ANSELL GRIMM & AARON NEWSLETTER NOVEMBER 2021

Posted on November 1st, 2021

Jennifer Krimko Secures Variance for New Tesla Gallery and Service Facility

Jennifer Krimko, a Shareholder and Co-Chair of the Firm’s Land Use and Zoning Department, recently represented the property owners for the upcoming Tesla automobile gallery and factory-authorized service facility in Eatontown. The project required approval by the Eatontown Zoning Board of Adjustment because car sales are not permitted in the borough’s zoning rules. In addition to the selling and servicing of electric vehicles, the store will provide a free-standing charging station open to the public along the Route 35 corridor.

 

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David Zolotorofe Leads Woodland Park Commercial Real Estate Team in Multiple Transactions

Commercial Real Estate Development Attorney David ZolotorofeDavid Zolotorofe, Managing Partner of the Firm’s Woodland Park office, Melanie Scroble and Jessica Zolotorofe, of the Firm’s Commercial Real Estate Department in Woodland Park, New Jersey, served as counsel to ARCTrust Properties in the leasing and refinancing of the newly renovated Eatontown Plaza Shopping Center in Eatontown, New Jersey tenanted by Target, Best Buy, Total Wine, TJ Maxx, Party City, Chick-fil-A, Wells Fargo and Sleep Number Stores. The refinance loans with Provident Bank were made in conjunction with the construction expansion and renovation of the Shopping Center. Mr. Zolotorofe also served as lead counsel to a subsidiary of  ARCTrust Properties in the leasing and subsequent disposition of the former K-Mart Shopping Center located in Sayville, New York.

 

Joshua Bauchner Talks Cannabis with New Jersey Law Journal

NJ Bankruptcy AttorneyOn Monday, October 18, 2021 Joshua Bauchner, a Shareholder who serves as both Co-Chair of the Litigation Department and head of the Cannabis Law Practice Group, was featured in the New Jersey Law Journal’s weekly Bar Report. The Bar Report spoke with NJSBA Cannabis Law Committee Co-Chairs Joshua  Bauchner and Lisa Gora about the legal landscape surrounding the new state cannabis law and what can be expected in the early days of this new industry. The Report includes a Q&A that touches on the new law’s impact on attorneys, opportunities for New Jersey entrepreneurs, municipal involvement, and current expected timelines. A copy of the Report can be viewed here.

 

 

Michael Benedetto Leads Commercial Real Estate Department in Closing over $250 Million in Multi-State Transactions

NJ Commercial Real Estate AttorneyMichael Benedetto, Managing Shareholder and Co-Chair of the Commercial Real Estate Department, led the real estate team to close over $250 million in multi-state transactions, serving as lead counsel in numerous transactions, including: (i) representing the seller in the sale of property for an approved 400 Unit multifamily development located in central New Jersey with assistance from Jason Klein; (ii) representing the seller in the sale of a seven property self-storage property portfolio to a REIT with assistance from James Sylvester of the Firm’s Corporate, Finance & Banking Department, and Jessica Zolotorofe; (iii) representing the purchaser in the acquisition and simultaneous financing of a 312 unit multi-family apartment complex located in South Carolina, with assistance from Mr. Sylvester; (iv) representing the purchaser in the acquisition and simultaneous financing of a 123 unit multi-family apartment complex located in the State of Florida, with assistant from Mr. Sylvester, as well as Melanie Scroble and Ms. Zolotorofe; (v) representing the seller in the sale of a retail Rite Aid location in the State of Michigan; (vi) representing the seller in the sale of a retail Walgreens location in the State of Tennessee; and (vii) representing various developers in multiple ongoing redevelopment projects throughout New Jersey.

 

Rick Brodsky Secures Planning and Zoning Approvals Across New Jersey

NJ Real Estate Tax Appeal AttorneyRick Brodsky, a Shareholder and Co-Chair of the firm’s Land use and Zoning Department and Real Estate Tax  Appeal Department, recently secured several approvals from Zoning and Planning Boards across New Jersey. The Red Bank Zoning Board approved the significant headquarters expansion for Lunch Break, a not for profit that for nearly 40 years has provided food, clothing, life skills and fellowship to residents of Monmouth County, and of which Mr. Brodsky serves as a member of the Board of Trustees. Mr. Brodsky also secured preliminary and final major site plan approval from the Tinton Falls Planning Board, with use and bulk variances, for the construction of three (3) warehouse/flex space buildings, consisting of 80,000 square feet, on an existing vacant, wooded parcel, together with associated site improvements including outdoor storage, landscaping, lighting, utilities loading and parking spaces, access driveway and storm water management system. Mr. Brodsky also recently secured preliminary and final major subdivision approval, with variances, from the Middletown Planning Board, to subdivide an existing 38 acre parcel into 6 building lots for single family residential homes and one non-buildable lot containing wetlands and sanitary and utility easements.

