Impasse Between Massachusetts Avenue Developer, Landowner on Drainage Easement Issue

Ocean County will obtain a drainage easement its Planning Board is requiring as a condition for the development of Wheaten Estates off Massachusetts Avenue in Toms River.

The developer and an adjoining property owner have been unable to reach an agreement about the easement which county officials and the developer say is “both desirable and necessary to accommodate proposed regional drainage systems,’’ according to the agreement approved by the county’s freeholders.

As a result of the impasse, the county will obtain the easement at the expense of the developer, Mark Properties LLC and Jeffrey R. Jerman of 1500 River Avenue, Lakewood. The property where the easement is proposed is owned by the Jesus is Lord Fellowship, according to the a map of the easement by William A. Stevens, a Lakewood professional engineer and planner.

The developer will pay all the costs of the easement from a $13,000 deposit made in March of 2005. If the easement costs more than that, the developer will pay the difference. If it costs less, the developer will get a refund. The proposed easement is 20 feet wide and 143 feet long.