Application and Financial Agreement (PILOT) Considered for 27-29 Westfield Avenue
Dear Clark Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
The application for and the agreement being considered for long term tax exemption for the property at 27-29 Westfield Ave Clark NJ
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
John Greaves
Your request has been received and will be processed in accordance with the Open Public Records Act.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
Dear Mr. Greaves,
Please see the attached in response to your February 3, 2025 OPRA request
to the Township of Clark. Thank you.
Christina M. DiPalo, Esq.
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
(908) 810-0500 (office)
(908) 810-0513 (fax)
[1][email address]
References
Visible links
1. mailto:[email address]
Dear Christina DiPalo,
Your response denying my request stating: "Please be advised that your request is denied as the Township does not maintain records that are responsive to this request." does not seem to make sense.
On the agenda for the special meeting held February 3 2025 there was an agenda item described as:
25-04 AN ORDINANCE OF THE TOWNSHIP OF CLARK, COUNTY OF UNION,
APPROVING THE APPLICATION AND FINANCIAL AGREEMENT FOR A
TAX EXEMPTION PURSUANT TO THE LONG-TERM TAX EXEMPTION
LAW FOR 27-29 WESTFIELD AVENUE, LLC FOR THE CONSTRUCTION
OF A RESIDENTIAL PROJECT LOCATED AT BLOCK 91, LOTS 8.01,
10.01 AND 36 ON WESTFIELD AVENUE AND WASHINGTON STREET
How can the town not have records relating to my request but also be considering the exact items? I understand that the item was removed at the last minute from consideration, but it seems clear that the application at least would be available. How would it have been added to the agenda if no documents were available? Please advise what documents relating to my request are available.
Yours sincerely,
John Greaves
Dear Mr. Greaves,
To clarify the previous response on February 6, 2025, the Township does not maintain any finalized records in connection with the subject of your OPRA request. Draft and unexecuted records are not final and thus are not subject to disclosure under OPRA.
Thank you,
Christina M. DiPalo, Esq.
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
(908) 810-0500 (office)
(908) 810-0513 (fax)
[email address]
Dear Christina DiPalo,
Your response does not seem relevant to the request for the application. An application is received. There is no element of finalization necessary for an application beyond its receipt. It would not need to be finalized. Could you please send the application if that is the only document available.
Could you please clarify your position regarding the availability of the agreement? Specifically I would like to know if the agreement will be available for public review prior to going before the council? If so can you please send me a copy when it does become available?
Yours sincerely,
John Greaves