BARNEGAT – The developer and owner of property located across the street from the Acme on West Bay Avenue has filed a lawsuit against the township Zoning Board for denying a use variance and site plan approval that would have brought a Starbucks to the site.
The legal action, filed by Attorney Ken Davis on behalf of WP Barnegat, LLC, claims the local board made its decision based on what the developer calls “unsupported concerns about alleged increases in off-site traffic and traffic hazards.”
Although a Starbucks already exists within the Acme itself, Starbucks hoped to open a drive-thru and indoor/outdoor standalone building in the shopping center adjacent to the Heritage Bay retirement community. The site was previously owned and initially developed by Barnegat Land Associates and is specifically located at the intersection of West Bay Avenue and Sandpiper Road.
The Zoning Board denied the developer’s application on July 11 after listening to a series of expert witnesses who testified in support of the plan.
One of the issues focused on the prohibition of fast-food restaurants in that area of the township. A drive-through bank was originally planned for the location and met zoning requirements.
According to the lawsuit, the property is part of the Town Center Neighborhood Commercial Overlay Zone which was established as part of the 2011 Master Plan. The ordinance creating the zone was described with an intent to “encourage compact, mixed-use development that provides more efficient traffic and pedestrian circulation and reduces auto dependency to the extent possible.”
Tenants that currently occupy space in the shopping center include AutoZone, Dollar General, Domino’s Pizza and an AT&T store.
Even before the shopping center broke ground, community members expressed their outrage at its construction. Some of the residents of Heritage Bay were surprised to learn the development’s original plans called for a shopping center to face West Bay Avenue.
Construction of the Starbucks was intended to constitute Phase 3 of the shopping center development. The planned 2,225 square foot Starbucks would have a drive-thru access. An outdoor patio would also be available for patrons to sit outside and enjoy their favorite beverage.
WP Barnegat contends that the drive-thru portion of the Starbucks would be completely contained. Even in its busiest times, the developer said vehicles would not back up onto any highways or inhibit the free flow of traffic.
The developer further dismissed the idea that menu boards and lights of vehicles would disturb residents of the adjacent community.
During the zoning board hearing, WP Barnegat presented testimony from Nathan Mosley, a traffic consultant. The lawsuit states that due to the “pass-by” nature of its business, Starbucks would not appreciably increase the number of vehicles traveling through the area.
Instead, the traffic expert said the new Starbucks would cause some motorists, who were already on the road, to briefly stop at the establishment. Mosley said the Starbucks would also bring Barnegat closer to its zoning goal and intent, as it would encourage people to congregate, interact, and have more activity.
The resolution adopted by the zoning board concluded that the developer “has not proved any specific/special reasons why the project is particularly suited and would promote the general public [and] has also failed to prove that the project would not impair the intent and purpose of the Zone Plan and Zoning Ordinance.”
According to the lawsuit, even further language contained in the denial, failed to indicate a basis for the zoning board’s conclusions.
The goal of the lawsuit is to reverse the denial of the application or have the court grant Starbucks the right to proceed.
While Barnegat officials do not comment on pending litigation, the next step is filing an answer to the complaint.
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