Harvey Cedars emails urging Eminent Domain

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Emails urging Harvey Cedars to proceed with Eminent Domain

To: mayor@harveycedars.org
It is extremely disturbing to my wife and I that a handful of people have paralyzed an extremely important project. It saddens us to see the usable beach shrinking steadily, As oceanfront owners, we believe strongly that the beach replenishment project should proceed. It is in the best interests of everyone concerned to be able to commence this work in September.

We have gone to meetings of oceanfront owners who are against this project and their objections border on hysteria. While we understood some of the objections, I thought that the DEP made adjustments that would satisfy them. I understand now that there are still "holdouts" who refuse to meet or discuss the topic. Is that true? Is there any legal recourse for those of us in favor of the beach replenishment project? Sincerely, John J. Rodrigues & Anne E. Bossi 12 E. Passaic Avenue Harvey Cedars


Dear Mr. Oldham, Thank you for your continuing efforts to assure that the Beach Replenishment project is implemented. Please continue the "fight" Regards, Barbara and Steven Silbert


I am a nine year home owner in Harvey Cedars and am pleased to own one of the very few Historic Houses that are left. This building has been standing since it was constructed by the first mayor of Harvey Cedars, Isaac Lee in 1887. On one hand we are lucky to be several houses from the ocean front at a street elevation of 6.7 feet and relatively protected. On the other hand we are not in a position to have the opportunity to sign an easement which we definitely would if we owned Ocean Front property to protect our precious ocean beach. We can, however, make our opinions known through this mode.

All one has to do is look at the pictures of the extreme devastation of the 1962 storm to see the magnitude of the property loss that was encountered. The dunes were gone and the Ocean Front homes that were able to survive this terrific storm were high on their pilings and surrounded by water. Also, in 1962 there was not nearly the volume of huge expensive homes, businesses and utilities as there are now.

We had friends of ours that owned a house that was located 3 and 1/2 blocks from the ocean in Sea Isle City before the 1962 storm. After the storm wiped out the beach and 2 solid blocks of houses their house is now 1 and 1/2 blocks from the ocean. While the beach was replaced, all the homes that were lost to the storm were never rebuilt. All the sand from Sea Isle City washed away and ended up building the huge beaches of Wildwood...

I don't believe that all the ocean front owners in Harvey Cedars fully understand that this could happen to them...One has to just look at the ghastly remains of the old Small estate which surface periodically on the beach to fully understand the power of our ocean. Where is the 5 miles of Tuckers Island and it's lighthouse today?? We have been very lucky for over 40 plus years since the last big storm but its the 50 year storm right around the corner that may do us in.

I ask you, therefore, to please do all you can to educate the ocean front owners of the important magnitude of this issue so as to not let it slip by. Over these nine years we have observed how hard people have worked year after year to get the funding for this project only to have it turned down. It would be a travesty if these available appropriations were lost do to stupidity or ignorance. Sincerely: Mr. and Mrs. Donald Ryerson 7405 Long Beach Boulevard


Dear Mr. Mayor: As you are certainly aware, the beach replenishment project is truly a needed program, if 1962 is not to be repeated. I cannot conceive why anyone would not be willing to sign the easements; they obviously are either ignorant of the cosequences, or else simply don't care (and must be looking for a tax write-off). In any event, I would urge that Harvey Cedars proceed to take whatever steps are available (including the exercise of eminent domain proceedings, if necessary) to ensure that this program moves forward. Charles C. Gaver, Jr. 4 Mercer Avenue


I am writing to strongly urge you to do whatever you need to do to make sure Harvey Cedars receives funding for beach replenishment. If you need to invoke eminent domain, I urge you to do it. You represent all the taxpayers in the Boro, not only the vocal few with a few parcels along the beaches. We, as well as our visitors, and the businesses and tourist deserve a long term healthy community. As we have clearly seen this past year, hurricanes and winter storms can do major damage to both our land and our homes. We in Harvey Cedars are vulnerable as past storms have unfortunately shown. All of us are at risk, to say nothing of the tourism and income it brings to our island. I am available to talk to you further at any time Please feel free to call or e-mail me if you wish. Norm Epstein 10 W. Lee Ave. Norman B. Epstein President & CEO


As Harvey Cedars Beachfront backers of the proposed beach replenishment, we wish you every success in advancing this project. We look forward to hearing the good news that it is moving ahead. Dick Erstad 5307-D LB Blvd.


