Permit Search for 254 Spruce Avenue
Dear Garwood 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:
Any open permits
All closed permits
Any violations
any documentation re UST (oil tank removal)
Address: 254 Spruce Drive, Garwood
Block 508 Lot 24.
Yours faithfully,
Karen Williams
PLEASE READ THIS ENTIRE RESPONSE.
The Borough of Garwood received your Open Public Records Act (OPRA)
request dated November 3, 2020, and the custodian of records Christina M
Ariemma, received your request on November 3, 2020.
Your request is as follows:
Any open permits
All closed permits
Any violations
any documentation re UST (oil tank removal)
Address: 254 Spruce Drive, Avenue, Garwood
Block 508 Lot 24.
RESPONSE:
I have attached to this email the electronic file maintained by this
office for 254 Spruce Avenue, Block 508/Lot 24. It may or may not contain
records sought however, this office cannot validate if a record exists or
not unless the record(s) are properly identified.
*PLEASE SEE BELOW CONCERNING CONSTRUCTION PERMITTING.
*Please be advised that the Borough of Garwood share services for
Construction Code Enforcement with the Township of Cranford, 8 Springfield
Avenue, Cranford, NJ 07016. Please contact the Municipal Clerk to request
records or make an appointment to view records.
[1]https://www.cranfordnj.org/township-clerk Patricia Donahue, Township
Clerk [2][email address]
Please contact Cranford directly for records. Thank you.
[3][email address]
[4]https://www.cranfordnj.org/building-depa...
The request by you is not a valid OPRA request for the following reason:
The OPRA (Open Public Records Act) law is intended to provide access to
government records that have been specifically identified and requested.
It does not require that the Custodian of Records become a researcher for
the person making the request. The requestor needs to identify the record
that is being requested and the Custodian of Records needs to provide
access to that specific record, unless it is exempted under the provisions
of the law. Your request is requesting that this office conduct research
to determine if such records exist. This does not identify a specific
record, but rather asks for this office to perform a search to determine
if any of the above exists and subsequently provide the record. This is
not identifying a record. Therefore, your request is invalid. As
mentioned above the law does not require that the Custodian of Records
become a researcher for the person making the request. The requestor
needs to identify the record that is being requested and the Custodian of
Records needs to provide access to that specific record, unless it is
exempted under the provisions of the law.
Copies of any/all of any document are not considered a valid OPRA
request. As such, your request is an invalid OPRA request and is denied.
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.
The Borough of Garwood shares Board of Health services with the Town of
Westfield, 425 East Broad Street, Westfield, NJ 07090. Please contact the
Municipal Clerk to request records or make an appointment to view
records. Tara Rowley, Town Clerk [5][email address]
PLEASE DO NOT USE OPRA TO SEEK INFORMATION. PLEASE VISIT THE GOVERNMENT
RECORDS COUNCIL WEBSITE TO LEARN HOW TO PROPERLY REQUEST A DOCUMENT.
[6]https://www.state.nj.us/grc/
This request has been denied pursuant to N.J.S.A.
47:1A-5.f & Government Records Council Advisory Opinion 2006-01 on the
basis that the request is not for specific government records but is
seeking "information". Government agencies are required to disclose only
identifiable government records that are specifically described in the
request. Gannett N.J. Partners v. Middlesex, 379 N.J. Super. 205, 212
(App. Div. 2005), Bent v Twp of Stafford Police Dept, NJ Super. 30, 33
(App Div 2005).
If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Borough of Garwood to deny access.
You have a right to appeal the decision. You may take your appeal to the
Government Records Council, P.O. Box 819, Trenton, NJ 08625, or to the New
Jersey Superior Court, as provided by N.J.S.A. 47:1A-1 et seq. At your
option, you may either institute a proceeding in the Superior Court of New
Jersey or file a complaint with the Government Records Council (GRC) by
completing the Denial of Access Complaint Form. You may contact the GRC
by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton,
NJ, 08625, by e-mail at [7][email address], or at their web site at
[8]www.state.nj.us/grc. The GRC can also answer other questions about the
law. All questions regarding complaints filed in Superior Court should be
directed to the Court Clerk in your County.
