TOMS RIVER, N.J. — A second large apartment complex planned for Downtown Toms River was rejected last night by the planning board due to the impact the non-conforming project would pose to the community and the variances required to build it.
Instead, that project must go through the township’s zoning board to move forward. The application did not conform to the zoning of the downtown district, which limits structures to just four stories.
A previously planned 10-story tower got initial approval under a downtown redevelopment plan created by former Mayor Mo Hill. Still, that plan has since been rescinded, meaning all future non-conforming buildings must once again go to the proper land use board.
The Toms River planning board has denied a proposal to build a 64-unit apartment complex with ground-floor retail space in the downtown area, citing safety, zoning, and traffic concerns. The project, proposed by Lakewood-based Waterfront Development Partners, LLC, aimed to redevelop a site at 101 West Water Street but faced opposition from local officials and residents worried about its impact on the historic downtown.
The five-story design included 64 apartments—15 one-bedroom, 41 two-bedroom, and eight three-bedroom units—with 2,560 square feet of retail space on the ground floor and parking with an average of 1.4 spaces per unit. This configuration, however, conflicted with the zoning rules for the Village Business (VB) district, which caps building height at four stories and requires full retail occupancy on the first floor. Board members raised concerns about how the project would affect traffic flow and pedestrian safety in the already-busy downtown.
Attorney Robert C. Shea, representing Waterfront Development Partners, argued that the project complied with a previously established redevelopment plan, which designated parts of the downtown as areas needing revitalization. Shea contended that the project aligned with the township’s goals for redevelopment. Still, Toms River officials pointed out that the developer did not have a formal redevelopment agreement with the township. Without such an agreement, the project must comply with all standard zoning regulations, which the proposed design did not meet.
Rodrick said that township officials had met with Shea before the planning board’s review to discuss potential issues with the plan.
“We expressed our concerns with what he was asking for,” Rodrick said, “and he told us that this was their application, and they’re not changing, it and that we should go pound salt.”
Rodrick also said the developer was playing ‘timeline games,’ postponing their hearing twice. When the third meeting was rescheduled due to a meeting room scheduling conflict, Rodrick said the developer went to the state to try to get automatic approval because of the delay. The builder lost that case in court and the matter was sent back to the planning board by the judge.
The board’s rejection of the proposal is the latest chapter in an ongoing debate over the future of downtown Toms River. In recent years, redevelopment plans have sparked controversy, as some residents feel high-density projects would alter the area’s traditional character. The proposed building’s height, limited parking, and partial retail use on the ground floor all ran counter to zoning restrictions meant to preserve the scale and commercial vitality of the downtown district.
Waterfront Development Partners had also sought a multi-decade tax abatement for the complex, a common feature of redevelopment deals but one that has faced increased scrutiny in Toms River. Critics argue that such long-term tax incentives can strain municipal resources and may not bring the anticipated economic benefits.
This denial comes as Toms River officials are reconsidering another redevelopment plan that would have enabled the construction of a large residential tower with a public promenade and amphitheater along the Toms River waterfront. Public backlash against that project led the township council to move toward repealing parts of the downtown redevelopment ordinance, which currently allows for large-scale mixed-use developments in certain areas.
The planning board is reviewing the repeal measure, which would eventually need council approval to take effect.
Rodrick and his team won a landslide victory in 2023, with a 70-30% voting margin. Their key platform was to stop overdevelopment and overturn the downtown redevelopment plan, which allowed for 10—and 12-story apartment buildings.
That plan was championed by the former administration who sought to turn the downtown village into a bustling small city.
A Shore News Network poll in 2023 showed that 73% of Toms River residents opposed that city vision.
