TO JUDGE ANZALDI ON CRIMINAL CONSPIRACY
Devendra Makkar
Plaintiff Pro Se
April 11, 2006
Honorable Ross R Anzaldi, J.S.C.
Union County Superior Court
Re: Makkar et v. Wilf et al, Docket No. UNN-L-00107-06, Additional Documents in Support of Motion Permanent Restraints For Developing Lot 26 & 27 Block 1105 in Springfield Township
Honorable Judge Anzaldi:
Please accept this letter-brief in lieu of more formal brief in support of plaintiffs Motion for Permanent Restraints and Criminal Prosecution of the defendants and other individuals and Companies involved in this sordid saga of corruption, bribery, favors and misuse of public office and public trust. Plaintiff is enclosing statements from Exhibit B to L of experts in various fields, residents of Springfield and some Board Members voicing opposition to these kinds of developments on this particular parcel of land during the Public Hearings conducted by the Springfield Planning Board during 2000 and 2005. It may assist the Honorable Court in its decision making process. These statements have been taken from the Transcripts of these hearings provided to the plaintiff by the Springfield Township Clerk and are true and accurate copies from the same.
The most disturbing question is how this particular parcel was included in the M-R Zone when no other parcel in the twp. of Springfield under M-R Zone resembles the land description of this Parcel at Wilson Rd. The Springfield Town Planner Michael Tobia in early ninety’s tempered with the definition of Critical Areas and Steep Slopes can safely be called the midwife to this scandal. In 2000 he unsuccessfully on behalf of Pinnacle Communities as their Planner tried to get approvals for 96 garden apartments in 4 buildings from the Board. Even the tempered definition of Steep Slopes and his arguments that the disturbance limits in the ordinance for steep slopes are arbitrary could not convince the Board barring Harelik & Grossbarth, Planner Michaels, Engineer Kirkpatrick, Fire Department’s David Maas, Residents of Springfield, Golf Club’s Expert and above all Counsel Bruce Pitman along with his experts, “that any development of this nature can be done on these Steep Slopes.” Counsel Bruce Pitman’s entire opposition, briefs and expert testimony against any development on this parcel was based on Steep Slopes and Critical Area for this land. He said, The Critical Slope Issue is the most Major Issue on this Project any massive invasion into Critical Slope area will be clear violation of Critical Slope Area Ordinance.”
In 2000 according to Planner Michael Tobia this parcel constitute 59% Steep Slopes in the entire land. Further he graded them 17% steep slopes of 15-25% grade and 42% steep slopes of 25% and higher grades. On March 27, 2005 Joseph Burgis Certified Planner for Counsel Bruce Pitman, Baltusrol Estates, Garden Homes, K & K Developers, Inc. and developer Zygmunt Wilf submits a Planning Report to the Springfield Planning Board in support of “C’ variance Application to construct 93 Luxury Condominiums in 3 storey single Building with 2 levels of Underground Parking. Further it states the site is steep terrains with 38% total land with steep slopes. A slope analysis indicate there are 13% slopes of 15-20% grade, 14% slopes of 20-25% grade and only 11% slopes of 25% and higher grades. This is in total contradiction to the data provided by Michael Tobia and accepted by Board in 2000. Objector Warren Bendixen, a Certified Planner for Balturol Golf Club forced Burgis to revise his assessment for steep slopes. Burgis revised these figures to 38% land with 25% or higher grade slopes and 13% land with 20-24.99% grade slopes. Council Bruce Pitman, some Board Members, Town Planner Michaels, and Engineer Kirkpatrick were aware these figures are much higher then what Burgis is showing. The reality is Lot 26 is 70%-75% with Steep Slopes and lot 27 is 60-65% with Steep Slopes.
Town Engineer Kirkpatrick writing to the Board that disturbance limits for Steep Slopes in the township ordinance is arbitrary using the same language as of Michael Tobia planner for Pinnacle in 2000 is scandalous. David Maas fire official not raising the issue of hardship rather hazardous conditions for a fire truck to go up is scandalous. Police Chief accepting an unqualified report from Cpl Dave Hartong rather then getting a Report from an Engineer based on Sight Distances and Traffic Count is scandalous. Board accepting a objector Counsel Bruce Pitman, wrong data for Steep Slopes, no Environmental Report from DEP, no Report from a Certified Forester, no report how many trees will be cut down & how many will be left, no Report from a Environmental Engineer, no discussion on the Geotechnical Evaluation Report, no Report for Combine Peak Runoff and its Effect, no report if all Grids gets Clogged for Water Management & Drainage, no Report on Global Stability in case of a massive failure to the Entire Hill and then granting massive variances which no other M-R development has in the town is THE BIGGEST SCANDAL IN THE HISTORY OF SPRINGFIELD TOWNSHIP.
