About 5 years ago, people who watch over zoning and planning in Hackensack were outraged that two 2-family houses were approved on 37.5 foot wide lots. It replaced a long-vacant 75-foot wide lot on the south side of Berry Street, about 100 or 150 feet west of Railroad Ave. The standard is 50 feet, and those applying for variances to build on 45 or 48 feet were regularly denied for years. Over the years, applications for single-family houses on narrow lots were so heavily discouraged by city officials that most did not even make it onto the Zoning Board docket. Certainly there was never a formal application to build on anything under 40 feet, even for a single-family house. But this application to build on 37.5 foot wide lots made it on the agenda, and it was approved over very heavy objections from the neighborhood.
These were the narrowest lots approved for contruction in the city in over 50 years. Observers felt at the time that people who were really connected in town must be making money on it, and that is why the Zoning Board approved the variances. But the details are only now emerging.
The attorney representing the builder (Mr. Mento) at the Zoning Board hearing was Joseph Zisa, who is now city attorney. Zisa himself regularly discouraged any of his clients from building on substandard lots, but not this time.
Now we see in today's Record that allegations have surfaced about these houses involving Ken Zisa, our Chief of Police. It is alleged that Ken Zisa was personally involved in this deal. Rather than state anything online that could get me sued, why don't I just post the article ? Here it is:
3 HACKENSACK COPS PLAN TO SUE CHIEF
Friday, May 29, 2009
BY MONSY ALVARADO
NorthJersey.com
STAFF WRITER
HACKENSACK — Three police officers have notified the city of their intent to file lawsuits alleging Chief Ken Zisa abused his power by retaliating against them for their political affiliations and not contributing enough to his election campaign.
One officer, who has been in business with the chief, also alleges in a letter attached to his notice of tort claim that he did construction and repair work, including building decks, a hot tub and framing a basement for Zisa and his brother, Deputy Chief Frank Zisa, without getting paid.
The notices, received by the city on May 12, were sent by Officers Anthony Ferraioli, Aldrin Lamboy and Scott Sybel.
Zisa said Thursday that because of potential litigation he could not comment on the specifics listed in the notices. "The allegations contained in these letters are false, and that eventually will be borne out by whatever litigation ensues with this," he said.
Sybel, who has owned property in Hackensack and Paterson with Zisa, alleges that the chief subjected him to harassment and inappropriate comments and requests. Sybel, who said he did construction work for Zisa, is seeking damages of more than $300,000. "Chief Zisa abused his official position and powers to cause Officer Sybell [sic] to perform extensive labor and services for Chief Zisa's personal enrichment," reads the claim.
Furthermore, Sybel claims, he was reassigned from the Narcotics Division last year to a walking post for only donating $75 to Zisa's state Assembly race.
Ferraioli and Lamboy claim that because they did not vote for the candidate Zisa supported in last year's Police Benevolent Association election, Zisa retaliated by demoting and reassigning them to walking posts.
Sybel and Ferraioli could not be reached for comment Thursday. Lamboy referred all questions to his attorney, John J. Didziunasa of Jersey City, who did not return calls. Didziunasa is also representing Ferraioli and Sybel.
City Manager Stephen LoIacono declined comment. He said the City Council will likely discuss the letters at its next regular meeting. City Attorney Joseph Zisa, the chief's cousin, also declined comment on Ferraioli and Lamboy's letters. He said Sybel's allegations shouldn't involve the city. "His claims against the chief are all his business dealings privately with the chief … and why they are even noticing the city on this makes no sense to me," Joseph Zisa said.
"If he feels like he didn't get treated properly by his other partners, which is frequently allegations between partnerships, then he should access the courts like everybody else does instead of trying to make it a public forum," he added.
In his letter, Sybel, who has been a city police officer since 1992, lists eight times he did construction work for Zisa or his brother dating back to 1996. The work included building a deck and a hot tub at the chief's house in the summer of 2000, installing molding in his dining room in November 2004, and fixing a leaky roof for the deputy chief in 2007, according to the letter.
Sybel says he also did work at the former Dog House Grill Restaurant building on River Street, which is partly owned by Zisa.
Sybel also claims that in early 2003, he, along with his brother and another business partner were approached by Arthur Mento, a retired city police officer, about building a house on Berry Street. Mento would supply the construction materials, while Sybel and the others would do the construction, according to the letter.
Sybel claims when construction was complete they had agreed to sell the house, with Mento receiving the money he invested, and the others splitting the rest, the letter states.
Later that year, Sybel claims, Mento told him that the chief wanted in on the deal.
"Artie further said that if I said no or opposed your demands, my career would be finished and that I would be out of narcotics and back to patrol," Sybel writes in the letter. "We had no choice. We had to let you in." Mento declined to comment.
Property records show that Mento bought the Berry Street property for $64,000 in July 2002, and that Zisa, Sybel, his brother and another business partner, John Schianchi, bought into the property in March 2004. They sold the property later that year for $435,000, property records show. Sybel said he received $18,000 after the sale.
"I objected to this and told you that I felt robbed," the letter addressed to Zisa says.
Joseph Zisa, the city attorney, represented Zisa, Mento, Schianchi and the Sybels when they sold the Berry Street property. He said that after the sale, $317,000 went to pay the mortgage still left on the property. He said that after closing costs and other fees were paid, the men received $91,800. A portion of that money went toward legal fees, he said.
That same year, the five men registered with the state a company, Cranberry Associates LLC, which bought several lots in Paterson, according to property records. The company built three houses on a portion of the property and sold them last year. But Sybel claims, in the letter, that he did not receive any money from the sales.
Zisa, the attorney, said he represented Cranberry Associates in some of the closings but could not remember how many. He said he didn't know how the profits were split.
"What the partners do with their money, they do with their money," he said.
E-mail: alvarado@northjersey.com