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:
NEW REQUEST UNDER THE
FREEDOM OF INFORMATION LAW (“FOIL”)
Wednesday, April 24, 2024
VIA U.S. MAIL and E-MAIL:
foil@parks.ny.gov
New York State Office of Parks, Recreation and
Historic Preservation (OPRHP)
Attn: Records Access Officer
625 Broadway
Albany, New York 12238 USA
VIA U.S. MAIL and E-MAIL:
news@parks.ny.gov
Dan Keefe, Public Information
Officer
New York State Office of
Parks, Recreation and Historic Preservation (OPRHP)
Public Affairs Bureau
625 Broadway
Albany, New York 12207 USA
VIA U.S. MAIL
Daniel Mackay, Deputy
Commissioner
New York State Historic
Preservation Office (SHPO)
1 Delaware Avenue North
Cohoes, New York 12047 USA
VIA U.S. MAIL
Daniel McEneny, Division
Director
New York State Historic
Preservation Office (SHPO)
1 Delaware Avenue North
Cohoes, New York 12047 USA
VIA U.S. MAIL
Kathy Howe, Director,
Community Preservation Bureau
New York State Historic
Preservation Office (SHPO)
1 Delaware Avenue North
Cohoes, New York 12047 USA
VIA U.S. MAIL
New York State Historic
Preservation Office (NYSHPO)
Peebles Island Resource
Center
P.O. Box 189
Waterford, New York
12188-0189 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. Keefe, Commissioner
Mackay, Director McEneny, Director Howe, and Colleagues:
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 historic preservation 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
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, sewage, flooding, threats to protected watersheds, and
threats to endangered species – in addition to any other historic preservation matter
that could possibly end up in OPRHP or SHPO 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 9th
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 “New York State Historic Preservation Office”:
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. 447-477 Piermont Avenue, 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
-Your
New York State Office of Parks, Recreation and Historic Preservation (OPRHP).
-Your
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).
-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.
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
