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Farm's
Neighbors File State Ethics Complaint OLD TAPPAN -- Neighbors involved in a pesticide complaint against a farm owned by a borough councilman have filed an ethics complaint against him with the state's Local Finance Board. The complaint, dated Feb. 1, alleges that Ronald Binaghi Jr. used his influence as a borough councilman to obtain approval to build a new 7,000-square-foot greenhouse despite using an outdated 18-year-old survey of the farm. "The zoning-permit application clearly states that the applicant has to provide a recent survey of the property," said Alan Ashkinaze, lawyer for the affected residents, James and Wilda Lagrosa. "Had this been any other resident of Old Tappan, that permit application would have likely been rejected as incomplete." "There was no favoritism accepting an old survey," countered construction official Peter Abballe. "Under the Right to Farm Act, there are limitations regarding the size. But if [Binaghi] abides by zoning setbacks, which he does, he can put as many greenhouses as he wants." The Lagrosas have complained that greenhouse ventilating fans from Stokes Farm, owned by Binaghi, blow contaminants directly onto their property. Wilda Lagrosa has asthma and breathing problems. While engaged in state mediation with the Lagrosas, Binaghi received a construction permit in December to build another greenhouse structure on the 17-acre site. In response, Ashkinaze filed another grievance with the Bergen County Agriculture Development Board in December. The new ethics complaint also alleges that Binaghi submitted a building plan with ventilating fans despite promising no fans on the zoning permit application. "That is a prototype plan and that greenhouse can be installed with or without fans," Abballe responded. "Mr. Binaghi has no intentions of putting any fans in this greenhouse." But Ashkinaze doesn't buy it. "Clearly that model there is designed for four ventilating fans," Ashkinaze said. "If it's not an actual depiction of what he's going to be building, why did the building inspector approve it?" Binaghi said that he has followed all the borough's regulations. "The reason why the Right to Farm Law was created was for this exact reason -- for frivolous nuisance complaints," he said.
Greenhouse
plans further irk neighbors OLD TAPPAN - Residents involved in a pesticide complaint against a farm owned by a borough councilman are angry at his plans to build another greenhouse on the site. James and Wilda Lagrosa have complained that greenhouse ventilating fans from Stokes Farm, owned by Councilman Ronald Binaghi Jr., blow contaminants directly onto their property. Wilda Lagrosa has asthma and breathing problems. While undergoing state mediation with the Lagrosas, Binaghi received a construction permit in December to build another greenhouse structure - close to 7,000 square feet - on the 40-acre site. "We're negotiating to try to settle the problem, and he's in the midst of building more greenhouses right next to my property," said James Lagrosa, saying that Binaghi is "adding insult to injury." Binaghi, however, said he has the legal right to build on his own land. "I have no idea why they're upset," the councilman said. "We're well within our zoning requirements." The Lagrosas' lawyer, Alan Ashkinaze, questioned the decision. "Everyone's scratching their head wondering why Ron [is] building this new greenhouse while we're talking settlement," Ashkinaze said. "He knew that it would really upset the Lagrosas. He obviously has a lot of property and he didn't have to put this very large one close to the Lagrosas' property," the attorney said. "To him it may make business sense, but it does come across as very un-neighborly." Binaghi's lawyer promised that the neighbors' needs will be considered. "As far as I know, anything Mr. Binaghi is doing is entirely legal and intended to minimize any impact on the neighbors while continuing to operate the farm," said attorney Alexander Carver, who also noted that the new structure is replacing a another greenhouse previously on the site. According to the zoning permit application, the new greenhouse will have an open roof design with no ventilation fans. But Lagrosa is still worried. "He's putting in almost 7,000 square feet of vegetation that's going to be on my property line," Lagrosa said. "Vegetation produces pollen, which adds to my wife's health issues." Ashkinaze filed another grievance with the Bergen County Agriculture Development Board in December regarding the new greenhouse. As with an earlier grievance, it was referred to the state's Office of Administrative Law because Binaghi sits on the ADB. Ashkinaze said he expects both issues will be discussed before administrative law judge Elinor Reiner at the Office of Administrative Law in Newark on March 24.
