Mayor Seeks 'Public Health Emergency' Declaration

Prior to Tuesday's Township Committe meeting, Mayor Dan Aschenbach said he requested that a public health emergency be decalred in order to demand that debris be removed from drains and outlets near the Birchwood Avenue property.

"I asked prior to the meeting last night that a public health emergency be declared to demand debris be secured, since this is a flood way," Aschenbach said.

The mayor said all storm drains and outlets must be cleared by the Hekemian Group, which owns the Birchwood property. If they do not clean the drains, the Department of Public Works will clear the debris, but the township will "lien property owners for the cost."

In addition, officials will give residents an opportunity to use municipal resources to fight the proposed development on Birchwood Avenue though the formation of a new committee.

"We will form a Stop Birchwood Now Committee for citizens to be able to use municipal resources to fight the project. I am asking this be a bipartisan committee," said Aschenbach, who is running for re-election to the Township Committee in next month's election.

He will also be requesting a meeting with Gov. Chris Christie to provide him with the electronic petition that residents have signed opposing the project. Andis Kalnins and Lisa Adubato Nesi - who are running against Aschenbach and his running mate Thomas Hannen Jr., - also circulated a . Theirs, however, opposed builders remedy lawsuits, such as the one the township is fighting over the Birchwood Avenue property. 

The mayor said he will wait until after the November election to meet with the governor, in order to "ensure this is viewed as being from our citizens" not candidates. Resients can still sign the petition at cranford.com.

Aschenbach said the township will also evaluate its legal strategy, including whether or not to continue using outside legal counsel to fight the development. Officials are taking steps to appeal Superior Court Judge Lisa F. Chrystal's recent to allow 360 apartment units to be built on a flood-prone section of Birchwood Avenue. The case is the result of a that was filed by the developers of the Birchwood Avenue property. In the simplest terms, a builder’s remedy lawsuit is legal action taken by a property owner in order to try and force a municipality to allow the construction of a large, multi-unit apartment building or complex. Such is the case in Cranford.

"I am asking Dan McCarthy, our township attorney, to provide his recommendation," Aschenbach said. "We want to ensure we have the strongest representation as we go into the next phase of the legal opposition."

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