Excellent work on your part and we are proud of the Mayor for his agressive position on getting the beach replenishment completed. Regards, Gary Chasen


We have owned our oceanfront home @ 13 E 77th St. since 1973. Never have we had an opportunity to improve our dunes and beaches as we have right now. As our elected officials, you must work as hard as possible to get this approved. Those who are holding out must be visited by you, the officials and convinced to sign. It may be an unpleasant task, but the risk / reward factor is extemely high. We urge you to follow through on this task. Sincerely, Reg and Barbara Smith


Dear Mayor and Commisioners, Our family owns two homes in Harvey Cedars, one on the ocean (15B Gloucester Ave) which we use off season and rent out, the other near the bible conference (6502 Holly Ave) that we use in season. Like you, we cherish our experiences in Harvey Cedars and the joy that our homes bring our family. We were not asked to sign an easement, but we would have, as we have seen the power of the ocean and the vulnerability of our dunes and beaches. We believe this beach replenishement project is of CRITICAL importance to the security of life and property. Please do whatever is necessary to allow the project to go forward. Please do not hesitate to invoke eminent domain, or whatever tools are necessary to secure the project for the benefit of the entire town. It will be infinitely cheaper to pay legal bills now than to pay for the beachfill (or storm clean-up) later. Please know that we appreciate all of your hardwork and advocacy...you have our continued support. Thank you, Pamela and Robert Epifano


Dear Jon Oldham, Mike Garofalo, Judith Gerkens: I am in favor of evoking Eminent Domain to ensure that we get the beach replenishment project started. This is a vital project and I still can not believe there are oceanfront owners who do not think we need this project. The dune in front of our property has been eroding every year and it will soon be gone. Forfeiting the opportunity to use federal funds to pay for this project would be incomprehensible. Please do what ever is in your powers to get this project done. Thank you for your work in advance. Sincerely, Nels Kauppila 9 E.Hudson


Please add my name to the large and growing list of Harvey Cedars property owners who are urging that something be done to get over the current impasse and complete the proposed beach replenishment program before it is too late.

My wife and I have owned the property at 12 Warwick Ave. since 1984. We hope to continue enjoying our home for many more years and have always dreamed of ultimately passing it along to our children and grandchildren. The growing threat of a significant storm in the Northeast has put that dream in jeopardy; especially if our beaches are allowed to continue in their current, unprotected state. This is not “chicken little” overreaction. The predictions come from numerous credible sources and are supported, in my view, by simple common logic.

I have some sympathy with those who have paid the price for an ocean-front home and have enjoyed the current, largely-unrestricted views and access to the beach. If they have enjoyed these properties for several years they should consider their blessings. But I am aghast to think that those property owners might be willing to put their investments in jeopardy in order to maintain the status quo. It is particularly disappointing considering that these people are, in a sense, making that same decision for many of the others of us who also enjoy property ownership in Harvey Cedars, albeit not ocean front properties.

I urge the elected officials to do whatever they can to obtain the rights to undertake the proposed beach replenishment program in a timely fashion. Although I am not usually a proponent of using the legal system to achieve results, if that is the only remaining course of action (and it appears that it might be), then it is certainly preferable to standing by while a relatively small group of individuals puts our borough and most of its property owners at substantial increased risk of losing everything. Fred D. Hafer


Mayor Jonathan Oldham: mayor@harveycedars.org Michael Garofalo: commissioner.finance@harveycedars.org Judith E. Gerkens: commissioner.dpw@harveycedars.org

for the record, i am an oceanfront owner, i have signed the easement and fully support the beach replenishment project

some numbers: the current easement count is 48 YES and 34 NO, a 58.5% majority out of the 82 needed. clearly 58.5% represents a majority of just the oceanfront owners. you clearly have your direction as our elected officials to get this project started.

you have my support to do whatever it takes, including eminent domain, to get this project done. this is an opportunity that you as our elected officials must get done on your watch.

we must not let the short sidedness of 34 people jeopardize the entire town's safety.

more numbers: there are 1320 tax listings on the HC books, every one of them is financially threatened by the shortsightedness of the 34 holdouts, the 34 holdouts are less than 3% of the total tax listings

the 1962 storm was bad. let's not forget the extensive damage caused by the 1992 storm, just 14 years ago. the damage would have been prevented. for those not around then see pics of the 1992 storm at: photos

again, i do appreciate all the effort you have put in. you do have my support to do whatever it takes to get one done.

you have your direction, do not let the majority down, do whatever it takes !! jim page Block 5, Lot 10 Block 38, Lot 5


Dear Moyer Oldham, My wife, Elizabeth Fritz and I are in favor of evoking eminent domain for the beach replenishment. Sincerely, Jim Fritz 1W 82nd Street.


If eminent domain is necessary to protect the island, than so be it. You are the leadership of our community and you need to be leaders and do what is right to protect the properties and the beach. People will be upset no matter what way you vote but you need to feel you made the right decision. Be a leader and don’t worry about being liked.
My property is one off the ocean, 9 Sussex, I believe if eminent domain is necessary to move this beach replenishment along, than so be it. The properties need protection, from any big storm and the beach has been shrinking for the last 7 years. I have seen pilings from old buildings projecting out of the surf line, at Stellar Maris beach area. I have had to move beach blankets up to the dune area to avoid waves hitting our possessions. You have my vote of confidence for protection of the island. It takes leadership to do what is right, no matter who gets upset. Michael Todd


We do not generally support the use of eminent domain, however in this case we feel that we are at risk of losing our property as well as being put in physical danger. This might be the only opportunity for government funding. We therefore, fully support the idea of using it to get our township beaches replenished. Please keep in mind that you must represent the entire community, not just ocean front owners. I'm sure if it were possible to have a referendum in this issue, the results would be in huge favor for beach replenishment. Since moving here full time a few years ago my wife and I have been very satisfied with how Harvey Cedars is run. We understand that this is a difficult issue and in the end not everyone will be happy with the outcome. Yet, with the dire predictions of large storms...how can we possible pass up this opportunity? Sharon & Al Marchioni


The replenishment of Harvey Cedars beaches is essential to maintain the vitality, beauty, and safety of our island community. Please invoke eminent domain on those properties whose owners are unwilling to sign the easment agreement. It would be a serious mistake to allow those few property owners to jeapordize such a well needed project for the boro.

