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Legal Notices PUBLIC NOTICE OF HEARING ON ENTRY OF JUDGMENT OF COMPLIANCE AND REPOSE PLEASE TAKE NOTICE that a hearing will be held on at 10 a.m. on April 22, 2013, before the Honorable Lisa F. Chrystal, Superior Court of New Jersey in the Union County Court House, 11th Floor, 2 Broad Street, Elizabeth, New Jersey to consider the entry of a Final Judgment of Compliance in favor of the Township of Cranford (the "Township"), based upon the Housing Element and Fair Share Plan and implementing ordinances, which have been submitted to the Court in the consolidated matters captioned Lehigh Acquisition Corp. v. Township of Cranford et al, DKT NO. UNN-L-0140-08 and Cranford Development Associates, LLC et al v. Township of Cranford et al, DKT NO. UNN-L-003759-08. Entry of a Final Judgment of Compliance would declare the Township in compliance with its obligation to provide realistic opportunities for the creation of housing affordable to low and moderate income households as required by the New Jersey Constitution and the New Jersey Fair Housing Act of 1985, as amended. Entry of a Judgment of Compliance would bar for up to ten years any claim that the Township is failing to provide a sufficient realistic housing opportunity for the creation of housing for low and moderate income households. In the present lawsuits, plaintiffs Lehigh Acquisition ("Lehigh") and Cranford Development Associates LLC ("CDA") alleged that the Township's existing zoning and land use planning practices failed to provide sufficient realistic opportunities for the creation of safe, decent housing affordable to low and moderate income households to meet the municipality's fair share of unmet need in the Essex-Union-Morris-Warren housing region under the New Jersey Constitution and the Fair Housing Act. The Township denied these allegations. The Court ruled in March 2009 that the Township was in violation of these constitutional and statutory obligations. The Township and Lehigh Acquisition entered into a settlement agreement providing for rezoning of the Lehigh property, which is located in Cranford at 555 South Avenue East and identified on the Township's tax map as Block 511, Lot 1, to permit construction of 163 multi-family housing units, of which 15 percent (24 units) would be required to be set aside low and moderate income households. Following public notice and a public "fairness" hearing, this settlement agreement was approved by the Court by order entered on January 28, 2011. Following a trial, the Court entered an order granting a site-specific builder's remedy to CDA on December 9, 2011. This order required the rezoning the CDA property, which is located in Cranford at 215-235 Birchwood Avenue and designated on the Township's tax map as

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Block 291, Lot 15.01 and Block 292, Lot 2, to permit construction of 360 multifamily housing units, of which 15 percent (54 units) would be required to be set aside for low and moderate households. This order also set terms upon which a final Judgment of Compliance may be entered in favor of the Township. In accordance with the terms of the Court's orders of January 28, 2011, and December 9, 2011, the Township has proposed a revised Housing Element and Fair Share Plan and has adopted various ordinances amending its zoning ordinance. Among other things, the Housing Element and Fair Share Plan and amended ordinances permit construction of 163 units of multi-family housing on the Lehigh property, of which 15 percent ( 24 units) must be set aside for low and moderate income households and 360 multi-family units of multi-family housing on the CDA property, of which 15 percent (54 units) must be set aside for low and moderate income households. In addition, the Housing Element and Fair Share Plan and implementing ordinances provide for creation of a housing rehabilitation program to provide grants or loans to rehabilitate up to 55 units of physically substandard housing affordable to low and moderate households, supplementing the housing rehabilitation program operated by Union County. Cranford Township also claims credit against its housing obligation for up to 100 low and moderate income units located in the Lincoln Apartments project, 19 low and moderate income units proposed to be constructed in the Riverfront Redevelopment project, one unit located in the proposed Needlepoint Homes, and credits for units located in existing group homes and other community facilities for the handicapped. The full text of the Court's Orders of January 28, 2011, and December 9, 2011, the Housing Element and Fair Share Plan, and the implementing ordinances may be examined and copied during regular business hours at the Office of the Township Clerk, located at the 8 Springfield Avenue, Cranford, New Jersey, or by appointment at the office of any of the following attorneys: Philip J. Morin III, Esq. Florio Perrucci Steinhardt & Fader, LLC 218 Route 17 North Rochelle Park, NJ 07662 (201) 843-5858 Stephen M. Eisdorfer, Esq. Hill Wallack, LLP 202 Carnegie Center Princeton, New Jersey 08540 (609) 924-0808 Any interested party, including any low or moderate income person residing in Union, Essex, Morris or Warren Counties, any organization representing the interests of low and moderate income persons in those counties, any owner of property located within the Township of Cranford, or any organization representing the interests of owners of property in the Township of Cranford may file written objections to entry of a Final Judgment of Compliance and may present evidence in support of such objections at the hearing on April 12, 2013. Objections must be filed in writing, together with copies of any supporting affidavits or documents, with the Hon. Lisa F. Chrystal, Superior Court of New Jersey, Union County Court House, 11th Floor, 2 Broad Street, Elizabeth, New Jersey, with each of the attorneys listed above, and with Wendy Berger, Esq., Cole, Schotz, Meisel, Forman and Leonard PA, 25 Main St., P. O. Box 800, Hackensack, NJ 07502, on or before April 12, 2013. This Notice is given by Order of the Superior Court. It is intended to inform all interested parties of the proposal to enter a Final Judgment of Compliance and the possible consequences of the entry of such a judgment. It does not indicate any view by the Court as whether the Township is in compliance with its obligation under the New Jersey Constitution and the New Jersey Fair Housing Act of 1985 or

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whether the Court will enter a Final Judgment of Compliance. Dated: March 25, 2013 $315.52 3/29/2013 Related Categories: Notices and Announcements - Legal Notice
Published in The Star Ledger 3/29. Updated 3/29.

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