State to handle farm complaint Old Tappan- Pesticide complaints against a farm owned by a borough councilman must be heard by the state's Office of Administrative Law to avoid a conflict of interest, Bergen County's Agriculture Development Board ruled Tuesday. The owner of Stokes Farm, Borough Councilman Ronald Binaghi Jr. had requested that the board issue a decision on the complaint by neighbors James and Wilda Lagrosa, as well as a request by the borough planning board for site approval on 10 greenhouses. However, the Agriculture Development Board passed the case to the Office of Administrative Law to avoid the appearance of a conflict of interest. "Mr. Binaghi sits on the Bergen County Agriculture Development Board" said ADB member Kevin Funabashi. "It's a tight knit group, and we wanted to make sure that it was a fair playing field". The Lagrosas' lawyer, Alan Ashkinaze, welcomed the decision. "There would be doubts about the integrity of the process," Ashkinaze said. "And there would always be questions of whether Mr. Binaghi used his position to influence the decision making." The Lagrosas have complained for years that greenhouse ventilating fans on the 40 acre farm blow contaminants directly onto their property. Borough Construction Official Peter Abballe last month also sent a letter to Binaghi explaining that 10 of the property's greenhouses originally constructed as temporary are actually permanent structures that "require a formal application to the Planning Board for site plan approval". Binaghi, in turn, wrote a March 21 letter to the County Agriculture Development Board requesting assistance in resolving both of these issues. In the letter, Binaghi called the pesticide complaints unfounded. Tests in 1995 by the state Department of Environmental Protection showed no pesticide residue on the fans or in the system's air conditioner intake, he said. Binaghi also noted that the Lagrosas had filed a lawsuit against him in 1994-95 but that "the case was dropped right before we were to appear in court". "This whole thing is a do-over and you don't get to do that in the law", said Binaghi's lawyer, Alexander Carver. "They had every opportunity to bring their case before the court". Wilda Lagrosa said that they had run out of money to pay for the litigation. On the site plan question, Binaghi cited state law that he contends exempts the greenhouses. The Right to Farm Act provides eligible farmers who operate responsibly with protection from restrictive municipal ordinances and public and private nuisance actions. "The …issue is really just a matter of educating our borough about the Right to Farm Act and other exemptions that farms have in New Jersey", Binaghi wrote. Ashkinaze, however, argued that the law doesn't apply. "The operations of the Stokes farm has failed to conform to proper agricultural management practices," Ashkinaze said. "The Binaghis have been improperly ventilating their greenhouses". Couple complain of ill wind Old Tappan- When James Lagrosa and his wife moved to DeWolf Raod more than 25 years ago, the Stokes Farm next door had two greenhouses. Since then, they say, the number had grown to at least 16. "When they apply pesticides in the greenhouses, all of that pesticide vapor blows right at my property", Lagrosa said. For years, Lagrosa said, he has asked the owners of the 40 acre Stokes Farm-Borough Councilman Ronald Binaghi Jr. and his father, a former councilman-to move the ventilating fans, to no avail. However, he hopes that may change now that the property has come under scrutiny. Two weeks ago, borough Construction Official Peter Abballe sent a letter to the younger Binaghi, explaining that four greenhouses originally constructed as temporary are actually permanent structures that "require a formal application to the Planning Board for site plan approval". Nearly 15 years ago, the state granted five-year temporary exemptions for greenhouses, said the Lagrosas' lawyer, Alan Ashkinaze. However, he said, it "doesn't appear that Binaghi senior, a councilman at the time, ever made a formal application- and if he did, he clearly never made a renewal application for another five years". Last week, Ashkinaze sent a letter to Abballe, asking him to "issue an order directing Mr. Binaghi to immediately take down these structures and/or cease and desist operating the existing greenhouses until all necessary approvals have been obtained". "It's our hope that the borough will do the right thing, and that is to enforce the local and state regulations and force the Binaghis to be in compliance with all necessary regulations", Ashkinaze said. As of Wednesday, Borough Administrator Greg Hart said, the Binaghis had not yet submitted an application to the Planning Board for site plan approval and that the farm was operating as usual. It is in the hands of our borough attorney," said Mayor Victor Polce. "He has done the appropriate research, and we are moving to try to get some finality to this situation, which is to the satisfaction of both the Binaghis and the Lagrosas". Borough Attorney Allen Bell refused comment. When contacted by The Record, the younger Binaghi responded with a telephone message: " I serve on the Borough Council, and we just got a message from our borough attorney that we are not supposed to comment to the media until this plays out. So, I apologize, but I can't comment right now. But I will be able to in the