NORTON!!!

NOTE AND UPDATE: IN ALL LIKELIHOOD IN RESPONSE TO THIS AND OTHER RELATED BLOG ENTRIES, CRAIG WEIS, ESQ. AND FRANK DECARLO (1) REINSTATED "PIERMONT DEVELOPERS LIMITED LIABILITY COMPANY" FROM A 7-PLUS YEAR FILING DEFAULT, (2) THEREBY SOUGHT TO PURGE JERRY POLIDORO FROM THAT LLC'S RECORD, AND (3) CHANGED THE LLC'S ADDRESS FROM NORWOOD NJ TO HACKENSACK NJ. HOWEVER, AS LAST-KNOWN, JERRY POLIDORO STILL APPEARS ON THE DEED FOR 475 PIERMONT AVENUE IN PIERMONT NEW YORK, AS SHOWN HERE: 

https://unhandpiermont.blogspot.com/2024/04/piermont-new-york-meet-your-new-475.html

Law Office of John J. Tormey III, Esq.
John J. Tormey III, PLLC
1636 Third Avenue, PMB 188
New York, NY  10128  USA
(212) 410-4142 (phone)
(212) 410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
 
NEW REQUEST UNDER THE FREEDOM OF INFORMATION LAW (“FOIL”)
 
Wednesday, April 24, 2024
 
VIA FAX: 1-845-359-6951, U.S. MAIL, and E-MAIL:
ereilly@orangetown.com
Ken Skibinski, Chief Operator - Sewer Department, Sewer District #2
Town Of Orangetown, New York
Department of Environmental Management and Engineering
127 NY Route 303
Orangeburg, New York 10962 USA
 
VIA FAX: 1-845-359-6062, U.S. MAIL, and E-MAIL:
HighwayDept@orangetown.com
Superintendent James J. Dean
Town Of Orangetown Highway Department
Town Of Orangetown, New York
19 NY Route 303
Orangeburg, New York 10962 USA
 
VIA FAX: 1-845-623-6977, U.S. MAIL, and E-MAIL:
lawoffice@teresakenny.com
Supervisor Teresa M. Kenny, Esq.
Town Of Orangetown, New York
Orangetown Town Hall
26 West Orangeburg Road
Orangeburg, New York 10962 USA
 
Re:     
FOIL Request - Regarding “447-477 Piermont Avenue, Piermont, New York, 10968 USA”

The Deliberate Paving-Over Of A Former Sunoco Gasoline Station And Suspected Toxic Site

The People Of The Village Of Piermont, New York adv. The Village Of Piermont Planning Board, Daniel Spitzer, “Piermont Developers Limited Liability Company”, And Gerard M. (“Jerry”) Polidoro
 
Dear Mr. Skibinski, Superintendent Dean, and Supervisor Kenny:
 
As I believe you – Supervisor Kenny and Superintendent Dean - already know, I am an attorney in New York, and a citizen and resident of the Town of Orangetown and the County of Rockland. Under the New York State Freedom of Information Law:
http://www.dos.ny.gov/coog/foil2.html
and, as may be applicable, its state, federal, and other counterparts, including without limitation New York Public Officers Law, Article 6, Sections 84-90, and Title 5 of the United States Code, Section 552 (collectively herein referred to as “FOIL”), request is hereby made that each of you provide to this, my law office, full and complete copies of each and every document and other item of material (collectively, “Records”) which may be at all responsive to the following requests:
 
1. 447-477 Piermont Avenue, Piermont, New York, 10968 USA. All Records relating to that certain real property located at 447-477 Piermont Avenue, Piermont, New York, 10968 USA [Tax Assessment Map of the Village of Piermont Section 75.55, Block 1, Lots 14.1 and 14.2, and Lot 13, apparently “in the CB §61.6 C zone”], and without limitation to the foregoing, any sewer issue or issues which may be related thereto. My understanding is that the reason for the hyphenated “447-477” address, is the fact that this location is comprised of three or four smaller plots which were deliberately-combined fairly recently and as I understand it, may be intended to be re-mapped and re-zoned for the purpose of development activity by the below-described “LLC”. Therefore, your search should cover, at minimum, each of the following addresses or sub-addresses:
 
- 447-477 Piermont Avenue, Piermont, New York, 10968 USA.
- 447 Piermont Avenue, Piermont, New York, 10968 USA.
- 475 Piermont Avenue, Piermont, New York, 10968 USA.
- 477 Piermont Avenue, Piermont, New York, 10968 USA.
 
