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Roy Rogers Application to Build on Toms River Border Ends in Tie Vote

Application for Molly Lane and Hooper Avenue site

Votes by the Brick Township planning board to deny – as well as approve – an application by Roy Rogers to build a restaurant on Brick Boulevard both ended in ties Wednesday night.

That means while the restaurant chain's application was not technically denied, it was not approved either, and therefore it cannot be built near Holiday City Silverton.

Roy Rogers altered its original plan for the proposed site, at the northwest corner of Brick Boulevard and Molly Lane, to reduce the size of the restaurant to 2,000 square feet from 3,000 square feet, redesign its drive-through and add parking spaces and a bike rack.

Harvey York, the attorney for Roy Rogers, also said the company would agree to modify its drainage plan so, in the event of a 100 year storm, water flowed into existing drainage on Brick Boulevard rather than to an adjacent lot.

The company also asked the board to approve a small number of minor setback and lot coverage variances.

Residents of a nearby senior citizen development formally opposed the plan, and were being represented by attorney Ron Gasiorowski of Red Bank.

"I am advocating that you comply with your ordinances," Gasiorowski told Brick board members, urging them to reject the application due to the variances required.

Some board members were not satisfied with the restaurant chain's plans, even after they were revised..

Board member Joseph Marra said he was unsatisfied with the overall plan for the lot, which would also include two retail stores.

"I'm not opposed to a Roy Rogers being there," he said, but a free-standing restaurant without the extra retail space would be better.

Board member Skott Burkland said the restaurant chain's argument that variances should be granted due to a hardship presented by the lot itself was not valid.

"In my opinion, this is a self-created hardship," he said. "I don't think this passes the test of good planning."

Board member James Coakley disagreed, however.

"I think that we were presented with a very challenging application in a challenging location in our town," he said. "I think they did take some good planning measures in this revised plan, and I was happy to see what they came back with because they came up with a very functioning development in a very challenging area of town."

Motions to deny and approve the agreement, taken in that order, both ended in 4-4 ties.

While the restaurant cannot be constructed since its application was not approved, a window for a new application by the chain may have been opened.

MIC October 11, 2012 at 02:34 PM
Id welcome the return of roy rogers to toms river!
MIC October 11, 2012 at 02:36 PM
Since we cant get restaurants like buffalo wild wings or quackersteak, TR needs to get SOMETHING!
Once Loved NJ October 11, 2012 at 04:34 PM
Chains, Chains, Chains The people of Toms River are caught up in all these oversalted, fat laden chains. Lousy food is easy to get in TR, that's why most people go out of town on Friday or Sat. night for a good meal. What a shame, all these chains!!
Sean Conneamhe October 11, 2012 at 04:45 PM
"Hooters has the best hot wings."
. October 11, 2012 at 05:45 PM
I agree. I hate the chain restaurants, but we do have a couple of good privately owned restaurants in Toms River.
DaveL October 11, 2012 at 09:23 PM
Why are these senior citizens so against everything? Roy Rogers would have little impact on their development as the patrons will use the existing roads and not travel into their neighborhood. I guess an empty vacant lot is better for the tax rates, jobs, and small business ownership to boost the economy. I know many people are against chain restaurants, but this is something different owned by a local businessman (the same family who owns the Pine Beach, NJ location) and not another corporation.
ed crowley October 12, 2012 at 12:21 AM
This was in Brick.
Seriously? October 12, 2012 at 02:08 AM
Isn't this the same property where Denny's used to be?
Project Bluebeam October 12, 2012 at 03:43 AM
Close....across the street on the southbound side.
. October 12, 2012 at 10:46 AM
Yes, it is the old Denny's building.
Martin October 12, 2012 at 11:15 AM
NO, northwest corner is caddy-corner from old Denny's. More traffic with more crazy in-out turns at a major daily bottleneck. Wait 'til the big mall is built where the signs are - near the cemeteries. When will the county widen that dangerous spot?
mjmjr October 23, 2012 at 07:13 AM
Lucille Costabile Possumato December 11, 2012 at 01:31 AM
Brick board is much more flexible with these companies....that's why they all go to Brick. Luv to see Roy Rodgers here. Town needs the taxes bad. The cemetery's are the problem even with eminent domain it's a huge undertaking but it is a bottle neck all year....it's a must!


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