10/30/2018

We have information from the contractor that early this week they will be finishing the wall. On Wed through Friday they will be planting new Pine Trees and then will rake and seed the grass area from the wall to just past our back gate.

update 10/25/2018

latest photo of work on the site is below – a crane is on site moving steel for the Learning Center, concrete is being poured, the wood for framing is on site.

As a note, the landscaping between the fence running along Morningstar and the Morningstar curb area is the responsibility of the developer of the property. That landscaping is expected to be done within the next 10 days.

update 10/24/2018

The concrete for the foundation of the Learning Center is being poured.

Our information is that the landscaping in the area of the fence will be done by the end of next week.

update 10/23/2018

On Monday and today the fence and posts were delivered. The following pictures were taken by your board member Marilyn Carpini a little after 3 PM today.

Update 10/18/2018

As of today, the berm and swale that parallels Morningstar Rd right of way were created. see attached photo.

The fence and wall contour work along Morningstar right of way are scheduled to be done early next week.

The landscaping along Morningstar Road is expected to be in place within the next 10 working days.

We have provided DTE irrigation contract information so that the can arrange repair to the irrigation they disturbed in the area of the Morningstar Rd. right of way.

As you know the sewer work is underway – the following are photos taken by your Board members over the weekend. For your safety the site is marked with a “No Trespassing” sign – so please be careful if you stop to look at the progress.

Update 10/3/2018

This morning the contractor began to mark out the sewer direction lines. In addition, part of the brick retaining wall was removed.

Your entire board along with Chuck Braun visited the site and spoke with Roger Hanenberg. Mr. Hanenberg indicated that blocks from the retaining wall had been salvaged, and the remaining retaining wall will be extended by another 5 ft. The 5 ft. of wall will curve inward towards the proposed houses to be built on the site.

In addition, a 6 ft. high fence will be erected and continue down from the retaining wall towards our back gate. We were shown where the trees will be planted behind the silt screening, along with the buffer planting requirements.

Mr. Hanenberg indicated that an more efficient water hook up is being utilized which will eliminate the need for water to Four Seasons to be inconvenienced by a water shut off for a few hours when the hook-up is being done. Also, this new hook-up method will eliminate digging up part of Morningstar Road.

Update 10/2/2018

Yesterday at out back gate you saw 2 concrete mixers feeding a crane which poured the concrete into forms that were most likely the foundation for the building.

Sewer pipes have been on site since last week; on 9/26 State of NJ Vehicles were also on site to inspect the site and to assure all requirements/regulations are being met by the builder/contractor of the site.

Your board has been in back and forth contact with Freehold Soil Conservation, State governing agencies, Wall Township and OSHA to keep these organizations active in site inspections/compliance.

If you scroll down to 9/14 you will note the information your Board received from Roger McLaughlin who represented FSW at wall back in 2014-2016 and again is representing us in contacting the attorney for the back gate site. Per Mr. McLaughlin the owner/builder acted fully within their rights based on easements and resolutions to begin and operate this project.

Your board continues to work with Wall Township to get signage and assure safe in and out access/egress for our residents at the back gate. The concern is that when large trucks carrying equipment access the site from Rte. 70, our residents and emergency vehicles may be forced in and out of lanes and potentially this could cause accidents.

Our first bill from Roger McLaughlin for information and letters in August is for $840. Mr. McLaughlin came to address the board on 9/14 and we anticipate that visit and subsequent letter(s) to the attorney for the back gate site will cost us a similar amount.

Your board does not wish to continue to incur additional legal fees, but rather to focus on assuring that FSW receives all due restoration, fencing, buffer plantings, and safety features, etc., in the best interest of all in our community.

Update 9/22/2018 –

On September 14, 2018, our attorney, Roger McLaughlin wrote to the attorney for the principals of the back date property, requesting a meeting, etc. A copy of the letter is include in the 9/14 posting below. To date there has been no response to that letter.

Sewer pipes have been delivered to the site. Forms for the basement of the Learning Center have also been delivered to the site.
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Update – 9/17/2018

Your Board of Trustees is in contact with Freehold Soil Conservation District, who are responsible for this area of Monmouth County. Freehold Soil were notified on Thursday 9/13 about soil being moved on the property and one of the inspectors did speak with a Board member to discuss the project. Per Freehold Soil district, the contractor does have approved plans and permits to do the required grading, however, the Freehold Soil District should have been notified prior to the start of that phase of the project. The inspector anticipated visiting the site on 9/14.

