Mahwah June 16, 2010 THE VILLADOM TIMES IV • Page 13 Neighbors continue criticism of Chai Lifeline by Frank J. McMahon The Mahwah Zoning Board of Adjustment’s public hearing of the Chai Lifeline appeal recently continued with several more neighbors voicing their objections to the way the non-profit organization has been using the property. Chai Lifeline has asked the board to overturn a 2009 determination by a former township zoning officer that the non-profit’s use of a 4.4-acre piece of property on Ramapo Valley Road is not permitted by the township’s zoning ordinance. The property is located at the rear of an eight lot subdivision that is accessed by a single private road that leads from a dual driveway access from Ramapo Valley Road. It has an in-ground pool and access to the Ramapo River, which passes by to the west of the property. The previous owner donated the property to the non-profit organization, which has been using the house since 2007 for multi-day periods of grief counseling of families with children who suffer from serious illnesses, groups of mothers whose children have passed away, groups of widows who have lost their husbands at an early age, or those who share a common family crisis. The public hearing on the appeal has been pending since May of 2009, but the property has continued to be used by Chai Lifeline for short stays by different single family units. Last month, Timothy Slade, the next door neighbor of the subject property, objected to the way the Chai Lifeline site is being occupied and used, saying that it invaded his privacy and has destroyed the seclusion, and peace and quiet of his neighborhood. He asked the board to uphold the determination of the township’s former zoning official that the Chai Lifeline use of the property violates the single family zoning of that property. At the last meeting of the zoning board, several more neighbors spoke out against the way Chai Lifeline is using the property. Robert Amarante, whose property abuts the non-profit’s property, provided the board with a copy of the license agreement that all the property owners using that private road must maintain it. He also complained that, if he had to sell his home, he would have to disclose that there is a transient home next door, which would devalue his property. Amarante also expressed concern about people wandering through the property, which affects his privacy. He said concern about people petting his horses led him to upgrade his liability insurance to avoid a potentially dangerous situation. “We’ve never had people on our road, but now they are a danger to us because we’re liable for anything that happens on our property,” Amarante said. Under cross-examination by Marc Liebman, the attorney for Chai Lifeline, Amarante acknowledged that he has not seen anyone petting his horses, but he has been told about it by his neighbors. Liebman also objected to Amarante’s stated opinion about the value of his house, because the resident is not a real estate expert. Lethia Hartz owns the 2.1-acre lot to the east of the Chai Lifeline property. She told the board she is a Realtor who regularly performs comparative analyses of homes, and she would be compelled to inform any prospective buyer of any of these homes of any negative factors in the neighborhood. Hartz explained she would have to disclose that there is a transient house in the neighborhood, and that would devalue neighboring properties, but she said she did not know to what extent because homes in this area have not recently been sold. Liebman pointed out to Hartz that the Catholic Carmel Retreat Center is located nearby, and it has overnight accommodations for 70 people. But Hartz responded that the Carmel Retreat Center is a self-contained property of 30 acres that is down the road from the Chai Lifeline property. When Liebman referred to the Carmel Retreat as a transient use hotel, Hartz emphasized that it is a Catholic Retreat Center, not a hotel. James Ribaudo, who lives on the first lot in the subdivision on Ramapo Valley Road, pointed out that the Carmel Retreat Center was there when they bought their homes so that use was taken in to account at that time. “We don’t like people coming across our property,” he said, adding that seven of the eight property owners don’t like the Chai Lifeline transient use. He said others won’t like it either and that would be prejudicial to a buyer. Liebman asked Ribaudo if he would like the government telling him what guests he could have at his house, or if he would object if the zoning officer told him he could not have a friend in his house. Ribaudo responded that he did not accept the premise of Liebman’s question and he argued that the Chai Lifeline house is not a legal residence. Mark Kaczor lives on the 2.4-acre lot just to the south of the subdivision on Ramapo Valley Road. He told the board he is a civil engineer and a certified septic installer and is licensed in New Jersey to design septic systems. The resident said he feels the current septic system at the Chai Lifeline property is being overused because it needs to be frequently pumped. (continued on page 21) LANDSCAPE DESIGN AND CONSTRUCTION, INC. 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