Cox Cro Road Project Approved In Toms River

TOMS RIVER, NJ — The Toms River Planning Board approved the plan to build a mixed-use apartment and commercial complex at Cox Cro Road and Route 9 on Wednesday night, the culmination of what officials said was years of wrangling over proposals for the site.

Cox Cro Crossing, which will have 42 apartments in two three-story buildings along with retail and office space, was approved by a 6-2 vote, with Anne Hammill-Pasqua and Laurie Huryk voting no over concerns about it being sited on a 10.28-acre parcel where 20 acres is required.

The approval generated groans of frustration from residents who came to the hearing to express their opposition to the complex, which they say will add to traffic problems that already exist in the area, Route 9 in particular.

One man expressed disbelief that the state Department of Transportation had given its approval considering the traffic woes that currently exist. Traffic along the Route 9 corridor has been such a problem the NJDOT has been examining potential solutions for more than three years.

Traffic engineer Scott Kennel said the traffic analysis he performed accounted for not only the added traffic from project but also accounted for additional traffic from nearby projects that are in various stages of completion. The NJDOT approved his analysis.

Residents scoffed at Kennel's analysis, saying they don't believe it reflects what the reality of the situation will be, and citing concerns that drivers will use the driveway of Joseph A. Citta Elementary School, among other sites, to make U-turns and otherwise cope with traffic problems.

"Would you be happy if this was your home?" one man asked Kennel.

Another woman who spoke expressed frustration that the Planning Board was even considering the proposal, based on the issue of the acreage.

Huryk and Board Chairman David Ciccozzi both explained that the Planning Board is required by law to consider every application that's made, regardless of what is requested.

"That doesn't mean they're automatically going to get what they want," Ciccozzi said. "But they have the right to ask, and by law we have to listen to their application."

The Cox Cro Crossing project has been in the works for years, with multiple changes to the proposal. The plan approved Wednesday originally was first part of an application made two years ago, and included nearly 28 variance requests.

"We can't deny it because they asked for a lot of variances," Ciccozzi said, explaining that such a rejection would be considered arbitrary and would be overturned by the courts. Instead, the hearings over the last two years have been essentially a series of negotiations to get to a project that is more acceptable to everyone.

Creigh Rahenkamp, the professional planner, testified the issue of the property size being 10 acres instead of 20 was mitigated because the project fit in with existing developments in the area, including townhomes being constructed on Cox Cro and just up the road on Route 9. He also noted the developer wasn't seeking an approval to build an excessive number of units at the site, so the issue was merely about the size of the property.

The zoning in the area changed in 2017, but because the application for Cox Cro Crossing was submitted before then, it was subject to the zoning rules in place at the time of the application, township officials said.

Planning Board member Paul Wnek told those in attendance their input was critical; one woman brought up environmental issues that have to be addressed and that had been overlooked, and a man who spoke reminded the board about the burned-out strip mall on the other corner that has yet to reopen since a July fire.

"We wouldn't have had that information if you had not been here," he said.

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Photos by Karen Wall, Patch staff