Politics & Government

Planning Board Attorney Gives Brief History on Billboard applications

Topic once again dominates board's agenda

At Thursday night's meeting of the planning board, there were five applications on the agenda for billboards that if approved would be placed in various parts of town.

Much as they had done at their first meeting of the year the board members expressed their concerns with various aspects of the applications. While some were approved, one was tabled and one was unable to finish their hearing due to time constraints.

Perhaps the most informational item of the night came from board attorney Ronald Cucchiaro who went over the history of the township's ordinance for the as well as those who had their seats in the past. 

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While the applications on Thursday night were in front of the planning board, Cucchiaro said the ordinance started as the result of action by the township's zoning board. It was not long ago that the township had an ordinance banning billboards in town no matter where they were.

Outdoor Media, one of the applicants on Thursday, had an application at that time in front of the zoning board that was rejected and ended up in court. The basis of the court action, he said, was "challenging the denial of the use variance," as well as, "challenging the constitutionality of our ordinance prohibiting ordinances in all locations."

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Cucchiaro said at the time Howell was one of three towns including Marlboro and Manalapan that was sued in order to allow billboards. "At the time the great weight of case law, virtually every case from our New Jersey Supreme Court as well as the United States Supreme Court takes the position that these are fundamental constitutional rights that are at issue for the billboard companies, mainly their freedom of speech."

In light of those facts Cucchiaro said a settlement was reached between all the parties "rather than taking the chance of the courts rewriting our ordinance where we would have no control over where any of these billboards would be going."

The question came about after Stephen Johnson, one of the new members of the board asked whether the 250 foot gap between billboards and residences was from the property line or from the structure itself. Cucchiaro said the ordinance had been interpreted to mean the physical building rather than where the properties begin and end. "That was the guidance we got on the very first application when we sought to clear that issue up," he said.

There were several other issues raised over the course of the meeting when it came to the applications. One application by CBS Outdoor located at 4710 Route 9 near Kent Rd. brought questions on whether the signs could distract drivers when the Howell First Aid Squad ambulances were leaving their house. 

Despite assurances from the applicant that they had approvals from the New Jersey Department of Transportation, that was not enough for some members on the dais. "You have more faith in the DOT than I do when it comes to my specific concern," said Evelyn O'Donnell. "I realize our legal obligation, but I have a personal concern about this specific site with this specific sign and I do want it on the record that I am very concerned. I realize our legal obligation but that does not negate my feeling on the specific site and its safety and what may arise from this."

Councilman Rob Nicastro who had raised the question of safety echoed O'Donnell's sentiments "My concern is it will create a more hazardous condition in its location for the emergency personnel that are there that use that exit for a roadway."

That particular application was tabled with the applicant saying they will have a traffic study conducted in regards to the safety of the drivers and the emergency responders.

The next planning board meeting is scheduled for Feb. 16 at 7 p.m. at Town Hall. 


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