In Highlands, Captain’s Cove in Council Crosshairs

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Highlands Borough Council is taking steps to reclassify Captain’s Cove for condemnation redevelopment, potentially opening the property to eminent domain in the future. Stephen Appezzato

By Stephen Appezzato

HIGHLANDS – The Captain’s Cove Marina is currently under scrutiny by the borough council, which claims the marina has failed to fulfill promised repairs. However, the owner contends that the situation is more complex than it appears.

Earlier this month, the borough council directed the land use board to investigate Captain’s Cove to assess whether it meets standards for condemnation redevelopment. Mayor Carolyn Broullon described the marina’s bulkhead as “a real mess and just getting worse every day.”

“The Borough has been trying to work with the property owner, as well as the former property owner, to make repairs since 2016 to no avail,” she said in a statement.

Captain’s Cove Marina, located along Washington Avenue, was heavily damaged during Super Storm Sandy. In the aftermath, the previous owner pledged to make necessary repairs but ultimately sold the property to its current owner, Captain’s Cove Marina, LLC.
In 2018, the marina was designated as a noncondemnation area in need of redevelopment. By 2021, the borough conditionally appointed Captain’s Cove Marina, LLC as the redeveloper, tasking them with improving the site’s bulkheads, dock and structures. “That has not happened,” Broullon said during the Oct. 2 council meeting.

As a result, the borough’s engineers are now preparing a structural report on Captain’s Cove while the governing body moves to designate it as a condemnation redevelopment area, which introduces the possibility of eminent domain, according to Broullon.

However, Geoffrey Pierini, the owner of the marina, said the situation is not so straightforward.

“We’re having a tough time moving forward with any of our development plans down there at that location,” he said.

When Pierini acquired Captain’s Cove, he replaced the eastern bulkhead that borders Washington Avenue. However, complications arose during work on the western bulkhead. The marina was fined by the borough because it does not own the land associated with that bulkhead, Pierini claimed.

“They kind of set a precedent where we’re not allowed to do any work over there. That bulkhead is actually their responsibility; they own the upland,” he said.

Pierini said this situation, along with ongoing flooding issues and uncertainty surrounding the Army Corps of Engineers’ floodwall project, has stalled development plans.

“It seems like every time there’s a full moon or nor’easter, the streets are flooded, and we end up having to clean up a mess. We’re not sure what the Army Corps is going to do in the future, so it’s very hard for us to move forward with anything down there at this point,” he said. This includes aspirations to expand the marina into the Shrewsbury River to transform it into a full-service deep-water facility.

“That’s my solution, and honestly, that puts money in the town’s pocket and stops the flooding in that area,” Pierini asserted.

However, he added, “without knowing what is going on with the Army Corps’ plan, we really can’t move forward.”

Earlier this year, the Army Corps of Engineers proposed a $130 million plan to construct flood walls and flood management infrastructure around the town. Currently, the plan’s future remains uncertain, as residents must first participate in a nonbinding ballot referendum in November to express their preferences.

“I think we need them to come in and invest that money in Highlands, because Highlands is a mess without it,” Pierini said.

With the land use board now authorized to investigate Captain’s Cove’s status, the borough has awarded a contract – valued up to $10,000 – to the Red Bank-based planning firm Heyer, Gruel & Associates. This firm will conduct an amended area in need of redevelopment study.

Once the study is completed, the amended plan will be presented to the borough council, which will introduce an ordinance authorizing it. The land use board will then review this ordinance for consistency with the Master Plan before returning it to the council for a second reading, public hearing, and adoption vote.

Broullon expressed hope that if everything proceeds smoothly, the matter could be resolved by the end of December.

“This action is not taken lightly, but it is a long time coming. In the end, we have a duty to protect our residents as well as borough infrastructure,” she said.

To qualify as a condemnation redevelopment area, Captain’s Cove must meet the criteria outlined in New Jersey’s Local Redevelopment and Housing Law. If the council’s plans are approved, Captain’s Cove could be subject to eminent domain, leading to the appointment of a new redeveloper and maintaining the property as a marina.

The article originally appeared in the October 24 – October 30, 2024 print edition of The Two River Times.