WILF & PITMAN'S GRAND CRIMINAL CONSPIRACY

THE GRAND CRIMINAL CONSPIRACY

INTRODUCTION: According to the long time residents and documents available lot 26 & 27 in Block 1105 owned by Gene Consales has a very scandalous history. There was a Swimming Pool on lot 27 which was shut down in 1964 or 1968. Lot 26 has never been touched by a human being for any kind of development or use because of its 60-70% very deep terrains for more then 100 years. Even the lot 27 also has 50-60% deep terrains has not been touched by any one since the closure of the Swimming Pool. Since mid 80’s Gene Consales has tried to develop it with the help of different builders requesting different variances. Each time the Planning Board rejected those request due to concerns for deep terrains or Critical/Steep Slopes. This is also a scandal how this property got into the towns multi-family residential Zone. The town has a very simple answer for that they do not have any records prior to 1999 because they were washed in the flooding.

JOSEPH BURGIS, MARCH 27, 2005: Submits a Planning Report in support of application for “C” variances on behalf of K & K Developers, Inc. with full knowledge and understanding of Counsel Bruce Pitman and Zygmunt Wilf attorney developer behind K & K Developers, Inc. to Springfield Planning Board. Mr. Pitman in 2000 has opposed a development on these lots due to its Critical Slopes and Zygmunt Wilf is a life long resident of Springfield as well as the biggest developer in the town. In his Report he writes; the site consist of two lots 26 & 27 of Block 1105 together aprx. 8.07 acres with most noteworthy physical feature its Steep Slopes. Slope analysis indicates 38% of the site is characterized as steep slopes, with 14% Slopes of 20-25% grade and 11% Steep Slopes of 25% and above grade. These steep slopes form a band-like border that wraps around the east, south, and western segments of the parcel, as well as a sliver that extends through the central portion of the property. Surrounding developments Troy Village and Summit Hills are also multi-family residential developments. The applicant wants to make 93 Luxury Condominiums in one 3 storey Building on 2 Levels of Underground Parking with residential quarters on third storey also. He further writes Code permits up to 16 units to the acre and we are eleven units to the acre. Code permits up to 25% building coverage, we are only at 14 percent building coverage. Code permits up to 50% impervious coverage and we are only 32% coverage. Code permits 35 foot building height and that’s what this structure is, it’s a 35-foot building height. So consequently whether we’re two stories or three stories, the building height would remain the same. Code permits 32 units in one Building due to the topography of the land to minimize the intrusion of Steep Slopes the applicant seeks to have all 93 units in one Building with a Retaining Wall around it. In order to enable proposed development the applicant is seeking three variances due to the difficult terrains which require efficient use of site. The requested variances as follows: (1) a variance allowing living quarters above the second floor in a multi-family building, (2) a variance allowing 93 units in one building, and (3) a variance allowing disturbance of steep slopes of 25% grade or over due to Retaining Walls by 35.3% against the town ordinance maximum allowable disturbance 5% only. According to the MLUL these all qualify as “C” variances and are subject to the above criteria. No variance was requested at any stage to merge the lots 26 & 27 in Block 1105. NO VARIANCE TO MERGE LOTS.

STATEMENT OF FACTS:

1997 MASTER PLAN REFERRED THIS LAND AS A VACANT PROPERTY
LOCATED IN AN AREA OF STEEP TERRAINS, ELEVATED NOB. Land
Use Law also says, “That Zoning should be by Ordinance and not by Variance.”
Joseph Burgis in close association of Counsel Bruce Pitman lies and misrepresented to the Board with criminal intents to defraud the residents of Springfield. In his report submitted to the Board on 3-27-05 misrepresented that this land is having 38% steep slopes; 13% steep slopes of 15-20% grade, 14% steep slopes of 20-24.99% grade and 11% steep slopes of 25% and higher grade. Later during public hearings for their development application on 7-6-05 he revised these figures to 51% total land with steep slopes; 13% steep slopes of 15-24.99% grade and 38% steep slopes of 25% and above grade. Counsel Pitman, Planner Burgis and some the Board Members knew that these figures were still incorrect. Dishonestly Burgis never defined 25% and above grade steep slopes and why he is not referring them as Critical Slopes Area?

Michael Tobia, Ex-Town Planner Springfield & Planner for Pinnacle, Sep. 6, 2000
on the Topography of Land: “59% of the site is steeply sloped. Existing height of 290 feet on the site will be reduced to 262 feet after blasting. Elevation to be reduced to 230 feet to create a more or less flat site resulting in massive Tree removals.”