Dear commissioner of public works. It is in the best interest of the Borough of Harvey Cedars that the beaches be replenished as presently proposed. It would not be in the best interest of the Borough of Harvey Cedars to allow a few property owners who refuse to sign the easment agreements to jeaopardize this much needed project. The replenishment is essential to maintain the vitality, beauty, and safety of the Borough and its citizens. Please invoke eminent domain of those properties whose owners cooperation is being witheld.

Dennis and Marlyn Christensen 2 East Atlantic Avenue


I am the ocean front owner of the property at 5703 D Long Beach Blvd. I am writing to express strongly my opinion that beach replenishment is necessary, and I support completely the plans to proceed with the beach replenishment project. thank you Gladys Fenichel, MD


We believe that you should invoke eminent domain if necessary to get beach replenishment. Bob and Judy Chernoff 6809 Norfolk Place


Dear Jon Oldham, Mike Garofalo and Judith Gerkens, This email is to inform you that we are in favor of you evoking eminent domain to replenish Harvey Cedars beach. Thank you, Laura D. Marcy 28 W. 80th Street


Honorable Mayor,
For the last eight months, I’ve listened to the arguments on both sides of the issue and have concluded that this beach replenishment project is the best alternative for my home and our town. Our past efforts at plowing sand have been nothing more than a band-aid for an ever-increasing problem. All you need to do is listen to the daily news to hear the dire storm predictions for the Northeast coast this season. If one of these forecasts comes to fruition, our homes could be seriously undermined or destroyed completely. My family lost our home in the ’62 storm. It was devastating and certainly not something we wish to experience again. And, should a similar storm hit our area, we cannot be assured that the Army Corps will not move the building line further west rendering some existing properties as non-build able. It happened in ’62 and could happen, again.

I can’t understand the lingering concerns of our neighbors who refuse to grant access to the non-build able portion of their property. My concern is that their positions are so entrenched, that there is no room for movement or negotiation.

You have gone to great lengths to send mailings, place phone calls and hold meetings with every conceivable governmental agency who could shed light on the issue and resolve any outstanding questions. You’ve held easements in escrow and, in fact, changed the language on the easement to accommodate some homeowners’ objections. Your patience and perseverance are commendable and greatly appreciated.

With June 15th fast approaching, we’re at the point where the proverbial rubber meets the road and we look to you and the commissioners for guidance to lead us out of this. Please do what it takes to make the beach replenishment happen so that the future of our town will be preserved.

You can count on my wife and me to help you in any way we can. Larry Laurence A. Liss | Chief Technology Officer | Blank Rome LLP


Dear Mayor & Commissioners It is very interesting to note that some of us are ready to sacrifice their lives & properties as well as the lives and properties of others for the sake of water views. They are not signing the easement ,thus blocking the replenishment of the beach. If eminent domain is the answer , than I am all for it. This very important issue is happening while other owners are willing to sacrifice their neighbors water view for some trees that have very limited value ,if any. To add insult to injurey,the blocking trees are on the Boro right of way. I hope the issue of beach replenishment gets approved then we might be able to address the tree issue Truly yours, Samir Tadros 4 W Berge Ave


dear mayor, first of all thank you for all your efforts towards beach replenishments. At your suggestion, I signed the easement deed for my ocean front property ( 13 east cape may ) in September of 2005. I am very happy about signing it. It is sad that few people have not signed yet. I hope that they will do it soon. Thank you again. Matt Reddy,M.D.,


Dear Mr. Mayor, As a concerned homeowner in Harvey Cedars, I must express my frustration over the current dilemma, beach replenishment or not. Since we bought our home in 1999, we have seen a substantial increase in its value and a decrease in the integrity of our beaches and dunes. We love Harvey Cedars and consider it a privelige to own here. We have no intention of selling or "cashing in." Our beaches concern me because of their potential impact on our value and, more importantly, on our lifestyle. If I understand correctly, certain oceanfront homeowners are opposed to replenishment because their views may be compromised with a rise in dune height. This opposition could cause the town to forfeit substantial government funding and await an active hurricane season that promises landfall in the northeast. While my views may be compromised as well, I would much prefer that to the possible alternatives... no beach, no value, no home! My frustration lies however, in the fact that the few who oppose could take priority over the well being of the borough and the vast majority of its citizens. Our beaches will certainly continue to deteriorate until such time that a major storm comes again, and they will. While we await signed easements pending discussions of dune height, we risk losing this funding and incurring substantial costs ourselves at some point. If beach replenishment is "critical to every home in this town," I strongly encourage the Board of Commissioners to use appropriate means to insure this important project takes place. Ultimately, it is the safety and well being of our community and all of it's citizens and properties, not our views, that must take the highest priority. The decision to act or not will affect us and our children for decades to come. Sincerely, Tony Buglione


