Toms River zoners reject downtown apartments with rooftop deck

TOMS RIVER - The Board of Adjustment has rejected a plan to build a six-story apartment building with a rooftop deck at the corner of Washington and Robbins streets.

The developer, 27 Washington Street LLC, had proposed a 73-foot high building with 23 apartments on the site, where there is currently a small pocket park. Zoning board members raised concerns about parking at the property, particularly in light of the proposal to build a rooftop deck with restrooms that could be rented for private events.

"I cannot approve this application, I'm sorry, without some justification for parking," said board member Nels Luthman, who made the motion to deny the proposal. "You can't ask the board to approve something without giving them some evidence."

"I’m in agreement with Mr. Luthman. Parking is a huge concern down here," said board member Jason Crispin, who presided over the hearing after Chairman Robert Alston had to recuse himself. "I was one of the only two members that heard the original application; I am more inclined to accept the original resolution."

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Board member Dana Tourmollan said she voted against the new apartment plan " based on a lot of questions that still don’t seem to have definite answers." Tourmollan said the lack of recreational space for children who might live in the apartments was also a major concern for her.

A 2014 fire destroyed a two-story building on the site that had housed about 15 businesses.

After the building was demolished, a small park was created on the property.

Before the board's vote, the developers' lawyer, Gregory Hock, and engineer, Matthew Wilder, explained that the 27 Washington Street has an agreement with the township's Parking Authority to provide spaces in the parking garage behind town hall for use by apartment residents. The authority also indicated that more spaces could be available for visitors to retail stores on the site, as well as to attendees of events on the project's rooftop deck.

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Zoning board members appeared skeptical that enough parking could be provided, and wondered why a representative from the parking authority had not appeared to discuss the matter. The authority is an independent agency, and Zoning Board Attorney Michael Stanzione said the board does not have the ability to compel the parking authority to appear at meetings or present testimony.

The zoning board's denial sends the plan back to the drawing board.

In 2019, the board approved a previous proposal for the site by 27 Washington Street. That plan that included a five-story building with the same number of apartments − 23 − and 2,000-square-feet of storage and 2,000-square-feet of retail on the ground floor. It did not include a rooftop deck.

The project would include five affordable apartments to help Toms River reach its state-mandated requirement to provide housing for low- and moderate-income residents.

Hock said that the pandemic had put a halt on construction of that plan, and so 27 Washington Street returned to the board with the new proposal, that included the rooftop deck, an elevator accessing the roof, and men's and women's restrooms.

The new proposal also took away the 2,000-square-feet of storage and instead set aside the entire ground floor − 4,000-square-feet − for retail space. Hock said that is more in keeping with Toms River's downtown redevelopment plans, that include retail spaces on the first floors of residential buildings.

Luthman questioned removing the storage space, saying it would likely be needed by apartment residents. Hock and Matthew Wilder, the project's engineer, said the storage could be put back into the proposal, with a smaller amount of retail space provided.

Board members also indicated they thought the rooftop deck should be open to the public, and not just reserved for events.

Hock said after the meeting that the developers' will consider their options. They could build the previous, approved apartment building, or they could appeal the board's decision.

Before the zoning board vote, Toms River resident Linda Cronk spoke in favor of the apartment project.

"If you build it, they will come," she told the board. "We need retail, people, seriously. You have to do this, I don’t care you do it, you have to bring Toms River back."

More dwelling units, with ground-floor retail, are encouraged in the township's ambitious redevelopment plan for the downtown area.

The Planning Board last year approved the construction of two, 10-story apartment towers on Water Street, at the site of the old Red Carpet Inn. Those towers will contain 285 apartment units, a two-level riverfront boardwalk, along with a restaurant, coffee shop, and a "doggie day care" in 16,000-square-feet of retail space.

Construction is expected to start soon on the project, which will be built by Capodagli Property Co., the township's designated redeveloper for the site.

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 38 years. A finalist for the 2010 Pulitzer Prize in public service, 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: Toms River zoning board rejects apartments with rooftop deck