NEW LAWSUIT FILED AFTER TOMS RIVER PLANNING SAYS "NO WAY" TO 64 UNIT APARTMENT BUILDING PROPOSAL



The Toms River Planning Board has just been slammed with a civil lawsuit seeking to overturn their denial of an application to build a 5-story high apartment building downtown at West Water Street and Irons Street, FAA News has learned.


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."


Following a contentious public hearing, the board ultimately voted 7-2 to deny the project, citing issues with traffic, entry and egress points and general safety concerns in the downtown area. Rodrick made the motion to deny the application.


Represented by Teaneck Attorney Jan Meyer, the developer has just filed a 3-count lawsuit seeking to overturn the Board's denial.


According to the Complaint filed in New Jersey Superior Court in Ocean County:


Mayor Rodrick and Pascarella were conflicted on the Subject Application, and should not have been involved in the discussion or voting thereon. Rather than recuse himself, Mayor Rodrick dominated the hearing, by initially making clear that he would be against the application, by inquiring regarding making a motion to deny the Subject Application before it was even heard, then, following testimony, by immediately moving to deny the Subject Application (which was seconded by Pascarella).


The Subject Application contained low income housing, in accordance with the Mount Laurel Doctrine and the Council of Affordable Housing (“COAH”) in New Jersey. The denial of the Subject Application was in violation of the Township’s Master Plan and COAH plan, wrongly denying low income housing to individuals in need.


The Subject Resolution denying the fully conforming Subject Application is arbitrary and capricious, and contrary to law.


The suit demands judgment:


(a) Vacating and Reversing the Subject Resolution and directing that the Application is hereby granted. 

(b) Attorney's fees; 

(c) Costs of suit; and

(d) Such other relief as the Court deems just and equitable.


The Planning Board has 35 days to answer the complaint.


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1 comment:

Anonymous said...

Good for you Mayor Rodrick and Planning board no need for more congestion in that downtown area.Let Jan Meyer file a 3-count lawsuit and see where it gets her.Also kind of surprised at attorney Rob Shea, representing Waterfront Development Partners.I have known him and his family for many years.Sounds like he's getting soft or old age is setting in.