Christina M. Ariemma, RMC
Borough Administrator/Municipal Clerk
Borough of Garwood
403 South Avenue
Garwood, NJ 07027
p. 908-789-0710
f. 908-789-7978
e. [9][Garwood Borough request email]
[10]www.garwood.org
NEW JERSEY'S OPEN PUBLIC MEETINGS ACT "THE SUNSHINE LAW"
New Jersey’s Open Public Meetings Act, known as "The Sunshine Law," is
designed to ensure that decision-making government bodies in the state
conduct their businesses in public except in specific circumstances where
exclusion of the public is needed to protect the privacy of individuals,
the safety of the public or the effectiveness of government in such areas
as negotiations or investigations. Open Public Meetings Act, N.J.S.A
10:4-6
Please do not cross communicate via email, telephone or text as you may be
in violation of said law.
THE INFORMATION CONTAINED IN THIS MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED HEREIN.
This message is a privileged and confidential. If the reader of this
message is not the intended recipient or any agent responsible for
delivering it to the intended recipient, you are hereby notified that you
have received this document in error, and that any review, dissemination,
distribution or copying of this message is strictly prohibited. If you
have received this communication in error, please notify us immediately by
reply e-mail message or by telephone. Thank you.
Open Public Records Act P.L. 2001, CHAPTER 40 N.J.S.A. 47:1A-1 et seq.
(OPRA) "Government record" or "record" means any paper, written or printed
book, document, drawing, map, plan, photograph, microfilm, data processed
or image processed document, information stored or maintained
electronically or by sound-recording or in a similar device, or any copy
thereof, that has been made, maintained or kept on file in the course of
his or its official business by any officer, commission, agency or
authority of the State or of any political subdivision thereof, including
subordinate boards thereof, or that has been received in the course of his
or its official business by any such officer, commission, agency, or
authority of the State or of any political subdivision thereof, including
subordinate boards thereof. The terms shall not include inter-agency or
intra-agency advisory, consultative, or deliberative material. Please be
advised that this email communication is subject to the above and may or
may not be disclosed in accordance with law at the discretion of the
"Custodian of Records" and legal counsel of the Borough of Garwood.
Save the trees, use technology!!
-----Original Message-----
From: Karen Williams
[mailto:[OPRA #18301 email]]
Sent: Tuesday, November 3, 2020 5:31 PM
To: Christina Ariemma <[email address]>
Subject: OPRA request - Permit Search for 254 Spruce Avenue
Dear Garwood 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:
Any open permits
All closed permits
Any violations
any documentation re UST (oil tank removal)
Address: 254 Spruce Drive, Garwood
Block 508 Lot 24.
Yours faithfully,
Karen Williams
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[11][OPRA #18301 email]
Is [12][Garwood Borough request email] the wrong address for OPRA requests to
Garwood Borough? If so, please contact us using this form:
[13]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[14]https://opramachine.com/help/officers
View this OPRA request & responses online:
[15]https://opramachine.com/request/permit_s...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
-------------------------------------------------------------------
References
Visible links
1. https://www.cranfordnj.org/township-clerk
2. mailto:[email address]
3. mailto:[email address]
4. https://www.cranfordnj.org/building-depa...
5. mailto:[email address]
6. https://www.state.nj.us/grc/
7. mailto:[email address]
8. http://www.state.nj.us/grc
9. mailto:[Garwood Borough request email]
10. https://urldefense.proofpoint.com/v2/url...
11. mailto:[OPRA #18301 email]
12. mailto:[Garwood Borough request email]
13. https://opramachine.com/change_request/n...
14. https://opramachine.com/help/officers
15. https://opramachine.com/request/permit_s...
It is not a permit, it is a violation notice from the property maintenance officer.
Christina M. Ariemma, RMC
Borough Administrator/Municipal Clerk
Borough of Garwood
403 South Avenue
Garwood, NJ 07027
p. 908-789-0710
f. 908-789-7978
e. [Garwood Borough request email]
www.garwood.org
-----Original Message-----
From: Karen Williams [mailto:[OPRA #18301 email]]
Sent: Thursday, November 5, 2020 9:21 AM
To: Christina Ariemma <[email address]>
Subject: Re: 20-129 RE: OPRA request - Permit Search for 254 Spruce Avenue
Dear Christina Ariemma,
Is this an open violation/permit?
Yours sincerely,
Karen Williams
-----Original Message-----
PLEASE READ THIS ENTIRE RESPONSE.
The Borough of Garwood received your Open Public Records Act (OPRA) request dated November 3, 2020, and the custodian of records Christina M Ariemma, received your request on November 3, 2020.
Your request is as follows:
Any open permits
All closed permits
Any violations
any documentation re UST (oil tank removal)
Address: 254 Spruce Drive, Avenue, Garwood
Block 508 Lot 24.