As a property owner at 8 E 76 St., I am writing today to voice my support for the beach replenishment project currently under debate. I am perplexed and disappointed that there is so much controversy over what seems like a “no brainer.” In informal dialogue this past weekend, it seems everyone I've spoken to is in favor of the project. One can only believe then that either the hold-outs are simply idiots, or misinformed. It seems a great deal of time and energy has been expended to inform the general population, leading me to believe that we are being held hostage by a small faction of fools. I urge you and your leadership committee to take what ever actions are necessary to insure we get the benefit of the beach project. I know in Cape May county they had similar problems, and were somehow able to push through the necessary paper work even though there were selfish idiotic hold outs I hope this note along with any assistance that we can provide, will result in Harvey Cedars getting the benefit of a wider beach and at the same time some needed protection for all of our valuable property. Greg and Janis Gutchigian 8 E 76 St.


emails - May

Dear Mr. Mayor
Proper judgment and logic dictate that we do our utmost to help protect our Island , Boro and homes. Dire predictions and history of previous occurrences resulting in loss of lives ,should have convinced ocean front owners to sign the required easement Please do whatever is in your power to get the funding for the beach -replenishment project to help protect our lives and our properties With God's help it will happen Samir Tadros 4 W. Bergen Ave


Dear Mayor,
It is extremely disturbing to my wife and I that a handful of people have paralyzed an extremely important project. It saddens us to see the usable beach shrinking steadily, As oceanfront owners, we believe strongly that the beach replenishment project should proceed. It is in the best interests of everyone concerned to be able to commence this work in September. We have gone to meetings of oceanfront owners who are against this project and their objections border on hysteria. While we understood some of the objections, I thought that the DEP made adjustments that would satisfy them. I understand now that there are still "holdouts" who refuse to meet or discuss the topic. Is that true? Is there any legal recourse for those of us in favor of the beach replenishment project? Sincerely, John J. Rodrigues & Anne E. Boss 12 E. Passaic Avenue


Mayor: I realize you are getting many emails and I hope you’ve had the opportunity to review them. My thought is whether Eminent Domain can be used to take possession of the area needed for the easement, sign the easement, then vacate the property back to the original owner. The general public would be better (a requirement for Eminent Domain) and the original owners would not have lost their land but only given up some of its rights (something that a regular Eminent Domain situation does not achieve). By forcing their hand you are actually benefiting them. Eric Gulotta 20 Warwick


Dear Gentlemen and Lady: Please do whatever is possible to prevent the beachfront easement signing holdouts from costing us this needed protection for our community. This Public Protection must outweigh whatever private interest that obstructs it. John Sullivan 19 West 80th St. Harvey Cedars


Dear Mayor, Again, what is the issue with not using eminent domain? At some point the Town needs to step up and get this done – Has anyone demanded a meeting with Lisa Jackson? Why do I feel that, although great efforts have been made, the ultimate effort is not being made to guarantee that the project goes through? Condemn the easements and start pumping the sand!!!!! Please!!!! Edward Walters Jr. 14 East Atlantic Ave
The house that survived the ’62 storm – as you are certainly aware, the house is in the infamous picture taken from the top of the Bible Conference during the storm.


Please move forward with the beach replenishment project. We support your efforts to get property owners to agree to this important project and safety measure. We are in favor of the use of eminent domain if that is necessary to protect our beach and our homes from potential disaster. Alan Groff, Passaic Ave.


Dear Mayor and Commissioners, I live at 63 Cedars Avenue and have been a homeowner in Harvey Cedars since 1997. I am writing this letter to stress to you how important the beach replenishment project is to the community and all of Long Beach Island. If the oceanfront homeowners do not sign the easement, you have to do whatever is necessary to protect the whole community. Whether it is eminent domain or another legal maneuver, the beach replenishment project must proceed. It is unfair, shortsighted and selfish for the oceanfront owners not to sign. The rest of our community deserves to be protected ,as much as humanly possible, from a severe storm. I urge you to do whatever is necessary to make sure this opportunity to protect Harvey Cedars does not pass us by. Robert Levin


Please move forward with the replenishment project. Don't let a few people ruin it for everyone. My children will be grateful down the road. Laurence Brown


I am wholly in favor of the beach replenishment project for Harvey Cedars. I support all your efforts to get property owners to agree to this important project and safety measure. Gary Chasen 9B East Bergen


To whom it may concern, My husband and I have owned a home in Harvey Cedars for the last six years and have been watching closely the beach replenishment project. I do not understand why any beach front homeowner would not support this project. I was raised in Long Beach New York and I have seen first hand the devastation that a hurricane or noreaster can do to a community, I don’t want this to happen to us. We are in favor of eminent domain to protect our beach and our homes from any potential disaster that nature sends our way. Please act on this quickly so that we do not lose this valuable opportunity and be the first community on the island to take advantage of this project. Sincerely, Deborah and Anthony Buglione 9 East 75th Street Harvey Cedars


Dear Sirs and Madam,
Much has been said about dune heights blocking views, about the “poor” quality of the beaches in Monmouth County, or about the loss of surf breaks as reasons not to sign the easements. I believe the people saying these things should remind themselves of Sandy Hook, Sea Bright and Monmouth Beach. Areas remarkably similar to ours – thin strips of land surrounded on 2 sides by water

I guess these people don’t recall the days when The Weather Channel sent a live television crew to Sea Bright every storm because it was only a matter of time before the ocean met the bay. The beach replenishment done there means the TV crews no longer have a story to cover.

