Toms River Approves Plan For $10.3M Open Space Purchase In North Dover

TOMS RIVER, NJ -- Toms River officials will move forward with plans to spend $10.3 million to purchase five parcels of land in the North Dover area after the Township Council approved ordinances to do so Tuesday night.

The decision to do so, however, was met with criticism from some, including a Township Council candidate, who say the town cannot afford to bond for so much money.

"Simply put, we can't afford this right now," said Nels Luthman of New Jersey Avenue.

The ordinances approved appropriate $10.3 million for the purchase of properties in the North Dover section, all along Route 9. The township will be issuing bonds totaling $9.785 million as part of the appropriation. The lots to be purchased are 1940 through 1980 Lakewood Road, according to the ordinances.

The plan is to protect them as open space, township council members said, to curtail the amount of housing being built in that portion of the township. Council President Brian Kubiel said growth in that area has gone up substantially; an email to the council from the Building Department staff reported the highest permit fees ever -- almost $500,000 -- for a single month in March, with the bulk of it of the permits coming from the North Dover area.

Luthman said the percentage of the township's budget dedicated to debt service -- which he said is between 9 and 11 percent -- is too high as it is. "I realize the bonding limit is half a billion," he said, "but just because you have it, doesn't mean you use every bit of it."

Dan Rodrick, a Democrat running against Kevin Geoghegan for the remainder of the unexpired Ward 2 council term -- a seat Geoghegan was appointed to for this year -- urged the council to address the issue by changing the zoning of the parcels to highway business, a move he said would help generate ratables.

"We all want to protect open space," Rodrick said, "but spending over $10 million seems the wrong way to do it."

Kubiel said the township's master plan is currently under review, but that revising the zoning is a complex issue, due in part to the ongoing fight over affordable housing.

Councilman Maurice "Mo" Hill said turning all of it into commercial property would only add to the traffic headaches that exist along Route 9 already.

"I'm 68 years old, and Route 9 has not changed since that road was put in," Hill said, noting options for commuters are limited to their personal vehicles and an NJ Transit bus route along the road, which is one lane in each direction through most of Toms River. A study of the Route 9 corridor in Toms River and Lakewood has been underway for several months, but conclusions and proposed solutions are likely several years away.

Hill said changing the zoning is no guarantee of preventing housing, because a developer would still have the option of going before the zoning board to request a variance.

The council also heard from Henry Guttman, who owns much of the land in question, expressing frustration over the impersonal nature of the process.

"My parents have had this property for 70 years," Guttman said. "You're looking to buy my property; someone should have come and talked to me."

Business Administrator Paul J. Shives said the ordinances were part of a legal process, and that township officials would be speaking with him in the days ahead. Guttman -- along with other affected property owners -- were notified by letter of the township's desire to buy the parcels, Shives said, a fact Guttman confirmed.

"You're acquiring the majority of my property," he said. "I would have preferred a more friendly treatment by the township."

Shives explained that the ordinances were merely part of the legal process that had to be followed and promised that officials would meet with him.

"We're not trying to be impersonal," Shives said. "I'm sorry we haven't met but we will certainly be sitting down to talk with you."

Charles Vandenbulcke, who said he has lived in Toms River for 45 years, praised the proposed land purchase.

"All we have to do is go slightly north and everyone can see what happens when there is no control on the growth," he said, referring to the explosive growth in Lakewood.

"Whatever increase in taxes might come along is well worth it to preserve open space in the north end of town," Vandenbulcke said.

Shives said the township's next steps will be getting appraisals on the properties, then presenting those appraisals and purchase offers to the property owners. If they are unwilling to sell, the township would look to invoke eminent domain to acquire the properties, according to the ordinance.