Fate of Birchwood Avenue Rests with Judge

As the lone vote against a to be built at 555 South Avenue, Mayor Dan Aschenbach's new position as leader of a majority on the Township Committee suggests that Cranford may not settle when a judge rules on the township's other affordable housing lawsuit: a proposed 419 rental units on a quiet corner of Birchwood Avenue.

“The only ruling acceptable to Cranford is a rejection outright of this proposed overdevelopment in a flood zone near one of the state's top elementary schools,” Aschenbach said over the weekend. “Casino Brook floods, and building anything more in area will cause the problem only to get worse.

“If there is an adverse ruling, it will be appealed as high up in the judicial system as it can be,” he added.

The Paramus-based S. Hekemian Group bought the property in October 2008 and proposed 356 market rate units and 63 units of low- and moderate-income housing. claiming that Cranford is in violation of its constitutional duty to create sufficient opportunity for the construction of low- and moderate-income housing.

One year ago, a special master appointed to study the case and present findings to the judge released a report stating that the project should go forward. said that she did not give much weight to residents' concerns about traffic and density, given the township's constitutional obligation to provide affordable housing to its residents.

The case now sits before a judge, and Aschenbach says he does not know when a ruling is expected.

In the meantime, he said he plans to revisit .

“While the 2010 Township Committee on behalf of Cranford settled with the court on 555, I have not and I believe the community has not,” Aschenbach said. “I will not sit by idle and watch the court permit a hedge fund to dictate Cranford's zoning standards.”

“I cannot at this point set out for you the legal steps but the first step was the non-appointment of the law firm that got Cranford in the 555 mess of first failing to negotiate at the outset a project and then settling for overdevelopment,” he added.

Another step was the appointment of a bipartisan Affordable Housing Task Force at the township's. Aschenbach has charged the committee with recommending a proactive approach to ensure Cranford moves forward with other affordable housing opportunities that meet community needs and to ensure that the township's concerns are represented with state legislators.

Serving on this committee will be Ann Darby, Phil Morin, Lynda Feder, Lou Koehler, Bill Montani, Kevin Campbell and Kevin Illing.

The 555 South Avenue lawsuit settlement was approved by a 4-1 vote of the Township Commmittee. In voting to approve the settlement, then Mayor Mark Smith said that if the township did not settle, it could face more legal fees and the ruling might require Cranford to allow the developer to place even more units on the site.

known as the Mt. Laurel decisions and the state's Fair Housing Act of 1985, which created the Council on Affordable Housing. Municipalities have the option of seeking certification with COAH by filing a plan that outlines their obligations and how those obligations will be met.

Municipalities that do not file such a Housing Element and Fair Share Plan leave themselves open to "builder's remedy" lawsuits. Cranford however submitted its plan after it was named a defendant in the 555 South Avenue and Birchwood Avenue suits.