50 °F Ocean City, US
November 11, 2026

NOTICE OF DECISION

Upper Township Planning Board

PLEASE TAKE NOTICE that on November 5, 2026, the Upper Township Planning Board (the “Board”) adopted Resolution BA 13-2026 (the “Resolution”) memorializing its decision granting the application of Foglio Family, LLC (the “Applicant”) for Amended Preliminary and Final Major Site Plan and d(2) use variance for expansion of non-conforming use, and a two-year extension of the approvals memorialized under Resolution 13-2022 (the “Prior Approval”) (the “Application”), with respect to property having a street addresses of 342 and 344 Route US 9 South, Marmora (Upper Township), New Jersey, 08223 and being designated as Block 600, Lot 40, on the Upper Township Tax Map (the “Property”).  

The Property is currently improved with three buildings which operate as a Flooring Outlet, including one storage building.  Additionally, pursuant to the Prior Approval (further described herein), the Property contains a 5,000 SF storage building. 

By Resolution BA 13-2022, memorialized October 13, 2022, the Upper Township Zoning Board of Adjustment approved Applicant’s application for preliminary and final major site plan approval, d(2) use variance for expansion of non-conforming use and to have multiple primary uses on the Property, and bulk variance/design waiver relief to construct two 50’ x 100’ storage/warehouse buildings (the “Prior Approval”). One of those storage buildings has been constructed. As a condition of the Prior Approval, Applicant was required to provide two (2) two-bedroom on-site affordable housing (COAH) units. 

In this Application, the Board granted Applicant d(2) use variance for expansion of non-conforming use and amended site plan approval which removed the condition of the Prior Approval to provide two (2) two-bedroom on-site COAH units.

The Resolution has been filed and is available for public inspection during normal working business hours in the office of the Board Secretary, located at 2100 Tuckahoe Road, Petersburg, New Jersey.

Danielle Kinback, Esq.
Wilentz, Goldman & Spitzer, P.A.
Attorneys for Applicant

Related articles

Transition to Online Publication of Legal and Public Notices

“Please be advised that, effective March 1, 2026, the official and definitive source for all legal and public notices for the Township of Upper, including the Township Committee, Planning Board, and   all other municipal boards and agencies required by law to publish public notices, will be the ‘Legal Notices’ section of the Township’s website, […]

Transition to Online Publication of Legal and Public Notices

“Please be advised that, effective March 1, 2026, the official and definitive source for all legal and public notices for the Township of Upper, including the Township Committee, Planning Board, and   all other municipal boards and agencies required by law to publish public notices, will be the ‘Legal Notices’ section of the Township’s website, […]