WESTFIELD
LEADER
OCTOBER 18,
2012By DELL SIMEONE Specially Written for The Westfield Leader
CRANFORD – Township Attorney Philip Morin told the Cranford Township
Committee Tuesday night that he received a copy of a letter from
state Superior Court Judge Lisa F. Chystal, which was written by
Stephen Eisendorfer, the attorney for Cranford Development Associates (CDA),
the company which seeks to develop 215/235 Birchwood Avenue for a
360-unit apartment complex, 60 of which would be affordable units.
CDA had sued the township via a Builder’s Remedy Lawsuit,
and in December of 2011, Judge Chrystal decided in favor of the
developer. Cranford was vulnerable because it has not met its fair
share housing obligations as set forth by the state’s Mount Laurel
agreement.
The letter sent by Mr. Eisendorfer to Judge Chrystal
proposed an order of final judgment, and confirms that the township
has complied with the court mandate to amend its Master Plan and
adopt an ordinance allowing the CDA to develop the Birchwood
property. This step had to be taken before the township could appeal
the court’s decision. Mr. Morin said the basis of the appeal is to
question all aspects of the trial court’s decision. (click here for letter)
“We’re confident the court can now say that Cranford is in
compliance with its obligation with regard to affordable housing, and
if so, the township will then be protected from exclusionary zoning
litigation for 10 years,” Mr. Morin said. “We welcome the final
judgment and the opportunity to pursue our legal arguments in
relation to the trial court decision. The site plan hearing on the
Birchwood property was conducted, not in Cranford, [not] by its
planning board, but in Superior Court in Elizabeth in August as ordered
by Judge Chrystal.”
Judge Chrystal is still awaiting the recommendations
of Judge Douglass Wolfson, the hearing examiner, and from Elizabeth McKenzie,
the special master.
In other business, the township committee adopted an
ordinance increasing certain swim pool utility fees. Under the new
ordinance, the price for all levels of swim lessons at the summer
pool at Orange Avenue and at Centennial Avenue will be a member fee
of $80 for nine swimming lessons and a non-member fee of $85 for
seven lessons. At the winter pool on Centennial Avenue, the member
fee will be $70 for seven lessons and the non-member fee will be $85
for seven lessons.
The committee also adopted an ordinance designating the
portion of Walnut Avenue from North Avenue to Lexington Avenue a 25
mph zone.
The committee also passed an ordinance on first reading,
which would amend the Cranford Municipal Code relating to the
historic preservation advisory board and procedure relating to
designation of landmarks and districts. The purpose, as stated by the
ordinance, is to preserve the historical, cultural, architectural and
social heritage of the township. A hearing and final adoption of this
ordinance will be held at a future meeting.