Environmental Records
Dear Matawan Borough,
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:
EnviroSure is conducting a Preliminary Assessment at 26 Little Street, Matawan Borough, Monmouth County, NJ. In that regard, we are requesting a search of all files pertaining to the property. Espcially, underground storage tanks, environmental concerns, building permits, and ownership records. Electronic copies are preferred if available. Thank you.
Yours faithfully,
Derek Grothusen
EnviroSure, Inc.
Good Morning,
We are in receipt of the Request below which has been forwarded to the appropriate Department(s). Please note due to the recent weather event, the offices of the Borough of Matawan were closed on February 1 and 2, 2021. The Ready Date will be on or before February 11, 2021.
When a Request seeks information or asks questions and does not identify specific government records, it is deemed “complex”. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005).
Custodians are not required to conduct research or create new records in response to an OPRA request.
As such, we have interpreted your Request for "files pertaining to the property especially underground storage tanks, ... building permits" as copy of a “List of Construction Applications” from the Borough of Matawan’s Construction Department which will reflect a list of permits applied for as well as if they are open/closed. If applicable, permits for installation/removal of above/underground oil storage tanks should be listed.
The portion of your request for “all environmental concerns” we refer you to the New Jersey State Department of Environmental Protection website “Known Contaminated Sites in New Jersey" for off-site conditions https://www.state.nj.us/dep/srp/kcsnj/ .
The portion of your request for "ownership records" we refer you to our website http://tax1.co.monmouth.nj.us/cgi-bin/pr... for the property and assessment cards.
If we have misunderstood or misinterpreted your Request, please notify us IMMEDIATELY otherwise we will proceed accordingly.
Thank you,
Karen
Karen Wynne, RMC
Borough Clerk
Borough of Matawan
201 Broad Street
Matawan, New Jersey 07747
(732) 566-3898 ext. 602 FAX (732) 290-7585
[email address]
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Good Afternoon,
Attached please find the requested documentation as interpreted in our February 3 email below.
We trust this satisfies this Request and finalizes the matter; however, should you require anything further or have any questions, please do not hesitate to contact our office.
Thank you,
Karen