By DONALD WITTKOWSKI
Sea Isle City is buying bayfront property to settle a lawsuit filed in 2019 after the owners were denied zoning approval to build a home in a wetlands conservation zone.
City Council introduced an ordinance Tuesday to finance the purchase of two lots at the bay end of 81st Street owned by Shirley A. Kling and Terrance L. Crowley.
The city is contributing $250,000 and adjoining neighbors will kick in $50,000 for a total package of $300,000 to buy the land, City Solicitor Paul Baldini said.
“That package was agreed to by the lot owners and the litigation was settled on that basis,” he said during the Council meeting.
Baldini noted that Kling and Crowley originally had sought a buyout of $875,000.
Once the purchase is completed, the city will take ownership of the two properties and they will be deed-restricted as a conservation easement to protect them from development, Baldini said.
Tucked behind tall marsh reeds at the end of 81st Street, the two lots are essentially muddy, nondescript property overlooking the back bays.
While the city considers part of the property to be within a wetlands conservation zone protected from housing construction, Kling and Crowley wanted to use half of the land to build a vacation home.
The lot that Kling and Crowley had proposed to develop for their home is unusual because half of it is zoned for housing construction, while the other half lies within the wetlands conservation area.
Under Sea Isle’s zoning laws, areas that are designated for wetlands conservation are restricted to “recreational fishing and crabbing, boating, passive recreation and environmental study.” Home construction is not allowed in those areas.
Kling and Crowley had sought a variance from Sea Isle’s zoning board in 2019 to build the house within the wetlands conservation zone, but it was denied by a 5-1 vote.
The zoning board refused to grant the variance after expressing concerns about flooding in the neighborhood. Board members also said they did not want to set a precedent by allowing a new home to be built in a wetlands conservation area.
During the zoning board meeting, opponents who live in the surrounding neighborhood testified against the proposed home. They expressed fear that the project would harm the environment and exacerbate flooding in the neighborhood.
Kling and Crowley, whose families have owned the property since 1957, had argued that their project “satisfied all criteria” for a variance and would not have a negative impact on wetlands, flooding, threatened or endangered wildlife or other environmental concerns.
After they were turned down, they filed a lawsuit in 2019 that alleged the zoning board was “arbitrary, capricious and unreasonable” in its decision to reject the variance. They asked a Superior Court judge to overturn the board’s ruling, but their appeal was denied.
In addition to naming the zoning board in their suit, Kling and Crowley also sued the city of Sea Isle. That part of the litigation focused on an issue known as “inverse condemnation.” It is a legal term to describe when government takes private property but fails to pay the required “just compensation” for the land.
However, the settlement also ends the inverse condemnation claim, Baldini said.
The city is discussing the possibility of building a small kayak launch site on the property, including a ramp that would give public access to the bay waters in Townsends Inlet, Baldini said in an earlier interview.
In other business Tuesday, Council gave final approval to an ordinance that lowers the speed limit on 42nd Place from 25 mph to 15 mph. The city has also built two slightly raised “speed humps” on the road to force motorists to slow down.
The city is looking to slow down traffic on 42nd Place as it prepares for the opening on Memorial Day weekend of seven new pickleball courts. Pickleball is a popular sport in Sea Isle and the new courts are expected to generate extra activity – and traffic – on 42nd Place.
Although 42nd Place isn’t a long road, it is a popular route in summer because it serves Sea Isle’s marina, a public boat ramp, a large municipal parking lot and the waterfront restaurants located in the city’s historic Fish Alley neighborhood.
Also Tuesday, Council delayed a vote on the place-to-place transfer of a liquor license from 42nd Place Liquor LLC to 4000 Landis Avenue for the LaCosta Beach Bar. The transfer will be considered during a special Council meeting 10 a.m. Friday at City Hall.
A vote was put off after a series of legal issues were raised about the liquor license transfer. The former LaCosta Lounge is being rebranded as the LaCosta Beach Bar under new ownership. The bar’s reopening is scheduled for Memorial Day weekend provided there are no hang-ups with the liquor license transfer.
