Marshall Koplitz walking to his car after court appearance. “No comment, no comment, no comment.”
Story and photos by Charles Layton
After years of ignoring neighbors’ complaints and defying citations by Neptune Code Enforcement, years of bitter haggling with Township officials and months of delays in the face of a court order, Marshall Koplitz signed an agreement on Thursday that commits him to restore the Park View Inn as a hotel with kitchen and banquet facilities.
In exchange, the Township agreed to settle outstanding legal issues regarding the Park View, including complaints and fines.
The Park View, at 23 Sea View Avenue in Ocean Grove, is owned by Koplitz and his brother Elliott Koplitz under the corporate name 23 Seaview Holdings, LLC, based in Englewood Cliffs, NJ.
The consent order, approved by Municipal Court Judge Robin Wernik, requires the owners to undertake the building’s renovation in five phases. Failure to comply at any point would trigger a fine of at least $35,000.
Phase one is to prepare architectural plans for a hotel with 31 guest rooms, a commercial kitchen and a dining room/banquet hall. These must be submitted to the Township zoning officer and to the Historic Preservation Commission for approval. Applying for bank financing is also required as part of this phase.
Phase two requires an application, complete with plans, to the Township Construction Department.
Phases three and four deal with satisfying various legal conditions, submission of mechanical drawings and the commencement of construction.
Phase five sets time limits for completion of the work. It requires the owners to obtain a certificate of occupancy within 12 to 18 months after the issuance of construction permits.
Bill Doolittle, Neptune’s director of code and enforcement, said the agreement is “effective today,” meaning Thursday. He said the court will affix its official stamp on Monday and the order will then be submitted to the county.
The Township’s struggle to force Koplitz to maintain the Park View in accordance with the law dates at least as far back as 2007, when the Township first took him to court over code violations. Neighbors signed a petition in June of last year urging that something be done; the petition stated that the Park View appeared to have been abandoned “for the past six years” and was in such poor condition that it could “become a fire problem.”
On March 24 of this year, Judge Wernik ordered Marshall Koplitz to reach an agreement with the Township over the long list of outstanding code violations. Negotiations dragged on interminably, punctuated by defiant and profane outbursts from Koplitz.
However, following their appearance in court on Thursday and the signing of the consent order, Koplitz and his attorney, Michelle Lamar, were seen laughing and conversing amicably with Doolittle and Township Attorney Gene Anthony in the corridor outside the courtroom.
Koplitz accompanied Lamar to her car in the parking lot, held a brief conversation there and then began walking across the lot to his own car. When I sought to interview him, Koplitz turned his head and walked determinedly away, repeating the words “no comment” like a chant.
One issue not addressed in the consent order is the matter of unpaid taxes. The Township’s tax office told me this week that the Park View carries a lien of more than $63,000 due to unpaid taxes. Anthony said today that the restoration required by the consent order “provides for private financing which may allow [Koplitz] to pay off the taxes.”
Another unsettled question, of course, is how difficult it might be for Koplitz to obtain such financing. If he cannot, then it is hard to see how the terms of the agreement could be met.
The Park View has been dilapidated for years. But if Thursday’s consent order is followed in all its details, it could be restored. Photo by Charles Layton
HUGE thanks are in order to Gene Anthony, Bill Doolittle, the HPC and every single resident who supported the Township in its efforts to get this building on its way to being rehabilitated (at least on paper). Now we watch, and we wait.
The precedent has now been set in Ocean Grove. The Township nor its residents will allow this type of behavior to occur without consequence.
Pat yourselves on your backs, folks, you’ve made some New Jersey historic-district history!
And we’ll still be watching the Parkview…
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Just to be sure I read this twice and did not see a single dollar of fine assessed for not complying with code violations cited by the Township since 2007. No wonder Koplitz and atty. were laughing. What an accommodating Municipal Court we have. And Charles Layton’s observation that getting financing could be yet another excuse to delay (or never) fulfill the terms of the “agreement” is typical of Koplitz’s settlements.. BTW I still will take the side of the bet that Koplitz slides free again.
ken
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I’ll believe it when I see it………..
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The headline writing has gotten ahead of this story’s ending. A WIN???
