Assemblyman Christopher Connors; 3. State Assemblyman Brian Rumpf; 4. Victoria Munro, resident of Osborn Island; 5. Riki Losiewicz, resident of Osborn Island; and 6. The Osborn Island Residents Association, Inc. In fact, the following specific letters evidence that the foregoing persons qualified as "interested persons who specifically requested notice": 1. On July 4, 2006, Victoria Munro sent a letter to the Ocean County Section Chief for the NJDEP providing information relating to Osborn Island and requesting that the application for the CAPRA Permit be denied; 2. On July 5, 2006, Senator Leonard Connors, Assemblyman Christopher Connors, and Assemblyman Brian Rumpf sent direct correspondence to you, as the Commissioner of the NJDEP to look into the issues surrounding the application for the CAPRA Permit; 3. On August 2,2006, Riki Losiewicz sent a letter to you, as Commissioner of the NJDEP, providing information relating to Osborn Island and requesting that the application for the CAPRA Permit be denied; 4. On August 14,2006, you, as the Commissioner of the NJDEP, sent direct correspondence to Senator Leonard Connors, Assemblyman Christopher Connors, and Assemblyman Brian Rumpf advising that Ms. Losiewicz's comments would be considered as part of the application for a CAPRA Permit; 5. On August 25,2006, Victoria Munro sent a letter to Michele Kirk of the NJDEP providing information relating to Osborn Island and requesting that the application for the CAPRA Permit be denied; 6. On August 25,2006, Riki Losiewicz sent a letter to Michele Kirk of the NJDEP providing information relating to Osborn Island and requesting that the application for the CAPRA Permit be denied; 7. On August 28,2006, the Osborn Island Residents Association, Inc. sent a letter to Michele Kirk of the NJDEP enclosing a petition against the application for the CAPRA Permit; 8. On August 30,2006, Senator Leonard Connors, Assemblyman Christopher Connors, and January 22, 2008 Green Street Development, LLC Page 8 Assemblyman Brian Rumpf sent a letter to Riki Losiewicz advising that Senator Connors contacted you, as Commissioner of the NJDEP, and that you advised the application for the CAFRA Permit was being reviewed; 9. On September 8, 2006, Senator Leonard Connors, Assemblyman Christopher Connors, and Assemblyman Brian Rumpf sent a letter to Victoria Munro advising that Senator Connors was contacting you, as the Commissioner of the NJDEP, to ensure that the residents of Osborn Island would be heard at a public hearing; 10. October 13,2006, Thomas Micai of the NJDEP sent a letter to Victoria Munro that the application for the CAFRA Permit was deemed deficient; 11. On November 1,2006, you, as the Commissioner of the NJDEP, sent a letter to Senator Leonard Connors advising that the application completed the 30-day Public Comment period but has been deemed deficient until such time the Division receives additional information requested from the applicant; 12. On December 13, 2006, Michele Kirk sent a letter to Riki Losiewicz advising of the status of the application; 13. On January 3, 2007, Victoria Munro sent a letter to you, as Commissioner of the NJDEP, and Michelle Kirk concerning the status of the application; 14. On February 19, 2007, Riki Losiewicz sent a letter to you, as Commissioner of the NJDEP, regarding the status of the application; 15. On May 3, 2007, John Flynn of the NJDEP sent direct correspondence to Riki Losiewicz. Certainly the foregoing correspondence establishes, at the very least, that Riki Losiewicz, Victoria Munro, the Osborn Island Residents Association, Inc., and the local delegation of Senator Leonard Connors, Assemblyman Christopher Connors, and Assemblyman Brian Rumpf were interested persons entitled to personal notice of the NJDEP's deemed approval on August 6, 2007. In the event you disagree with such a characterization of the foregoing as interested persons pursuant to N.J.A.C. 7:7-4.8, why was your letter dated November 1, 2006 letter sent to both of the Connors and Rump relating to the notice period? Moreover, why