As far as dune heights, how about instead – as they were forced to do in these towns - we build a 25 high pile of rocks, with concrete poured over it in order to hold back the sea. No sea grass, no pines trees, no vegetation of any kind. This attractive barrier could have been avoided had beach replenishment happened in time.

As far as surf breaks, who are these people kidding? The surf breaks were gone in many of these areas long before the replenishment because the beach was GONE. There was no beach at all, just a walking path on top of the rocks. Given the choice of the loss of a surf break or the return of a beach for all to use, I think the vast majority of voters will take the beach.

I for one do not want to see these things happen to ocean-front. Our beaches are beautiful, but they will be gone if we do not act now. If the Weather Channel had been around in the early 1960’s, you can be sure they would have sent crews to film in Harvey Cedars. The only difference between Sea Bright and Harvey Cedars is that in Harvey Cedars the ocean HAS met the bay, and you can bet that it will happen again without this project going through.

The actions of the hold-out 44 oceanfront homeowners are selfish and short sighted. I believe that the town council needs to take action to protect to property and rights of the majority of the residents of Harvey Cedars, and I think these actions need to take one or both of two courses.

The first course of action stems from the fact that oceanfront homeowners seem to have no problem using my tax dollars in allowing the town to come onto their property in perpetuity to replenish the beach when their property is endangered. Why now the double standard? If this replenishment project does not go through, the town should immediately pass into law that the homeowner be billed for time and materials for repair. If they do not pay, let the house fall into the ocean. I am sure that many of the people 2 or 3 houses off the beach will pre-sign an easement, as they will shortly become oceanfront homeowners.

The second, and harsher option, is the use of eminent domain. This is an example where the appropriation of the property is clearly for the public good. Although there is fear that the valuation of the property seized may be excessive, I am sure that by clever use of zoning laws (say a zero setback on the ocean side of the lot) the value of the property seized would approach zero.

The Council is faced with a difficult decision, but we cannot allow the selfishness of 44 homeowners to effectively hold the rest of the town hostage. Mr. Mayor, you recall the 1962 storm and we all know that it will happen again. Since then we have already had “The Perfect Storm.” For Harvey Cedars, without this project, it is only a matter of time before many of us have “The Final Storm.”

I would like to thank the council for your efforts so far in seeing this project through. I ask that now you do whatever you need to do to make sure the selfish few do not threaten our entire town. Sincerely, Bryan Lewis 83rd Street


Dear Mayor and Commissioners, I hear you have considered using Eminent Domain to get this project going and have been recieving some amount of resistance to the idea. I also do not want you to use this tactic but at the same time, I don't want to loose my house or the island. Do what ever it takes to get this done. The needs of the few never outweigh the needs of the many. "Spoiling my view" is not an acceptable excuse as opposed to spoiling my house or my island. Get this done. Regards, Mark Lazar 1 West Lee Avenue


re: Forecasters Predict Active Hurricane Season -NY TIMES 5/23/06
Thought you'd be interested in this from TODAY's NY Times. Wouldn't it be a shame to block this project from happening and then lose one's home? By the way, with forecasts like this, I suspect the value of our homes will start dropping soon unless this project moves forward. Best regards, David


Mayor Jonathan Oldham: mayor@harveycedars.org Michael Garofalo: commissioner.finance@harveycedars.org Judith E. Gerkens: commissioner.dpw@harveycedars.org
you have my support to do and spend whatever town resources needed to get the remaining 44 easements signed. this is an opportunity that you as our elected officials must get done on your watch. we must not let the short sidedness of 44 people jeopardize the town's safety. consider hiring professionals to personally visit each of the 44 owners that have not signed. have them to do and bring what ever it takes to show and prove that this easement will protect the long term value of their property. some ballpark numbers, lets say the professionals cost on the average $2,000 per visit. the 44 visits would come to $88,000. given that there are 1320 tax listings on the books in HC, would cost each property owner $66 for this special project. worst case scenario, let's say the above cost figures are off by a factor of 10 and the one time charge is $660 per HC taxpayer. given what one bad storm can do to the assessed and market values of HC property owners, it is a very inexpensive one time insurance premium. i do appreciate all the effort you have put in. again you do have my support to spend whatever of the town's resources needed to get one done. do not let us down, do whatever it takes !!! jim page Block 5, Lot 10 Block 38, Lot 5


2006 hurricane forecast: 8-10 storms U.S. government experts say 4-6 could be ‘major’
Dear Ms. Gerkens, Mr. Galofalo and Mr. Oldman:
I pasted the above headline from tonight's MSNBC "header" online. This does not look good. As a small barrier island, LBI would surely take a big hit if one of these storms happens to make it's way to us.

