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Board approves amended site plan for 400 North Bay after applicant removes pavers; loading‑zone variance remains
Summary
Beach Haven’s land‑use board approved an amended site plan for 400 North Bay (Jersey Girl), granting a loading‑zone width variance but requiring the applicant to remove three feet of pavers so impervious coverage stays at the prior 94.9%. Neighbors raised complaints about prior enforcement, trash, lighting and noise; the owner pledged fixes.
The Beach Haven Joint Land Use Board approved an amended site plan for 400 North Bay Avenue — the mixed commercial/residential property housing Jersey Girl Grill and Market — after the applicant amended the application to remove a narrow strip of pavers, preserving the site’s existing impervious coverage and leaving only a loading‑zone width variance to be granted.
Attorney James Raven told the board the applicant’s requested changes include shifting a walk‑in refrigeration box about 2.3 feet toward Station Plaza to permit the cooler doors to open adjacent to the building; constructing an exterior deck and stairs to serve two previously approved one‑bedroom apartments on the second floor; and adding a small unfinished storage area that would also serve sprinklers. Engineer James Bzowski estimated the proposed steps and storage would add roughly 122 square feet of impervious surface (raising impervious area from 94.9% to 96.2%) and shrink the required loading‑zone width from 15 feet to 13.2 feet.
Several neighbors spoke at the public hearing, pressing enforcement and site‑management concerns. Ken Muha, who said he lives at 310 Station Plaza, alleged a pattern of temporary certificates of occupancy and unresolved violations, calling the recent history around the property “a lot of smoke and mirrors” and citing past fines and citations. Jean Mantoano and other neighbors described nuisance lighting that shines into homes after business hours, frequent delivery trucks and smells/noise from ventilation fans. Muha and others urged the board to scrutinize long‑running maintenance and trash problems.
Owner Robert Duffy and Jersey Girl’s operator (testifying as Mr. May) acknowledged some past maintenance issues and said they have been addressing problems. The applicant agreed to retrofitted lights, to work with borough reviewers on vent/stack and sprinkler issues, and to replace or repair the dumpster enclosure and gates. Duffy said the changes to the rear circulation and the cooler orientation are intended to separate restaurant operations from residential access and to make deliveries and storage more efficient.
During deliberations the applicant agreed to remove a three‑foot strip of permeable pavers along the north property line (the outdoor dining area) so the net impervious coverage would remain at the existing 94.9% and eliminate the need for an impervious‑coverage variance. That amendment left the loading‑zone width as the only variance: the board granted a loading zone of 13.2 by 30 feet where 15 by 30 feet is required, finding (with conditions) that the reduced width would function in practice given the depressed curb and usable area in Station Plaza.
The board attached conditions requiring the applicant to work with the borough’s reviewer and building department on vent‑stack location, attic/sprinkler requirements for storage, and to install shields/timers or other mitigations for exterior lighting so neighbors are not adversely affected. The motion to approve the amended site plan carried on roll call with six members in favor and three opposed.
Because several public commenters raised enforcement and maintenance history, borough enforcement staff and the building department will retain responsibility for code enforcement and any outstanding violations; the land‑use approval does not nullify enforcement actions or replace building‑department review.
