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Action on an ordinance authorizing Loch Arbour to purchase a 4.8 acre beachfront tract was tabled last night by the Board of Commissioners until its Oct. 9 meeting.

The property is owned by Jack and Joyce Kassin, who purchased the land in 1995. The property [shown above in center of photo and to the left] is located on the village’s border with Asbury Park, near an area known as Bradley Cove.

The ordinance authorizing the purchase states its public purpose is expanding the village-owned beach, as well as for land conservation and storm protection. Jack Kassin has stated he is unwilling to voluntarily sell the property, which his family uses as a private beach club.

At last night’s meeting, Mayor Paul V. Fernicola said the village and attorneys for the Kassins have been working on a compromise, and more time is required for the discussions. Part of the negotiations involve the village obtaining an easement on the property allowing the federal government entry to undertake beach replenishment on the tract.

Obtaining the easement is a requirement to be included in the beach replenishment project, Fernicola said. If the easement cannot be acquired through negotiations, the village has the power to obtain it by eminent domain, he said.

“We cannot afford not to be included in the beach replenishment project,” Fernicola said at last night’s meeting.

The ordinance that was tabled last night would authorize the village to acquire the full property by eminent domain or just the easement for the beach replenishment project, he said.

“When you have an ordinance to condemn the entire property, you can always take a lesser interest such as an easement,” said Fernicola, an attorney who specializes in eminent domain law.

The Kassins’ attorney, Lawrence Shapiro, said that the discussions with the village have been productive.

“We’ve had cordial meetings to date and we’re hopeful that they’ll continue,” Shapiro said. “And we have every reason to think they will.”

At last night’s meeting, Fernicola read the following statement:

The attorneys for the Village of Loch Arbour and for Mr. and Mrs. Kassin have met for the purpose of discussing a potential resolution of the village’s need to acquire an easement for the beach replenishment project and the village’s introduction of an ordinance to acquire the property known as Kassin beach.

At this time, no resolution of this matter has been reached, but Ordinance 2013-391 has been tabled until the October meeting in order to give the parties additional time to discuss the matter in hopes of reaching an amicable resolution which is satisfactory to both sides and avoids unnecessary expense or delay. In the event a proposed resolution is reached, it would become public at a future meeting of the commissioners and be subject to public comment at that time.

The commissioners also voted to schedule a special meeting on Sept. 23 to hold a closed executive session to discuss the status of the negotiations regarding the property.

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