By MADDY VITALE
The owner of the building that serves as the Ocean City eatery Sand House Kitchen was given a second chance to work out a plan with the Zoning Office to elevate the restaurant to protect it from coastal storms.
The restaurant, which dates to the 1940s, is situated directly on the beach at 9 Beach Road amid a residential neighborhood. The use was grandfathered in long ago and the restaurant is believed to be the only beachfront property like it on the island.
Robert Himmelstein, owner of the property since 2020, was denied a permit to elevate the building based on a decision by the Zoning Office recently.
On Wednesday, he went before the Zoning Board to state why he should be allowed to raise the property under Superstorm Sandy’s law allowing property owners to elevate their structures above base flood levels.
Assistant Zoning Officer Jessica Fenton had denied the application, noting in her decision that there cannot be an expansion of a property that is already considered a nonconforming use. She ruled that elevation of the restaurant building would be considered an expansion.
But Wednesday, the Zoning Board told Himmelstein that if he makes some changes and works things out to the agreement of the Zoning Office then he may receive an elevation permit.
“After the board heard our testimony appealing the Zoning Officer’s decision, it was discussed that the items we’re appealing should be able to be worked out with the Zoning Officer,” Himmelstein said in an interview.
“We are going back to the Zoning Officer to work out the final details to obtain a building permit to raise the restaurant,” he said, noting that the Zoning Board did not take a vote on the matter. “The Zoning Board said we could come back if necessary.”
He said the two areas, specifically, that he must address before any permit would be issued are as follows:
- Remove the storage underneath.
- Remove the steps while keeping the handicap-accessible ramp.
Some people attended the Zoning Board meeting in support of elevating the restaurant, Himmelstein said.
He also said that an attorney attended the meeting on behalf of 17 neighbors living within 200 feet of the restaurant who have concerns about the restaurant and any plans involving it.
An attorney from the law firm of Abe Rappaport in Totowa, N.J., representing the neighbors, could not be reached for comment Thursday.
According to a letter to the Zoning Office from the law firm signed by lawyer Jeffrey Kantowitz, some residents have many concerns.
He said that the residents felt that the Zoning Office was correct in denying the application to elevate the building.
The residents would like more information about the total footprint of the building, a traffic expert, and other aspects of the property, including decks, patios and ramps, before they feel satisfied that any work should be done at the site.
“Our evidence shows that this property was used as a beach grill, based on the permission the Zoning Board granted in April 1945 for the beach grill’s rebuild following the flood of 1944,” the letter states. “It served as a convenience for beachgoers, to get refreshment (a drink, or an item of food), while enjoying a day at the beach. Yet, as reflected in its website, menu, and other evidence, the applicant’s use is now a point of destination as a full-service restaurant with a wide-ranging menu.”
Himmelstein leases the building to Robert Idell, a restauranteur in town who opened it as the Sand House Kitchen in June of 2021.
Before Himmelstein purchased the property, it was leased to Angelo DiBartolo and Jim Aller and operated as North End Grill for many years under the former owner, Vince Hubach.
“The building has been a restaurant since the Forties,” Himmelstein said. “Ocean City needs good businesses and restaurants.”
He said he spoke with some of the residents who were opposed to elevating the building.
Himmelstein is a second homeowner in Ocean City. He is also the owner of Surfside Casual Furniture in Somers Point and in Fort Myers Beach, Fla.
His Florida store was destroyed by Hurricane Ian in September.
“I spoke to a few of the neighbors that were opposing the lifting of the restaurant since it will block their view,” he said. “I showed them pictures of our Surfside Casual Furniture store that was hit with an 18-to-20 foot storm surge in Fort Myers beach from Hurricane Ian in September.”
Himmelstein said the neighbors didn’t believe him when he said it is “inevitable that we will get hit with a major hurricane or a nor’easter at some point in time and that we are going to be ready.”
“They may not like me now, but when the big one — storm — comes and the higher dunes with the lifted restaurant protect their homes, and then maybe we will be appreciated more,” he said.