would Thomas Micai send a letter to Victoria Munro on October 13,2006, to advise that the application was deficient? Why would Michele Kirk advise Riki Losiewicz of the status of the application on December 13, 2006? Indeed, the letters evidence that the NJDEP was treating Riki Losiewicz, Victoria Munro. and the local delegation of Senator Leonard Connors, Assemblyman Christopher Connors, and Assemblyman Brian Rumpf as interested persons pursuant to N.J.A.C. 7:7-4.8. Yet, the NJDEP failed to provide those persons with the critical notice of the NJDEP's deemed approval of the CAFRA Permit pursuant to N.J.A.C. 7:7-4.7. Green Street Development, LLC Page 9 In any event, it is clear that personal notice of the August 6, 2007 approvals was not given to any of the persons named herein. Therefore, given that the notice requirements were not met by the NJDEP, an extension of the period of time to request an adjudicatory hearing on the NJDEP's decision is warranted pursuant to NJ.A.C. 7:7-5.1. C. EXISTING AND NEW ENVIRONMENTAL FACTS RELATING TO THE PROJECT SITE NECESSITATE AN ACTUAL REVIEW AND DECISION ON THE APPLICATION BY THE NJDEP I would like to draw your attention to a recent fact that has been discovered at the site of the CAFRA Permit. Specifically, Osborn Island resident Riki Losiewicz discovered a Bald Eagle at the site. Christina Kisiel of the NJDEP has since confirmed the existence of the Bald Eagle. The Bald Eagle sighting is yet another example of the environmentally sensitive nature of Osborn Island. In fact, to date it is known that the site has historically significant Native American burial grounds, includes two small wetland areas, is a habitat for Black Crowned Night Herons, Kingfishers, Fox, Coyotes, Green Herons, and the Northern Diamondback Terrapin, is now potentially a habitat for Bald Eagles, is historically significant to the Revolutionary War, offers significant protection to Osborn Island residents and property in terms of storm water drainage, and, most importantly, is located in an environmentally sensitive and protected area bordered by the Edwin B. Forsythe National Wildlife Refuge and the Great Bay, a body of water generally considered by many to be one of the least disturbed and cleanest marine wetlands and habitats in the Northeastern United States. In light of the foregoing, at the very least, the residents of Osborn Island are entitled to and should be granted an adjudicatory hearing to raise their objections to and challenge the issuance of the CAFRA Permit. Certainly they have already been denied a public hearing and notice, and, therefore, the legally proper and equitable remedy at this juncture is to grant an adjudicatory hearing. Finally, my reading of the statutory law and administrative code reveals that the Commissioner of the NJDEP has a duty and the authority to review, approve, and disapprove CAFRA applications regardless of deemed approval if the application itself otherwise did not conform with N.J. S .A. 13: 19-1, et seq. Given the nature of your substantial authority over applications, it would appear that the prudent action and choice in this case would be to issue a decision of approval or disapproval of the CAFRA Permit on the merits and not pursuant to the deemed approval provisions of NJ.A.C. 7:7-4.7. January 22, 2008 Green Street Development, LLC Page 10 CONCLUSIONS Based upon the foregoing, I am respectfully requesting that the NJDEP: 1. Rescind the CAFRA Permit and engage in an actual review of the Applicant's application; 2. Enforce the provisions of N.J.A.C. 7:7-4.7 upon the existing facts, which would result in the recision of the CAFRA Permit, as it was never deemed complete for final review and because the Applicant failed to provide all documents requested by the NJDEP; or 3. Enforce the provisions of N.J.A.C. 7:7-4.8 and recognize that interested persons were not provided notice, and, as a result, extend the time period for an adjudicatory hearing pursuant to N.J.A.C. 7:7-5.1. Thank you for your attention to this matter. I look forward to your response.