The subject location and each and all of the above addresses are collectively hereinafter referred to as the “Site”.
 
2. Health And Environmental Matters. Without limitation to the foregoing, I am seeking any and all Records which could possibly indicate any past or present health or environmental problem, issue, or other matter as relating to the Site, such as sewage, emissions, run-off, drainage, stormwater, gasoline, petroleum, BTX, carcinogens, underground tanks, “phantom tanks”, remediations, spills, clean-ups, permitting, soil testing, test results, soil contamination, air quality, water quality, water table, radioactivity, flooding, threats to protected watersheds, and threats to endangered species – in addition to any other historic preservation matter that could possibly end up in Orangetown Sewer Department, Orangetown Highway Department, or Orangetown Supervisor jurisdiction.
 
3. “Piermont Developers Limited Liability Company”, and “Piermont Developers, LLC”. Additionally and without limitation to the foregoing, I am seeking all Records relating to any developer and developer entity threatening to build over and on top of this potentially-toxic Site:
https://cms9files1.revize.com/piermont/document_center/Department/Planning%20&%20Zoning%20Board/Planning%20Board/Plan_Board_Documents/2022/5-9-22/Piermont%20Developers%20LLC%20Package.pdf
The developer entity as identified to the people of the Village of Piermont is known as “Piermont Developers Limited Liability Company” alias “Piermont Developers, LLC”, a New Jersey LLC whose status was revoked for seven (7) years or more by the State of New Jersey for failing to file and pay its Annual Reports (the “LLC”).
 
You will note that on Page 7 of the Zoning Petition included in this linked document (the 9^th page of the “.pdf” itself), White Plains counsel to the New Jersey LLC expressly acknowledges a need to obtain approval for the subject project from the “Orangetown Sewer District”:
https://cms9files1.revize.com/piermont/document_center/Department/Planning%20&%20Zoning%20Board/Planning%20Board/Plan_Board_Documents/2022/5-9-22/Piermont%20Developers%20LLC%20Package.pdf
 
4. Gerard M. (Jerry) Polidoro. Additionally and without limitation to the foregoing, I am seeking all Records relating to the last-known Manager, Member, and Managing Member of “Piermont Developers Limited Liability Company” of which I am currently aware, and who was the only individual on-record with the New Jersey Secretary of State as owning the LLC at the time that the LLC filed its November 9, 2021 Zoning Petition with Piermont Village government relating to the proposed development – that is, one Gerard M. (Jerry) Polidoro, an individual who was slammed by the New Jersey Department of Environmental Protection (NJDEP) about a decade ago for failing to remediate a (different) toxic gasoline station site in Bergenfield, New Jersey:
https://unhandpiermont.blogspot.com/2024/04/flashback-to-2015-polidoro-properties.html
Mr. Polidoro is also apparently referred to by the following alternate names, according to public-record sources including the Internet:
 
- Gerard M. Polidoro.
- “Gerard Polidoro”.
- “Jerry Polidoro”.
- “Gerald Pollidoro”[sic].
- “Gerard D[sic] Polidoro”.
- “Gerard M Polido[sic]”.
 
While a recent communication from a representative of Village of Piermont government indicates that there may be a second owner of the LLC, to date the Village of Piermont government appears to be trying to conceal the identities of any LLC owner or owners.
 
Additionally, while a “Frank DeCarlo” of Cresskill, New Jersey has been suggested by some to be a developer bearing a connection to the subject project, Mr. DeCarlo actually appears to be primarily a general contractor or other form of contractor:
http://www.fdccontracting.com/
https://www.yelp.com/biz/decarlo-frank-cresskill
https://www.linkedin.com/in/frank-decarlo-8a585078/
https://www.buzzfile.com/business/Fdc-Contracting-Co-Inc-201-569-3864
https://www.thebluebook.com/iProView/1667188/fdc-contracting-co-inc/general-contractors/locations-contacts/
 
5. Other Jerry Polidoro Addresses. For your convenience of reference while searching, other public-record information indicates that Gerard M. Polidoro, the last-known record owner of the LLC of which I am aware, has been associated with the following eighteen (18) different addresses over the past several decades:
 