In considering the papers submitted in support and against the Motion, I am hopeful Your Honor will adhere strictly to the legal standards in the best interest of the residents of Springfield and the State of New Jersey. Your Honor will analyze only the relevant facts, and render an objective, fair, and well-reasoned decision.
Very truly yours,
Devendra Makkar
Plaintiff Pro Se
Enclosures
Via Facsimile & Hand Delivery
cc: Alan L. Glazer, Esq. counsel for defendant Zygmunt Wilf, Esq.
Bruce Pitman, Esq. counsel for K & K Developers, Inc.
Sharon H. Moore, Esq. counsel for Township of Springfield.
Honorable Ross R. Anzaldi, J.S.C.
April 11, 2006
Page 3
ENCLOSURES:
EXHIBIT A: CRIMINAL CONSPIRACY & PLAN ANALYSIS
EXHIBIT B: TOWNSHIP ENGINEER ROBERT KIRKPATRICK
EXHIBIT C: FRANK HUBER, EVANGICAL CHURCH ON WATER MNGMNT
EXHIBIT D: DAVID MAAS, FIRE DEPT. OBJECTOR TO PINNACLE
EXHIBIT E: ENVIRONMENTAL ENGINEER BRYANT VANDERGHEYNST
EXHIBIT F: STATE CERTIFIED FORESTER & TREE EXPERT JOHN LINSON
EXHIBIT G: ENGINEER CHUCK LEE
EXHIBIT H: CERTIFIED PLANNER WARREN BENDIXEN
EXHIBIT I: U.S. LAB GEOTECHNICAL EVALUATION REPORT
EXHIBIT J: RESIDENTS: NINO DEL MAURO, MARILYN STIGLITZ, BELLA
LIPTON, MARC MARSHALL, GREG CLARK, EUGENE DROOD,
VINCENT DEGAETANO, LEWIS STIGLITZ, ED BARTALOTTI,
CHRISTINE BORIS AND ROBERT ROSENER
EXHIBIT K: BOARD CHAIRMAN RICHARD COLANDREA
EXHIBIT L: PLANNING BOARD FINDINGS ON LOT 26 & 27 IN REFERENCE
TO PROPOSED DEVELOPMENT BY PINNACLE
TOTAL NUMBER OF PAGES INCL. COVER LETTER, CERTIFICATION OF PLAINTIFF AND CERTIFICATE OF MAILING (49)
Plaintiff Pro Se
April 11, 2006
Honorable Ross R Anzaldi, J.S.C.
Union County Superior Court
Re: Makkar et v. Wilf et al, Docket No. UNN-L-00107-06, Additional Documents in Support of Motion Permanent Restraints For Developing Lot 26 & 27 Block 1105 in Springfield Township
Honorable Judge Anzaldi:
Please accept this letter-brief in lieu of more formal brief in support of plaintiffs Motion for Permanent Restraints and Criminal Prosecution of the defendants and other individuals and Companies involved in this sordid saga of corruption, bribery, favors and misuse of public office and public trust. Plaintiff is enclosing statements from Exhibit B to L of experts in various fields, residents of Springfield and some Board Members voicing opposition to these kinds of developments on this particular parcel of land during the Public Hearings conducted by the Springfield Planning Board during 2000 and 2005. It may assist the Honorable Court in its decision making process. These statements have been taken from the Transcripts of these hearings provided to the plaintiff by the Springfield Township Clerk and are true and accurate copies from the same.
The most disturbing question is how this particular parcel was included in the M-R Zone when no other parcel in the twp. of Springfield under M-R Zone resembles the land description of this Parcel at Wilson Rd. The Springfield Town Planner Michael Tobia in early ninety’s tempered with the definition of Critical Areas and Steep Slopes can safely be called the midwife to this scandal. In 2000 he unsuccessfully on behalf of Pinnacle Communities as their Planner tried to get approvals for 96 garden apartments in 4 buildings from the Board. Even the tempered definition of Steep Slopes and his arguments that the disturbance limits in the ordinance for steep slopes are arbitrary could not convince the Board barring Harelik & Grossbarth, Planner Michaels, Engineer Kirkpatrick, Fire Department’s David Maas, Residents of Springfield, Golf Club’s Expert and above all Counsel Bruce Pitman along with his experts, “that any development of this nature can be done on these Steep Slopes.” Counsel Bruce Pitman’s entire opposition, briefs and expert testimony against any development on this parcel was based on Steep Slopes and Critical Area for this land. He said, The Critical Slope Issue is the most Major Issue on this Project any massive invasion into Critical Slope area will be clear violation of Critical Slope Area Ordinance.”
