November 3, 2010 THE VILLADOM TIMES IV • Page 5 Mahwah Chai Lifeline claims to be inherently beneficial by Frank J. McMahon Chai Lifeline, a non-profit charitable organization that helps children who have cancer and genetic diseases, claims its use of a single-family house on Ramapo Valley Road in Mahwah to provide short stays for families who have terminally ill children is an inherently beneficial use. The organization renamed the site the “Pamela & Craig Goldman River Retreat” in honor of the couple who donated the property to Chai Lifeline in 2007. If the use of the property is ultimately determined to be an inherently beneficial use, the organization hopes to obtain a use variance from the township’s zoning board of adjustment to allow Chai Lifeline to continue using the property as it has for the past three years. During that time, families have been brought in for stays up to three days, and groups of up to 10 widows have stayed overnight during grief counseling sessions. Several neighbors oppose Chai’s use, and claim it violates the township zoning ordinance, a position that was also taken by a former administrative zoning officer of the township and the zoning board itself, which has upheld the determination of the administrative zoning officer that the use does not meet the single-family residential requirements of the township’s zoning ordinance. At the last public zoning board meeting, Chai Lifeline’s professional planner, Matthew Jakubowski, testified that in his professional opinion the Chai Lifeline use is an inherently beneficial one because it meets the four criteria of the law that govern this type of use. He explained that the services Chai Lifeline provides for children with special needs and their entire families makes it an inherently beneficial use. He also said he did not see any difference with the way the River Retreat house is used and the way any single family uses a house, so there is no detrimental effect to this use, especially since the house is not used all 365 days of the year. Jakubowski said he felt reasonable conditions could be placed on the use such as limiting the use to one day at a time, or no more than 10 persons at a time, and requiring signage and fencing. He added that he feels the use meets the definition of “family” and that it is not a transient use as defined in the township’s zoning ordinance, and that it poses no substantial negative impact on the neighborhood. Under cross examination by Attorney William Smith, who represents the neighbors who objector to the use, Jakubowski acknowledged he did not know of any court case in which the proposed use by Chai Lifeline was found to be an inherently beneficial use that could provide guidance to the board. But he said this use would provide universal value to the community and it does not pose any detriment to the neighbors or greater impact than a single family use because it is not used every day of the year. Smith asked if the character of the neighborhood would change if four houses on this street were to provide this type of use. Jakubowski said he did not see that as an overall change to the character of the neighborhood. He also said he felt a small church with a small congregation could be built on this site because it is a permitted use in this zone. Under further questioning by Smith, Jakubowski acknowledged that he did not know if the board could limit this use to one family, but he did not see Chai Lifeline expanding beyond the single family unit. Jakubowki also acknowledged that he did not know of a way to ensure that, if this use were approved and Chai Lifeline then sold property to another organization, that the site would not be used for families who do not have children with terminal illnesses. Prior to Jakubowski’s testimony, two mothers who currently live in Monsey, New York testified about the therapeutic benefit they received from their short stays at the Chai Lifeline River Retreat house. One woman told the zoning board that Chai Lifeline provided her with an opportunity to take her family away for a short period of time in a unique area that has all the necessary facilities and services, including a caretaker. She said it was stressful on her children when they had to leave. The other woman described how Chai Lifeline provided her the opportunity to get away from the stress of caring for her children for a short time and to communicate with other mothers who have the burden of raising terminally ill children. They both said their use of the house was provided free to them while other facilities that might provide such a respite were too expensive. Another benefit of the River Retreat, they said, is that the property is close to their homes. But STILL can’t lose that Tummy or Cellulite? Call me about VelaShapeTM A NEW Nonsurgical method of Fat reduction and body contouring • Non-invasive • No Anesthesia • No Downtime Beverly Dunn, MD Waldwick, NJ • 201-445-0032 Dieting? Working Out? Paul Banach Construction, LLC Home Remodeling Waldwick • 201-689-0765 • Windows • Doors • Garage Doors • • Finish Carpentry • Crown Moldings, Cabinetry, Walk-In-Closets, etc... • Kitchen & Bathroom Renovations • Take advantage of the Energy Tax Credit in 2010 www.energystar.gov/index.cfm?c=products.pr_tax_credits Speak to your tax advisor to ascertain if you qualify, as these credits will make a project more economical for you! 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