“BLASTING? YOU ARE GOING TO REMOVE ROUGHLY 25 FEET SURFACE OF THE HILL?” Counsel BRUCE PITMAN, Aug. 2, 2000.

PLANING BOARD FINDINGS Nov. 1, 2000:

THERE ARE STEEP SLOPES OF 25% AND ABOVE IN THE 42% ACREAGE.

THERE ARE STEEP SLOPES OF 15-25% GRADE IN THE 17% ACREAGE.

TOTAL ACREAGE IS 59% FOR THE LAND WITH STEEP SLOPES.

ENGINEER LEE FOR BRUCE PITMAN ON THIS LAND, July 5, 2000:

“HERE WE ARE NOT JUST DEALING WITH CRITICAL SLOPE AREAS.
WE ARE DEALING WITH SOME SUPER CRITICAL SLOPE AREAS BESIDES 15% GRADE. ON THIS SITE YOU HAVE SLOPES THAT ARE 100% WHICH MEANS IT IS ONE TO ONE OR 45 DEGREE AND WE HAVE THOSE SLOPES ALL AROUND HERE. THE RESIDENTS OF BALTUSROL WAY ARE CLOSER TO 100% CRITICAL SLOPE AREAS. SOME 100% CRITICAL SLOPES ARE RIGHT ALONG WITH THE AREAS IN FRONT OF THE WILSON RD.”

Critical Slope Areas are sensitive areas just like wet lands are sensitive, stream-flood planes are sensitive. Steep slopes are also sensitive areas which you want to protect because they have sensitive vegetations which must be protected. There are erosion problems, if you disturb them, you will increase erosion of the slope. So typically you want to protect them because Mother Nature does a very good job in stabilizing it, man-made structures generally do not have as much integrity as Mother Nature.

BRUCE PITMAN ON PINNACLE FOR SAME LAND, SEP. 6, 2000:

If it (development) is granted, it’s going to establish a number of negative precedents and problems that this town will have to live with for a long time. You are going to have a structure 90 feet high not permitted under your ordinance, wholesale destruction of natural areas, trees, green acres et cetera. What Mr. Marshall pointed out, you are establishing a precedent of massive INVASION INTO CRITICAL SLOPE AREA. Your ordinance that said, “There shall be no building in Critical Slope Area, shall be limited to which is minimally practical. If you allow 50% of the structure in Critical Slope Area it really violates evens your existing ordinance.”

The Critical Slope Issue is probably the most Major Issue on this Project. Your ordinance says that Building in the Critical Slope is to be Limited to the extent practical. If you allow…then what’s the big deal about Critical Slope Area? Why do we have any ordinance about it anyway? Is it meaningless, you have Critical Slopes in some cases what the Engineer called 100% almost straight up and down. They are being cut away, you are building on it, you are building over the Critical Slope Areas. If this is granted you are totally and completely disregarding that. Get rid of your Critical Slope paragraph, just get rid of it, you do not need it. It is absolutely okay to build not minimally, not to the extent practical but substantially within the Critical Slope Areas. If there is a disaster like Marc Marshall says there could be. That will happen five or ten or fifteen years from now. None of us will be around. If there was a purpose to the Critical Slope Areas as I understand it. There is a clear purpose for Critical Slope Areas. Then how can you permit 50-55% structures to be built in Critical Slope Areas? This will be clear violation of Critical Slope Areas ordinance.

ACCORDING TO: COUNSEL BRUCE PITMAN, ENGINEER CHUCK LEE,

BRYAN VANDERGHEYNST, NJ CERTIFIED FORRESTER & TREE EXPERT JOHN LINSON, PLANNER WARREN BENDIXEN, MARK DE NOBLE (EX-GENERAL MANAGER BALTUSROL GOLF CLUB) KEVIN VITALE (PRESENT GENERAL MANAGER CLUB), COUNCIL BRUCE OGDEN FOR CLUB, MARC MARSHALL, NINO DEL MAURO, BELLA LIPTON, MARTIN LIPTON, GREG CLARK, EUGENE DROOD, ROBERT ROSSENER, LEWIS STIGLEY, MARILYN STIGLEY, VINCENT DE GAETANO, CHRISTINE BORIS, ED BERTOLOTTI, FRANK HUBER, DR. STEVEN DE FRONZO ALL RESIDENTS OF SPRINGFIELD:

“NOTHING SHOULD BE BUILT ON LOT 26 & 27 BLOCK 1105 ON WILSON RD. IN THE TOWNSHIP OF SPRINGFIELD.”