People always complain that they don't see the fruit of their hard-earned tax dollars. Finally, some of this money has been sent our way in the form of Federal aid in the Beach Replenishment Project. Because of selfish self-interest, ignorance or plain apathy of some oceanfront property owners, Harvey Cedars and her people are about to loose this funding and more importantly this Island saving project. Loosing this beach replenishment could do us all harm that can never be corrected- not only in property and property value but in life itself. Please do not let this opportunity slip away from us. YOU are our final line in the sand. Please take steps immediately to use eminate domain to save this project!

When you ran for your positions on our town council, you knew that you would have to make some tough decisions. You would have to stand up for what might not be the most popular position, but the position that was in the best interest of a community that we all love. You where elected to do your job and now the time has come that you must act. Please, please take the steps needed now and save this project. Most sincerely, Susan Lewis 10 East 83rd St


Dear Mayor Oldham: As home owners in Harvey Cedars (8 E. 83rd Street) we thank you for all the hard work and effort you have diligently provided on the beach replenishment project. With the June 15th date rapidly approaching please persevere and use all your powers and abilities to bring this project to a sucsessful conclusion. Sincerly, Vera & Jim Loudon


I want to be sure that the officials, that represent Harvey Cedars, are doing everything possible to insure that the properties, of Harvey Cedars, are being protected against further erosion of the beach and that if a serious storm threatens the town, our properties will have been given the best possible support and chance at this junction of time. I believe the replenishment project is necessary and will help in the possible near future to maintain the town of Harvey Cedars and not allow another 1960’s type tragedy. Michael Todd


Mayor: I can not believe that the oceanfront property owners are so shortsighted or ignorant that they STILL refuse to sign the easements so our beaches can be replenished with sand! They are the ones who will suffer the most when the next big one (LONG OVERDUE) hits, but we will ALL suffer when the remains of their ocean front mansions are washed over the island to the bay. Are they are so selfish that they want to be PAID for these easements? I would like to see the list of unsigned easement owners published in the Sand Paper. They should be reminded of all our young volunteers fighting the war on terrorism in harms way so that the oceanfront owners can continue to enjoy their digs. Let's cooperate and get the "free" beach replenished this year before the offer vanishes forever! Richard D. Merion 83d St.


I have been following the Harvey Cedars taxpayers website with interest, especially as it relates to beach replenishment. I have not seen any new e-mails since those posted from Feb 9 – March 15, 2006. Have there been updates? Thanks John Galat


To my Neighbors along the Shore, Very soon, in just a few more days, many of us will be thinking of our shore address as the one in which we would hope we could spend more time. At least that is true for me, and my ever growing family.

The image of the sand and surf and our children playing, swimming and gliding along on boogie boards sustains us through the off season. We have come to take for granted the wonderful feeling when we climb onto our decks and just look at the ocean. BUT THIS COULD ALL CHANGE.

I don't know how many of you keep up with news from the shore. I do.

We have a serious problem on our hands. Our beaches are disappearing and the once protective dunes have, once again been decimated.

Fortunately; the elected officials in Harvey Cedars seem to be on top of the problem. In short, there are federal funds available to rebuild the dunes to a height which will protect us. There is a program available which will replant the dune grass. The bottom line is that without this work being done, many of your homes may not be there when you come down.

If you think I am overstating the situation, go on line, or Google Harvey Cedars and work your way to the photos of what is left of some of your dunes.

The Army Corps or Engineers and the EPA are asking for easements to allow access to your dune in order to rebuild it. To date only about 30 of us have responded to the appeal the commissioners have sent out. There are still 50 or more oceanfront owners who have not responded. In order to get the funds, we need full participation. There is no danger in allowing an easement. There is great danger in not granting one.

The one thing none of us want to happen is having the commissioners decide that in the best interests of the rest of the shore community, they would acquire your dune via eminent domain. Then there would really be a great many folks upset. It is no big deal to allow the construction crews to do what they must. At this point there is very little time left to get all the applications filed and permits issued.

I urge all of you to contact the Borough Hall and find out what you MUST do NOW.

There is one other issue which came up. The Feds have stipulated that since public funds are being used, the public must have access to be beaches. We already have public access to our shore line. However, it is also necessary that some public toilet facilities be provided. I have looked into this and have been assured that by utilizing the existing facilities at Sunset Park, Borough Hall and constructing one at the bay beach, we would be in conformance with the Fed requirements. In the event, that a few more units would be required, they would be placed in proximity to the business sections of the Borough. There WILL NOT BE ANY such facility placed near any of our beaches. The Mayor has assured me of this.

