TOMS RIVER – It took a town historian to connect the past to the present at one of Toms River’s busiest intersections now undergoing major transformation.
Long before construction crews arrived at the former Baiamonte’s pizza restaurant and later sports complex at Hooper Avenue and Fischer Boulevard, the site was home to a version of “Wild West City,” a roadside attraction designed for children in the 1950s and 1960s. Former Mayor Mark Mutter said he remembered it from childhood and later confirmed the history through research.
A 1957 newspaper account described a 14-year-old boy injured during one of the staged shooting demonstrations, when he was struck during a balloon-shooting act involving blanks. The incident does not mirror the current proposal, but it stands as an unusual historical footnote tied to a property once centered on simulated gunplay.
Now, the same site is being redeveloped into a multi-use “sports complex” that includes a restaurant and bar, a shooting range, pickleball courts, batting cages, a golf driving range, and retail space. Construction is already underway at the long vacant site.
Public Safety Concerns Raised
Mutter, an attorney, former municipal clerk, and longtime public official, said the proposal raises legitimate safety questions. He stressed that his concerns are not political and are not rooted in opposition to gun ownership.
“We all have Second Amendment rights,” he said. “But there is a legitimate concern regarding one property having guns and alcohol combined.”
Mutter served for years on the governing body when the township operated under its former committee form of government, then known as Dover Township. He served two, one-year terms as mayor during that period, in 1993 and 2000, before later becoming municipal clerk. He is now the town historian.
His background in municipal law and government represents just one reason he said the project matters to him. He loves Toms River and the people who live there. “This certainly is not about politics. It’s about public safety,” he said.
Mayor Daniel Rodrick dismissed those concerns when asked for comments. “Toms River welcomes the investment to upgrade what has been a rundown corner and an eyesore,” he said.
He added, “I don’t have a problem with the shooting range,” and referred to Mutter as “a pretty liberal Republican who doesn’t like guns.”
When asked specifically about the combination of alcohol and firearms, Rodrick said, “You have my comments. Stop trying to drag me into something with a ‘has been’ who never will be.”
Multi-Use Design At Issue
Plans approved for the site show a large-scale, multi-use complex rather than a single-purpose facility.
According to the Planning Board resolution, the project includes construction of a 14,850-square-foot building for indoor recreation, along with a separate 20,615-square-foot building dedicated to the indoor gun range, which would be the largest structure on the property.
The plans also call for interior renovations to the existing driving range to create a second-floor bar and lounge, while the first floor remains a golf facility.
It remains unclear what policies will govern the separation between the proposed bar or restaurant area and the shooting range, including whether patrons who consume alcohol would be restricted from using the range.
Mutter said he researched throughout New Jersey for other businesses offering alcohol on the same premises as gun ranges. He found none.
Further investigation revealed a proposed project known as the Blackwood Club in Northvale. Its webpage describes it as a private luxury gun club that includes both firearms use and alcohol service. The facility has not opened, and available information suggests it has not moved forward. The Blackwood Club was to be set on five acres of preserved forest.
Unlike the preserved forest areas that characterize large portions of Ocean County, where development is restricted and natural buffers provide distance between uses, the intersection of Hooper Avenue and Fischer Boulevard is a densely developed, high-traffic commercial zone. With Ocean County College nearby and a steady flow of vehicles, pedestrians, and local activity, the location functions as a central gathering point rather than a secluded or controlled environment.
Planning Board Approval
The Toms River Planning Board approved the project in October 2024. Minutes from that meeting show the application was heard and approved during a single session. No members of the public spoke, and no questions were raised from the public during the hearing. The motion to approve was brought by Committeewoman Lynn O’Toole.
The resolution reflects that the application was supported by testimony from a single engineer and granted with multiple variances and design waivers, including setbacks, building coverage, and parking adjustments.
Mutter said the process lacked meaningful scrutiny. “This was approved by the planning board in one night. Nobody asked any questions. There was no public because they didn’t know,” he said.
When a developer has a plan for a property, they have to provide a notice to neighbors. However, the state law is that they only have to notify neighbors within 200 feet of the land.
Mutter attributed the absence of public participation to the lack of nearby residential properties within the statutory distance.
He raised his concerns during a recent Township Council meeting, speaking during public comment shortly after Rodrick exited the session. The live broadcast of the meeting was cut as Mutter was delivering his statement.
Liquor License Still Pending
While the site plan has already been approved, the project still requires action by the Township Council regarding the liquor license. The license associated with the site is currently inactive and would need to be activated and expanded to cover the proposed use.
Under New Jersey law, municipalities retain control over liquor licensing. The Toms River Township Council serves as the local Alcoholic Beverage Control authority and has the power to approve, deny, transfer, or impose conditions on licenses.
Because council members will ultimately decide the matter in their ABC capacity, they were not contacted for comment to avoid potential recusals.
Mutter said the license should not be treated as routine. “Don’t handle this license in a casual manner,” he said to the council. “This is unique in New Jersey.”
He also noted that materials submitted as part of the application did not include substantive input from law enforcement regarding the combination of firearms and alcohol. “There were no witnesses from any law enforcement agency presented at the hearing to address safety issues,” he said.
Calls placed to the attorney representing the applicant for the liquor license were not returned.
The council’s decision on the license will determine whether the project moves forward as proposed or with added conditions.
