New Subdivision Application Filed Disguises Use Variance
Corruption Watch

11/4/18:

Atlantic Paving, whose site plan with use variance was denied and who is under “pressure” from the municipal court to cease the illegal expansion pending approvals, (new court date Nov. 19) on Oct. 3 files what it claims to be a minor subdivision, without variances or waivers to continue the existing use which is in violation and requires a use variance that was already denied. The plan also lacks a cul de sac which has been evaded on prior subdivision plans and therefore requires a waiver from this requirement. A minor site plan without variances does not require public notice and no doubt they were hoping the board would quickly approve it without knowledge of the neighbors. Fortunately, the editor found out about it and sent a letter to the planning board attorney advising of the fraud and requesting to be noticed about any hearings so he could formally object on the record. The recusal of Mr. Hayes, who sits on the board, was also sought due to his apparent advocating for the applicant in overseeing issuance of the dirty zoning permit and failing to terminate the violations and being a defendant in the plaintiff/editor’s previous lawsuit for damages. The attorney has yet to acknowledge receipt of the letter. Applicant/occupants seem in no hurry to clean up the site in prep. of the Nov. 19 court date or hearing by the planning board since claiming the existing use is legal and to be continued and perhaps knowing the municipal court will continue to give adjournments due to the mere filing of plans.
Unclean hands doctrine is again evident and no subdivision relief can lawfully be granted while in violation.

11/10/18:

Looks like a planning board hearing may be on for Nov. 20 with conflict attorney Mr. Kennedy who was attorney for the zoning board matter. Also looks like Mr. Hayes is no longer listed as on the Planning board since last edit. In author’s letter to regular attorney, it was pointed out Mr. Hayes should  recuse himself due to his supervision of issuance of the dirty zoning permit to the neighbors and inability to terminate the expansion of use since the first Notice of violation in 2010. This can be construed as advocating for the neighbors and against the author/objector and certainly not impartial.

11/25/19

No Enforcement by New Administration Either

On 1/23/19 City Administrator Jackson was emailed a copy of a new  zoning complaint filed with zoning officer Michelle  Bernich and her boss Mr. Hayes  documenting the continuing expansion of use beyond the original garage, without zoning approvals similar to prior violations and summonses and wondering why an injunction was not being obtained pending approvals.   No answer was forthcoming and on 3/7/19 copy of another complaint to zoning documenting the ongoing zoning violations was emailed  to Mr. Jackson. As stated therein” “Please see recent photos showing increased stockpiling and expansion of use at the Atlantic Paving site and consider this a new complaint.  The outdoor use was rejected by the zoning board and affirmed on appeal and should have been enjoined by now”  No answer was received then (or since).

On Monday 3/11/19 a new Director of Building and Development, Mr. Nicholas Graviano,  with supervision over building, planning & zoning and code enforcement departments took office as replacement for Hayes who “retired” Oct. 1, 2018.

On 3/12/19 and 6/12/19 OPRAS  were  filed seeking any new notice of violations or summonses issued to occupants of the neighboring property. None were obtained. More recently, on October 11 and 18, 2019 Mr. Graviano, Jackson and Mayor Pallone were informed that site work was being done , i.e. creation of a buffer though no approvals obtained. No response was obtained then or since. The use is allowed to continue and intensify without any effort to abate by Long Branch in knowing violation of a court order. Its immaterial that new summonses are not being issued by the Administration.  The lack of any indicates collusion and adoption of the ongoing conspiracy to help the neighbors evade the zoning and other laws. Noteworthy that the stockpiling and use has also intensified on the Morris Ave. residential zoned lots and across the street  from councilwoman Celli’s residence.

New Planning Board Attorney Grants Indefinite Adjournment

Mr Hayes “retired” or was unloaded on Oct. 1, 2018 (a good act by the administration) and will not be Involved in the planning board matter and the 11/20 hearing was adjourned several times for several  months while a new Director of Planning and Zoning (and Building and Development and Code enforcement), Mr. Nicholas Graviano, a planner with a law degree, was hired (3/11/19). He hired a new planning board secretary to replace the previous one who retired, the  board was reconstituted and  a new planning board attorney, Ronald Cucchiarro  was hired and assigned to replace Mr. Kennedy as no more conflict. A new hearing date of 4/16/19 was listed and the editor/objector emailed a letter 3/7/19 to the board engineer advising of the history and applicant’s attempt to gain a use variance thru a subdivision, (which would be a crime – official misconduct) as well as the lack of a cul de sac or any provision for circulation of traffic, and that the garage on Morris Ave. belonged to a dry cleaner, a non-conforming use in the residential zone, and has been  an orphan as the primary use structure is gone  and having been abandoned and non-conforming should be demolished, and finally that the DEP should have been consulted by applicant as to what use allowed in the riparian and flood zone. On 3/14/19 objector received an email back from the board planner who works with the engineer, cc to Mr. Graviano,  attaching their review letter dated 3/12/19 along with objector’s photos & opposition letter. Mr. Graviano immediately emailed objector not to submit anything to the board professionals until the hearing and that he was going to delete the email.  (destroying public records is a crime) WHILE THE ENGINEER REVIEW LETTER FROM CME ASSOCIATES IS THOROUGH IN ALL OTHER ASPECTS, IT FAILS TO MENTION ANY NEED FOR A CUL DE SAC OR ANY REQUIREMENT FOR CIRCULATION OF TRAFFIC DESPITE OBJECTOR’S WRITING ABOUT IT AND REQUIRED UNDER THE MUNICIPAL LAND USE ACT. Furthermore the previous planning board secretary, stated that the planner was coming in to the office 3/5/19   and she would ask when the report would be done. so it was obviously not completed before the editors 3/7 letter was sent and the 3/12/19 report obviously ignored the editors evidence and concerns.

On July 16, 2019  after obtaining several prior adjournments, while continuing to operate an outdoor contractor’s yard in violation of the zoning board Resolution and order of a superior court judge affirming the Resolution and denying the use,  the new planning  board attorney  with  knowledge of this,  gratuitously grants an indefinite adjournment based upon a last minute written request by applicant’s attorney. No questions or discussion by the board as to whether warranted and no vote.  Applicant’s attorney not even present.