Villadom Times Weekly Newpaper Online-August 3, 2011 Issue

August 3, 2011 THE VILLADOM TIMES IV • Page 7 Mahwah Board conﬁrms Chai Lifeline denials; appeal eyed by Frank J. McMahon The Mahwah Zoning Board of Adjustment has passed a resolution confirming the board’s denial of a request by Chai Lifeline Inc. to overturn a zoning officer’s determination that its use of a single family home on Ramapo Valley Road was not permitted in that residential zone, and the denial of a use variance application by that Jewish nonprofit charitable organization. The resolution explains that the existing and proposed use of the 4.4-acre residential lot is not a permitted use in the R-80 single family residential zone and that Chai Lifeline’s use variance application was denied because such a use variance would constitute a substantial impairment to the township’s master plan and zoning ordinance and the neighborhood and surrounding area. The resolution also states that there are no special reasons entitling the organization to the variances requested. Chai Lifeline had sought the use variance to permit the non-profit to continue to use the single family house, which it has been using since 2007, as a short-term respite for families of children with cancer and other genetic diseases, and for grieving widows. The resolution confirming the denial was to be published on July 29. Chai Lifeline has 45 days from that date to file an appeal in Superior Court, which Marc Liebman, Chai Lifeline’s attorney, has indicated the non-profit will probably do before that deadline. Ben Cascio, the zoning board attorney, was asked by a Ramapo Valley road resident if the township would issue a cease and desist order now that the denial has been memorialized. Cascio answered that the board does not have the jurisdiction to take such an action, and it would be up to the township’s mayor and council and the township’s building department to do so. Cascio advised, however, that he did not think the township would do that because, as a practical matter, the court rarely issues an injunction during the 45-day appeal period unless there could be some harm to the safety of the public. “They could, but I doubt it,” Cascio said. The property has been used by Chai Lifeline for shortterm stays of their clients since 2007, when the property was donated to the non-profit by Pamela and Craig Goldman. The property was named the “Pamela & Craig Goldman River Retreat” in honor of the former owners. Located at the rear of an eight-lot subdivision, the property 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. A former township zoning officer determined in 2009 that Chai Lifeline’s use of the property for single families a few days at a time is not permitted by the township’s zoning ordinance. The board denied an appeal by the Chai Lifeline organization seeking to overturn that zoning officer’s determination in August 2010 after a 16-month hearing. In May, the board voted 5-1 to deny the non-profit’s application for a use variance primarily based on the belief that the use is not inherently beneficial to the public, particularly the public in Mahwah and the State of New Jersey, because the charitable organization serves a narrow group of people, most of whom live in New York State. Chai Lifeline would have required five affirmative votes to obtain the board’s approval. In his motion to deny Chai Lifeline’s application for a use variance, board member William Laforet stated that the applicant had not demonstrated the special reasons necessary for approval, and had not shown that the use would not be a substantial detriment to the public good and the township’s master plan. The board also found that the site is not suitable for the use because it is not equipped to handle transient people, some of whom may be handicapped, and the property does not have sufficient parking for the number of people who would be staying in the house. Board Chairman Charles Rabolli was the sole board member to vote for the use variance. He said he felt the use was inherently beneficial, but he understood the detrimental nature of the use that the other board members had pointed out. A Classic Car and Bike Cruise will take place at Continental Soldiers Park every Tuesday from 6 to 9 p.m. through late September. Participants are invited to bring antique, classic, and new modified cars or bikes for public display. The event is free and open to the public. Continental Soldiers Park is located at 550 Ramapo Valley Road, directly across from Ramapo College, south entrance. For more information, call (201) 760-0535. Classic Car and Bike Cruise meets weekly �� BEST NURSERY ��