The Township of Livingston’s Municipal Clerk's Department has reopened to the public and will respond to your email as soon as possible. However, if submitting an OPRA request or inquiring about a previously submitted OPRA request, please realize that pursuant to P.L. 2020 Ch 10, OPRA deadlines are inapplicable during a State of Emergency and that record custodians ”must make a reasonable effort, as the circumstances permit to respond to a request for a government record within 7 business days or as soon as possible."

Dear Arnold Budin, 
This comes in response to your OPRA Request for: 
"This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
  Records requested: All open and closed permits and violations for 34
Burnet Hill Road." 
The Open Public Records Act deals with requests for readily identifiable
public records,  The Custodian of Records is not supposed to perform
research to determine which documents exist, rather to make available to a
requestor specific records that have been identified by the requestor.  
Your Requests are too broad and would require the Custodian of Records to
perform research to determine records that exist.  Please identify the
documents you are seeking including the permit numbers or application
numbers.  Do you need a list of Building Permits?  Copies of the "Issued
Building Permit Form?" or copies of the Building Permit Application
folder?   
If you just need lists of open and closed building permits, the Building
Department keeps track of building permits in three systems.  The 3
reports listed in bold below will provide you the permit history and
building code violations.   The "Construction Permit Summary Report" from
our current building permit tracking software SDL shows the building
permits listed only under the current block and lot number.  It will also
show any construction code violations, zoning violations, or code
enforcement violations    The "List of Applications" is from our former
software, Mitchell Humphreys Construction Project Manager and shows the
permits from 1997-June 2013.  Any permits that were closed out after June
2013 will be closed in SDL and will show up on this report as open.  The
third report is the "Extract of Permits" which is a listing of all
building permits by street from 1946-1996. These 3 reports will show if a
permit was issued for the installation, removal or remediation of an oil
tank.
If you are seeking other records, please submit a new OPRA Request and
identify which specific documents you are seeking. 
In the future please be sure to request the proper name of the document(s)
 you are seeking when you submit an OPRA Request or your request will be
denied.  If you are looking for lists of permits, it is suggested you use
the names that are in bold and in quotes in the paragraph above.   
Sincerely,
Renee Resky
Township Clerk's Office
Township of Livingston
357 S Livingston Ave
Livingston, NJ  07039
phone (973) 992-5000 ext 5405
fax (973) 535-7967
This communication is intended only for the use of the named addressee and
may contain information which is privileged, confidential and exempt from
disclosure under applicable law.  If the reader of this communication is
not the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited.  If you have received this communication in error, please
notify us immediately by email and delete the original message. 

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Dear Arnold Budin, 
This comes in response to your follow-up request for: 
"Good afternoon Renee, following up on my OPRA request for 34 Burnet Hill
Road.  Please send me:
1. "List of Applications"
2. "Construction Permit Summary Report"
3. "Extract of Permits"
Please find attached the "Construction Permit Summary Report" from our
current building permit tracking software SDL which shows the permits
listed only under the current block and lot number.   The "List of
Applications" is from our former software, Mitchell Humphreys Construction
Project Manager and shows the permits from 1997-June 2013.  Any permits
that were closed out after June 2013 will be closed in SDL and will show
up on this report as open.  The third report is the "Extract of Permits"
which is a listing of all building permits by street from 1946-1996.  In
this case, the permits for 34 Burnet Hill Rd. have been highlighted.  As
these documents are being emailed to you there is no cost for duplication
under the Open Public Records Act. 
Permit # 20061048 to replace A/C and #3479 for an addition are still
open.  The property owner can contact the building department at (973)
535-7953 to make arrangements to close out these permits. 
Thank you for your patience in awaiting this reply, our office has been
short staffed during the pandemic and still catching up on requests
received before the emergency order was lifted. Pursuant to [1]P.L. 2020,
c. 10  which took effect on March 20, 2020, "during a period of a declared
State of Emergency, Public Health Emergency, or State of Local Disaster
Emergency the seven business days or soon as possible deadline to respond
to Open Public Records Act (OPRA) requests does not apply. The records
custodian must make reasonable effort, as the circumstance permit, to
respond to an OPRA request within the seven business days or soon as
possible deadline."        
 
Sincerely,
Renee Resky
Township Clerk's Office
Township of Livingston
357 S Livingston Ave
Livingston, NJ  07039
phone (973) 992-5000 ext 5405
fax (973) 535-7967
This communication is intended only for the use of the named addressee and
may contain information which is privileged, confidential and exempt from
disclosure under applicable law.  If the reader of this communication is
not the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited.  If you have received this communication in error, please
notify us immediately by email and delete the original message. 
On Tue, Jun 29, 2021 at 11:06 AM Renee Resky <[2][email address]>
wrote:

Dear Arnold Budin, 
This comes in response to your OPRA Request for: 
"This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
  Records requested: All open and closed permits and violations for 34
Burnet Hill Road." 
The Open Public Records Act deals with requests for readily identifiable
public records,  The Custodian of Records is not supposed to perform
research to determine which documents exist, rather to make available to
a requestor specific records that have been identified by the
requestor.  
Your Requests are too broad and would require the Custodian of Records
to perform research to determine records that exist.  Please identify
the documents you are seeking including the permit numbers or
application numbers.  Do you need a list of Building Permits?  Copies of
the "Issued Building Permit Form?" or copies of the Building Permit
Application folder?   
If you just need lists of open and closed building permits, the Building
Department keeps track of building permits in three systems.  The 3
reports listed in bold below will provide you the permit history and
building code violations.   The "Construction Permit Summary Report"
from our current building permit tracking software SDL shows the
building permits listed only under the current block and lot number.  It
will also show any construction code violations, zoning violations, or
code enforcement violations    The "List of Applications" is from our
former software, Mitchell Humphreys Construction Project Manager and
shows the permits from 1997-June 2013.  Any permits that were closed out
after June 2013 will be closed in SDL and will show up on this report as
open.  The third report is the "Extract of Permits" which is a
listing of all building permits by street from 1946-1996. These 3
reports will show if a permit was issued for the installation, removal
or remediation of an oil tank.
If you are seeking other records, please submit a new OPRA Request and
identify which specific documents you are seeking. 
In the future please be sure to request the proper name of the
document(s)  you are seeking when you submit an OPRA Request or your
request will be denied.  If you are looking for lists of permits, it is
suggested you use the names that are in bold and in quotes in the
paragraph above.   
Sincerely,
Renee Resky
Township Clerk's Office
Township of Livingston
357 S Livingston Ave
Livingston, NJ  07039
phone (973) 992-5000 ext 5405
fax (973) 535-7967
This communication is intended only for the use of the named addressee
and may contain information which is privileged, confidential and exempt
from disclosure under applicable law.  If the reader of this
communication is not the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is
strictly prohibited.  If you have received this communication in error,
please notify us immediately by email and delete the original message. 

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Thank you Renee.

Arnold I. Budin, Esq.
Budin, Greenman & Greenman
Attorneys-at-Law
1379 Morris Avenue
Union, NJ 07083
(908) 688-6444
(908) 688-4334 Fax
E-Mail:  [email address]

CONFIDENTIALITY NOTE:  This e-mail and any attachments may be confidential
and protected by legal privilege.  If you are not the intended recipient,
be aware that any disclosure, copying, distribution or use of this e-mail
and any attachments is prohibited.  If you have received this e-mail in
error, please notify us immediately by replying to the sender and deleting
this e-mail, all attachments and your reply from your system.  Thank you.

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