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My comment is the same as Jane’s. Fines, which to Mr Koplitz and his ilk don’t seem to mean too much, will not get this job done. Let’s keep a close watch for phase one. What happens with the taxes?
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I agree with the above; we need to watch all this very closely, step by step.
If K. doesn’t get bank financing, for whatever reason, then at some point, presumably, he’d be subject to at least a $35,000 fine. However, he already owes much more than that in unpaid taxes, fines and God knows what else, which the Township has not been able to collect. So how would it go about collecting the fines from his defaulting on this agreement?
That’s one point. Another is this:
The order’s language for Phase One says K. must submit an application with floor plans and other documents within two months plus an application to the HPC — all within two months of the court’s approval of this agreement — September 28? It also says K. must “initiate application for bank financing” prior to filing applications for zoning permit and HPC approvals. I can’t find any specific deadline for when he must RECEIVE bank financing, as opposed to initiating it.
The Phase Three language does say this: “Defendants anticipate receiving bank financing to be able to close upon the issuance of Construction Permits,” but again the wording seems pretty vague as to exactly when he’s OBLIGATED to have received financing.
In the days to come, someone in the Township needs to explain to us, with more exactitude, about the deadlines. I wonder if I don’t smell a loophole or two somewhere in here. Pretty embarrassing if that turned out to be so.
Wouldn’t it be nice if the Township posted this consent order, in full, on its website so we could all examine it and keep track.
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Mary Beth, why can’t the township collect the $63k he owes in past taxes? I know there is a lien on the property but that doesn’t get satisfied until he sells, correct? Is there no process available to get him to pay the taxes on this property? Also, what about the taxes on the other Koplitz properties? Are they up to date or do the brothers just ignore the law?
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Ken is right.
He hasn’t paid a dime of what he owes.
I will not hold my breath until anything in reality happens.
Koplitz knows how to play the game.
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Hi Waterseller –
We’ve already sold the tax liens on the property, so the Township got paid for that. Koplitz has to pay whoever bought them plus the interest, which is like 15%.
As for not having collected any fine money so far, we made a conscious decision to forego the small Code violation fines so we could build in the larger fines in the court settlement. As for bank financing, this guy and his family own properties all over the state they can use as collateral, not including the Park View itself. In order for him to install the fire detection and suppression system, the electrical and the plumbing, he’s going to need cash, so you can tie his pulling of the permits to his receiving financing from whomever he gets a mortgage. Since this is a commercial property, there are different opportunities for funding than for a residence. This guy got mortgages on the Sampler when it wasn’t even open. Even in its gutted condition, it still is lakefront property three blocks from the beach.
It is a win because we have locked him into a timetable for making these renovations and imposing stiff fines for not meeting them. Since this settlement has to receive Superior Court approval in Freehold, Judge Wernik has a lot of leeway in dealing with missed deadlines or failure to perform work. Of course, there are the fines, which if he can’t or won’t pay, she can choose to incarcerate him, and she can also find him in contempt of court and impose additional fines and/or jail him. He is no longer in a position to simply ignore his responsibilities to this building and community. Now his personal wealth, as the principal partner in the LLC, and his freedom are at stake. It is also a win because the Township insisted on rebuilding the interior of the Parkview as it was originally built and not allowing a restaurant/banquet hall in the Parkview. The Township did not give in to any of Koplitz’s requests for changes to the floor plan of the building that could easily been used for purposes that would allow this building to become a rooming house or college dorm other than a hotel.
The worst case scenario is for his LLC that bought the Parkview to declare bankruptcy, and even if that happened, the Township has a priority claim in bankruptcy court and would ask the bankruptcy judge to assign a trustee to keep the work going as the bankruptcy case is adjudicated, just like we did with the Solomon Dwek cases.
I think public sentiment (including everyone who has been dealing with this for four years at the Township) was to see him fined a gazillion dollars, have the building renovated inside and out in a month, and then see him tossed into jail for the same amount of time that he’s made life miserable for the neighbors of the Parkview. That’s our anger and emotion speaking. However, the scope and breadth of the interior and exterior renovations are not something that can be fixed that quickly, and whether we feel he deserves them or not, he still does have rights as a property owner, and violating those rights gives him the upper hand and not the Township.
