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In a brief responding to the local Littoral Society’s beach access lawsuit against the borough, Deal Business Administrator Stephen Carasia maintains Neptune Avenue is not a pedestrian access point.

“Contrary to the plaintiff’s recitations, Neptune Avenue is not a pedestrian ‘access point’ as identified on the Borough of Deal’s Municipal Public Access Plan submitted by the borough to the New Jersey Dept. of Environmental Protection,” the brief reads.

The American Littoral Society’s lawsuit against the borough aims to protect public beach access in the 1.2 square mile community, Executive Director Tim Dillingham has said. The lawsuit comes on the heels of the Board of Commissioners’ approval to vacate the Neptune Avenue access to facilitate a $1 million sale to waterfront developer ICC Neptune Avenue.

“Public access to the beaches and tidal waterfronts of our state is constantly under attack,” Dillingham said in a written statement. “We are taking this action to prevent the loss of this important public accessway to the beach, and to ensure that other towns aren’t tempted to sell off the public’s rights to the highest bidder.”

The beach access point is used by the general public, fishermen and surfers to access the beach for recreational uses, local environmental advocates have argued. Included as a public beach access point on the State Dept of Environmental Protection’s [DEP] website, beachgoers regularly park on the easterly end of the street, the lawsuit maintains.

But Carasia said a no parking ban was in effect prior to the street vacation agreement.

“Contrary to Plaintiff’s allegations, parking was always prohibited on this portion of Neptune Avenue,” he said.

Carasia’s written statement further maintains that Neptune Avenue is identified as a visual access point only, meaning no physical beach access was ever developed at the street’s end.

“The Borough never constructed any improvements except for a narrow strip of blacktop on which public parking is prohibited, a wooden safety barrier, and a sidewalk running parallel to the southerly side,” he stated.

Borough Attorney Paul Fernicola said in his responding brief that the Borough did not vacate the street in its entirety.

In order to maintain the existing public sidewalk leading to the top of the bulkhead and the existing view, the Borough retained ownership of a 12-foot wide strip of land along the southern sideline, he said. In addition, the Borough shall preserve the existing view by restricting any hedge growth higher than two-feet.

“As the existing status quo will not be disturbed by the vacation of Neptune Avenue, it is unnecessary for the Court to impose any temporary restrains of preliminary injunction upon the Borough,” Fernicola said.

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