LACEY – A highly anticipated Planning Board meeting regarding the ownership of land underneath the water surrounding the Lacey Elks Lodge has been rescheduled due to an overwhelming public turnout and issues with proper notice.
Originally scheduled for March 10, 2025, the meeting will now take place on April 14, 2025, at 6:30 p.m. at the Charles A. Smith Community Center, 15 East Lacey Road, Forked River. The move ensures adequate space for residents, after the initial hearing exceeded the township meeting room’s 125-person capacity, with people forced to stand in the hallway.
Beyond the overcrowding, Planning Board Attorney Terry Brady clarified that the meeting could not proceed due to deficiencies in the legal notices sent to residents.
“There’s clearly an issue about the number of people in this room and the number of people outside,” Brady explained. “But more importantly, notice deficiencies are a jurisdictional issue. Any irregularity means the board does not have the authority to act on an application unless the notices are absolutely correct.”
Attorney Harry Levin, representing the Lacey Elks, acknowledged the irregularities and agreed to postpone the hearing. Residents who are required to be notified must be within 200 feet of the property requested for subdivision. Approximately 378 homes are believed to be impacted by the application, with some on lagoons and others on the river.
Planning Board member Christopher Reid clarified that the town did not cancel the meeting. “This is the Elks application, because the Elks wants to do something with their property, and we, according to the Elks, they’re saying we have the authority to hear it,” Reid stated. “We have the authority to make the decisions. It’s up to the Elks to present that to us. We’re not forcing them to do it, and we didn’t cancel.”
Land Under The Water: A Legacy Of Land Transfers
The core of the dispute lies in the Elks’ ownership of riparian rights for particular properties on the river, as well as the land under the water for those facing lagoons. The claim stems from a series of land transfers initiated by developer Charles Pearl. According to Levin, Pearl transferred upland property – land above the bulkhead – to homeowners, while reserving the land beneath the water for himself, which was later gifted to the Elks.
“The issue came up years ago,” Levin said, “But the public got so angry they dropped it.” He clarified that while the initial proposal occurred around 1980, the deed transferring the rights to the Elks was executed in 1996. The Elks are now considering subdividing these underwater lots and transferring them to the adjacent homeowners, potentially at a cost.
At an April 2024 Lacey Planning Board meeting, Levin presented the Elks proposal without submitting a formal application. He estimated costs of $50 per linear foot for lagoon frontage and $100 per linear foot for riverfront.
In an interview, Levin stated that he is working to create a program for those unable to afford the purchase. The idea is to allow those who justifiably cannot afford to acquire the land under the water or riparian rights to possibly pay when the property is sold.
Levin said the Elks had decided to move ahead with the subdivision for two separate reasons. For one, although there has never been a claim of any time, they were concerned about liability for damages. Secondly, the township has been taxing the Elks for the land that’s under the water. In the last two years, the Elks have been taxed $2,275 by the local government.
Homeowners’ Concerns
Many of the homeowners impacted by the subdivision and the prospect of being asked to buy land or rights they thought were theirs are upset.
“My frustration comes from the fact they’ve turned this into a money grab,” said a source that asked to remain anonymous. “They feel they have the right to make money on this even though they only gave $1 to Charles Pearl.”
The same source said the Elks had been approached in prior years to make the transfer. They refused an offer of a nominal sum suggested to settle the claim.
“That’s part of the misinformation or disinformation that is taking place,” said Levin. “These people all bought waterfront property. And why do you buy a waterfront property? You buy it because you want to put your boat, your jet skis, build a dock, whatever.”
“These people, for reasons that are unclear, bought this land to build a house and never checked into the fact that there was a reservation by Mr. Pearl that the land under the water was reserved for himself initially and then eventually given to the Elks,” Levin added.
Some have suggested creating a homeowner’s association to purchase the whole parcel for a nominal cost. Levin said that a few homeowners have also contacted him ready to sign off on the purchase.
The Lacey Planning Board has called for community cooperation and understanding as the process moves forward to the rescheduled hearing on April 14.
