Property Information Request | 37 Franklin Avenue, Livingston

The request was refused by Livingston Township.

Good Afternoon,

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:

Open Permits
Closed Permits
Open Zoning permits
Municipal Assessments
Open Property Liens
Violations
Survey of Property
“any information regarding the presence of an underground oil tank if applicable including permits, remediation reports, environmental reports”
“survey showing underground oil tank location if applicable”
"any information of the presence of a septic system"
"any substantial damage letter, if applicable"

PROPERTY INFORMATION:

Property Location: 37 Franklin Avenue, Livingston
Block Number: 1700
Lot Number: 38

Please provide information dated for the past 20 years.

Thank you,
James Manser
on behalf of Keller Williams Realty

Livingston Township

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."

Renee Resky, Livingston Township

1 Attachment

Dear James Manser,  
This comes in response to your OPRA Request for: 
"Open Permits
Closed Permits
Open Zoning permits
Municipal Assessments
Open Property Liens
Violations
Survey of Property
'any information regarding the presence of an underground oil tank if
applicable including permits, remediation reports, environmental reports'
'survey showing underground oil tank location if applicable'
'any information of the presence of a septic system'

'any substantial damage letter, if applicable'

PROPERTY INFORMATION:

Property Location:  37 Franklin Avenue, Livingston
Block Number: 1700
Lot Number: 38

Please provide information dated for the past 20 years."
You are correct you are not required to fill out an official form,
however, you are required to identify the specific records you are
seeking.  
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 for: "Open Permits
Closed Permits
Open Zoning permits
Municipal Assessments
Open Property Liens
Violations
any information regarding the presence of an underground oil tank if
applicable including permits, remediation reports, environmental reports'
'survey showing underground oil tank location if applicable'
'any information of the presence of a septic system'

'any substantial damage letter, if applicable'" 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
"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 and if there are any
open zoning permits.
Liens would show up on the Tax Collector's "Tax Inquiry Report. "  You can
also use the Online Tax / Utility System Lookup to see if there are any
municipal assessments on the property.  You may also wish to request the
"Tax Assessor's Property Record Card" for assessment information.

The Municipal Tax / Utility System Lookup allows residents to find their
account information online. Information like account balance, amount paid,
account history, assessed value, total tax/water/sewer billed and paid for
a year, and more can be found using the system.  [1]Find Livingston’s Tax
/ Utility Lookup page here.

" As for your request for a "survey showing underground oil tank location
if applicable," this is not a valid request as you are asking the
custodian to read through the surveys for the information you are
seeking.  However,  I am attaching the only survey on file in the Building
Department's records for 37 Franklin Ave responsive to your request for
"Survey of Property."  As this document is being emailed to you there is
no cost for duplication pursuant to the Open Public Records Act. 

If you are seeking other records, please clarify your request to identify
which specific documents you are seeking including the permit numbers, or
the dates of the correspondence, and parties to and from in the letters
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.  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. 
On Mon, Apr 12, 2021 at 1:20 PM James Manser
<[2][OPRA #21675 email]> wrote:

Good Afternoon,

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:

Open Permits
Closed Permits
Open Zoning permits
Municipal Assessments
Open Property Liens
Violations
Survey of Property
“any information regarding the presence of an underground oil tank if
applicable including permits, remediation reports, environmental
reports”
“survey showing underground oil tank location if applicable”
"any information of the presence of a septic system"
"any substantial damage letter, if applicable"

PROPERTY INFORMATION:

Property Location:  37 Franklin Avenue, Livingston
Block Number: 1700
Lot Number: 38

Please provide information dated for the past 20 years.

Thank you,
James Manser
on behalf of Keller Williams Realty

-------------------------------------------------------------------

Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[3][OPRA #21675 email]

Is [4][email address] the wrong address for OPRA requests to
Livingston Township? If so, please contact us using this form:
[5]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:
[6]https://opramachine.com/help/officers

View this OPRA request & responses online:
[7]https://opramachine.com/request/property...

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.

-------------------------------------------------------------------

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For Official Business Use Only

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Hello,

Please send a list of all open and closed permits for the past 20 years.

Renee Resky, Livingston Township

Dear James Manser, 
Please read the email I sent to you that describes the names of the
report you should request.  Your request for " Please send a list of all
open and closed permits for the past 20 years. "  is still not a valid
OPRA Request. 
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 Mon, Apr 19, 2021 at 3:41 PM James Manser
<[1][OPRA #21675 email]> wrote:

Hello,

Please send a list of all open and closed permits for the past 20 years.

