Developer Steve Baglivo is back in court on FRIDAY JAN 17. The legal hearing will focus on alleged safety concerns for residents living inside the Margate Gardens Apt rentals at 9708-9710 Ventnor Ave.
The Margate vs Baglivo lawsuit is a NJ superior court case where it’s alleged that Baglivo added 6 additional kitchens/units without zoning approvals, proper inspections, C-O’s Certificates of Occupancy, etc.
Did Margate City Hall, the Margate Planning Board, and Margate Construction official Jim Galantino know what was going on?
Margate City wants to fully inspect, but faces pushback / delay.
Accusation: Baglivo created 6 additional units, a finished second floor above the REVEL exercise building, and an office where the mailroom is… all without zoning, proper permits, etc.
The complaint is supported by affidavits from McLarnon, Cavalieri, and Manghan, as well as the Planning Board’s 2022 Decision and Resolution, which outlines the approved development plan.
Roger McLarnon, Margate Zoning Officer against Baglivo
Legal complaint was filed by Roger McLarnon, Margate Zoning Officer against Steven Baglivo, owner of apt complex at 9708-9712 Ventnor Ave. Complaint alleges builder Baglivo violated Margate zoning & construction codes.
Key Allegations:
- Unauthorized Dwelling Units: Baglivo is accused of converting the 6 approved residential units into 12 by installing additional kitchens and dividing the units with deadbolt-locked doors. This effectively doubled the density of the property without obtaining the necessary zoning approvals. Each of the six approved units was designed to have one kitchen and a wet bar, but Baglivo installed two kitchens in each unit, creating separate living spaces.
- Unpermitted Work: Baglivo allegedly finished the attic space above the commercial unit at 9712 Ventnor Ave into habitable space, despite the Planning Board’s approval specifying that the attic was to remain uninhabitable. Additionally, he converted a designated mailroom into an office without obtaining the required zoning or construction permits.
- Safety Concerns: Dino Cavalieri, Acting Construction Code Official for Margate, expressed concerns about unpermitted electrical and plumbing work in the residential units and the attic space. Without proper permits and inspections, there is a risk that the work may not comply with building codes, potentially endangering occupants and neighboring properties.
- Occupancy Without Certificates: The property is fully occupied without valid certificates of occupancy (COs). Temporary certificates of occupancy (TCOs) were issued in December 2023 and extended in April 2024, but they expired in June 2024 and have not been renewed because Baglivo has refused to allow the final zoning inspection required for the issuance of COs.
Inspection Findings:
- During an inspection on July 11, 2024, city officials observed that one of the residential units had been divided into two separate units, each with its own kitchen and laundry facilities, separated by a deadbolt-locked door. This configuration was not approved by the Margate Planning Board.
- Margate Tax Assessor, James Manghan, confirmed during an August 15, 2024 inspection that the attic space at 9712 Ventnor Avenue had been fully finished and that residential units at 9708-9710 Ventnor Avenue had been divided into two units each, with separate kitchens and laundry facilities.
Margate Tax Assessor, James Manghan
Legal Relief Sought
The plaintiff seeks court intervention to compel Baglivo to:
- Permit inspections of property by Zoning Officer and Construction Code Official.
- Enjoin continued use and occupancy of the property until all zoning and construction violations are resolved.
- Reduce number of dwelling units from 12 back to approved 6, which may require relocating tenants.
- Remove unauthorized improvements, including finished attic space, office conversion, restore property to approved state.
- Obtain all necessary permits and certificates of occupancy before allowing further occupancy.
The plaintiff (Margate) emphasizes the safety risks posed by unpermitted work and the need to enforce zoning and construction codes to protect the public.
Margate Construction Official, Dino Cavilieri
Margate Gardens Zoning Violations
- Case Overview: Baglivo is accused of violating zoning approvals by converting a multi-use development at 9708-9712 Ventnor Ave. from six approved residential units into 12 units without proper permits. Margate Zoning Officer, Roger McLarnon, filed a lawsuit seeking to enforce compliance with zoning regulations, including relocating tenants, reducing the number of units, and restoring unauthorized changes.
- Key Allegations:
- Installation of additional kitchens and bedrooms beyond what was approved.
- Occupying buildings without valid Certificates of Occupancy (COs).
- Converting a mailroom into an office without zoning approval24.
Temporary Certificates of Occupancy (TCOs)
- Baglivo operated the Margate Gardens complex under Temporary Certificates of Occupancy, which expired on June 17, 2024. Despite this, the units remained fully occupied. City has allegedly been unable to conduct a final, full inspection due to Baglivo’s refusal to allow full access.
Conflict of Interest Allegations
- Margate’s solicitor, John Scott Abbott, initially handled case but later passed it to special legal counsel Dorothy McCrosson to avoid appearance of conflict.
- Abbott has regularly / vehemently maintains ‘there are 6 units’ (not 12 units).
Public and Official Reactions
- The Margate Planning Board and city officials have been criticized for their handling of the situation, with allegations of favoritism and inadequate oversight.
- Developer Baglivo’s legal issues in Margate highlight significant concerns about zoning compliance, Margate’s lack of full transparency and potential conflicts of interest.
