Board confirms no retail uses for new building
BY REBECCA MORTON Staff Writer

MARLBORO - A two-story, 22,430- square-foot office and warehouse project at Amboy and Tennent roads received final site plan approval from the Planning Board on June 18.

The application submitted by Ambten Road Associates received preliminary approval on Feb. 20 in a 7-1 vote. Board member Mark Barenburg cast the dissenting vote. Vice Chairman Gerald Bergh abstained from voting.

Ambten's owner is listed as Sheldon Rodgers, according to planning documents. Rodgers owns Garden Irrigation, Route 9, Marlboro.

The new building at Amboy and Tennent roads will have 7,730 square feet of warehouse space and 14,700 square feet of office space. The applicant sought 12 variances and waivers to township codes, including a parking area or driveway setback of 150 feet from any front, side or rear lot line that abuts or is near the street line of a residential zone. Approximately 10 feet was proposed.

The subject property is in Marlboro's industrial office research (IOR) zone, which requires a 5-acre lot size. Ambten's property is 3.8 acres. Property across the street from the Ambten site is zoned residential.

The approval of the Ambten application has already resulted in pending litigation against the Planning Board filed by resident Alexander Ingham, who lives across the street from the site.

During the hearings on the application, Ingham and his wife objected to the project's requested variances. In his lawsuit, Ingham calls the board's approval of the Ambten application "arbitrary, capricious and unreasonable."

Planning Board attorney Michael Herbert told board members that even with the pending litigation they could still hear the application for final site plan approval on June 18. Herbert explained that if the litigation results in changes to the preliminary approval, the applicant would have to reappear before the board with a plan.

Reviewing the site plan, township engineer Ernest Peters made note of comments listed in his report.

Engineer John Ploskonka, representing Ambten, said the applicant has no problem complying with the comments listed. Ploskonka continued on regarding outside agency approvals, noting that the Monmouth County Planning Board is expected to give the project its approval on June 23. The Freehold Soil Conservation District approved the plans earlier that day, he said.

Peters clarified that work cannot move forward on the project until it receives all outside approvals.

Ambten would be subject to not only an affordable housing commitment (i.e. payment to Marlboro's affordable housing trust fund), but must install a sidewalk along Tennent Road or make a payment to Marlboro for the sidewalk, township planner Richard Cramer explained.

Attorney Salvatore Alfieri, representing Ambten, said payments would be made on both issues and be included in the developer's agreement.

Questions arose about potential retail uses at the property, which is allowed in the IOR zone up to 15 percent of gross floor area.

Barenburg wanted to ensure it was stipulated that the Ambten facility would not contain any retail space, only the office and warehouse space as it had been presented.

"With these parking conditions and going up along Tennent Road having retail in there is just a detriment," Barenburg said.

It was confirmed that the preliminary approval does not allow for any retail space, only general office and warehouse space in the new facility.

Township Councilman Frank LaRocca, who sits on the board, questioned the type of barrier that would be placed along the building's frontage on Tennent Road.

There appeared to be some confusion, as Ploskonka had planned a split rail fence with thorny bushes to prevent pedestrians from walking out onto Tennent Road.

Board Chairman Larry Josephs responded by saying that the concern was more about preventing cars from coming off Tennent Road into the parking lot.

Rodgers said he would construct a wooden version of a highway guardrail for the property.

The plan received its final site plan approval with a 5-1 vote. Barenburg again voted against the application and Bergh abstained for a second time.