Save Asbury’s Waterfront Requests City Reopen Beach Club Application
Group says current plan jeopardizes federal flood insurance program
The Save Asbury’s Waterfront (SAW) group has issued a statement regarding the compliance of a controversial boardwalk beach club — approved by the Planning Board earlier this month — with National Flood Insurance Program (NPIP) standards.
SAW states that the “approval of the application in its current form might jeopardize the City’s participation in national flood insurance.” As a result, SAW’s attorney submitted a request to the Planning Board and the City Clerk to reopen the application.
Meanwhile, the city earlier this week issued its own statement on the issue “clarifying” what it says is “misinformation” reported in the media on FEMA and the beach club. The city’s statement can be read here.
The following is the full statement issued by SAW on reopening the application, as well as the approval’s compliance with federal flood insurance standards:
After almost 3 years of vocal public opposition, the Planning Board approved Asbury Partner’s LLC’s application for a private beach club on June 7, 2021. The next day, Save Asbury’s Waterfront (SAW) submitted document requests to the City under the Open Public Records Act. On June 10, 2021 the City fulfilled the request and provided correspondence showing that City officials were cautioned by Federal Emergency Management Agency (FEMA) that the application appeared to be out of compliance with the National Flood Insurance Program (NPIP) standards, and that approval of the application in its current form might jeopardize the City’s participation in national flood insurance.
SAW’s attorney, Stuart Lieberman, submitted a request on June 15th to the Planning Board and the City Clerk to reopen and reconsider the application, stating, “In its original consideration, the Board lacked critical facts from FEMA about the danger of losing flood insurance for the entire City……Without knowing about the risks FEMA raised, the Board could not and did not make an informed decision.”
“It seems improper for the planning board to approve anything that violates federal law. This planning board is very thorough. They spent 6 months debating a fence design. It seems reasonable to think that this board would also want to evaluate the consequences of a site plan application that does not appear to comply with National Flood Insurance Program requirements,” remarked Kerry Margaret Butch, SAW supporter and Deal Lake Drive resident.
SAW is a group of concerned community members residing in and around the City of Asbury Park. “SAW has long been concerned about the access and inclusion issues involving the beach club, as well as environmental concerns about building a project in a high-velocity flood zone,” said Kathleen Mumma, an Asbury Park resident and SAW co-founder. “It appears that FEMA shares some of those concerns.”
Marianne Luhrs, Regional Flood Insurance Liaison, Floodplain Management and Insurance, Federal Emergency Management Agency wrote to City officials and underscored, “From the documents available, it is not possible to unequivocally state that the proposal is compliant with the applicable NFIP construction standards. In fact, it looks like aspects of the proposal, as currently depicted, do not comply.”
“Although we recognize the proposed project has already received approvals from New Jersey Department of Environmental Protection…..participating communities that fail to adhere to NFIP standards may be subject to Probation or Suspension,” warned Scott V. Duell, Chief, Floodplain Management and Insurance Branch, FEMA.
The City of Asbury Park released a statement claiming that FEMA, “did not threaten to put the City on probation, instead it merely explained the features of the FEMA Flood Insurance Program and requested information.” Additionally, that “Donna Vieiro, City Manager, timely replied to the request by letter dated April 12, 2021. The letter explained that the review by the City for compliance with the National Flood Insurance Program was premature because the construction plans had not yet been submitted to the City Construction Department.” More of the statement can be viewed at: https://www.cityofasburypark.com/CivicAlerts.aspx?AID=1392
Eighth Avenue resident and multi-family unit owner Katherine Healey lamented, “This recent uncovering of FEMA correspondence with the City leaves me with a lot of questions. As someone who had friends and family members need to rebuild their lives after Sandy, I know firsthand the importance of flood insurance in a coastal area. Our home currently benefits from the NFIP and I cannot imagine what we would do in a natural disaster without it. But I am also curious what a city losing its right to flood insurance looks like. If city land and public property is damaged in a storm, who pays for those repairs without flood insurance? Seems like it would be the tax payers. And what happens to the businesses and historic buildings along the boardwalk? Who will bail them out after a disaster? It all seems too big to risk.”
The fact that these documents are just now coming to light have community members feeling uncomfortable. “We were in it to stop an exclusive private beach club in Asbury Park. I hope our trust was not broken by the City not providing the FEMA concerns to SAW and the Planning Board prior to its approval,” voiced Tracy Rogers, Asbury Park’s vocal affordable housing advocate. “The more I contemplate what has occurred, the more serious this breach of trust appears,” expressed Bill Mackolin of Asbury Towers. “In my opinion, this matter is about our elected representatives. We now have our own local edition of America’s anthem: “What did the City know, and when did they know it?”
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