TDM/maf cc: Riki Losiewicz (via first class mail) Victoria Munro (via first class mail) Peter Marcellino (via first class mail) Senator Christopher Connors (via first class mail) Assemblyman Brian Rumpf (via first class mail) Howard Butensky, Esquire (via first class mail) Emily Previti, The Press of Atlantic City (via first class mail) Green Street Development, LLC (via first class mail) Osborn Island Residents Association, Inc. (via first class mail) 12/19/07 Posted by the Times-Beacon Newspapers There goes the neighborhood, the environment I am a property owner and taxpayer on Osborn Island, Little Egg Harbor. I am very distressed at the projected development on this very small bay front island of a 74-plus-unit development. There are significant environmental issues regarding the impact this development of the 46-acre parcel will have on wildlife, the bay and the very small island habitat with approximately 500 residences. The environmental issues of the development will be:
which is a component of the Jacques Cousteau National Estuarine Research Reserve;
The 74-unit development will also have major traffic and infrastructure impacts to the island. The addition of these homes would bring approximately 120 cars crossing over our small two-lane wooden bridge, which most likely needs repair. Our current water pumping station will not be able to handle the additional load. Every summer weekend, the water pressure drops significantly. The addition of 74 more homes (we currently have approximately 500 building lots) will be a 15 percent increase; These 74 homes will also bring additional pesticides (from the new lawns and weed killers). Where will it run off? Into the lagoons and Great Bay. When we get one of those super high tides, especially a nor'easter, the water table in that area rises to almost surface level. Where will the water flow once all that land becomes homes, streets, driveways, etc.? I realize that people on Osborn Island have a bigger vested interest in stopping this project, but remember, with the increase of these 74 homes will bring the requirement for additional services — police, fire, schools — which mean higher property taxes for all residents of Little Egg Harbor. JOHN D. MOCKO Osborn Island, Little Egg Harbor 11/28/2007
Osborn Island homeowners still hoping to block new development
By ROB SPAHR Staff Writer, 609-978-2012
Published: Wednesday, November 28, 2007
 LITTLE EGG HARBOR TOWNSHIP - Members of the Osborn Island Homeowners Association are fighting to keep a 46-acre maritime forest from being developed. This is a fight they said suffered a severe blow when the state Department of Environmental Protection granted a developer a Coastal Area Facilities Review Act, or CAFRA, permit.
Almost immediately after Centex Homes put in an application in July 2006 to build 74 homes on the site of a maritime forest in the Osborn Island section of the township, residents of the community began their efforts to block the project. This included collecting more than 200 signatures for a petition and contacting environmental groups such as the Pinelands Preservation Alliance and the Sierra Club. "The environmental impact of tearing down this forest would be devastating," said Vicky Munro, a member of the Osborn Island Homeowners Association. "Not only would the wildlife like the black-crowned heron, which is an endangered species, have nowhere to go, but the stormwater runoff caused by removing the trees would damage our waterways." Munro also said the land is a known Indian burial ground. However, the residents learned that Aug. 6 the DEP approved the developer - which is now Green Street Development, LLC - for a CAFRA permit. The CAFRA permit is designed to promote environmental protection but at the same time encourage responsible development of lands in order to improve the economy of an area, according to the DEP.The residents are concerned that with the developer being given permission to construct homes, the value of the land will increase beyond what they would be able to raise to preserve it. "We felt extremely foolish because we were out in the rain petitioning people to vote for the ballot question in the recent election that would set more money aside for open space," Munro said. "Because we felt that if it passed it would give us a better chance to get help saving the forest. But what we didn't know was the permit had been granted already." The representatives from the 9th Legislative District wrote a letter to DEP Commissioner Lisa Jackson on Nov. 15 voicing their displeasure with the agency approving the permit without the knowledge of their constituents or the lawmakers themselves. Assemblyman Brian E. Rumpf, R-Burlington, Ocean, Atlantic, said the delegation asked Jackson to review the approval process of the permit in order to guarantee it was handled correctly. "It is extremely important to preserve these lands, especially in southern Ocean County, where there has been such rapid development in the last 15 years, and the opportunities to preserve lands are rapidly diminishing," said Rumpf, who