TOMS RIVER – After months of emotional testimony, cross-examinations, and the start of public comment, the Toms River Board of Adjustment still has not decided on whether Christ Church of Toms River can add a 17-bed homeless shelter to its property on Washington Street.
At its April 10 meeting – the seventh held on this application – the Board once again heard hours of testimony as residents, experts, and advocates argued over the merits and risks of bringing a shelter into the R-150 residential zone. The church is seeking a D1 Use Variance to expand its outreach program at 415 Washington Street by adding a shelter at the adjacent 405 Washington Street property.
Toms River Housing and Homeless Coalition currently operates the upper level of the church’s structure as the Ocean County Housing Resource Center, which serves as a gathering place for service providers working with unhoused individuals in Ocean County.
Concerns Over Bias
Attorneys retained on behalf of some objectors requested that Zoning Board Member Dana Tormollan be recused from voting on the application. They claimed she could not be impartial because she was viewed as an advocate working for the unhoused. Attorney Christopher Dasti asked whether she believed she could remain unbiased, which Tormollan answered that she could.
Ultimately, it was established that a board member can only be disqualified from voting if they self-identify a bias or conflict – something Tormollan has not done. She has also voiced her own concerns about the proposal during previous hearings.
Another Objector Enters
An unexpected turn of events occurred when Edward Bezdecki, an attorney, entered the case on behalf of one of the objectors. His wife, Elaine, is the sole owner of the property next to the proposed shelter and was not called as a witness.
Using a tape measure for dramatic effect to measure out nine feet, Bezdecki called on Paula Leotta to testify in opposition to the application. He represented that Leotta’s property on Magnolia Lane stands nine feet from the rear of the church property.
From a legal standpoint, Bezdecki argued that the proposed shelter’s attorney, Harvey York, failed to prove his case because he didn’t meet the statutory requirements of “inherently beneficial use to the community.”
“The community happens to be the homeowners of the 150 homes where they’re raising their children and their family,” said Bezdecki.
Attorneys for the objectors attempted to have Zoning Board Member Dana Tormollan recused from voting on the application. (Photo by Stephanie Faughnan)
The objector’s attorney also raised concerns about potential spillover effects, referencing issues at the Toms River Library, where Mayor Dan Rodrick’s accusations against Bon Jovi and the Ocean County Board of Commissioners regarding the library’s homeless population have garnered national attention. The Ocean County Sheriff’s Office has assigned staff to the library branches in Toms River and Lakewood and provided reassurances to the public that it is safe.
Leotta has been one of the most vocal opponents of the shelter application and has cross-examined several of the witnesses who testified in previous hearings. A psychiatric nurse by training, Leotta recounted watching two individuals argue from her bedroom window and expressed concern about a possible “magnet effect” if the shelter attracts more people to the area.
“I could tell one was agitated,” she said. “What happens when we have 17 beds, and there’s an overflow, and then there’s a magnet effect? How are people who are non-professionals going to take care of those issues?”
Leotta also cited an incident where a county mobile outreach van drew a large group of people to the site. “I don’t know where these people came from. They are obviously not the local homeless people,” she added. She showed photos of a man lying on a tarp outside the church and other pictures suggesting the church was not maintaining the property adequately.
Despite her concerns, Leotta lightened the mood slightly, pushing back when Bezdecki asked if she felt threatened by people who are walking throughout the area dressed in black carrying backpacks. “I wear black all the time,” she quipped, drawing laughter from the crowd.
Her fears, however, ran deeper. “I don’t care if you’re going to call me a NIMBY or a racist,” Leotta said. “I’m not. I’m a psych nurse. I’m empathetic to the cause. But I’m a taxpayer. I love my house, and I don’t think it’s fair. It’s scary,” she said, her voice fraught with emotion.
Laurie Singer, outreach coordinator for the Toms River Housing and Homeless Coalition, pressed Leotta on cross-examination on whether she had ever entered the resource center. Leotta admitted she had not.
Laurie Singer, pictured middle, outreach coordinator for the Toms River Housing and Homeless Coalition, watches the proceedings with a member of the Christ Church. (Photo by Stephanie Faughnan)
Broader Concerns
The meeting moved into public comment late in the evening, and only a few community members could offer testimony.
Paul Williams, who does not live in the immediate area but is active in Toms River and has spoken about his own experiences with homelessness and incarceration, took a broader view.
“I am adamantly opposed to this application, because I see it bigger than just this one issue. I see bigger than just this application,” said Williams. “I see a potential impact on this entire town’s zoning ordinances. If this application is granted, when the applicant’s attorney has presented to you that this is what Christians do and that is why it should be granted.”
“Because if this application gets granted for 17 beds, I am concerned about what happens when the next applicant with deep pockets comes here and asks you for a similar variance, for something that may or may not be very similar,” Williams continued. “And they may not be Christians. I am concerned that this is going to open a floodgate that cannot be closed.”
A Toms River Country Club representative expressed concern that the shelter would negatively impact the club’s reputation as a “safe place for families.”
Gemma Maccarick Brennan, president of the Society of St. Vincent de Paul at St. Luke Church, offered a contrasting perspective, emphasizing the need for compassion and understanding. “There comes a time when we have to decide where our humanity actually is,” she said. She also shared her personal experiences of housing homeless women.
The Board of Adjustment will reconvene on May 22 to continue hearing public comments and deliberate on the application.
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