A 64-unit mixed-use complex proposed for downtown Toms River, April 2024. (Photo: Planning Document)
The Toms River planning board has denied a developer’s request to construct a 64-unit apartment complex in the downtown sector, rejecting an argument that the proposed plan complied with the terms of a redevelopment area that had already been established.
The building, proposed for 101 West Water Street, had already been the subject of litigation as well as one previous hearing before the board in April, which was adjourned after a newly-appointed planner asked for more time to review the application. Prior to that hearing, the proposal had been the subject of minor litigation, with attorney Robert C. Shea having filed a motion in court forcing the hearing after the township’s building office deemed the application incomplete. Superior Court Judge Francis Hodgson ordered the application be placed on the planning board’s agenda for consideration, turning down a request from Shea to have the matter simply approved without a hearing due to a statutory deadline having passed.
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. Shea, representing Waterfront Development Partners, LLC, based in Lakewood and led by developer Mark Tress, 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.
Mayor Dan Rodrick, after the meeting, said the municipal government held a meeting with Shea sometime prior to the planning board hearing to discuss the redevelopment issue, but that meeting did not produce positive results.
“We expressed our concerns with what he was asking for, and he basically told us that this was their application, and go pound salt,” Rodrick said.
The location of a proposed development application in downtown Toms River, April 2024. (Photo: Shorebeat)
The location of a proposed development application in downtown Toms River, April 2024. (Photo: Shorebeat)
The 64-unit complex would have violated the township’s building height ordinance, stood five-stories tall instead of the four stories normally allowed in the zone, 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.
The proposal consisted of 64 residential apartment units on the second floor through the fifth floor, including 15 one-bedroom, 41 two-bedroom, and eight three-bedroom units. The property is currently used as an asphalt parking lot. A two-way access and egress point would have been constructed along Water Street.
The township is currently in the midst of considering a final repeal of another downtown redevelopment ordinance which led to the now-scuttled proposal to build a large residential tower on the Toms River along with a public promenade and amphitheater. Downtown redevelopment has become the most heated issue in the township in recent years, as residents and officials have argued over whether large buildings and modern mixed-use development fit the character of the downtown area, which many view as historic in nature. The planning board is currently in the midst of reviewing the repeal measure to promulgate a recommendation on the matter, which will ultimately come before the township council for final adoption.