I will check with Gene Anthony to see if the executed settlement can be posted on the website (I’m not sure if there are any privacy issues involved), and if it can be posted, we’ll get it up there.
This was an extremely complicated and detailed court-ordered agreement that took many, many hours of research and meetings between Gene and the Township and Gene and Koplitz’s attorney. All eyes will be on the Parkview and the court-approved plan with the timelines. Is it the instant gratification that many who are so weary of having to live near this eyesore and are tired of Koplitz seemingly flouting the law on a consistent basis? No, because short of demolition, there is no quick fix. However, it is a strong, realistic plan to get this building rehabbed properly and in a timely fashion. No one wants this building to be demolished like the Sampler.
When I get my finalized copy of the agreement next week, I’m going to put the Parkview rehab start and end dates into my Blackberry calendar so I can have Bill Doolitle over there on the appropriate dates and times to make sure they’re on schedule.
Regards,
Mary Beth
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Agree, he’s not selling any time soon so it appears that the tax issue will not only remain but continue to accrue. If he’s rebuilding then he’s not selling. So-does that mean he has a permanent lien? Liens seem to be useless with regard to this property and others like it. Aren’t the liens salable so that the twp can recover some of the money it is spending in order to keep Mr. Koplitz and all others involved in this mess appearing in court. What happens to other folks when their taxes are not paid? Trying to save this building is a large part of this issue, otherwise the twp could force this Corp. into bankrupcy and collect their money! Unfortunately,the bldg would be lost to demolition if not fire. Seems to me that we might need stronger enforcement. Bank financing for a guy like this should be a piece of cake. He surely has a relationship with some lending institution, given all the properties he’s involved in. This is his business! Financing should not even be a question. It does,however help in the scheme of things, in the “buying” (free) time dept.
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Mary Beth, thanks for the reply and all the hard work the Neptune people did. Could you explain to me the tax lien situation as to the Koplitz properties. Neptune sold the $63k tax bill but I’ll wager that Koplitz is still not paying his taxes. Do you have to sell another lien to cover further outstanding taxes or are they tacked on to the existing lien? I know that Koplitz has strong property rights, but there must be a solution for someone who totally disregards the laws that the rest of us comply with.
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To answer the question about liens for unpaid taxes, if you do not pay back the owner of your tax lien within three years in the state of New Jersey, the lienholder has the right to foreclose upon and take possession of your property. If he continues to not pay his taxes, we will continue to sell his tax liens. They are not all sold to the same person — multiple parties may hold liens against the same property, and then, when they are not satisfied, they have to sit down with their attorneys and work out what they are going to do with their interests in the property. Even with this building in its current condition, it is still prime property and attractive to investors, especially if they want to “tag on” to the proposed North End redevelopment project.
The Koplitzes have invested a lot of money into legal fees for this court fight. They have one property that is operating on the Pathway and they are looking to do something with the land upon which the Sampler sat. (Nothing will come of that until the outstanding tax and demolition liens are satisfied upon that parcel – a sum of about $160,000.) It seems that they are beginning to see that they cannot simply ignore code standards, violations, fines, taxes and liens without seriously impacting their wallets. Whatever tricks and tactics they may have used in Long Branch and Asbury Park are not working for them in Neptune, and they may be slowly coming to the realization that they must do business in a responsible manner if they are going to conduct business at all in Ocean Grove. Time tells all stories – it will certainly tell this one.
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If, in fact, the lien has been sold (which I do recall reading here a while back) The Twp. has their tax money up until at least the date of the sale. I would expect that no forward movement could be made without settling with the said owner (whoever that might be). This is soooo convoluted. All of this expense to the taxpayers, and time just to save that bldg. Seems crazy, no?
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You can look at it that way, Appleation. One of the reasons that the Township decided to pick this fight was because of the number of properties that the Koplitzes owned in Ocean Grove and the decrepit nature of almost all of them. No, we won’t generate revenue from this action, but we knew that going into it. These actions are not only preserving health and safety, but also the national historic district status. If this were anywhere else in Neptune, we probably would have moved to demolish long ago.
This is also about not letting a few bad apples spoil the barrel that is Ocean Grove. We have had several owners of uninhabitable eyesores into court this year. Residents and owners who spend a lot of money and time keeping their properties up to snuff and, in many cases, creating true showpieces, deserve to have someone stick up for them and protect their investments.
