MARGATE – Superior Court Judge J. Christopher Gibson today issued his decision in the city’s legal suit against developer Steven B. Baglivo who the city contended built twice as many housing units as the Planning Board approved. The judge granted summary judgement in favor of Margate for the property known as Margate Gardens, a mixed use residential/commercial project at 9810 Ventnor Ave.
“The court has issued its ruling in this matter and we are very pleased with the decision,” Margate Administrator Patrick Moran said in a press release issued late Wednesday afternoon. “While the process has taken time, the facts and merits presented by the city ultimately prevailed.”
Moran said the city would continue to work toward resolving the issues that remain.
Gibson denied Baglivo’s cross-motion, which alleged discrimination, selective enforcement and civil rights violations by the city.
The project included building six, two-bedroom, two-bath housing units with laundry facilities above five ground-floor commercial units, that now house a liquor store.
The court found that Baglivo violated the Planning Board’s resolution approved in 2022 by creating 12 residential units where only six were approved. He also found Baglivo failed to dedicate two parking spaces for each housing unit and deviated from the site plan for the parking lot.
Baglivo was ordered to abate the unlawful residential density and reduce the number of units to no more than the six that were approved. He has the option to appeal to the Planning board for a D variance and all approvals necessary to maintain the 12 units.
Baglivo must also dedicate two parking spaces for each of the six units and reconfigure the parking lot to conform with the previously approved site plan.
The decision ends a nearly four-year battle that pitted the developer against Zoning Officer Roger McLarnon and staff at the Building Department.
Dorothy F. McCrosson of McCrosson and Stanton PC of Ocean City represented the city, and Baglivo was represented by Louis M. Barbone of Jacobs & Barbone PA of Atlantic City.
Margate v. Baglivo Summary Judgement.pdf
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