Research Notes
36 Cliffside Drive
By Christopher Lotito
By Christopher Lotito
There's a widely held belief by old stalwarts of fine art photography that the photograph should speak for itself and they're certainly correct. They would go so far as to argue that naming a piece, adding a description to a work, or the sort of narrative modern photographers include when posting a photograph online contextualizes the image in a way that prevents the work from speaking for itself or worse, fails to respect the audience's ability to draw their own conclusions.
In the case of 36 Cliffside Drive, I have chosen to include an Artist Statement on the page for the work, as is tradition, and which I hope provides insight into the frame of mind that I was in when I encountered the work and crafted those images. The individual images stand for themselves.
So far as it is of use to critics, academics, and students of photography, I have chosen to make my research notes for this project available on this page, separate from the photographic work. Perhaps a creator faced with the age old question, "where does my passion lie?" will take commiseration, if not inspiration, from my research notes as I attempt to comprehend and document the slow-motion environmental apocalypse that is occurring through the development of some of New Jersey's last green spaces.
The development of the Cliffside Apartments in Cedar Grove, New Jersey, has been a topic of controversy since its inception in 2017. The development, which includes hundreds of affordable housing units, has been approved by the municipal government, despite opposition from the community.
Garrubbo Properties, a real estate development company, is completing the project through a series of shell company LLCs, including 36 Cliffside Drive LLC, all of which list Tricia Obrien aka Patricia Garrubbo as a business officer. Tricia Obrien nee Garrubbo is also an agent for several other shell companies, including MCE 1 LLC. All of these companies list the same mailbox rental business as their address.
According to public records, these companies include Hook Mountain Road 28 LLC, MCE 1 LLC, Clear Sky Leasing LLC, Welsh Lane LLC, and 36 Cliffside Drive LLC, all listed at the same address, 551 Valley Road Suite 346 in Upper Montclair, New Jersey.
Cedar Grove Council Members have advised that the development is being completed to comply with the Mount Laurel I and II court decisions that require municipalities to provide affordable housing. The municipal government has repeatedly stated that their hands are tied by these affordable housing requirements, though nothing in either the law or the court decisions exempts developers from New Jersey's stringent environmental protection statutes.
The environmental impact of the building site is a concern for many residents. The site is a registered NJDEP remediation site with a monitoring well on site. Additionally, Garrubbo has already clearcut a mature forest of over 800 trees along the scenic West Essex Trail, a popular local hiking trail. This has caused outrage among local residents and environmental groups, who fear the destruction of natural habitats and loss of biodiversity.
As the construction of the Cliffside Apartments progresses, it will be important to closely monitor the environmental impact of the development and the actions of Garrubbo Properties. The community will need to remain vigilant to ensure that the developers comply with all applicable regulations and take steps to minimize their impact on the local environment.
It is noteworthy that Garrubbo Properties has outsized control and influence in Cedar Grove. The company has developed several other properties in the area, including Zephyr Ridge, a 24-unit luxury apartment complex that was sold to Alfred Sanzari Enterprises through a 1031 exchange. Alfred Sanzari Enterprises is heavily associated with Cushman & Wakefield.
The tax implications of a 1031 exchange could be relevant in this situation. A 1031 exchange allows investors to defer paying capital gains tax on the sale of a property if they reinvest the proceeds into another property. The use of a 1031 exchange by Garrubbo Properties and its associates could raise questions about the true value of the properties involved in the exchange and potential tax improprieties.
In addition to tax concerns, there may be questions about the environmental impact of Zephyr Ridge and other developments completed by Garrubbo Properties in the area. The construction and operation of luxury properties can have significant environmental consequences, including increased energy consumption and carbon emissions.
Overall, the development of the Cliffside Apartments and other properties in Cedar Grove by Garrubbo Properties raises important questions about affordable housing, environmental impact, and potential legal and tax improprieties. It will be important for residents and regulators to closely monitor these developments and ensure that they are in compliance with all applicable laws and regulations. The extensive use of LLCs, multiple names on legal filings, and the threat of a Builder's Remedy lawsuit in regards to Mount Laurel I and II make both monitoring and challenging unethical or illegal acts by Garrubbo Properties a difficult task at best, particularly by residents who are unlikely to be well versed in the public records system and the courts.