September 8, 2010 THE VILLADOM TIMES IV • Page 5 Mahwah Chai Lifeline now pursuing use variance by Frank J. McMahon The attorney representing Chai Lifeline has begun presenting testimony in support of a use variance for that non-profit organization. The application is currently before the Mahwah Board of Adjustment. Attorney Marc Liebman is seeking a variance to permit Chai Lifeline to continue to use a single family house on a 4.4-acre, residentially-zoned property on Ramapo Valley Road to provide short respites for 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 organization has been using the house for those purposes since July 2007, when the house and property were donated to Chai Lifeline by the previous owners, Pamela and Craig Goldman. The house 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 is in a secluded area at the rear of the subdivision and has an in-ground pool and access to the Ramapo River. Recently the Mahwah Zoning Board denied, by a 4 to 1 vote, an appeal by Chai Lifeline to overturn a 2009 determination by a former township zoning officer that the non-profit’s use of the property for single families a few days at a time is not permitted by the township’s zoning ordinance. Liebman recently presented two witnesses and, at the Oct. 20 meeting of the zoning board, he will present testimony from a professional planner who is expected to provide the board with reasons a use variance should be granted to the organization. Sarah Schwartz, who lives in Monroe, New York, last stayed at the house from Memorial Day to the following Wednesday with her husband. The two have a child who has been diagnosed with severe disabilities who is currently on life support. She said her physician recommended that she take a vacation from the exhausting situation and Chai Lifeline offered them the opportunity to stay at the house on Ramapo Valley Road, which Chai Lifeline has named the Pamela and Craig Goldman River Retreat. “I had leisure time,” Schwartz said. “It was a very good experience. I felt rejuvenated. I became a smiling mother again, and I felt reassured that I had all the support I needed.” In response to Liebman’s questions, Schwartz said she was not charged to stay at the house, she had no interaction with the neighbors, and she disposed of trash in two trash bags in a trash can. Schwartz also responded to questions from Attorney William Smith, who is representing several neighbors who oppose the application. The witness said she stayed at the house for approximately three days with her five children and her husband the first time, and for four days with just her husband the second time. Maryann Kinraich of Monsey, New York told the board she used the house when her son was dying of cancer, and she appreciated the respite Chai Lifeline provided because it was therapeutic and the “tension melted away.” “My children fell asleep with smiles on their faces, and their teacher said there was an improvement in their behavior,” she said. “Nothing takes the pain away, but this can ease it. “You have an opportunity to permit them to continue to put smiles on little boys’ faces,” she said, asking, “Will you grab it?” Board member William Laforet asked her how different the property was from her own. Kinraich said her condo was small and cramped, and the Chai Lifeline house provided a change of scenery away from people where you do not see or hear anyone. In response to a question by Liebman, Kinraich said the property is isolated and relaxing, she did not have to do laundry, and the children were excited to have their own bedrooms. “I wasn’t stressed,” she emphasized. She added that the house is not like a hotel because it is in a beautiful wooded area near a river. She said nature relaxes people and the house physically lends itself to a family use. Smith asked Kinraich if she has attempted to go back to the Chai Lifeline house. She said she would like to, but there is a long waiting list. Smith asked her if there was anything unique about the Chai Lifeline property, and she said it was the change of scenery with a running river. Liebman told Zoning Board Chairman Charles Rabolli he may have one more fact witness, and he asked the board to vote separately on the use of the property by families for short stays and by unrelated widows who stay at the house on weekends. Rabolli pointed out that the applicant must prove special reasons for the board to approve a use that is not permitted in a zone and a “super majority” vote of the board, or five affirmative votes, is required to grant a use variance. One member of the board, William Dator, has recused himself from the public hearing on the Chai Lifeline application from the beginning because of a potential conflict of interest, but Zoning Board Attorney Ben Cascio advised that the state’s statute requires five affirmative votes to grant a use variance no matter how many board members are voting on an application. Clean out your garage and trade in any adult bicycle in any condition for $25 off a new adult bicycle, one per customer. 396 Franklin Ave Wyckoff, NJ 201-891-5500 $25 Trade In Special CLEARCUT WINDOW & SIDING INC. 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