Baglivo Timeline: Inspections and Compliance.
- Initial Approval and Construction: Baglivo received Planning Board approval on August 25, 2022, to construct a property with six residential units above commercial space.
- Early Violations: A zoning inspection on November 1, 2023, revealed that each unit had two kitchens, which violated the approved plans. The city ordered the removal of the extra kitchens, which were removed by November 21, 2023.
- City granted Temporary Certificates of Occupancy (TCOs) on December 11, 2023, and extended them on April 18, 2024.
- Failure to Obtain Full CO: Baglivo was required to provide a piling vibration report, flood proofing certificate, and evidence of elevator installation to receive a full Certificate of Occupancy (CO). A final zoning reinspection was also necessary.
- Baglivo refused to allow final inspection, which caused TCOs to expire on June 17, 2024, and the units to be occupied without valid COs.
- A subsequent inspection attempt on July 11, 2024, was cut short when Baglivo allegedly asked the inspector to leave.
- Further Violations: An August 15, 2024, inspection by Margate Tax Assessor revealed additional violations.
- The units were divided into what effectively were 12 units with a locked door separating each one, each with its own kitchen and laundry facilities.
- One unit approved for two bedrooms had three bedrooms. Attic area above the ground floor commercial space was fully finished. Proposed mailroom converted into an office without proper approvals and a mercantile license.
Legal Action
- The city’s lawsuit seeks to compel Baglivo to allow inspections, obtain all necessary permits and licenses, and comply with the original plans.
- Lawsuit asks the judge to force Baglivo to reduce the 12 residential units back to six, relocate tenants until proper COs are issued, remove improvements made to the second floor of 9712 Ventnor Ave, return the office to a mailroom, and cover all city attorney fees and court costs.
In summary, there’s a pattern of non-compliance by Mr. Baglivo, who not only failed to meet conditions for a full Certificate of Occupancy, but also made significant unauthorized changes to the property, resulting in a lawsuit.
Baglivo Municipal court date delayed until April 2025.
The Margate vs Baglivo municipal case: Developer Baglivo continued to work on an un-approved 2nd floor above a ground level exercise studio. (part of Margate Gardens complex)
April court hearing: Why Baglivo continued to work after receiving stop-work order.
Baglivo seems to have ignored a stop-work order from Zoning Code Enforcement’s Roger McLarnon. Baglivo allegedly did not have proper permits/zoning.
April court date could result in monetary fine if Baglivo found / pleads guilty. A cost of doing business.
So, ultimately, he will be given a fine and be able to keep the units as they are. It’s unbelievable how some builders are getting away with these things. Of course, there are not enough parking spaces to accommodate the people living in these units which will spill out onto the already overcrowded streets. Can’t wait for the outdoor bar deck to open too. It’s going to be a nightmare in the summer for those of us living near these 2 buildings.
If no CO was issued, what’s the problem. Why should Margate have to go to court? No inspection give the occupants notice and it should sit empty until compliance with the law is met. Why all this back and forth arguing. All buildings must be inspected before occupancy at all is considered. No occupancy should have been allowed until a final inspection was done. How it got this far is amazing. Some department dropped the ball and nobody else in the local government saw this ? Really ? Now money will be invested in a court case. This is a wake up call.
Mark — many city departments dropped the ball (and for many of them it was intentional; it had to be)
I may be wrong but if no CO is issued, then any insurance claim filed in future would not be honored
Isnt it the Building Inspector James Galantino job to inspect and approve construction in town ??????
The court date was postponed.
Here is a good one for you. There is a Baglivo truck parked all the time at Monmouth and Jefferson.
It’s not legal for trucks to be parked there after certain hours. However the truck is there 24/7.
The neighbors have complained but nothing is being done about it. Finally the neighbors were told by the police department, he can keep the truck there as a special courtesy from the city.
Are you kidding me! Special treatment for a big political contributor?
The same guy who flipped the voters the bird in a picture after the election results came in.
The same guy caught in photographs hugging and kissing Collins and Horn after the election.
Special treatment?
I drive by the Margate Gardens location today and there are construction trucks and work going on there now!
Does Margate have a clue what they are doing or do they clearly know what is going on and are continuing to cover up?
When does it stop?
I think it’s obvious he knows now that he is done. If there is any construction trucks there, it’s to move out his residents, or to start turning it back to what it was approved for. He has to feel like a scum when going into the few restaurants/bars that he is still welcome in after what he has done. Hopefully he was able to renew or get insurance on that complex considering there is NO Certificate of Occupancy, and there is snow coming this weekend. I’m surprised the attorney/judge on this case allowed a 2 week delay considering the liability the city could be under. It’s time for Steve Baglivo to pack his BAGS and get out of Margate.
How about our two commissioners Horn and Collins?
How about our Solicitor Abbott who covered it up u til outside counsel was brought in?
How about our inspectors ? Especially Galantino who covered it up.
How about Tom Collins, the Mayors Father who suddenly resigned from the planning board.
How about John Amodeo , the mayor’s father in law.
Should I keep going?
Wake up taxpayers!!!!