'Residents don’t want these apartments': Toms River NJ OKs towers despite election results

TOMS RIVER - A revised plan for a pair of six-story apartment buildings in Toms River's downtown moved forward Wednesday when a Township Council majority voted to approve an agreement with developer Capodagli Property Co. to build the newest version of the project.

The council voted 5 to 2 to revise a redevelopment agreement between Toms River and Capodagli which would lower the height of the apartments from 10 to 6 stories. The favorable vote came in spite of the objections of Councilmen Daniel Rodrick and Justin D. Lamb; Rodrick moved twice to table the resolution approving the revision, and Lamb seconded his motions.

But in each case, the council majority voted against the motions to table, and eventually they approved the amendment. Capodagli will have to appear before the township's planning board to gain site plan approval for this version of the plan, which will still include 285 apartments, but will eliminate a pool and sitting area for residents.

The towers are proposed for land at the intersection of Main and Water streets, the former site of the Red Carpet Inn.

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"The election was a referendum on this project," said Rodrick, who defeated three opponents — including Mayor Maurice B. "Mo" Hill Jr. — in last month's GOP mayoral primary, and is heavily favored to be elected mayor in November. "Residents don’t want these apartments."

The two towers became a campaign issue, with some residents claiming they would turn Toms River into a city, while others said they will help bring more people — and potential customers — to the township's struggling downtown.

Rodrick raised questions about whether the developer had secured financing for the 10-story project by the deadline in the previous redevelopment agreement, which was May 25. He said failure to secure financing could be a reason for the township to terminate the redevelopment agreement.

Frances Ciesla McMenamin, the township's redevelopment attorney, said Capodagli had met all the deadlines for the previously approved 10-story towers, and had obtained all the necessary permits. She said she was not going to comment on financing.

"If the developer doesn’t have financing yet and he doesn’t have the money for 10 stories, why are we going to extend this agreement?" Rodrick asked, referring to comments Hill made to the Asbury Park Press about the developer seeking to construct smaller buildings because inflation has raised costs.

"You can't assume he doesn't have financing," Council President Matt Lotano said.

Lamb said there are too many unanswered questions about the project for him to support amending the redevelopment agreement. "There is really no justification for an amended timeline," he said.

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Downtown property owner Philip Garfinkel praised the apartment project, saying, "I think this is the most advantageous thing for the township. … The building I own is on Water Street, which abuts this building. … I think it’s a big plus."

Messenger Street resident Irene Watson said residents should have had a chance to review the amended proposal before the council moved forward, noting that there were numerous public meetings on the initial Capodagli plan. "I think that offer should be made to the people in the town to get together and discuss their feelings about this major change in this design," she said.

Rodrick again repeated his suspicions that something nefarious is going on behind the scenes.

"This is really starting to look like someone is getting a kickback," he said, although he offered no evidence to support his statement.

"We can have the prosecutor's office investigate if you think someone is getting a kickback," Lotano said.

"Let's all walk on over to the prosecutor's office and do it tonight, or tomorrow morning, when they open up," Council Vice President Kevin M. Geoghegan said.

"I am just flabbergasted at some of the allegations and misrepresentations that I heard today," Councilman James Quinlisk said.

Jean Mikle covers Toms River and several other Ocean County towns, and has been writing about local government and politics at the Jersey Shore for nearly 39 years. 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: Jersey Shore Real Estate: Toms River downtown apartments OK'd