Boro allows billboards, but only on two roads BY MICHAEL ACKER Staff Writer SAYREVILLE — Billboards will be permitted in the borough, but only on its busiest highways, Routes 9 and 35. Despite a reluctance to allow billboards anywhere besides industrial areas, the Borough Council on Dec. 18 amended its zoning ordinances to permit the roadside signs as conditional uses on the two highways. Billboards that are already standing in other parts of Sayreville are “grandfathered,” meaning they are allowed, but no new ones can go up with the exception of those meeting the conditions for Routes 9 and 35. Council President Thomas Pollando told the Suburban the council was cautious in setting limits for the billboards that could go up in designated parts of town. “With freedom of speech, we are trying to be cautious of whatever is going to be put on these billboards,” Pollando said. “We don’t want a strip-tease or topless place or anything of that kind advertised.” Planning Board Chairman Dr. John Misiewicz said the ordinance the council adopted is the first to permit billboards in certain sections of town. “We did not have [an ordinance] prior to this, which led to some confusion and litigation, because people wanted to put some up on the highways,” Misiewicz said. The ordinance will help the borough avoid further litigation, he noted. “What it is going to do is give direction to the application as to where [billboards] can be [placed],” Misiewicz said. Billboards will now be permitted as a conditional use in the B-3 zones on Routes 9 and 35 and must be at least 1,000 feet apart from one another; however, this does not apply to panels that are viewed from different directions of travel. The text of the ordinance, written by Borough Attorney Brian Hak, says that efforts will be made to limit the impact on adjoining properties and the highway corridor, but particularly residential homes in the area. Billboards are not permitted within 300 feet of any intersection, underpass, overpass or bridge, according to the ordinance. Also, flashing, moving or projected signs are prohibited. Planning Board officials initially preferred the idea of allowing billboards only in the borough’s industrial zone, but learned that this would leave the borough open to litigation. Someone could sue on the grounds of freedom of speech, since there is a lack of traffic on the roads in the industrial areas, compared to highways like Route 9. The borough was taken to court this year for not having an ordinance allowing billboards, Misiewicz said, adding that the Zoning Board had denied a billboard application. Officials then set out to determine the areas in town where they felt billboards would be most appropriate. Billboards are taxable to some extent, Misiewicz said, adding that the amount of revenue the billboards could generate will vary depending on the size of the billboard. Councilman John Melillo said the council was advised by the Planning Board that it is a company’s legal right to install billboards, within regulated limits, under the First Amendment. “I didn’t know how we could say no legally,” Melillo said. The recommendation of the board weighed heavily on the council’s decision to approve the ordinance, Melillo said. “Usually, when recommendations come in from the Planning Board, the council understands that their recommendation is the best recommendation,” Melillo said.