Waterfront Homeowners Oppose Lacey Elks' Lot Subdivision Proposal

LACEY, NJ — The Lacey Elks Lodge can move forward with a plan to subdivide their six water lots into 362 smaller lots following planning board approval.

It was met by derision and opposition from the impacted waterfront homeowners, who voiced their thoughts in a three-and-a-half hour long meeting so packed that it had to be moved to the Community Center from the Municipal Building.

Harry Levin, the attorney representing the Elks, said that the lodge owns the riparian rights for the riverfront homes, along with the land under the water for the homes on the lagoon. That was given to them in 1996 by developer Charles Pearl.

"We're here in good faith," Levin said. He said the Elks simply didn't want to be responsible for the water any longer. Though nothing has happened, the Elks could be held liable if a tragedy happened on the water, Levin said.

However, those homeowners on the lagoon and the river - many of whom were members of the Elks - said they were never told they didn't have those rights. Some said they had installed things like docks and bulkheads on their property without this rights issue ever coming up. Their biggest concern was that they would have to purchase these rights that they already assumed was theirs.

"A lot of the history of this is a mystery to me," Levin said, emphasizing that the property owners should have been told when they purchased their homes that they did not own the rights to the water.

And while many of the homeowners asked about the potential costs that would come with the selling of the parcels, Levin said those questions were not relevant to the subject at hand.

Committeeman Robert Laureigh, who also sits on the planning board, said that with their approval, "the only thing that will change" is that the Elks will own 362 lots instead of six.

"The application is simply to divide those lots," said Board Attorney Terry Brady. "What they do with those lots after they divide them is between you and them."

Laureigh said the board was "sympathetic" to the residents, though the board focuses on land use, and not what comes next.

"If we all say no, they're still stuck with six big lots," Laureigh said, adding that the Elks could sell those off in chunks.

Levin said he planned to give quitclaim deeds to the homeowners, and was working on a plan to allow those who couldn't afford the purchase to pay when the property is sold eventually. However, no cost estimates were shared.

"You've got to crawl before you can walk," Levin said of discussing any costs. "You got to get approval first."

He said the Elks haven't determined exactly what the next step is.

The board unanimously approved the subdivision, with provisions that the Elks address the affordability issue and that the rights will adhere to the adjacent upland properties.