MARGATE – A Superior Court judge has ordered the developer of a multi-use development at 9708-10 Ventnor Ave. that has been the subject of contention in Margate for more than a year to appear at an Order to Show Cause hearing on Jan. 17, 2025. The hearing will be held virtually at 9:30 a.m., Superior Court Judge M. Susan Sheppard has ordered.
The hearing will give the developer, Steven B. Baglivo the opportunity to show why a summary judgement should not be entered against him by the court.
Margate Zoning Officer Roger McLarnon brought the lawsuit in his capacity as the zoning officer, seeking reversal of improvements Baglivo made at his property without first obtaining city approval. McLarnon alleges that Baglivo was granted the ability to develop six residential units above commercial space, but without permission of the Planning Board converted them into 12 residential units.
The city wants Baglivo to relocated tenants, allow the city to conduct a full inspection to ensure all construction was completed safely and according to building codes, bring the properties into compliance with zoning regulations, obtain a full Certificate of Occupancy for the six units, vacate an office and return it to the original plan as a mailroom, and relocate tenants on a second floor of an adjoining building and restore it to uninhabitable space.
Baglivo and his attorney have until Jan. 6 to respond to answer the judge’s order in writing, and file opposition of the order by Jan. 13. If he fails to respond, the court could provide the city with relief by default.
The city is represented by Dorothy F. McCrosson of McCrosson and Stanton PC of Ocean City. Municipal attorney John Scott Abbott passed the case onto McCrosson to avoid any appearance of conflict as he is a city resident.
According to the complaint brought by the McCrosson, Baglivo received Planning Board site plan approval to build the multi-use property with six residential units above ground-floor commercial space on Aug. 25, 2022. During a zoning inspection on Nov. 1, 2023, the city discovered Baglivo installed two kitchens in each unit and ordered them to be removed. The property was reinspected on Nov. 21, 2023 and the city noted the extra ovens were removed. On Dec. 11, 2023 the Construction Code Official granted Temporary Certificates of Occupancy. The TCOs were extended on April 18 this year.
To receive a full CO, Baglivo was also required to provide the construction officials with a piling vibration report, flood proofing certificate and evidence of the installation of an elevator. He was also required to pass a final zoning reinspection to confirm compliance with all regulations.
Because the owner refused to allow the city to conduct its final inspection, the TCOs expired on June 17, yet the units are fully occupied without valid COs. A subsequent inspection on July 11 was abruptly ended when Baglivo asked the inspector to leave the premises.
Officials noted that the units were divided into two units with a deadbolt locked door separating them. Each unit had its own kitchen and laundry facilities, and one unit approved for two bedrooms had three bedrooms, the complaint states.
An inspection on Aug. 15 by the city’s Tax Assessor noted the extra units and that an attic area above the ground floor commercial space was fully finished, and that a proposed mailroom had been converted into an office without zoning approvals and a mercantile license.
The lawsuit asked the judge to require Baglivo to allow full inspection of the units, obtain all required permits and licenses, bring all spaces into compliance with the planning board’s Decision and Resolution, reduce the 12 residential units to six, relocate all illegal tenants until COs are issued, remove improvements made to the second floor area of 9712 Ventnor Ave., vacate the office and return it to a mailroom, and pay for all city attorney fees and court costs.
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