In 2000 according to Planner Michael Tobia this parcel constitute 59% Steep Slopes in the entire land. Further he graded them 17% steep slopes of 15-25% grade and 42% steep slopes of 25% and higher grades. On March 27, 2005 Joseph Burgis Certified Planner for Counsel Bruce Pitman, Baltusrol Estates, Garden Homes, K & K Developers, Inc. and developer Zygmunt Wilf submits a Planning Report to the Springfield Planning Board in support of “C’ variance Application to construct 93 Luxury Condominiums in 3 storey single Building with 2 levels of Underground Parking. Further it states the site is steep terrains with 38% total land with steep slopes. A slope analysis indicate there are 13% slopes of 15-20% grade, 14% slopes of 20-25% grade and only 11% slopes of 25% and higher grades. This is in total contradiction to the data provided by Michael Tobia and accepted by Board in 2000. Objector Warren Bendixen, a Certified Planner for Balturol Golf Club forced Burgis to revise his assessment for steep slopes. Burgis revised these figures to 38% land with 25% or higher grade slopes and 13% land with 20-24.99% grade slopes. Council Bruce Pitman, some Board Members, Town Planner Michaels, and Engineer Kirkpatrick were aware these figures are much higher then what Burgis is showing. The reality is Lot 26 is 70%-75% with Steep Slopes and lot 27 is 60-65% with Steep Slopes.
Town Engineer Kirkpatrick writing to the Board that disturbance limits for Steep Slopes in the township ordinance is arbitrary using the same language as of Michael Tobia planner for Pinnacle in 2000 is scandalous. David Maas fire official not raising the issue of hardship rather hazardous conditions for a fire truck to go up is scandalous. Police Chief accepting an unqualified report from Cpl Dave Hartong rather then getting a Report from an Engineer based on Sight Distances and Traffic Count is scandalous. Board accepting a objector Counsel Bruce Pitman, wrong data for Steep Slopes, no Environmental Report from DEP, no Report from a Certified Forester, no report how many trees will be cut down & how many will be left, no Report from a Environmental Engineer, no discussion on the Geotechnical Evaluation Report, no Report for Combine Peak Runoff and its Effect, no report if all Grids gets Clogged for Water Management & Drainage, no Report on Global Stability in case of a massive failure to the Entire Hill and then granting massive variances which no other M-R development has in the town is THE BIGGEST SCANDAL IN THE HISTORY OF SPRINGFIELD TOWNSHIP.
In considering the papers submitted in support and against the Motion, I am hopeful Your Honor will adhere strictly to the legal standards in the best interest of the residents of Springfield and the State of New Jersey. Your Honor will analyze only the relevant facts, and render an objective, fair, and well-reasoned decision.
Very truly yours,
Devendra Makkar
Plaintiff Pro Se
Enclosures
Via Facsimile & Hand Delivery
cc: Alan L. Glazer, Esq. counsel for defendant Zygmunt Wilf, Esq.
Bruce Pitman, Esq. counsel for K & K Developers, Inc.
Sharon H. Moore, Esq. counsel for Township of Springfield.
Honorable Ross R. Anzaldi, J.S.C.
April 11, 2006
Page 3
ENCLOSURES:
EXHIBIT A: CRIMINAL CONSPIRACY & PLAN ANALYSIS
EXHIBIT B: TOWNSHIP ENGINEER ROBERT KIRKPATRICK
EXHIBIT C: FRANK HUBER, EVANGICAL CHURCH ON WATER MNGMNT
EXHIBIT D: DAVID MAAS, FIRE DEPT. OBJECTOR TO PINNACLE
EXHIBIT E: ENVIRONMENTAL ENGINEER BRYANT VANDERGHEYNST
EXHIBIT F: STATE CERTIFIED FORESTER & TREE EXPERT JOHN LINSON
EXHIBIT G: ENGINEER CHUCK LEE
EXHIBIT H: CERTIFIED PLANNER WARREN BENDIXEN
EXHIBIT I: U.S. LAB GEOTECHNICAL EVALUATION REPORT
EXHIBIT J: RESIDENTS: NINO DEL MAURO, MARILYN STIGLITZ, BELLA
LIPTON, MARC MARSHALL, GREG CLARK, EUGENE DROOD,
VINCENT DEGAETANO, LEWIS STIGLITZ, ED BARTALOTTI,
CHRISTINE BORIS AND ROBERT ROSENER
EXHIBIT K: BOARD CHAIRMAN RICHARD COLANDREA
EXHIBIT L: PLANNING BOARD FINDINGS ON LOT 26 & 27 IN REFERENCE
TO PROPOSED DEVELOPMENT BY PINNACLE
TOTAL NUMBER OF PAGES INCL. COVER LETTER, CERTIFICATION OF PLAINTIFF AND CERTIFICATE OF MAILING (49)
posted by Citizens For Democracy at 7:03 PM
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