The final results are in.
Voters in a tiny Jersey Shore oceanfront village rejected a plan to spend $350,000 of taxpayer money on improvements to the beach snack bar that’s been the center of controversy for two years.
But it was a real nail-biter.
Loch Arbour held a special election on the measure on May 13. Homeowners came in the rain to cast their ballots, and by the end of the day, the “no” votes were in the lead by five.
It was too close to call because under state law, election officials must accept properly postmarked mail-in ballots for six days after the election, so they had to wait to count the four mail-in ballots already received and one provisional ballot. If all those votes were in favor of the spending and no more arrived, it would be a 46-46 tie, enough to squash the spending plan because approval requires a majority.
Over the next six days, residents waited to see if any more mail-in ballots would trickle in. They didn’t.
The final count was 47-45, with the “no” votes winning the day, election officials said Tuesday.
Robert Fernicola, the resident whose efforts forced the special election, said he’s happy with the outcome.
“It’s a good lesson in civics,” he said. “Moving forward, I hope that this administration will be more responsive to the valid concerns of residents.”
It was unclear whether the losing side would call for a recount.
Officials in Loch Arbour, located just north of Asbury Park in Monmouth County, did not respond to requests for comment.
Some residents said they believe officials will introduce another resolution to spend on improvements. Exactly what they may ask for is unclear, but several residents said they would support replacing the aging decking around the building — residents seem to agree splinter risks abound — but nothing more. The foiled plan included a larger deck area, more shaded seating and possibly an additional kitchen, which could mean two eateries would be able to operate in the building.
In late June, 2024, there was no food service available from the Loch Arbour snack bar because of a lease dispute.Karin Price Mueller | NJ Advance Media for NJ.com
The snack bar fight started in the summer of 2023 after a new operator won the contract for the space, transforming it from a typical beachfront snack bar to a high-end kosher restaurant that served $13 french fries. Quickly, members of the local Syrian Sephardic Jewish community who supported the restaurant and other residents found themselves on opposing sides.
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Some residents said they felt excluded by the new restaurant because they could no longer come inside the building to get out of the sun or bring in their own food from home. And it was closed on Saturdays to observe Shabbat, or the Sabbath, a day when no business can be conducted.
That first summer, a beachgoer alleged the restaurant refused to seat them, and officials launched an investigation. They found the discrimination claim credible and the lease was terminated.
In the months that followed, there was an unexpected and unusual surge in voter registrations in the village, and the voter rolls nearly doubled. There were more registered voters than there were full-time residents, according to Census data.
As new voters registered, the fight in the village turned nasty, with some accusing the restaurant’s supporters of an intimidation campaign. It got so bad that then-mayor Paul Fernicola quit his 2024 race for re-election two weeks before the vote, telling residents his family was the subject of “ongoing harassment” and a “smear campaign.”
Voters came out in force for the election, which swept in a new administration: Saul Tawil, Jason Elo and Jack Hedaya, all members of the Syrian community.
One of the new administration’s first actions? To reinstate the lease for the kosher restaurant.
The Monmouth County Prosecutor’s Office took note of the voter registration surge and opened an investigation while a group of residents alleged in a lawsuit that homeowners who didn’t live in the village full-time — summer homeowners — registered to vote illegally. Both were dropped several months later.
The summer of 2024 brought back the kosher restaurant with new controversy. After accusing the eatery of lease violations, officials said the operator wasn’t welcome back for future summers.
But shocking some residents, the three-member board of commissioners said yes to a bid by the same operator, giving him a new three-year lease that starts this summer.
The restaurant is scheduled to open this Sunday, but it will be without a new deck, larger outdoor space or additional shaded areas.
There won’t be food on Saturdays until Father’s Day weekend, when No Limits Cafe, a nonprofit that employs adults with developmental disabilities, is scheduled to bring a food truck. But unless it has enough sales to cover its costs, it won’t be back for additional Saturdays.
“I hope everyone can just get along,” said one resident who asked not to be named. “It could be a long summer otherwise.”
On Saturday, July 13, the Loch Arbour snack bar offered only beverages, ice cream, and snacks. The kitchen was closed because the operators observe the Sabbath.Karin Price Mueller | NJ Advance Media for NJ.com
Stories by Karin Price Mueller
Karin Price Mueller may be reached at KPriceMueller@NJAdvanceMedia.com. Follow her on X at @KPMueller.