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Marlboro Planning Board Sued by Billboard Applicant

The board denied a billboard application in March, and now the company is taking the township to court.

Citing wrongful denial, Jersey Outdoor Media is taking Marlboro Township to court after the planning board denied its application in March on grounds of traffic concerns.

Planning Board attorney Michael Herbert announced at the June 6 meeting that the company is suing. 

The application first became before the board in December 2011, and

The billboard, was proposed for a property of the Rt. 79 storage facility owned by Jason Beuge of Farmingdale and his brother.

Planning Board Vice Chairman Gerald Bergh and other board members raised concerns of traffic safety at Ryan Rd., which is proposed to be widened to accommodate turning traffic.

However, Bergh reminded members at the March meeting that the Planning Board cannot deny based on traffic conditions if an application that has met township conditions. A denial due to traffic safety or environmental concerns lies within the jurisdiction of the NJ Department of Transportation and the NJ Department of Environmental Protection.

The motion failed with a 4 to 1 vote in March, Bergh was the only member to approve the application.

A representative of Jersey Outdoor Media said the board has no grounds to deny an application based on traffic concerns, especially when safety studies have not been conducted in the area.

"To deny this application based on a subjective opinion...will result in the township incurring legal fees," he said at the March meeting when the application was denied. 

Although the board announced the suit at its June 6 meeting, details are still under wraps as it moves forward.

Claudine Scozzari June 15, 2012 at 03:59 PM
Along the Route 9 corridor, Marlboro is only from North of the Covered Bridge jug handle to CR 520 or just North of it. The Jake Brown intersection is Old Bridge, NJ in Middlesex County. I don't think Marlboro dumped billboards along Route 9; Marlboro dumped subdivisions along a State highway. A subdivision that was only accessible along Route 9 without a traffic signal or a roadway intersection. Route 79 is still only one lane in each direction and fall under a different "roadway category" according to the federal government.
Marlboro Mann June 15, 2012 at 04:58 PM
Just seems strange that all these billboards are beng clustered in Marlboro while no such issue exists in the expansive route 9 area in neighboring Manalapan. Makes one believe that Marlboro openly solicited these vendors as part of a money grab. Personally, I find these signs on Route 9 extremely distracting just like Councilman Larocca finds them distracting on Route 79. The difference being is that he has money and power to stop it while most of us don't.
cynicinmarlboro June 16, 2012 at 11:38 AM
Our councilman only has power and influence. He wouldn't spend his own money on this. He would much rather the town gets sued and have to pay for it (which it has). So in the end we will be paying for it. Funny how the town seems to be going downhill fast after the last election. That's not to say that anyone else would do better.
Concerned One July 27, 2012 at 12:20 PM
To -Marlboro Mann: You seem tro be quite offbase and have a private agenda against Larocca and Hornik, not sure why. There are quite a few Board members that live "near" Route 9, since noe can live on Rt. 9. This is where the business owners have requested that Billboards be places, similarly to Old Bridge, Sayreville, and even Manalapan and Freehold. No ill doings here. . . . .just free enterprise.
Marlboro Mann July 27, 2012 at 01:40 PM
I have no agenda whatsoever. It seems that whoever is in office always dumps the garbage near the Route 9 communities without regard to their safety or housing values. The illustrious Dr Kleinberg threw a cell tower right next to residential communities along Route 9 and Union Hill Road while simultaneously turning the Park and Ride into a noisy 24 hour bus depot (all with then Republican Jeff Cantor's support). This shouldn't denigrate into class warfare, but then again, who has the time and means these days to run for elected office? I also have never mentioned Jon Hornik's name in any of my posts. He is 1000% better than his incompetent predecessor who lost by a 2:1 margin.

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