 

Melanie Scroble Closes Over $50 Million in Transactions Involving Retail CVS Properties and Mavis Tire Retail Stores

NJ Commercial Real Estate AttorneyMelanie Scroble, a Shareholder of the Firm’s Commercial Real Estate Department, with assistance from Jessica Zolotorofe, of the Firm’s Woodland Park office, served as lead counsel in the following matters: (i) representing a borrower in a multi-million-dollar refinance of four CVS retail properties located throughout the State of Virginia with Towne Bank which included the restructuring of the ownership of the borrower from a Delaware Statutory Trust to a limited partnership; (ii) representing a buyer in the purchase of eight CVS retail properties located nationally in California, Georgia, Indiana, and Missouri, which included the acquisition of the membership interest and assumption of the existing mortgage loan and subsequent closings for the defeasance, refinance, and resale of several of the properties; and (iii) representing a buyer and landlord in the purchase and leaseback of four Mavis Tire retail stores located in New Jersey and Pennsylvania with subsequent closings for the mortgage financing with Prudential Bank and OceanFirst Bank. Ms. Scroble and Ms. Zolotorofe also served as lead counsel to the purchaser of a multi-million-dollar acquisition of a residential apartment building located in Union County, New Jersey and related financing with Northfield Bank.

 

Robert Honecker Featured in Film on Impact of 9/11 on Monmouth County

NJ Criminal Defense LawyerRobert Honecker, a Shareholder who specializes in criminal and municipal court defense in the firm’s Ocean office, was recently featured in the documentary Monmouth County, 9/11, and Its Aftermath. The film was produced by the Monmouth County Clerk’s Office, in partnership with the Monmouth County Historical Association with support from Monmouth University, to commemorate the 20th anniversary of the September 11, 2001 terrorist attacks on the United States of America. It incorporates archival records and original interviews with Monmouth County, New Jersey residents impacted by the events of 9/11 to preserve the history of Monmouth County, New Jersey, 9/11, and its aftermath. The documentary can be viewed here.

 

 

 

Jason Klein Handles Closing for Multi-Family Units in Monmouth and Essex County and Multi-Unit Quick Service Restaurants

NJ Commercial Real Estate AttorneyJason Klein, a Shareholder of the Commercial Real Estate Department and Corporate Department, led the real estate team to close over 25 million dollars in multi-family apartment units serving as lead counsel in the following matters: (i) representing a Buyer in the acquisition of two multi-family apartment units in Monmouth County consisting of 96 total units with related financing from OceanFirst Bank; and (ii) representing a Buyer in the acquisition a 28-unit multi-family apartment building in Essex County with related financing from ConnectOne Bank. Mr. Klein also led the corporate department in connection with two multi-unit quick service restaurant transactions serving as lead counsel in the following matters: (i) representing a buyer in the acquisition of three quick service restaurants in the Fredericksburg, Maryland area; and (ii) representing a seller in the acquisition of three quick services restaurants in the Springfield, Pennsylvania area.

 

Zachary Windham Discusses Personal Use Cannabis Rules in the New Jersey Law Journal

On Monday, October 18, 2021, the New Jersey Law Journal published HIGH-lights: A Look at Personal Use Cannabis Rules Adopted by the Cannabis Regulatory Commission. The article, a collaboration between Zachary Windham, of the Firm’s Cannabis Law Practice Group, and Lisa Gora, of Wilentz, Goldman & Spitzer, focuses on the upcoming adult-use application process in light of the initial regulations released by the Cannabis Regulatory Commission. The article discusses who will receive “prioritization” in the application process and the impact of receiving such priority, as well as surmising when and what to expect for application submission window(s) given the limited details on the topic within the Commission’s initial rules. A copy of the article can be found here.

 

 

Seth Rosenstein Represents Clients Whose Vacation Home Was Ravaged by Fire

Seth Rosenstein of AGA’s Woodland Park and White Plains offices, recently represented vacationers whose rented waterfront home caught fire with the clients inside. While the landlord contended that the clients did not properly extinguish the fireplace, Mr. Rosenstein asserted counterclaims and third-party claims upon learning that the outdoor fireplace was not code compliant and missing a grate that would have held embers in the fireplace, as well as the fact that the property did not feature working smoke detectors.  Following a review of the homeowners’ insurance policy for the clients’ parents’ home where they reside, Mr. Rosenstein assisted the clients in successfully obtaining coverage and indemnity.  After extensive efforts, the carrier paid (i) all attorneys’ fees and costs expended, (ii) all expert fees and costs expended, and (iii) for all property lost in the fire.  Together with a settlement as to the counterclaims and third-party claims, Mr. Rosenstein’s clients recovered over six-figures.

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Roy Hibberd Honored as Outstanding Volunteer by Philly VIP

On October 12, 2021 firm member and corporate counsel, Roy Hibberd, was honored by the Philly VIP at their 2021 Awards Night. Along with a number of other attorneys from the greater Philadelphia area, Mr. Hibberd was recognized as an outstanding volunteer and a member of the Pandemic Response Team for his assistance in providing legal services to clients of Philly VIP. More particularly, Mr. Hibberd has provided assistance to various low-income entrepreneurs and not-for-profit organizations with regard to business planning, intellectual property and various commercial business matters since becoming an attorney volunteer with Philly VIP in 2015.x

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Cannabis CLE

On Thursday, October, 28 2021 Joshua Bauchner served as the co-Program Chair for the New Jersey State Bar Association’s Cannabis Law Committee’s seminar to discuss The latest developments in cannabis law, including the Cannabis Regulatory Commission’s initial regulations for the industry. In addition to the personal use cannabis regulations, there will be a panel of township officials to discuss Municipalities and Town Councils, as well as a discussion of corporate and real estate transactions; whether that be the acquisition or disposition of a cannabis operation or the real estate considerations when acquiring real property for, and when leasing to or by, a cannabis operation. For more information and to register for the NJICLE Seminar – Latest Developments In Cannabis Law click here.