TOMS RIVER PLANNING BOARD SAYS "NO WAY" TO 64 UNIT APARTMENT BUILDING PROPOSAL

Following a contentious public hearing on Tuesday night, Toms River Mayor Daniel Rodrick and the Toms River Planning Board voted 7-2 to deny an application to build a 5-story high apartment building downtown at West Water Street and Irons Street.

The application, which was submitted by Lakewood-based Waterfront Development Partners, LLC, included 64 residential apartment units on the second floor through the fifth floor, (including 15 one-bedroom, 41 two-bedroom, and eight three-bedroom units) and retail space.

The complex would have violated the township’s building height ordinance which permits only four stories in this zone.

The proposal also had inadequate parking of about 1.4 spaces per unit, and included a 2,560 square foot retail space on the first floor, when the zone would require the entire first floor to be populated with retail space and residential units situated above.

The developer was also seeking a multi-decade tax abatement.

Attorney Rob Shea, representing Waterfront Development Partners, made the case that the application was fully compliant with the terms of a redevelopment plan for the downtown neighborhood, which is located in the Village Business (VB) zone. Board professionals and the township’s legal team, however, countered that while portions of the downtown area had been declared areas in need of redevelopment, that fact alone was not reason enough to approve a project that would otherwise be non-compliant with the underlying zoning of the property. Waterfront Development Partners had never signed a redevelopment agreement with the township, meaning the company would be held to the same standard as any other developer would.

Shea also argued at the start of the hearing that Rodrick and assistant township attorney Peter Pascarella, who also sits on the Planning Board, should have recused themselves because they would be involved in negotiating the redeveloper agreement.

"The planning board is the mayor's board and this is the mayor's seat," Rodrick said. "I'm not conflicted in my seat, this is my seat."

The board ultimately voted against the project at a hearing Tuesday night, citing issues with traffic, entry and egress points and general safety concerns in the downtown area. Rodrick made the motion to deny the application.

Mr. Shea vowed to file a lawsuit seeking to overturn the Board's denial.

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