was mayor of Little Egg Harbor from 2000 to 2004 and helped preserve a two-acre portion of the forest during that time. According to the permit, it was issued based on the DEP's failure to make its decision on the permit within the time limit set forth in the Coastal Permit Program Rules. Mark Mauriello, an assistant commissioner in charge of land use management for the DEP, said the permit was "caught up" during a period of time when a number of staff members, including the project manager for this case, were retiring or leaving. When the application was not reviewed within the 90 days, Mauriello said, it was automatically approved, which is required. But Mauriello said the permit would not have changed even if it had been reviewed on time, with the exception of the configuration of a tree save unit. And even though the residents and the 9th District Legislators were upset that they were not notified when the permit was approved, Mauriello said, the DEP requires the nearby residents to be notified about the application prior to the decision but not after. But the DEP does post the ultimate decisions on its Web site. However, Munro said the public was never given a chance to speak out against the application before it was approved. "They planned to hold a public meeting on it and we all showed up, but (the developer) backed out," Munro said. "Next thing we know the application is approved." Munro also said the residents had asked the township to use green acres money to help preserve that land. However, township Administrator Ray Urezzio said that while the municipality did rate the property, the "dollars signs being thrown around" were far too much for the township to fund itself and that it was even still unclear whether the owner of the property was interested in selling it. Urezzio pointed to a letter from township engineer James Oris dated Oct. 31, 2006, which said in order for the property to be considered for acquisition its owner would have submit a copy of the Ocean County Natural Lands Trust Nomination Form, the title policy, the deed and an outbound survey. Urezzio said that, to date, he does not believe any of this was done. "We're down and we definitely took a big hit, but we are not defeated," said Munro, adding the residents are planning to direct their future efforts towards municipal officials and have hired a lawyer to review the DEP decision. "It is important that we don't give up. Our environment deserves that much from us." To e-mail Robert Spahr at The Press:
11/18/07 Developer gets permit to build homes on Osborn Island
Residents upset, say they'll fightPosted by the Asbury Park Press on 11/15/07BY HARTRIONO B. SASTROWARDOYO  Post Comment
LITTLE EGG HARBOR — A developer who plans to build 74 homes on Osborn Island now has the needed permit from state environmental officials to move work forward, irking residents in the community who oppose more development there and who vow to fight it. Officials for the state Department of Environmental Protection have granted a Coastal Area Facility Review Act permit to a Warren developer to build the homes. Vicky Munro, 50, an Ocean Boulevard resident, discovered this as she examined the posting on a town hall bulletin board earlier this week. The document stated that the CAFRA permit had been given to Green Street Development, allowing the builder to construct 74 single-family homes along with roads and a stormwater management basin. However, the environmental group working to preserve the site vows its work will continue, and that homes will not be built there. Officials for the DEP could not be reached Wednesday for comment about the permit. Munro, along with other Osborn Island residents, have long fought against the almost 47-acre development, known as the Landings at Little Egg Harbor, a roughly triangular-shaped property bounded by Radio Road, Ocean Boulevard and Beach Drive. One of the items on the permit that upset Munro and other residents is the date of its issuance: Aug. 6, 2007. On Oct. 25, Osborn Island residents, including Munro, as well as representatives from Trust For Public Land and other environmental preservation groups gathered at the site in order to garner support for state Question 3, which would authorize $200 million in bonds for land conservation and preservation purposes. The public measure passed. "We all felt a little foolish standing out in the rain that Thursday," Munro said. In addition, Kathy Haake, a TPL project manager, announced that day that the organization was working toward preserving the land, calling it " . . . not a done deal, but we are working on it." She said Wednesday that Trust for Public Land was still looking for a steward for the site. "The landowner had decided to go forward with the approval, just in case Trust for Public Land and its partners cannot consummate the deal. I intend not to let that happen," Haake said. But Munro said that giving approval to build the homes increases that value of the land, and thus makes preservation more difficult. Resident Riki Losiewicz, also of Ocean Boulevard, was little assuaged. "We have to pin all our hopes on (Haake's finding of a steward) when we should have protection from our own legislature," Losiewicz said. Hartriono B. Sastrowardoyo: (609) 978-4581 or
