View of Avalon's high dune system from beach.

AVALON — Concerned residents crowded Avalon Borough Hall May 27 to object to an application to expand and add a pool to a property located in the high dune system.

Final decision comes down to council, after recommendations from the combined Planning/Zoning Board, which serves only as an advisory board since council passed a resolution demoting its authority at council’s meeting May 5.

Nearly a full-capacity crowd of about 50 residents attended the public hearing and voiced an array of concerns from ecological impact to property value decline in opposition of allowing a larger structure on the high dunes.

Solicitor Stephen Barse said issues began in 2006 when the applicant at 5109 Dune Drive requested to develop the property and initiated litigation to not have to adhere to the borough’s Beach Protection Ordinance, a set of protection regulations established by the borough to supplement the Department of Environmental Protection’s Coastal Area Facility Review Act (CAFRA.)

The applicant challenged the validity of the borough’s ordinance, arguing that beach and dune protection is already litigated by the DEP.

Appellate Court Judge Steven Perskie decided CAFRA statute does not preempt the borough’s ordinance, which eliminated pools as an accessory use in an R-1AA residential zone, where the property in dispute is located near 52nd Street.

The property is for sale at $14 million on realtor Web sites.

The applicant was approved for a CAFRA permit to expand the first and second floors and install a pool and now seeks a construction permit. The applicant entered into a “mediation agreement” with the DEP not to exceed 4,200 square feet, Councilman Charles Covington explained.

State Attorney General Stuart Rabner stated that the “DEP will defer to Avalon in connection the proposed construction of a swimming pool…DEP will not take any enforcement action against Avalon under the 1994 State Aid Agreement. It is ultimately Avalon’s decision whether or not to grant this permit for construction…it is the DEP’s position that municipalities can be more stringent than CAFRA in terms of permitting developments,” in a letter to the borough’s attorney dated March 26, 2007.

Renowned coastal experts Dr. Stewart Ferrell and Dr. Richard Wagel testified that the property is storm-proof at the Planning/Zoning Board hearing April 7.

Members of Save Avalon’s Dunes (SAD), a volunteer group with the mission to “conserve and protect from development on Avalon’s unique high dunes,” spoke in opposition to the project.

Dan O’Connor of SAD said Avalon’s dunes are “the only place in New Jersey where the dunes naturally reach a summit of 50 feet.” He said a larger structure would degrade the view of the dunes from the beach.

He noted dunes serve to protect all borough property and increase their value, which generates high tax revenue.

“You frown on people walking on the dunes but you will allow a pool to be built on them,” O’Connor quipped to council. “The borough has a Beach Protection Ordinance by name only, because it is so toothless.”

“Council should enforce its Beach Protection Ordinance because if the law isn’t upheld, that area could be lost forever,” another resident said. “Property rights are important but the dune system is an asset to all residents.”

Resident Rachael Green said council should “humbly adhere to the law.”

Elaine Scattergood said the maritime forest would lose vegetation, habitat and resources with increased predation, if the structure in the dunes were expanded. She said the dunes are home to several state and federally endangered birds and brings ecotourism income to the community.

A concerned taxpayer said the borough has spent a ton in legal fees to hire legal expertise for council, planning and zoning boards to uphold the law.

He reminded council that taxpayers have spent thousands of dollars to protect dunes and wildlife.

There was no action taken. Council has 30 days to make a decision and will likely vote on the resolution at its next regular meeting.

Contact Truluck at (609) 886-8600 ext. 24 or at: ltruluck@cmcherald.com.