Toms River planning board rejects five-story apartment complex over non-conforming issues

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TOMS RIVER, N.J. — The Toms River planning board has denied a proposal to build a five-story apartment complex with ground-floor retail in the downtown district, citing zoning violations, traffic concerns, and safety issues. The project, submitted by Waterfront Development Partners, LLC, sought to construct 64 residential units and 2,560 square feet of retail space at 101 West Water Street, but it failed to conform to the zoning code limiting buildings to four stories in the Village Business (VB) district.

The proposed structure included 15 one-bedroom, 41 two-bedroom, and eight three-bedroom apartments, with parking set at an average of 1.4 spaces per unit. Planning board members expressed concerns that the parking configuration would not meet demand and said the project would increase congestion in the downtown area. The zoning code also requires fully retail-occupied ground floors in the VB district, a standard the application did not meet.

Attorney Robert C. Shea, representing Waterfront Development Partners, argued the project adhered to a prior downtown redevelopment plan that encouraged mixed-use projects and taller buildings in specific areas. However, Toms River Mayor Dan Rodrick’s administration rescinded that redevelopment plan in 2023, reverting to stricter zoning rules. Without an active redevelopment agreement in place, the project must comply with existing zoning ordinances, officials said during the hearing.

“We expressed our concerns with what [the developer] was asking for,” Mayor Rodrick said, criticizing the developer for ignoring warnings about the project’s non-conformity. “He told us this was their application, and they’re not changing it.” Rodrick also accused the developer of using delay tactics, including postponing prior hearings and attempting to secure automatic approval through state intervention—a request that was rejected in court.

The rejection underscores the ongoing tension in Toms River over downtown redevelopment. Public backlash to large-scale, high-density projects—such as a previously proposed 10-story residential tower—has fueled efforts by Rodrick and his council to scale back development plans. The planning board is also reviewing a proposal to repeal sections of the downtown redevelopment ordinance that permit high-rise, mixed-use buildings, a measure that would require council approval to take effect.