Board learns it can't prohibit billboards
The roadside signs will likely be allowed in certain parts of town
BY MICHAEL ACKER
Staff Writer

SAYREVILLE - Like them or not, billboards could become a permitted use in town in order to avoid litigation.

The borough does not have an ordinance that permits billboards to be posted, and those that are seen around town are "grandfathered," meaning they're allowed but no new ones can go up.

The grandfathering has brought the issue to the Planning Board for review.

"Because of that, there has been some concern," Board Chairman Dr. John Misciewicz said. "There is a question of free speech."

Misciewicz said Borough Attorney Brian Hak brought the matter to his attention, asking that the board consider developing an ordinance on billboard use. The matter was then forwarded to Borough Planner John Leoncavello to determine the board's options for adopting an ordinance.

Leoncavello presented two options to the board at its Oct. 18 meeting. He said the board can make billboards a conditional use in certain zones or a permitted use in Sayreville's industrial zone, adding that the latter choice may not help the town avoid litigation, however. That is because the roadways in the industrial zone are not near the main highways in town where more passersby would view the advertising.

For this reason, the board opted to allow billboards only in certain zones if they meet conditions.

"No traffic might be another area of contention," Misciewicz said. "Consequently, the Planning Board directed John Leoncavello to come up with a specific recommendation for billboards, and he is going to come up with a sample, which the board will review and make changes to before referring it to the council for adoption."

Planning Board member Michael Macagnone, who is also president of the Board of Education, asked why the board has to allow billboards at all. He said they are not desirable for the borough's landscape.

Leoncavello responded that it is an issue of freedom of speech.

"It can't be outlawed ...," Leoncavello said. "You cannot bar it 100 percent in the borough."

Misciewicz reiterated that the board could face litigation if it were to only allow billboards in industrial zones, which includes Jernee Mill and Cheesequake roads.

"We may still have an issue with litigation if we only allow [billboards] where there is no traffic," Misciewicz said. "... It is a free speech issue and it can be a thorny one. It can be litigated ad nauseam."

The billboards currently posted at the intersection of Ernston Road and Bordentown Avenue, known around town as the "hole in wall" due to the railroad overpass there, is a pre-existing nonconforming use, according to board Engineer Jay Cornell.

Leoncavello said that the billboards up in the borough now are old and are not used anymore.

Billboards are 14 feet by 48 feet in standard size, and 17 by 58 feet on highways, Leoncavello said. He added that the board can apply conditions setting a minimum distance between billboards, and on the effect the billboards will have on vistas.

Macagnone suggested that if the Planning Board must allow billboards, it impose the most restrictive rules possible.

Misciewicz said that while the issue is still under review, the board needs to take action on it in the form of a recommendation to the Borough Council.

The board voted 8-1 to approve a motion directing Leoncavello to draft an ordinance that makes billboards a conditional use in certain zones. Board member Daniel Volosin cast the dissenting vote.

The recommended zones are likely to be in the vicinity of routes 9 and 35, which is part of the borough's business zone.

Misciewicz said the permitted lighting, size, height and type of billboards will be worked out in the process ahead.

"We are going to have to come up with a finite ordinance," Misciewicz said, "then we will hold a public meeting on this, then it will be sent to the council and they will have a public meeting on this."

He said the process of adopting an ordinance could take two months, adding that it will likely be adopted early next year.

"This is a contentious issue," Misciewicz said. "The reason that the boards want to do this is because once the issue is litigated, it is out of the board's hands and it is in a judge's hands."