Village Sand Dune To Come Tumbling Down
By ANDREW CANGIANO
In a split decision, the Loch Arbour Planning Board has voted against a variance which would have allowed private beach owner Jack Kassin to leave a sand dune on his beachfront property.
The matter came before the board after resident Sophie Bubis filed a lawsuit against Kassin, claiming the dune he had built on his property blocked her view of the Ocean.
A New Jersey court ruled that the dune qualified as a fence, which meant it could be no higher than six feet, including foliage. As a result Kassin applied for a variance to allow a modified dune to remain on the beachfront.
The 6-3 vote came after seven months of arguments and testimony from both sides on the issue, said planning board chair Thomas Collins, who voted in favor of allowing the dune to remain – albeit at a modified height.
Collins said that while he thinks the current dune – which he said is roughly 17 or 18 feet above sea level – is ugly, he believes allowing a smaller, modified dune to remain would help protect against beach erosion.
I feel that some protection is valid and thats basically how I voted, he said.
Collins said that he could have voted from a selfish standpoint and voted against the variance – as the dune blocks a direct view of the Ocean from his own home – but said he tried to do what was best for the village.
I really feel that the town would benefit from having a nice dune – not whats there, he said.
While Collins did not agree with the majoritys choice to deny Kassin the variance for his dune, the chairman said he will honor the boards decision.
I trust the board, he said.
Bubis, who has been involved in litigation with Kassin for about a decade over access to his private beach, said she is ready for the dune to come down so she can have a view of the Ocean.
Im looking forward to it, Bubis said about being able to see the ocean. The way I used to.
Bubis said she was relieved by the planning boards decision because she had been under stress as a result of the ongoing deliberations.
She said that had the variance been granted to Kassin, it would have taken years more in court to appeal the decision.
Im not getting any younger, she said. Its a relief.
Bubis said her attorney recently informed her that the ongoing battle over access to Kassins beach would likely not come before Judge Alexander Lehrer until December.
She said she plans to file another lawsuit against Kassin because she claims his employees harrassed her a number of times while she was on the beach.
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