11/7/07
Open space advocates highlight Little Egg lot
Local event part of statewide push on land acquisition ballot questionPosted by the Asbury Park Press on 10/27/07BY HARTRIONO B. SASTROWARDOYO And yet for Munro, the day couldn't have been brighter. A Trust For Public Land official announced that there is a good chance that an almost 47-acre parcel on the island will remain undeveloped. "It's not a done deal, but we are working on it," said Kathy Haake, a Trust For Public Land project manager. Haake said the organization is working to have the land to acquisitioned by "an appropriate steward," either the township, county or state. However, according to the Osborn Island Residents Association Web site, the purchase has been successfully negotiated with the land owner. The representatives, including Haake, are partners in the New Jersey — Keep It Green campaign, a coalition of more than 90 environmental organizations, land trusts and preservation groups. They were there also to garner support for the passage of state Question 3 on the Nov. 6 election ballot, which would authorize $200 million to buy land for conservation and recreation purposes, preserve farmland, preserve open space properties prone to flooding, and fund historic preservation projects. The Osborn Island property for Thursday's event was chosen as an example of local land in need of preservation. It is bounded by Radio Road, Beach Drive and Ocean Boulevard. Seventy-four single-family homes have been proposed to be built there, first by Dallas-based Centex and then by Green Street Development, with an approximately 20-acre tract reserved for storm water management, forest and archaeological preservation and open space. One sign on the property, erected by Keep It Green, urges people to vote yes to the public question. Another informed passers-by that the property had been identified by the township as a potential open space conservation area. They stood in contrast to a sign on the property just across the street, announcing the forthcoming of Nantucket Cove, a nine-lot single-family home development by another developer, Lighthouse Development Co., Stafford. Munro, 50, of Ocean Boulevard said she had sent videotapes and letters to various legislators calling for preservation of the land. An Indian burial ground may lie beneath the property, and the marsh on the property is a rookery for shorebirds, she said. "Once it's developed you can't get it back," Munro said. Riki Losiewicz, also of Ocean Boulevard, has been urging preservation of the land. "The Garden State Preservation Trust Fund must be supported with our votes if we are to ensure the quality of our water here at the shore, and save our unique and irreplaceable maritime forest on Osborn Island," Losiewicz said in a prepared statement. She added, "The upland forest is both rich in historic value, and home to endangered wildlife species that demand protection from the ruins of overdevelopment encroaching on our town." The event Thursday was one of several such meetings hosted by Keep It Green not only across Monmouth and Ocean counties but statewide during the week. Other coalition partners met for similar reasons on Thursday in Manasquan, Cape May and Tewksbury in Hunterdon County. This is a re-print from “The Sandpaper” of June 27, 2007 Osborn Island Residents Lobby To Preserve Land The Osborn Island Residents Association (OIRA) is again getting out the word that time is of the essence to preserve the remaining 46-acre maritime forest on their small island in Little Egg Harbor Township. The NJ State Senate is in the process of reviewing worthy projects to receive federal CELCP funds (Coastal and Estuarine Land Conservation Program) through the National Oceanic and Atmospheric Administration (NOAA). At stake is $3 million that could come their way if enough groundswell can be created locally said OIRA member Riki Losiewicz. Kathy Haake, local Project Manager for the Trust for Public Land (TPL), has been negotiating with the landowner to purchase the property using a myriad of conservation funds. Haake said that in the recent past, three worthy local conservation projects received CELCP funding to help conserve land. In December 2004, a consortium of conservation groups preserved the 783.9-acre Harbor Group in Little Egg Harbor; in November and December 2005, the 93.17-acre Manahawkin Marsh; and 27.67-acre Marsh extension in Stafford Township were acquired; and in November 2006, the 118-acre Potter’s Creek tract in Berkeley. U.S. Senator Frank Lautenberg & Congressman Jim Saxton, both representing New Jersey, are on the authorizing sub-committees for NOAA, which funds CELCP. “Our congressional delegation have been leaders in coastal conservation in New Jersey”, said Haake. “Senators Frank Lautenberg & Robert Menendez and Congressman Saxton are advocating for all conservation funding across New Jersey, including