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23 Seaview Avenue Associates tried to get a permit for a commercial kitchen in The Park View Inn and were denied because Neptune Township contended it was not zoned for that. That was in 2000. Now they are requiring in a court settlement that a kitchen has to be installed. If the zoning has not changed, how can they do that ? A variance would be necessary. Something that 23 Seaview Avenue Associates could not resolve. If indeed Neptune wins, did they do it at the expense of 23 Seaview Avenue Associates who actually tried to put in that kitchen. One wonders if there is a statute of limitations on zoning disputes
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Re the above, part of the agreement on Phase One says the owners have to submit a zoning permit to the zoning department. If the property is not zoned for a commercial kitchen, I imagine the zoning department would refer them to the Zoning Board for a variance — which might or might not be granted.
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To Mary Beth’s statement regarding the health and safety issues as well as the preservation of the historic designation, and the protection of investment by the homeowners. It seems that the rules continue to change to satisfy any particular issue. (see anonymous re:kitchen.) Neptune Twp. zoning aims don’t appear to be quite in line with those that you describe for OG. How did a 4-story building with no historic value and an encroachment on the “flare” and 9 condos with no additional parking get passed on little skinny Surf Ave? That “rebuild” (which is not within it’s original footprint) in fact turned into a greater disaster than it’s original derelict “house/hotel.” Maybe it should have been demolished in the first place. But, the twp will now receive taxes for 9 condos. This kind of protection for OG was not the best. The safety issue is not being addressed as long as the building remains untouched. Once again, it’s preservation vs. the safety.
To Charles: Variances take TIME.
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Regarding the request for a variance for a commercial kitchen at this property, the denial of this zoning application is what led Koplitz to blow up and suggest that the Township perform a sex act upon ourselves. Bed-and-breakfast hotels are not meant to have large commercial kitchens, as they are supposed to serve one meal a day. The agreement that was signed on Thursday by Koplitz and the Township requires a standard B&B kitchen in the same size (2,300 square feet) and in the same footprint as the original Park View kitchen.
This is not the first time, by the way, that we have dealt with the restaurant-vs-B&B kitchen fight with Koplitz. He installed a full commercial kitchen and was running a full-service restaurant in his Ocean Pathway B&B earlier this year. We had quite the tussle over that one, and are still monitoring that situation.
When the historic zoning designations were created, at the time Ocean Grove became a national historic district, we followed the national guidelines as to how to zone properties based on their uses. Many, if not all, of the late, great large Ocean Grove hotels had dining rooms, cafeterias and restaurants. Many, if not all, of the smaller hotels served a hot or continental breakfast only.
Restaurants in historic buildings also require different fire alarm and suppression systems, means of getting supplies in and disposing of garbage. The latter two can be very difficult to handle, especially in the midst of a residential neighborhood.
As for the Surf Avenue comments, members of the governing body can get into a lot of trouble if they are seen as interfering with the deliberations and/or decisions of the Zoning Board, which is an independent, quasi-judicial entity. It’s necessary for me to keep my opinion on that project to myself.
But as for 23 Seaview Associates, the current owners received exactly the same response as they did regarding the kitchen at the Park View, so I doubt they would have a case against the Township.
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What ????
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It is my recollection that the “anonymous re: kitchen” issue was a a bit more complicated than has been stated in Blogfinger; a kitchen being built in a new location without permits being just one item.
What a property owner is legally permitted to do is, at times, determined by pre-existing conditions: such as encroaching into the Flare and new requirements to comply with building and fire codes. Also legally converting a hotel to a lesser density use such as to condos does not require the property owner to provide parking.
In our free market economy selling a condo is a transaction between buyer and seller regardless of how neighbors may feel about more cars on the street. (Of course a condo without a parking space will find a limited market and sell for less, which could be a good deal for a retiree with a bicycle.)
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Waterseller, basically, the previous owners of the building were denied a larger, more commercial kitchen and so was Koplitz. No one received preferential treatment when it comes to the kitchen in the Parkview; both the former and the current owner were denied a larger kitchen for the same reasons (basically, that they were not a restaurant but a B&B).
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