Beach Haven land use board carries application to May 5; solicitor warns about recusal rules

Beach Haven’s Land Use Board on April 7 carried Application 2025-01 to the board’s May 5, 2025 meeting and discussed when members must step aside from hearings.

The board’s Solicitor announced that the applicant asked to carry the case and "they've waived any action dates," meaning the application will be heard on May 5 and will be renoticed in compliance with the Municipal Land Use Law, the Solicitor said. "Because sometimes people, especially if it's a contested application, will claim that there's an undue influence if the class 1 and class 3 member are in the audience," the Solicitor warned, urging caution about participation by members who are required to be excluded.

The Solicitor explained that when the board must "reconstitute as a zoning" body for matters involving d variances, certain members cannot participate on the dais: "It may be better, but they certainly can... sit in the audience if they'd like," the Solicitor said, adding that excluded members retain the rights of residents and taxpayers to attend and speak from the audience but cannot sit on the dais or vote.

Chair opened the meeting and led routine business, including a reminder about member responsibilities: "You need to get your cybersecurity and your financial statements done," the Chair said, noting that annual financial filings are typically unchanged unless a member has purchased additional property.

The board approved the minutes and bills by voice roll-call; the Chair called for approval and members responded "Yay." With no new business, the Solicitor moved to adjourn and the board closed the meeting until next month.

The meeting record includes a formal notice read under the New Jersey Open Public Meetings Act and reference to the Municipal Land Use Law (MLUL). The clerk called roll; Missus Parker and Mister Acello were recorded as not present.