SOMERS POINT — A measure proposed by Councilman Sean McGuigan would allow businesses to use space in city lots to fulfill parking requirements.
Ordinance 17-2026, which was introduced June 25 in a 4-3 vote, states that commercial development, particularly along Bay Avenue and between Bay Avenue and Shore Road, is constrained due to the size of the lots.
It notes that there are several city-owned parking lots along Bay Avenue where a limited number of spaces could be provided to new businesses that otherwise may not be able to satisfy the minimum number required.
The ordinance states that would benefit the city by promoting efficient use of available parking spaces, assisting traffic circulation and access, and open the door to new enterprises.
The measure would allow City Council to grant a deed of easement to the owner of a new commercial business situated within 100 yards of a city-owned parking lot, giving the owner exclusive use of certain spaces for a fee. All such easements granted may not exceed 20 percent of the lot combined.
The ordinance further states that the Planning Board or Zoning Board must approve any easement, which may be made a condition of application approval.
In addition, City Council may enter into an agreement in which the owner, customers, employees and patrons of a new commercial establishment in the area have non-exclusive use of parking spaces within a specific municipal parking lot, and the city would have the non-exclusive right to use parking spaces in the owner’s lot for overflow parking when needed.
While the measure could benefit multiple properties, it appears to be geared specifically toward one particularly lot, at 731 Bay Ave.
In December 2025, McGuigan reported that an unnamed developer approached the concept review committee with a proposal to build a mixed-use building on the southwest corner of Gibbs and Bay avenues but lacked adequate parking.
The developer proposed creating a cut-through from its lot to the adjacent municipal lot on the corner of Higbee Avenue, across from the Gateway Playhouse. That would conceivably provide enough parking that the Planning Board would approve the project, despite a double-digit deficiency.
McGuigan said at the time that the proposal calls for demolition of the existing building and construction of a new one with three retail spaces on the first floor, office space for medical billing on the second floor and an owner-occupied home on the third floor.
The reason he brought the issue to council is because the developer is requesting a cut-through so that vehicles in its parking lot could access the adjacent city parking lot if there were spaces available.
“I think it’s an attractive building and I really think that this is a great use for Bay Avenue — it will increase walkability and all the other sale pitches and get us a little bit of retail that I think will help Bay Avenue develop,” he said in December.
McGuigan said the developer offered to allow its lot to be used by the public during off-hours whenever there is an event such as a theater performance or the summer concert series at nearby William Morrow Beach.
“This gives us the advantage of being able to utilize their spaces,” McGuigan said.
He said the plan lacks adequate parking, so the developer would otherwise have to seek a variance for a deficiency of more than 10 spots.
“Parking is a constant problem and suppresses development down there, and I don’t want to see this being suppressed,” he said. “If us offering that cutout helps this get approved, then I’d be for it.”
On June 25, Councilwoman Janice Johnston argued that the ordinance “defeats the purpose of having a municipal parking lot, because you’re allowing someone to build something bigger than what’s allowed and use the city parking.”
McGuigan said the proposal goes hand in hand with a past measure that reduced the parking requirements for restaurants from one spot for every three seats to one for every five.
“That was done in the name of economic development to make our restaurants or our community more competitive in attracting new restaurants and making it easier for our restaurants to operate,” he said, noting nothing was done to benefit retail businesses. “This is in the same vein as that.”
Johnston countered that when the parking ordinance for bars and restaurants was amended, one of the things that factored into that was the increasing use of ride sharing.
“So retail, all this does is allows them to build something bigger, and just pertaining to 731, I don’t think we need that huge building on the avenue that doesn’t fit in with the neighborhood,” she said.
The vote was 4-3 in favor, with Johnston, Councilwoman Morgan Slaughter and Councilman Rick DePamphilis voting no, McGuigan, Councilman Howard Dill, Councilman Jack Shields and Council President Kirk Gerety voting yes.
“As much as I would like to see that built on, I’m not sure that this is a good idea,” DePamphilis said.
Gerety said he would like to hear from the public on the issue.
“In the interest of just pushing this along a little bit and getting to the public comment on it, which we just had on the noise ordinance that some people thought was a good idea, I will vote yes to move this along but I am not promising that I’m voting yes for this because in 20 years of sitting here, I’ve never, ever seen anything like this,” he said.
A second reading and public hearing on the ordinance are scheduled for July 9.
– By CRAIG D. SCHENCK/Sentinel staff