A.        ____________, Norwood, NJ 07648 USA.
B.        ____________, Norwood, NJ 07648 USA.
C.        ____________, Norwood, NJ 07648.
D.        ____________, Old Tappan, NJ 07675 USA.
E.         ____________, Norwood, NJ 07648 USA.
F.         ____________, Norwood, NJ 07648 USA.
G.        ____________, Alpine, NJ 07620 USA.
H.        ____________, Norwood, NJ 07648 USA.
I.          ____________, Demarest, NJ 07627 USA.
J.         ____________, New Milford, NJ 07646 USA.
K.        ____________, Norwood, NJ 07648 USA.
L.        ____________, Monroe Township, NJ 08831 USA.
M.       ____________, Dayton, OH 45417 USA.
N.        ____________, Norwood, NJ 07648 USA.
O.        ____________, Piermont, NY 10968 USA.
P.         ____________, Northvale, NJ 07647 USA.
Q.        ____________, Blauvelt, NY 10913 USA.
R.        ____________, Piermont, NY 10968 USA.
 
6. Other Jerry Polidoro Entities. Additionally and without limitation to the foregoing, I am seeking all Records relating to the following entities with which Mr. Polidoro has been associated in public-record documents. Approximate year-dates in which these entities were created or otherwise existed are indicated in parentheses next to the entity-names:
 
A. The above-referenced “Polidoro Properties LLC” of Norwood, NJ (2003).
B. “Piermont Developers Limited Liability Company” of Norwood, NJ (2013).
C. “10 Bluehill Road Limited Liability Company” of Norwood, NJ (2015).
D. “Transport Consulting Limited Liability Company” of Norwood, NJ (2015).
E. “Tri-[T]ech Builders” of Norwood, NJ (2007).
F. “Public Service Electrical Contracting Limited Liability Company” of Norwood, NJ (2014).
G. “207 River Vale Road LLC” of Norwood, NJ (2007).
 
7. The Deed, And A Map. For your convenience of reference while searching, according to a Deed for a component portion of the 447-477 Piermont Avenue property, the recent buyers and current owners of that portion of the property identified as “475 Piermont Avenue” appear to be the same “Piermont Developers Limited Liability Company” alias “Piermont Developers, LLC”, and Gerard M. (Jerry) Polidoro:
https://unhandpiermont.blogspot.com/2024/04/piermont-new-york-meet-your-new-475.html
A map of 475 Piermont Avenue can be found here:
https://www.zillow.com/homedetails/475-Piermont-Ave-Piermont-NY-10968/102074354_zpid/
 
8. Time-Frame. I am researching this property back to a time-frame pre-dating the 1940s. I am therefore requesting the production of any and all Records from Year 1940 forward. At least a portion of the Site was a Sunoco Gasoline Station in the 1940s:
https://unhandpiermont.blogspot.com/2024/04/bringing-it-on-home-sunoco-gasoline.html
 
9. Affiliates. The foregoing requests include without limitation each and every Record created, generated, materializing, or otherwise existing which reflects any communication by, to, about, or otherwise referencing in any way, the following:
 
A. Piermont Developers Limited Liability Company (the “LLC”), itself; and
B. Frank DeCarlo a/k/ Frank De Carlo, of Cresskill, New Jersey;
C. Mr. DeCarlo’s company, “FDC Contracting Co., Inc.”;
D. Another entity which also appears to be Mr. DeCarlo’s company, “FDC Development, LLC”;
E. Stephanie DeCarlo Pantale, Frank DeCarlo’s sister, who is the architect of the subject development;
F. “Collazuol Engineering and Surveying Associates, LLC”;
 
or any of its or their executives, principals, officers, managers, members, managing members, employees, contractors, attorneys, agents, representatives, or any other of their direct or indirect affiliates (collectively, “LLC Affiliates”), as well as Mr. Polidoro or any of his associates (collectively, the “Polidoro Affiliates”).
 
