Contributed by Benson Chiles, Neighbors for Waterfront Preservation
The Two River Times recently reported the Atlantic Highlands Planning Board approved a large subdivision plan for luxury waterfront homes on the 7-acre waterfront McConnell Property. The developer, Steven Denholtz, and his attorney John Giunco, argued that the development was “variance and waiver free,” and that the hands of the Planning Board were tied, making approval fait accompli.
Some members of the planning board felt otherwise, however: two members voted no and one abstained. Unfortunately, approval required only a simple majority, and now the developer has cleared his first hurdle. This decision undermines efforts by the community to preserve some or all of this property as open space, especially on the waterfront, and it risks contributing to over-development on the Jersey Shore. Now the fate of this unique property will be decided by the NJ DEP, the courts, and, potentially, the Borough Council.
Local residents have numerous concerns about this project, including: the toxic legacy of the property; the failure of the developer and the planning board to provide public access; the disregard for the historical significance of the site; and the exclusion of the objector’s legal counsel in the planning process. One of the most substantial and immediate questions posed by this decision is: should new developments be allowed in flood zones?
A year after Super Storm Sandy when the borough suffered millions of dollars in damage to homes and property, the Atlantic Highlands Borough Council updated its zoning ordinance design standards to require that all new subdivision plans preserve all areas in the flood zone as open space. This action was a logical and meaningful response to a devastating storm that no one in the Two River area is soon to forget.
But apparently the developer has a shorter memory than the rest of us. Mr. Denholtz’s professionals said that this waiver did not apply to his application because the waterfront was already “developed.” While it is true that the property once served as an oil transfer station with minimal infrastructure built to accommodate the now defunct business, it was never subdivided or “developed” for residential use as the zone requires. The Borough Council’s obvious intent was to prevent new development in flood-prone areas, not to stop existing homeowners from rebuilding their flood- damaged homes. This stretch of waterfront has been abandoned for decades, and the sea is taking back the old wooden bulkhead. Clearly, the developer should have requested a waiver to subdivide and build homes on this site. The Borough engineer neglected to address this issue in his original review letter, but in the end sided with Denholtz, setting the stage for this potentially disastrous decision.
Neighbors for Waterfront Preservation will appeal this subdivision approval and in so doing, hopes set an important precedent for future developments. As a community, we have a choice. Will we allow new developments in flood zones, thereby endangering existing residents in the neighborhood? Or, will we preserve these areas for open space, public access, and a buffer for rising seas?
This letter was first published in the Commentary section of the May 23-29, 2019 print edition of The Two River Times.