CELCP funds for the preservation of Osborn Island. Senator Lautenberg & Congressman Saxton are leading the effort to re-authorize the CELCP program from their positions on the authorizing sub-committees for NOAA.” According to Haake, although Centex Homes has pulled its plan to develop the former golf course with 74 homes, the owners of the property are still able to shop the plan to other developers. “I’ve heard through the state (DEP) that they (owners) are 80 percent through the permitting process and they have told me that it would not be unusual for them to get the 74 homes.” said Haake. Because she is in negotiations, Haake would not reveal the purchase price or the owners of the property. Haake said than she had spoken with David McKeon, Director of the Ocean County Natural Lands Trust Fund Advisory Committee, which is interested in the property. “If we can get CELCP to commit, then the county will chip in.” she said. Helen Henderson, Project Manager for Save Barnegat Bay, said her organization was also “wholeheartedly behind” preserving the land. “Save Barnegat Bay is putting together an ‘Alert’ for our membership to reach out to government officials to make this funding available. If it’s not used for this property, I can’t think of another property that would be so suitable,” said Henderson. She noted it was contiguous to land in the Jacques Cousteau Estuarine Research Reserve, the Edwin B Forsythe Nation Wildlife Refuge and other county preserved land. Since 1997, Ocean County residents have contributed approximately $8 million yearly toward land preservation through a 1.2-cent dedicated tax and has approximately $30 million in open space funds. Little Egg Harbor Township residents contribute a penny tax each year to go to open space preservation, guided by their own Natural Lands Trust Fund Advisory Committee. Town Engineer, Jim Oris, said the land is on the town’s designated open space map, and the township’s Natural Lands Trust Fund Advisory Committee has rated it as land it would like to preserve. Losiewicz is urging people to write letters or e-mail in support of saving the Osborn Island maritime forest to their 9th NJ District legislators, State Senator Leonard T. Connors, and NJ Assemblymen Christopher J. Connors & Brian E. Rumpf, as well as U.S. Congressman Jim Saxton and U.S. Senators Frank Lautenberg & Robert Menendez, all of whom have expressed their support.
6/25/07
Senators Menendez and Lautenberg and Rep. Saxton are friends of environmental issues. Please drop them a note supporting them for their continuing interest in protecting Osborn Island.
Scott
6/21/07
Dear Scott,
I phoned Lautenberg's office in Newark to voice our concern about the grant and preservation of the Maritime forest. I spoke with Stefan who said he had received a few calls this AM. He suggests that all info regarding the grant application, articles, etc. be FAXED or e-mailed to Lautenberg's office to the attention of LISA PLEVIN. He has already spoken to her about the concerns he has heard this morning. He also said that we should continue to get the support of STATE and LOCAL gov. officials for this type of environmental issue. I told him I thought you or one of the officers would get the info he requested to LISA. Thanks. Glad to help.
Peggy Madison
Can you send a quick fax or email to Senator Lautenberg? Here's KAthleen Eckert simple, but effective message: Dear Lisa. Please ask Senator Lautenberg to support funding a grant to preserve the last maritime forest on Osborn Island. This is home to shorebirds and endangered species. It will protect our watershed, and I think it’s time we focused some of our resources in South Jersey. Thank you and best regards, Address to Lisa Plevin, Fax Nr: 973 - 639 - 8723 6/19/2007Shown below is correspondence that our environmental watchdog, Riki, received from a friend at the Trust for Public Lands: Our environmental watchdog, Riki, has heard from our friends at The Trust for Public Land that Congress is about to decide if Osborn Island will get federal funding. While both of our Senators and Rep. Saxton are strongly supportive, this is a critical time to remind them of how important this project is to local residents. Thanks a lot!! Kathy And, here is the note I got from Riki: Hey,
you can influence where the money goes. Really it took me about that long. Someone speaks to you and you state you ask that Senator Lautenberg supports the grant so Osborn Island will have the money to preserve the last Maritime forest on the Island, hat is home to the shorebirds that are threatened and endangered species, as well as protect our watershed for our own needs.
Maritime forest on Osborn Island, that is home to the shorebirds and endangeredspecies that are threatened as well as o protect our watershed for our own needs. " Centex Homes Proposed 74 Home Subdivision "As far as the Centax Home (Sub-Division is called - The Landings at Little Egg Harbor), and as you can see the development is located between Radio Road, Ocean Blvd & Beach Blvd.
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