Fuel Tank Removed from Avalon Marina

AVALON – Although Avalon borough’s litigation is still open regarding Travis Marshall’s plans to develop the Avalon Anchorage Marina, Marshall has begun the process of removing the fuel tank that is the object of one of the borough’s demands. Marshall said removing the tank “Is the first step in the development of the marina.”
“I removed it with no settlement,” said Marshall. “I have always been worried about this tank being under saltwater,” he added. Marshall indicated that the tank posed an environmental danger. “I can now breathe a lot easier knowing that this underground storage tank has been removed from this beautiful site.”
Marshall said that he and contractor, Active Environmental Technologies & Consulting, got all necessary permits from the state Department of Environmental Protection. “This is 100 percent legit,” he said.
Marshall bought the Avalon Anchorage Marina in 2012 only to discover after the sale that the borough expected him to develop certain public amenities, the agreement for which the borough stated was instrumental in achieving approval for vacating part of 20th Street with the previous owner.
Marshall said that the borough’s claims were never properly entered as a restriction on the property and that his purchase of the land was free of any requirements to install the amenities, one of which was the preservation of a fuel dock.
Litigation ensued. Marshall won his case in New Jersey Superior Court.
The borough appealed, and again the courts sided with Marshall. In June, Avalon Borough Council approved a resolution permitting the borough’s attorney to file a petition with the state Supreme Court.
Held up on approvals for his development plans by the Planning Board, Marshall sued the board to compel a decision given his successful court rulings.
That litigation is in settlement talks which the borough has joined seeking a settlement to its litigation as well.
Today Marshall began the process of removing the tank, making it clear that he will not agree to maintain a fuel dock at the marina. What impact that action may have, if any, on the settlement discussions is not clear.
Avalon Business Administrator Scott Wahl said the borough had no comment.
To contact Vince Conti, email vconti@cmcherald.com.