RESPONSE:
I have attached to this email the electronic file maintained by this office for 254 Spruce Avenue, Block 508/Lot 24. It may or may not contain records sought however, this office cannot validate if a record exists or not unless the record(s) are properly identified.
*PLEASE SEE BELOW CONCERNING CONSTRUCTION PERMITTING.
*Please be advised that the Borough of Garwood share services for Construction Code Enforcement with the Township of Cranford, 8 Springfield Avenue, Cranford, NJ 07016. Please contact the Municipal Clerk to request records or make an appointment to view records.
[1]https://www.cranfordnj.org/township-clerk Patricia Donahue, Township Clerk [2][email address]
Please contact Cranford directly for records. Thank you.
[3][email address]
[4]https://www.cranfordnj.org/building-depa...
The request by you is not a valid OPRA request for the following reason:
The OPRA (Open Public Records Act) law is intended to provide access to government records that have been specifically identified and requested. It does not require that the Custodian of Records become a researcher for the person making the request. The requestor needs to identify the record that is being requested and the Custodian of Records needs to provide access to that specific record, unless it is exempted under the provisions of the law. Your request is requesting that this office conduct research to determine if such records exist. This does not identify a specific record, but rather asks for this office to perform a search to determine if any of the above exists and subsequently provide the record. This is not identifying a record. Therefore, your request is invalid. As mentioned above the law does not require that the Custodian of Records become a researcher for the person making the request. The requestor needs to identify the record that is being requested and the Custodian of Records needs to provide access to that specific record, unless it is exempted under the provisions of the law.
Copies of any/all of any document are not considered a valid OPRA request. As such, your request is an invalid OPRA request and is denied. 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.
The Borough of Garwood shares Board of Health services with the Town of Westfield, 425 East Broad Street, Westfield, NJ 07090. Please contact the Municipal Clerk to request records or make an appointment to view records. Tara Rowley, Town Clerk [5][email address]
PLEASE DO NOT USE OPRA TO SEEK INFORMATION. PLEASE VISIT THE GOVERNMENT RECORDS COUNCIL WEBSITE TO LEARN HOW TO PROPERLY REQUEST A DOCUMENT.
[6]https://www.state.nj.us/grc/
This request has been denied pursuant to N.J.S.A.
47:1A-5.f & Government Records Council Advisory Opinion 2006-01 on the basis that the request is not for specific government records but is seeking "information". Government agencies are required to disclose only identifiable government records that are specifically described in the request. Gannett N.J. Partners v. Middlesex, 379 N.J. Super. 205, 212 (App. Div. 2005), Bent v Twp of Stafford Police Dept, NJ Super. 30, 33 (App Div 2005).
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of Garwood to deny access.
You have a right to appeal the decision. You may take your appeal to the Government Records Council, P.O. Box 819, Trenton, NJ 08625, or to the New Jersey Superior Court, as provided by N.J.S.A. 47:1A-1 et seq. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [7][email address], or at their web site at [8]www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
Christina M. Ariemma, RMC
Borough Administrator/Municipal Clerk
Borough of Garwood
403 South Avenue
Garwood, NJ 07027
p. 908-789-0710
f. 908-789-7978
e. [9][Garwood Borough request email]
[10]www.garwood.org
NEW JERSEY'S OPEN PUBLIC MEETINGS ACT "THE SUNSHINE LAW"
New Jersey’s Open Public Meetings Act, known as "The Sunshine Law," is designed to ensure that decision-making government bodies in the state conduct their businesses in public except in specific circumstances where exclusion of the public is needed to protect the privacy of individuals, the safety of the public or the effectiveness of government in such areas as negotiations or investigations. Open Public Meetings Act, N.J.S.A
10:4-6
Please do not cross communicate via email, telephone or text as you may be in violation of said law.
THE INFORMATION CONTAINED IN THIS MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED HEREIN.
This message is a privileged and confidential. If the reader of this message is not the intended recipient or any agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail message or by telephone. Thank you.
Open Public Records Act P.L. 2001, CHAPTER 40 N.J.S.A. 47:1A-1 et seq.
(OPRA) "Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. Please be advised that this email communication is subject to the above and may or may not be disclosed in accordance with law at the discretion of the "Custodian of Records" and legal counsel of the Borough of Garwood.
Save the trees, use technology!!
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #18301 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/permit_s...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------