10. Violations Of Laws, If Any. The foregoing requests include each and every Record reflecting any “violation”, “reporting violation”, fine, penalty, or other past, present, future, or anticipated violation, breach, or other transgression – if any - of any federal, state, county, town, local, or other ordinance, rule, regulation, requirement, or other law or standard, including without limitation any violation of rules, regulations, or other laws enforced by, relating to, or otherwise concerning the following agencies and authorities:
 
Federal Agencies
-U.S. Department of Health & Human Services (USHHS).
-Office of the Inspector General, Department of Health and Human Services (OIG).
-U.S. Department of Homeland Security (USDHS) especially but without limitation its division known as the Federal Emergency Management Agency (FEMA).
-Centers For Disease Control (CDC).
-Agency for Toxic Substances and Disease Registry (ATSDR).
-Health Resources and Services Administration (HRSA).
-National Institutes of Health (NIH).
-Environmental Protection Agency (EPA).
-United States Department Of Justice (USDOJ).
-U.S. Department Of Justice Environment and Natural Resources Division (ENRD).
-U.S. Attorney’s Office (USATTY).
-Federal Bureau Of Investigation (FBI).
-U.S. Army Corps Of Engineers (USACE).
 
New York And New Jersey State Agencies
-New York State Office of Parks, Recreation and Historic Preservation (OPRHP).
-New York State Historic Preservation Office (SHPO).
-New York State Department Of Health (NYSDOH).
-New York State Department Of Environmental Conservation (NYSDEC).
-Office of the New York State Governor (NYS GOV).
-New York State Division of Homeland Security and Emergency Services (NYSDHSES).
-New York State Office of Emergency Management (NYSOEM).
-New York State Attorney General’s Office (NYSAG).
-New York State Department of Public Service/New York State Public Service Commission (PSC).
-New Jersey Department Of Environmental Protection (NJDEP) as well as all other New Jersey state and local agencies.
 
Rockland County, New York Agencies
-Rockland County Department Of Health (RCDOH).
-Rockland County, Office Of The County Executive (C.E.).
-The Rockland County Legislature (RCL).
-Rockland County Solid Waste Management Authority (RCSWMA).
 
Orangetown, New York Agencies
-The Town Of Orangetown, New York (OTOWN).
-Your Orangetown Sewer District (OSD).
 
11. Definition Of “Records”. “Records” should be construed in the broadest sense and manner possible and should include “any information kept, held, filed, produced or reproduced by, with or for (your agency or office)... in any physical form whatsoever...” (FOIL,§86[4]) including without limitation all audio recordings, blog posts, correspondence, data maintained electronically, data, e-mails, executive summaries, extracts, faxes, instant messages, Internet posts, letters, log-book entries, memos, paper records, personal messages, social media communications, spreadsheets, summaries, synopses, telephone records, test-reports, visual recordings, and any other materials:
http://www.dos.ny.gov/coog/foil2.html#s86
 
12. Headings And Subheadings. The headings and subheadings used in this letter are for convenience of reference purposes only, and should not be construed to be words of limitation or otherwise of any substantive significance relative to this FOIL request.
 
13. Costs. If there are any copying or other fees for this, please let me know what they are and how they are calculated, before filling the request and forwarding the Records to me. As this FOIL should be considered a matter of public importance, and as its results will be shared with the general public and published, I am asking that any otherwise-applicable fees be waived for this document-production. I am also asking that all documents be provided to me electronically to the full extent possible, so as to obviate the need for any photocopying expense.
 
14. Denials And Appeals. In the event that any portion of my request is denied, please inform me of each of the specific reasons for any such denial in writing - and provide me with the name, address, and other contact information of the person or entity to whom an appeal should be directed.
 
15. Additional Requests. This FOIL request is not intended to be exhaustive, and I foresee making additional and follow-up requests.
 
16. No Fundraising. I hereby certify, pursuant to NYS Public Officers Law §89(3)(a) - a/k/a NYS Freedom of Information Law or “FOIL” - regarding this FOIL request, that I will not use any lists of names and addresses provided by the Town of Orangetown in response to this FOIL request, for solicitation or fund-raising purposes; and will not sell, give, or otherwise make available such lists of names and addresses to any other person for the purpose of allowing that person to use such lists of names and addresses for solicitation or fund-raising purposes. I certify that I will not use my FOIL for any of the above-listed fund-raising purposes.
 
I will appreciate a response from you and your office as soon as possible. I look forward to hearing from you shortly. Thank you.
 
Very truly yours,

John J. Tormey III, Esq.
 
cc:
VIA FAX: 1-518-474-1927, U.S. MAIL, and E-MAIL:
coog@dos.ny.gov
NYS Committee on Open Government (COOG)
Department of State
One Commerce Plaza, 99 Washington Avenue, Suite 650
Albany, NY 12231 USA