So please, get your papers signed (or make the call) and rest easy. Then we can all look forward to many more years of the wonder of our precious shore. One last point….I volunteered to write this letter to all of you. No one has asked me to do it. Protecting our dunes to protect our homes is my only motivation. Please pick up your phone, or get on line and let's get it done-together----NOW!!! Sincerely, Ilan Plawker Beach Bum Wannabe..


emails from early April

We were in HC this past week-end (April 8th) to open our house and couldn't believe the beach/dune damage since my last visit in February! We're located just north of a jetty and, usually, we have a larger beach during the winter months due to the prevailing winds. During the summer months, our larger beach gets slowly eaten away when the winds shift... but, we have that little reserve from the winter buildup so we're okay until winter arrives again and winds shift again bringing the sand back. We're also lucky that we have 2 rows of storm fence along the beach to trap the sand. HOWEVER, we now have only one row of storm fence and about 1/5 of the dune is gone! NOT a pretty site! Now, we're starting the season in a bad way. Pam Branco Liss


Just wanted to thank you for all your hard work to save our town. We bought ocean front property in Harvey Cedars in 2002 so we are new to the town and love it -- however we have been praying (yes, praying) that God would hold back the waters and not allow our home to be destroyed. When we heard of the beach replenishment project, I saw it as a direct answer to prayers. So of course I am astounded at the short-sightedness we are seeing. Even if those who currently object have a solid beach in front of their homes now, and their neighbors loose their property, the ocean will re-take all the land eventually. Our beach is minimal and deteriorating week by week -- where we once had two dune fences they have now both been destroyed. I was just down this weekend and watched the tractor working all day trying to rebuild the dunes -- in 2 days some of the sand just put on the dune was washed away. Anyway, just wanted you to know you appreciated and your work will not be in vain. Freida Watson


I find it quite rediculous and selfish for homeowners to worry about the height of the replenished dunes. The dunes are there to hopefully protect all of the properties behind them. We are very lucky that the general public continues to fund these projects. Walter Bowne


To all HC beachfront property owners who may be concerned about granting the government an easement east of the 20' to which they are otherwise entitled. Does it make sense to potentially allow your property to be damaged by storm and tidal action? A destroyed home offers no ocean views. The cost to any one property owner of replenishing their beach front is exorbitant. Why not grant the federal government the easement and allow it to largely foot the bill? You and the rest of our township will then obtain a direct return on our federal tax dollars which the federal government seems to have no problem otherwise wasting on silly and fruitless projects. Barry & Carol Sziklay


A non-buildable lot would be determined in either of 2 ways: the location of the building line and the square footage of the lot. the minimum lot is 5000 sq. ft. in the RA district and 7500 in the RAA district (from Buckingham to 73rd St). Any smaller lot needs to get a variance from the zoning board because it is non-conforming. The building line is on the oceanside and is about 20 feet west of the famous bulkhead line. It is on the tax map and was established after the 1962 storm. I believe there are some existing houses that are partially beyond the building line. If those houses were destroyed, they could not rebuild beyond that line and depending on the size remaining on that lot, depends on the size of the house. You can, however, build up to the building line and use the whole property size for the lot coverage. Daina Dale in answer to my question - How does an oceanfront lot become a non-buildable lot?


First on the ocean has no FEMA recourse. If the wave takes the house, it is gone and it can not be rebuilt. That is FEMA! The only protections that the house has are the pilings and its height. The pilings are not deep enough to survive the destruction of the dune. The only defense that the dune has is its mass (height and width). The dune has to last longer then the storm. It is really that simple. jim finne


my oceanfront easement/deed papers have been signed, notarized and are in the mail much thanks to all to push this forward to get HC first on the list to receive beach/dune replenishment. tight timeframes are needed to be set and enforced so to "get this done" i realize that some HC taxpayers are relatively new to the town and have not seen the severe damage that can be done without proper dune protection. i have scanned in some pics from the 1992 storm that may help you and the HC taxpayer association get the cooperation from those who still have not signed.
i have set them up on a website, so to share easily and to drive home the point that their Harvey Cedars investments are in danger unless they act now !!!
www.laurenpage.com
feel free to use the link above, i hope this helps jim page


Is there are list of the holdout homeowners? Can their names be publicized so their neighbors can know just who is holding up beach replenishment?


If it is just condemnation and buyouts they want then it is not about "science." I wonder if these oceanfront owners have looked at their properties lately. Lynne Warshaw


Given the critical deadline we face with the easements, we need to limit our future questions to only those which will aid in procuring those easements. There will be time later to address other suggestions and concerns, like the coastal management lessons document.

Without a doubt, our #1 priority at this time is to get the deeds signed by the ocean front homeowners. This is an absolute, drop-dead, critical path item and requires our FULL attention as the clock is ticking. Our window of opportunity is limited by EITHER of the following occurrences:

1) Ship Bottom and/or Surf City get their signatures and go first, thus exhausting the allocated funds for 2006, or

2) December 31st comes and the appropriated funds expire. Given the demand for funds in New Orleans and Mississippi (thanks to Katrina), you can rest assured that Congress will not be predisposed to re-appropriating funds to benefit $1MM+ vacation homes in Harvey Cedars, especially when, in their eyes, these funds were snubbed the first time. Pam Branco Liss - Feb. 3rd meeting


re: bulldozing beaches, hazards of oceanfront pools etc. - It reminded me of a trip we made to the Cayman Islands. We stayed at the Marriott and they had like no beach. I mean it was 6 feet wide. A local told us that before they built the hotel, there was discussions about building a sea wall to allow the Marriott to construct a patio deck and a pool. All the locals told them not to do it as it would cause the beach to erode, but why should they have listened to them, they only lived there for a thousand years? Well anyway, they didn't listen, they built the sea wall and they have no beach. Walking up and down the beach (7 Mile Beach) proved the locals knew a lot more about beach maintenance then the engineers did. Every place that build a sea wall had no beach and those that didn't had 50 - 75 yard beaches. The Army Corps of Engineers should take notice. Thanks for the info, --mark lazar


Yes! Go for it! I understand the signatures of all "beach dwellers" have to be obtained. Is this right? How are they going about doing this. It's an opportunity to get this DONE! Need any help? Evelyn Rabinowitz 10 Cox Ave.


