7/30/2019 Court Denies Township's Motion for Reconsideration on Birchwood, 1-27-12

http://slidepdf.com/reader/full/court-denies-townships-motion-for-reconsideration-on-birchwood-1-27-12 1/2

Court Denies Township's Motion for Reconsideration on Birchwood;

Cranford Will Appeal

Published: Friday, January 27, 2012, 4:39 PM Updated: Friday, January 27, 2012, 4:46 PM

By Barbara Rybolt / Independent Press

Superior Court Judge Lisa F. Chrystal issued her ruling late Thursdayafternoon as to the Township of Cranford ‘s Motion for Reconsiderationor Rehearing and Cranford Development Associates LLC’s Motion in Aidof Litigant’s Rights regarding the issuance of Township’s SoilConservation Permit.

After a lengthy recitation of the facts and legal arguments advanced by

both parties, Judge Chrystal denied the Township’s Motion forReconsideration or Rehearing finding, among other things, that the

additional information did not rise to the level to meet the standard forrequiring reconsideration or rehearing and that the environmental

issues were more appropriately addressed as part of the New JerseyDepartment of Environmental Protection’s permitting process. 

Judge Chrystal also ordered that to the extent any future permits thatthe township must issue are delayed beyond any statutory or local

ordinance deadline for review and issuance of permits, that the partiesmay apply to the Special Hearing Master, Douglas Wolfson, for his

consideration as to the reason for the delay. The Special HearingMaster’s determinations are subject to appeal to the trial court.

 “We are disappointed by the Judge’s ruling,” Mayor David Robinsonsaid. “One of the reasons for filing the motion for reconsideration wasto have the Court consider the devastating results of Hurricane Irene,

which occurred after the Judge’ initial decision in this case.”  

 “We are in the process of revising the zoning for the property toconform with the Court’s Dec. 9, 2011 order and will adopt thosechanges,” Mayor Robinson continued. “Following the Court’sacknowledgement of the zoning changes and the entry of a final orderby Judge Chrystal, the township will be able to file its appeal.”  

A written transcript of the Court’s decision was not immediately madeavailable by the Court. The decision will be posted at the Township’s

website once received.

The case was argued in front of Chrystal on Friday, Jan. 20.

7/30/2019 Court Denies Township's Motion for Reconsideration on Birchwood, 1-27-12

http://slidepdf.com/reader/full/court-denies-townships-motion-for-reconsideration-on-birchwood-1-27-12 2/2

Cranford Township is being represented in the matter by Carella,

Byrne, Cecchi, Olstein, Brody & Agnello, P.C.

Chrystal had already granted a motion for the Cranford DevelopmentAssociates, LLC to obtain a DEP permit to move soil at 315 Birchwood

Ave.

The Birchwood Avenue development case has been going on since

2008. The township has been fighting developers to stop theconstruction of a 360 unit residential development, which would

include affordable housing. The township claims that the land shouldnot be used for housing because it is in a flood prone area.

Even though Chrystal decided in favor of the developer, CranfordDevelopment Associates LLC, a subsidiary of the S. Hekemian Group,there are more permits to be obtained from the NJDEP.

The company filed for a flood area hazard permit with the NJDEP latelast year, but the application has been stalled by the Township

Committee, which has argued that an official public meeting should beheld over such a controversial permit application.

Former Mayor Dan Aschenbach, who led many of the efforts to reachout to the NJDEP last year, said in a Township Committee meeting inDecember that he believes that the amount of opposition the permit

faces from residents will make it difficult for the NJDEP to not hold a

public meeting.

The developer would have to obtain several other permits, in additionto the landfill debris removal and flood area hazard permits, before

construction could begin.