By MADDY VITALE
A popular eatery in an unusual location in Ocean City has been the source of controversy over the years.
The restaurant, which has had several names, most recently Sand House Kitchen, is located in a building that dates to the 1940s. It is situated directly on the beach at 9 Beach Road within a residential neighborhood and is believed to be the only property like it on the island.
Robert Himmelstein, owner of the building since 2020, leases the property to Robert Idell, a restaurateur in town who opened it as the Sand House Kitchen in June of 2021. Previously, the restaurant had operated as the North End Beach Grill. In the 1970s, it was known as Richard’s.
After going to the Zoning Office, Himmelstein was initially denied approval for a permit to elevate the property. But after appealing, he received the green light on Dec. 11 to raise it for protection against coastal storms. The plan is to have the property elevated for the summer of 2024.
“They are starting next week to move the building to install new pilings. Then the building will be put back on top of the new pilings,” Himmelstein said in an interview.
While the use of the building as a restaurant was grandfathered in many years ago, neighbors have complained that it doesn’t belong in their neighborhood. Others enjoy the restaurant and the convenient location when they are lounging on the beach and want a snack or refreshment.
“Having Sand House Kitchen providing breakfast and lunch on the beach is a wonderful service provided to Ocean City visitors and owners that dine with them,” Himmelstein said. “It is a very unique place and the only place of its kind on the entire Jersey Shore.”
In February, Himmelstein was denied a permit to elevate the building based on a decision by the Zoning Office.
Himmelstein argued, through his attorney, that the move to raise the building was vital to preserving the property and protecting it from storms. He pointed to Superstorm Sandy’s law allowing property owners to elevate their structures above base flood levels.
The Zoning Board agreed.
But first, Himmelstein had to make two changes: Remove the storage underneath and remove the steps, while keeping the handicap-accessible ramp.
Himmelstein said both requirements were met.
The city’s Zoning Office also allowed Himmelstein to lift the decks after experts hired by Himmelstein were able to prove that they were part of the structure.
“We were also able to lift the restaurant higher after proving the direction of our beams and that we were in the zone closest to the beach,” Himmelstein said.
While Himmelstein was pleased with the issuance of the permit this month for elevating the structure, some of the neighbors in the area around the restaurant were not, he said.
The property continues to draw criticism from residents in the neighborhood who don’t want any business there, he said.
“The neighbors have told me they are concerned with the overall appearance of the property, along with traffic, delivery trucks and, most of all, their views to the beach and ocean,” Himmelstein noted.
Initially, Himmelstein had a more expansive vision for the property than to elevate it.
“One plan was a new restaurant with a pool and public bathrooms underneath. I offered the Community Center the use of the pool and the city the use of the public bathrooms. The other plan was just to lift the existing structure,” he explained. “I went to the neighbors and showed them the two plans. The neighbors told me that they did not want either plan.”
Before Himmelstein purchased the property, it was leased to Angelo DiBartolo and Jim Aller and operated as North End Beach Grill for many years under the former owner, Vince Hubach.
Himmelstein said there continues to be some hurdles to overcome.
After he received Zoning Office approval, 17 neighbors hired a lawyer to appeal the decision.
The Zoning Board heard the appeal on Oct. 25 and denied it, Himmelstein said. He said the lawyer representing the neighbors may appeal the Zoning Board’s decision.
Himmelstein hopes that elevating the building will help preserve it.
“The restaurant on the beach has been there for over 80 years,” he said. “Lifting the restaurant is important to make sure that the property continues to exist and for the operations to continue for many years to come.”
