Dear Nutley Township,

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:

"OPRA's clear purpose . . . is 'to maximize public knowledge about public affairs to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Educ. Law Ctr. v. N.J. Dep't of Educ., 198 N.J. 274, 284 (2009) (quoting Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)).

This OPRA request is directed to, Ceci Tramontana, RMC, Nutley Deputy Municipal Clerk. There is no contact ORDER between Elli Pettas and Rory Moore. Complaints have been filed. I still have the right to file an OPRA request.

OPRA machine has determined Pettas has full control over the receiver's email address. Pettas must change the recipient email. I have no dominion, control, or ability to change the recipient's email address. I have filed a criminal complaint against Pettas for using government resources to harass me. Elli Pettas, on 12/7/21, acted with impunity to harass and interrupt my comments during public comments.

SHADOW STUDY
A shadow study shall be provided as part of any site plan application pertaining to this redevelopment in order to determine if there are any impacts on the adjacent property owners. If the Planning Board deems the impacts have a negative impact on adjacent properties, the applicant shall take necessary steps to eliminate such impacts

I seek a copy of the shadow study as per the DMR report.

Yours faithfully,

Rory Moore

Ceci Tramontana, Nutley Township

2 Attachments

Mr. Moore,

 

This correspondence shall serve as Nutley Township (the “Township”)’s
response to your request for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was
received by the Township on July 21, 2022 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

 

"OPRA request – Dimond [sic] Springs. SHADOW STUDY

A shadow study shall be provided as part of any site plan application
pertaining to this redevelopment in order to determine if there are any
impacts on the adjacent property owners. If the Planning Board deems the
impacts have a negative impact on adjacent properties, the applicant shall
take necessary steps to eliminate such impacts

I seek a copy of the shadow study as per the DMR report."

 

Please be advised that there is currently no Shadow Study for the Diamond
Springs Redevelopment Project. Any such study would not be required until
a site plan application is before the Planning Board. Therefore, there are
currently no records responsive to this request.

 

To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure.  See Loigman v. Kimmelman, 102 N.J. 98 (1986).  The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test.  Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”.  MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005).  The Township of
Nutley reserves the right to raise any other grounds for denial not raised
in this response.  Failure of the Township of Nutley to assert an
exemption or privilege does not act as a waiver of any grounds for
denial.  Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other that
those advanced by a custodian.  See Paffv. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). 
If your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the Township of
Nutley to deny access.  At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the 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 [1][email address], or on
its website at [2]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.

 

Sincerely,

 

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org

 

 

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/

Dear Ceci Tramontana, still waiting

Yours sincerely,

Rory Moore

Ceci Tramontana, Nutley Township

Mr. Moore,

 

I responded to this request on July 27. Please see the highlighted text
below.

 

Thank you,

 

Ceci Tramontana, RMC

Deputy Municipal Clerk

Municipal Clerk’s Office

Township of Nutley, NJ

 

Office: 973-284-4955 | Direct: 973-284-4951 x2233

Fax: 973-284-5668

1 Kennedy Drive

Nutley, New Jersey 07110

www.nutleynj.org

 

 

show quoted sections

Dear Ceci Tramontana, Ceci, I am tired of the no response. I will mediate this. The link will be submitted and the mediator will have the same issues I have. NO RESPONSE. please send the response in google Docs to have the response visible or mediation. Please chose wisley.

Yours sincerely,

Rory Moore

Ceci Tramontana, Nutley Township

Mr. Moore,

Please make sure to read my response from July 27 from beginning to end and you will see that it states the following:
"Please be advised that there is currently no Shadow Study for the Diamond Springs Redevelopment Project. Any such study would not be required until a site plan application is before the Planning Board. Therefore, there are currently no records responsive to this request."

Thank you,

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ

Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
www.nutleynj.org

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Dear Ceci Tramontana,

OPRAmachine
10:47 AM (2 minutes ago)
to me

You have a new response to the OPRA request
'Dimond Springs . SHADOW STUDY' that you made to
Nutley Township.

To view the response, click on the link below.

https://opramachine.com/request/dimond_s...

When you get there, please update the status to say if the response
contains any useful information.

Although all responses are automatically published, we depend on
you, the original requester, to evaluate them.

Please do not reply to this email if you need to send a followup message to the public agency regarding your OPRA request. You can send a note to the government by clicking the link above and clicking the Actions button and then selecting Write a reply.

-- the OPRAmachine team

Yours sincerely,

Rory Moore