Apartment Complex Application Scheduled for Thursday Zoning Board Return

After one-and-a-half hours of testimony was discarded because of a public notice error last month, the applicants for a 252-unit apartment complex in Pleasant Plains are scheduled to return before Toms River's Zoning Board of Adjustment Thursday. 

The hearing for the complex, which is proposed for the southeast corner of Route 9 and Whitty Road near Wallach's Farm Market and Deli, was halted on April 15 after a resident discovered the error during a break in the proceedings and brought it to the board's attention.

"It's an error and it should be corrected," said resident Carol Benson at the time, as she urged the board to reschedule the hearing until notice with the correct address could be made. 

The application now appears again on the board's agenda for its May 9 meeting, 7:30 p.m. in town hall.

While the lot and block numbers noticed were correct, the address posted placed the site on the wrong side of Route 9. Residents within 200 feet still were noticed by mail, according to the board, but the error could pose a legal problem going forward.

"Our duty is to protect the public," said board member Jarrod Grasso. "That didn't happen this time."

Applicant attorney John Paul Doyle said that, since the block and lot numbers were correct, it appeared as though the notice was legal. But, he conceded that he would reissue the notice if the board desired.

The plans for the complex, which includes 12 buildings with 21 units each, will come before the board again during their May 9 meeting, 7:30 p.m. in town hall. 

A variance for the complex is required because the area's zoning requires that developments include half residential and half commercial use. Doyle said that, with several shopping plazas already nearby, there is no need for the commercial aspect at this location. 

"We think there is a proven need for housing in the way we want to build," he said.

Aside from the zoning variance, the complex complies with the township ordinance for a development of this type, according to the applicant. The plan is to leave 30 percent forested land on the property untouched and add 600 new trees.

A traffic engineer is planned to give testimony about the site's impact to surrounding roads. Several residents at the meeting who live nearby during a break examined site plans and expressed concerns that building the complex would further hinder traffic congestion in the area.