HILL WALLACK LLP

202 CARNEGIE CENTER, PO Box 5226, PRINCETON NJ TELEPHONE: (609) 924 0808 FAX: (609) 452-1882 WWW.HILLWALLACK.COM 08543-5226

STEPHEN EISDORFER, ESQ. PARTNER, LAND USE LITIGATION AND APPLICATIONS DIRECT DIAL: (609) 734-6357 SEISDORFER@HILLWALLACK.COM

June 6, 2012 Douglas K. Wolfson, Esq. Schwartz Simon Edelstein & Celso LLC Suite 200 100 S Jefferson Road Whippany, NJ 07981-1009
Re:

LEHIGH ACQUISITION CORP. v. TOWNSHIP OF CRANFORD et al, DKT NO. UNN-L-0140-08 CRANFORD DEVELOPMENT ASSOCIATES, LLC et al v. TOWNSHIP OF CRANFORD et al, DKT NO. UNN-L-003759-08

Application by Cranford Development Associates LLC e al For Preliminary and Final Site Plan Approval, 215-235 Birchwood Avenue, Cranford Township, NJ, Block 291, Lot 15.01 and Block 292, Lot 2
Dear Mr. Wolfson: Enclosed is an application by Cranford Development Associates LLC et al "CDA") for preliminary and final site plan approval for an inclusionary development consisting of two midrise multifamily structures containing a total of 360 dwelling units and a parking structure on the property located at 215235 Birchwood Avenue in Cranford Township, NJ, and designated Block 291, Lot 15.01 and Block 292, Lot 2 on the Township's official tax map. This application is submitted in accordance with the terms of the Order Granting Remedy in Exclusionary Zoning Litigation entered on December 9,
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20 11 in the above entitled litigation, the procedures set forth in the memorandum circulated by Special Master McKenzie on May 15, 2012, and Cranford Ordinance No. 2012-11. For your reference, copies of these documents are attached. In accordance the special master's memorandum, the application has been prepared in general conformance with submission standards set forth in Cranford's Land Development Ordinance, Cranford Ordinances 136-1 et seq. The application does not involve any requests for variances. In two respects it does not conform literally to the ordinance design standards.
It does not provide for bicycle racks for 394 bicycles, as would appear to be mandated by Cranford Ordinances 136-23(G)(5). Instead, it provides for a lesser number of bicycles racks at appropriate locations on the site.

It does not provide for 295 replacement trees, as would appear to be mandated by Cranford Ordinances 136-23 (L)(1)-(3). Instead, it provides for a lessor number of trees consistent with the landscaping requirements set for the in the Court Order and Ordinance No. 2012-11. The tree replacement standards appear to be superseded by the more specific landscaping requirements of the Court Order and Ordinance No. 201211. To the extent that either of these features is deemed to require a design waiver, CDA hereby requests that waiver. The plan includes all the detail and supporting calculations that have been prepared by CDA for review by the NJDEP in connection with CDA's pending application for a flood hazard area permit. These details and supporting calculations are provided for information only, since the NJDEP's determination is controlling. In accordance with the special master's memorandum, CDA is simultaneously providing copies of this application to:
1. 2. 3. 4. 5. 6. 7. 8. 9.

Special Master Elizabeth C. McKenzie, AICP, PP Municipal attomey Philip Morin, Esq. Planning board attorney Nick Giuditta, Esq. Planning board consulting planner Peter Van Den Kooy, PP Township engineer Robert Marsden, P.E. The township zoning officer The planning board secretary The construction code official The municipal clerk as a public file copy

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I thank you for your time and attention in this matter. Yours truly, HILL WALLACK LLP

By:S~~
Stephen Eisdorfer, Esq. En c.

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