future." Rea Epstein, chairman of the Old Tappan Planning Borad, said she was sure the younger Binaghi will take the appropriate action. "Mr. Binaghi is a person who is very concerned about the future of the town and about the well-being of the people in town", Epstein said. "I'm sure he's going to look for resolution to this right away. He's not someone who shirks his civic responsibility by any means". Lagrosa wonder why, then, he's been unable to get any satisfaction. "My wife's health has deteriorated. She has asthma and breathing problems. She has never had that before". "Over the years, we've asked the owners of the property, Ronald Binaghi senior and junior, if they could have the fans moved and they refused", he added. "This had been going on for years", said Lagrosa's wife, Wilda. "Binaghi junior had been permitted to do whatever he wants, and both the father and son have always felt they were above the law". Nets' yard sale FRANKLIN LAKES - Alan Ashkinaze was sold. Nets owner Bruce Ratner held court just a few feet from him under one of the two tents in the spacious back yard. Ashkinaze's 8-year-old son, Josh, got to take a picture with forward Brian Scalabrine. Then he talked basketball with coach Lawrence Frank. "It certainly brings the basketball team a lot closer that the players, the coaches and the owner are not just people you see on your TV screen. They're real people," said Ashkinaze, a Hackensack lawyer. So he bought a full season ticket package. And maybe more importantly, he bought into the Nets. The question is, for how long? The Nets are reaching out to their fans and right into their back yards. They kicked off the latest initiative in a campaign to be a kinder, gentler, more intimate and accessible franchise Wednesday night by throwing a party at the home of season-ticket holders Cesar and Diana Shapiama. It will be followed by dozens more in the Ticket Influencer Program, where other season-ticket holders will host their family, friends and business associates - prospective ticket buyers - to share some food and drink and talk Nets basketball with the owner, front office personnel and players, and maybe buy some seats. Judging by the results - smiles, networking, oh and 20 full season ticket plans sold just Wednesday - the plan is working. But despite assurances from Nets officials that the prospective move to Brooklyn in 2008 is not a topic among fans, the new ticket buyers say it will test their allegiance, no matter how intimate and friendly the team is. "I probably wouldn't go to Brooklyn," said Ashkinaze, who lives in Oradell. "That would end it. I like the convenience of the Meadowlands. I think it's a great arena. It's close for us, accessible." Ted Gatto, a pharmacist from East Hanover, beamed after talking to Frank. But when Brooklyn came up, his face scrunched up. "I think it would be a detriment to the organization," he said. "I don't want them to leave. I strongly oppose them leaving New Jersey. Just the commute alone and the parking situation - it would be questionable," that he would follow. The Nets say they are proud of their Jersey roots, at least until the Brooklyn issue resolves itself. They'll cross that bridge when they come to it. "Brooklyn's been a non-issue so far," said Wayne's Brett Yormark, president and CEO of the parent company of the Nets, Nets Sports & Entertainment. "Ÿ... What we're telling people is for the next few years we're going to be here. We're going to market like we've never marketed before as if we're staying for another 20 and we'll give them a reason to follow us to Brooklyn." Ratner is gambling that they will. It's a $450 million gamble at the minimum, the price of the proposed Brooklyn arena. He cannot offer a championship, or even an Eastern Conference title for the team's fans to rally around this off-season. But he can come to your house. He can look you in the eye and shake your hand and talk basketball with your kids. And he can bring president Rod Thorn and Scalabrine and Frank with him. "People first of all will follow us no matter what, whether we're Brooklyn or whether we're Jersey," Ratner said. "Because they're Nets fans. You bleed being a fan. As a kid, I grew up in Ohio and I'll always have some place in my heart for the Cleveland Browns. "I think you're always a Nets fan." Ratner said some fans may reduce the number of games they attend, but they will still remain loyal. He compared the Nets' prospective move to the Jets shifting from Shea Stadium to the Meadowlands - a matter of miles, not culture. Kevin Codey, 20, son of acting Governor Codey, is not so sure. "I'm not pleased," he said. "It would be tougher to go to games. I hate going out that way to begin with." Ashkinaze, who will share his tickets with a partner, plans to take his son to the games as well as his clients. Michael Encarnacion, deputy mayor of Paterson and owner of a real estate firm, also bought a full season plan to share with his business partner. They're excited about the Nets. They're excited to have met Ratner and Thorn and Frank in such an intimate setting. But for now, their enthusiasm stays on this side of the Hudson. "It would be hard for me to go to Brooklyn," said Encarnacion. "They wouldn't be the Nets from New Jersey then. They'd be the Nets from Brooklyn."
All Articles Re-printed with permission Alan S. Ashkinaze and Original Owner
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