We saw the links on your post yesterday and spent a few hours looking at the plans last night. We were surprised to see that the beach was going to be extended 140 feet! (not that we're complaining). And, it looks like the jetty will disappear under sand which is strange because the jetty has really saved our little beach! We had no idea about any of this... which means the majority of beachfront owners have no idea, I imagine. My personal feeling is that the township dropped the ball in handling this entire matter. The only thing we knew is that there was a beach replenishment project underway and they needed perpetual rights to access the beach... that's it! Perhaps we were remiss in not trying to find out more but, frankly, we only get to read the local paper in the summer months when the house is open. We would have no way to learn about this otherwise. Now, it makes sense why they need perpetual access since they will be replenishing every 7 years (assuming the money hold outs, I'm sure). Anyway, I think we're going to have the property surveyed AGAIN (we just had it surveyed for something else last summer... but not elevations)... then we'll sign. Pam


To all: Yesterday the beach erosion was quite significant. At what point will the Town step in and use eminent domain to acquire the easements in order to preserve the ocean front homes and to protect it’s number one asset – it’s beaches? Edward Walters Jr 14 East Atlantic Avenue 609-618-1615


please advise ms chambers that i have no experience with beach erosion. i do however, have the opinion that all replenishment is temporary and perpetual beach maintenance is required. so, the sooner we get started the better particularly if the state and feds are helping. get the money now because their patience is running out. also please have anyone not cooperating with easements arrested.


Although I agree with most of the group opinions, I think your are being mislead on this subject. Being born and raised on LBI, I have been through several storms including the storm of 62. This storm took every home from our home west of the Bld to the ocean. Now, my permanent residence is in PA but I come down weekends year around. I have paid close attention to the buldozing program since it was started. What I have observed is the initial erosion like your photos show. There is an immeadiate errosion at the base for few days after, but the errosion stops and the beach is replenished fairly quickly. There has ben many winters where if this work had not been done, we would have a much more severe issue. It appears your info only addresses the immeadiate errosion. I may be able to supply some pictures of my observations if you wish. Concerning erosion, I thing a more serious issue is the constant raking of the beach in the summer. I have a solution to this as most beach goers would revolt. There is a research available on this topic as well. I will try to find it for you. Jon VanMeter
i got that information off a very good website. just curious if you could find a scientific website supporting bulldozing beaches. i'm happy to change my mind. this is where i got the bulldozing photos and captions
bulldozing photos


what then is going to be done to protect us all form losing our beach? Can you fill me in on this? peter DaPuzzo


Harvey Cedars representatives: I am requesting that 100% of our municipal efforts be directed toward the beach replenishment effort at this time and that the proposed zoning changes be tabled or dropped. See below for information on 1989 Hugo storm damage that "The mayor of Folly Beach claims that 65 percent of the beach front property has been lost, as well as most of the town's tax base."
Jim Page - 25 year owner of two Harvey Cedars properties

Folly Beach, South Carolina, HURRICANE HUGO, 1989: over 200 heavily damaged houses fell into this category, making lots valued up to $500,000 essentially worthless (non-buildable)
(OCR for page 220 http://www.nap.edu/books/0309044758/html/211.html)

HURRICANE HUGO: PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND SOUTH CAROLINA
Landward of the actual or estimated dune line) and redevelopment (if two-thirds of a beach front building is damaged, it cannot be rebuilt). A quick survey of Folly Beach and some of the other barrier islands indicated that over 200 heavily damaged houses fell into this category, making lots valued up to $500,000 essentially worthless (non-buildable).

The mayor of Folly Beach claims that 65 percent of the beach front property has been lost, as well as most of the town's tax base.

HURRICANE HUGO Damage photos:
http://coastalhazards.wcu.edu/StormDamage/Hugo/Hugo.htm

Note, flood insurance covers the structure but does not cover the loss of value of your lot if it becomes non-buildable !!!!


to: Jonathan Oldham Michael Garofalo Judith Gerkins
Please table the proposed Zoning Code changes until after you get the oceanfront easements signed for the beach replenishment project and done everything in your power to get the Harvey Cedars beach replenished first. The beach replenishment project is clearly THE issue. I am greatly disappointed that you do not want to spend all of your available time working on this. Who cares what the Zoning Codes are if one is left with a non-build able lot after the next big storm? May I sadly suggest that the new zoning code ordinance may be a moot point in the near future for some of us? It is quite irresponsible of you to take on such a large and non-essential project right now when you should be working 100% of the time on getting our beach replenished. It's also very selfish. Wake up and do your job before the only thing left standing in Harvey Cedars is the water tower. Sincerely, Wendy Mae Chambers 13 E. 75th St. oceanfront home owner