Today additional information was faxed over to Freehold Soil Conservation, as soil is being readied to move off of the acreage, and sewer pipes as well as foundation boxes for the Learning Center are being delivered to the site.

As you will see in the 9/14 update below, our attorney Roger McLaughlin is interacting with the attorney for the contractor.
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Update 9/14/2018

Your Board of Trustees met this morning with Roger McLaughlin regarding the back gate property. Mr. McLaughlin has been re-engaged by FSW to represent us.

Mr. McLaughlin provided the following information:

> The Township of Wall is permitted to give an easement to the contractor at the back property to perform work associated with the project.

> Because of easement rights, the contractor has the right to go into FSW.

> No one is liable for property disturbed by use of the easement.

> Generally, the contractor is obliged to restore disturbed property.

> In the event the decorative wall is damaged/removed, the contractor will probably restore the wall, however they are not forced to do so.

> The contractor does have a Performance Bond and Insurance.

> We, FSW, would have no right to obtain a injunction -it would be a waste of time and money for us.

The planned course of action is for Mr. McLaughlin to contact Wall Township officials to get a stop work order until a meeting is arranged between your Board of Trustees, Town Officials, and Contractor &/or his representative.

One of the options your BOT would like to discus at the meeting is the possibility of re-routing the proposed sewer hook-up and perhaps hook-up through Morningstar Road. This may allow the replacement of trees rather than bushes over where the present sewer hook-up is anticipated.

Mr. McLaughlin has contacted Wall Township Officials who have agreed to stop the work while a meeting is being scheduled. A copy of Mr. McLaughlin’s letter to the attorney for the contractor/owner is attached.

1211_001

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Update 9/12/2018

Your Board of Trustees has received the following information from Roger McLaughlin regarding the back property. Also included for your review and information are copies of the 2014 letters from Roger McLaughlin and Keith Henderson regarding the back property, along with copies of Easements relating to the back property.

info from attorney
Common ElementsUtility Esmt 21897
Greenhorn Access Esmt83198
RoadwayUtility Esmt. 21897
R. McLaughlin's Letter to K. Henderson
April 4, 2014
March 24, 2014

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Update 9/5/2018 – Easements filed that may impact the back gate construction.

There are two easements on file that relate to Block 893.06 Lot 49 – which is our Four Seasons at Wall community. One of the easements was dated February 18, 1997 and recorded in Deed Book 552, Page 920. We are seeking information as to what “community” is defined in the easement – is it Four Seasons at Wall, or Wall Township as the “community”.

The second easement executed by Khov, also on February 18, 1997, and recorded in Deed Book 5584, Page 223, is entitled Declaration of Reservation Roadway/Utility Access Easement.

As more exact information is received by your Board of Trustees, this information will be posted.

Update 8/30/2018 and September 5, 2018

Your Board of Trustees had another conference call with Roger McLaughlin on 8/30/2018. Mr. McLaughlin is going to have Wall Township provide the Wall Township Planning Board minutes for July and September 2016 to shed additional light on the status of the property adjacent to our back gate. Four Seasons at Wall may have to have a title search done to determine the exact property lines in the back gate area.

8/20/2018

Your Board of Trustees had a conference call with Roger McLaughlin this morning regarding easements, and any agreements that would impact the construction at the back property and our property here @ Four Seasons. Mr. McLaughlin was the attorney representing Four Seasons at Wall Township meetings on the back property. Mr. McLaughlin came on board with Four Seasons in 2014.

Specific questions were asked about conditions to the easement(s) that allow for routing sewer lines through Four Seasons property and the subsequent tree removal along Morningside.

Mr. McLaughlin is going to review his file and check records at the Township Office(s) for additional information. He did indicate that easement(s) and any conditions may have been granted by the developer, KHov. The review of the information and checking with the Town may take a few days and he, Roger McLaughlin, will provide Chuck with any information. That information will be passed onto all of you.

As a note, the Board of Trustees had requested a meeting with the Contractor at the back property to review items that are in the Town approved plan and to make sure our property and residents are protected. The meeting was scheduled for August 14, however, the attorney for the Contractor was not able to attend the meeting and it will be rescheduled.

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April 2016 Wall Township Planning Board Meeting Minutes – These minutes relate to the Learning Center and the construction of 6 homes adjacent to the back gate area of Four Seasons. There are 10 pages to the Minutes so you will have to scroll down at the bottom of the first page.

04042016-486Planning Board Mtg

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