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Faced with an overflow crowd of over 150 people, and a defect in the publishing of a legal notice, the Loch Arbour Board of Commissioners Monday night postponed a public hearing on an ordinance authorizing the village to purchase 4.8 acres of beachfront.

The commissioner’s meeting room has a capacity of only 40 people. The remainder of the crowd waited outside [above] for a turn to attend the meeting as space was available when others left the room.

The land is owned by Jack and Joyce Kassin, who purchased the property in 1995. 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.

The commissioners voted 3-0 to reschedule the hearing for a special meeting on Monday, Sept. 11 at 6:00 p.m. in the Allenhurst firehouse at 318 Hume Street. The capacity of the firehouse is approximately 200, said Mayor Paul Fernicola. During that meeting, the commissioners will also conduct regular village business, Fernicola said.

The village sent the legal notice of the Aug. 19 hearing date, as well as the full ordinance, to be published in the village’s two legal newspapers, according to Village Attorney Guy Ryan. One newspaper failed to print the full ordinance, as required, and Ryan advised the commissioners to postpone action to allow proper publication.

Only after holding a public hearing may the commissioners vote on an ordinance.

The ordinance authorizes the use of eminent domain if negotiations to purchase the property fail. The availability of Hurricane Sandy recovery funds for property acquisition by municipalities gives Loch Arbour the opportunity to explore the purchase, Fernicola said. At its last meeting, the commissioners hired a consultant to advise on the availability of such funds.

“We are exploring the potential of acquiring the property,” Fernicola said at the meeting. Passage of the ordinance is not a commitment to purchase the land, he said.

The property is located at the village’s border with Asbury Park, near the area in the city known as Bradley Cove.

After postponing the hearing on the ordinance, the village opened the meeting for general public comment — most of which ended up touching on the land acquisition issue.

The crowd who appeared, and those who spoke at the meeting, were overwhelmingly opposed to the taking of the property. Speakers praised Jack Kassin for his charitable activities, as well as making the property available for charitable use.

Others expressed concern with the costs to the village, as well as objecting to the taking of private land. The crowd and anti-acquisition speakers were a mix of full-time and summer Loch Arbour residents, as well as those from nearby towns.

Three speakers spoke in favor of the purchase.

Paul Williams, Loch Arbour, a former elected official in the village, supported acquisition and was critical of his prior experiences with Kassin, citing lengthly litigation involving beach access at the property.

Robert Fernicola, Allenhurst, said the village should have purchased the land when it came up for sale 20 years ago. The municipality should not have a private owner of two-thirds of its beachfront, he said.

“The overriding public interest here is to have a beach for use by the public,” said Fernicola.

Also speaking in favor of acquisition was Frank Remondelli, Loch Arbour.

“Everyone in the community should be allowed to go to the beach,” said Remondelli. “In the common good for everyone in our commnunity, we should have the beach for all of us to use and enjoy.”

Click here for a prior Sun story on the issue of the purchase of the Kassin beach.

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