Toms River must decide on four-story downtown apartment building with retail space

TOMS RIVER - A proposal to build a four-story downtown building with 64 residences and about 5,000 square feet of commercial space on the first floor is scheduled for a hearing April 17 before the township's Planning Board, after a judge ordered they had to take up the plan.

Robert C. Shea, the lawyer representing developer Waterfront Development Partners LLC, went to state Superior Court in Ocean County last month to have the application placed on the board's agenda.

Earlier this month, Superior Court Judge Francis Hodgson Jr. ruled that the application was complete and should be placed on the board's agenda. Shea went to court after the application was deemed incomplete by former Township Planner Robert Hudak, who said the developer must execute a redevelopment agreement with the Township Council since the property is located in the downtown redevelopment zone.

But Shea said the parking lot is already owned by Waterfront Development Partners, a Lakewood-based LLC whose principal owner is Mark Tress. The developer is merely trying to build on his own land and the application does not require any variances, or need a redevelopment agreement, he noted.

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"The application at issue is not an application for redevelopment by a redeveloper who is entering into a contract of redevelopment with the municipality," Shea wrote in a January letter to Toms River Planning Board Secretary Lucia Lynch. "Rather, it is a generic land-use application that conforms to the requirements of the redevelopment plan and ordinance in its entirety, with no 'c' variances or deviations from same. All that is required is the usual site plan review by the board's professionals and a hearing by the planning board."

The judge agreed with Shea's argument and ordered that the application be placed before the board for site plan review.

Waterfront Development's application is the first major building application in the downtown since Capodagli Property Co. proposed two apartment towers on land formerly occupied by the Red Carpet Inn, at Water and Main streets.

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Capodagli received council approval for its redevelopment, which originally called for a pair of 10-story apartment towers containing 281 apartments, along with a parking deck and more than 14,000 square feet of retail space on the first floor.

The company cut the proposal to two six-story towers, but the controversial project has been criticized by Mayor Daniel Rodrick, who bashed the redevelopment agreement between the township and the developer.

During his successful mayoral campaign, Rodrick vowed to stop the Capodagli project, which has not yet broken ground. The Township Council last month approved hiring Louis N. Rainone, a lawyer tasked with assisting in redevelopment and housing matters, from the powerful firm of state Assembly Speaker Craig Coughlin.

Rodrick's vision for downtown includes attracting people to the area by offering recreational opportunities, including installing more than 70 Jet Ski ramps to Huddy Park, and adding a pier by the old boat works building on the Toms River that could include concessions and a bar. The pier could be similar to the 9th Avenue Pier Bar & Restaurant on the Shark River, Rodrick has said.

Toms River's Business Improvement District has agreed to fund five downtown fireworks shows, which Rodrick said will "supercharge" the downtown.

The planning board's composition has changed greatly since Rodrick became mayor, with new members Kenny Piscopo, Steve Hensel, Angelo Nizzardo, Peter Pascarella, Joe Bilota and Councilwoman Lynn O'Toole appointed to the board.

Jean Mikle covers Toms River and several other Ocean County towns, and writes about issues related to Superstorm Sandy. She's also passionate about the Shore's storied music scene. Contact her: @jeanmikle, jmikle@gannettnj.com.

This article originally appeared on Asbury Park Press: Downtown Toms River four-story apartment building proposed with stores