Officials Ask Residents To Voice Opposition To Birchwood Ordinance

Residents who oppose any type of construction on are being asked to be at tonight's Township Committee to provide input and opposition during a public hearing that will take place prior to the approval of a court-ordered ordinance.

Based upon its interpretation of prior New Jersey Supreme Court decisions, the Superior Court in Elizabeth has ruled that the township of Cranford has not provided "realistic opportunities" to build affordable housing, which is grounded in the New Jersey State Constitution. The court issued an Order on Dec. 9, 2011, which requires the township to amend its master plan and zoning ordinance to allow construction of a 360 unit apartment complex with 54 affordable rental units at 215-235 Birchwood Ave.
 
As a result, the Cranford Township Committee introduced an ordinance, under protest, on April 24 which changes local zoning rules to create a new zone that permits the construction of the apartment complex at 215-235 Birchwood Avenue. The public hearing on the ordinance is scheduled for tonight at 8 p.m.
 
While the Township Committee has publically stated on a number of occasions that it will continue to fight this development in the courts and in Trenton, the township has no choice but to adopt the new zoning ordinance so that the Township’s legal battle can continue and the township can appeal the trial court’s decision, according to Township Attorney Phil Morin. In fact, the township’s failure to act on the ordinance could result in sanctions against the Township, including the imposition of civil penalties for purposely disregarding a court order.
 
The Township Committee is encouraging citizens to participate in the public hearing to voice their opposition to this project so that a public record continues to be made of the widespread opposition of Cranford residents and the unsuitability of the property for high density development both from a practical perspective as well as due to the significant environmental constraints of the property and surrounding area.

Comments during the public hearing must be reasonably related to the opposition to the court’s order requiring the passage of the amendment to the township’s zoning ordinance.

Additionally, the Township Committee encourages residents to use the general public comment portion of the meeting as a forum to further voice their general opposition to this project and encourage the Township Committee to keep fighting this development both in the courts and at the New Jersey Department of Environmental Protection, where the builder has applied for permits which include permission to build in what NJDEP's own rules define as a "flood hazard
area."

"The Cranford Township Committee is firm in its opposition to this court mandated development project and wants to continue to demonstrate to those that are in anyway involved in this project that the township and its citizens stand united in our opposition," Morin said.

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