Public Notice Error Halts Apartment Complex Hearing

Second time should be the charm.

The one-and-a-half hours of testimony given on a proposed 252-unit Pleasant Plains apartment complex last week must be heard again by Toms River's Zoning Board of Adjustment because of an address error on the public notice. 

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 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, who urged the board to reschedule the hearing until notice with the correct address could be made. 

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, after a corrected public notice is published. 

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.