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An ordinance setting paid beach access guidelines in Deal does not apply to waterfront residents, Mayor Sam Cohen told News 12 New Jersey.

Cohen told the public broadcast station that “the free beach access only applies to a handful of homeowners who already have private beach entrances. He says that he believes it doesn’t make sense to charge them.”

But Surfrider Co Chair and Citizens in Opposition to Beach Restrictive Access [COBRA] member Andrew Chambarry does not agree.

The Asbury Park resident, a lawyer with Woodbridge-based Gill and Chamas, crafted a letter Wednesday, calling for the ‘illegal and discriminatory’ practice to stop.

“The letter was in response to information we got,” Chambarry told the Sun in a Wednesday telephone interview. He said the municipality is allowing waterfront property owners the right to bypass the $150 seasonal badge fee others must pay.

“This is not only a handout but it is discriminatory and unfair for those who don’t live on the beach,” Chambarry said.

Calls and emails sent to the municipality and the mayor were not returned at the time of this posting.

Chambarry said according to financial statement they received through the Open Public Rights Act, the borough receipts show 10 season passes were sold in 2017. The beach utility showed a profit of $30,483; and the borough spent $8,646 to maintain the beach.

Cohen told News 12 New Jersey that “if the plan is proven to be illegal, he will deal with it. He says that until then, there are no plans to change the policy.”

There is a history of beach access debates stemming back to the early 1980’s:

In the 1980’s and 1990’s, the Borough vacated easements on numerous street ends leading to the beach, thereby restricting public access to its beaches.

In 1994, the Surfrider Foundation and a local surfer, who was ticketed for violating a town ordinance, successfully sued the Borough for violating the public trust doctrine.

In January 2015, the U.S. Army Corps of Engineers, New York District awarded a $38 million contract to Manson Construction Company to replenish beaches, reconstruct storm water outfalls and implement modifications from Elberon to Loch Arbor. The project was publically funded through the 2013 Disaster Relief Appropriations Act.

In October 2015, the Borough put forth an ordinance to restrict parking on six oceanfront streets 8 a.m. to 8 p.m. from May 1 to October 31. Residents living on those streets would be issued permits. The ordinance was tabled after overwhelming public opposition.

In June 2016, the Borough introduced an ordinance to implement permit parking on one side of five streets in the waterfront. It too was tabled after public opposition.

In April 2017, the Borough introduced an ordinance to require permit parking during the summer months at a cost of $100 for the season or $50 per month. It was tabled.

In June 2017, the Borough passed an Ordinance to created the Hathaway Avenue municipal beach and established a $150 seasonal badge and daily fees.

[Photos courtesy of Surfrider Foundation]

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