-----Original Message-----

Dear James Manser,  
 This comes in response to your OPRA Request for: 
 "Open Permits
 Closed Permits
 Open Zoning permits
 Municipal Assessments
 Open Property Liens
 Violations
 Survey of Property
 'any information regarding the presence of an underground oil tank if
 applicable including permits, remediation reports, environmental
reports'
 'survey showing underground oil tank location if applicable'
 'any information of the presence of a septic system'

 'any substantial damage letter, if applicable'

 PROPERTY INFORMATION:

 Property Location:  37 Franklin Avenue, Livingston
 Block Number: 1700
 Lot Number: 38

 Please provide information dated for the past 20 years."
 You are correct you are not required to fill out an official form,
 however, you are required to identify the specific records you are
 seeking.  
 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 for: "Open Permits
 Closed Permits
 Open Zoning permits
 Municipal Assessments
 Open Property Liens
 Violations
 any information regarding the presence of an underground oil tank if
 applicable including permits, remediation reports, environmental
reports'
 'survey showing underground oil tank location if applicable'
 'any information of the presence of a septic system'

 'any substantial damage letter, if applicable'" 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
 "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 and if there are
any
 open zoning permits.
 Liens would show up on the Tax Collector's "Tax Inquiry Report. "  You
can
 also use the Online Tax / Utility System Lookup to see if there are any
 municipal assessments on the property.  You may also wish to request
the
 "Tax Assessor's Property Record Card" for assessment information.

 The Municipal Tax / Utility System Lookup allows residents to find
their
 account information online. Information like account balance, amount
paid,
 account history, assessed value, total tax/water/sewer billed and paid
for
 a year, and more can be found using the system.  [1]Find Livingston’s
Tax
 / Utility Lookup page here.

 " As for your request for a "survey showing underground oil tank
location
 if applicable," this is not a valid request as you are asking the
 custodian to read through the surveys for the information you are
 seeking.  However,  I am attaching the only survey on file in the
Building
 Department's records for 37 Franklin Ave responsive to your request for
 "Survey of Property."  As this document is being emailed to you there
is
 no cost for duplication pursuant to the Open Public Records Act. 

 If you are seeking other records, please clarify your request to
identify
 which specific documents you are seeking including the permit numbers,
or
 the dates of the correspondence, and parties to and from in the letters
 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.  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. 

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[2][OPRA #21675 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[3]https://opramachine.com/help/officers

View this OPRA request & responses online:
[4]https://opramachine.com/request/property...

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.
-------------------------------------------------------------------

Official email of the Township of Livingston NJ
For Official Business Use Only

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://opramachine.com/help/officers
4. https://opramachine.com/request/property...

hide quoted sections

Hi, Renee

I work for several real estate brokerages facilitating transactions. This is my template that I send out several times per day, almost every day to municipalities all over New Jersey. I have never been asked to further clarify my request. I will go back and re-ready your email, but I don't believe requesting a permit list for all permits issued over the last 20 years is an unreasonable or unclear request.

Renee Resky, Livingston Township

This is the way it is handled in Livingston.  The names of the reports
that will give you the information you are seeking are in bold in my
email. 
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, Apr 20, 2021 at 8:14 AM James Manser
<[1][OPRA #21675 email]> wrote:

Hi, Renee

I work for several real estate brokerages facilitating transactions.
This is my template that I send out several times per day, almost every
day to municipalities all over New Jersey. I have never been asked to
further clarify my request. I will go back and re-ready your email, but
I don't believe requesting a permit list for all permits issued over the
last 20 years is an unreasonable or unclear request.

-----Original Message-----

Dear James Manser, 
 Please read the email I sent to you that describes the names of the
 report you should request.  Your request for " Please send a list of
all
 open and closed permits for the past 20 years. "  is still not a valid
 OPRA Request. 
 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. 

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[2][OPRA #21675 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[3]https://opramachine.com/help/officers

View this OPRA request & responses online:
[4]https://opramachine.com/request/property...

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.
-------------------------------------------------------------------

Official email of the Township of Livingston NJ
For Official Business Use Only

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://opramachine.com/help/officers
4. https://opramachine.com/request/property...

hide quoted sections