Mahwah February 16, 2011 THE VILLADOM TIMES IV • Page 7 Public hearing for Chai Lifeline postponed until March by Frank J. McMahon The Mahwah Zoning Board of Adjustment’s next public hearing of the Chai Lifeline application has been tentatively scheduled for March 16. Chai Lifeline, a Jewish non-profit charitable organization, is seeking the board’s approval of a use variance to continue using a Ramapo Valley Road house and property near the Ramapo River to allow single families, mostly from New York State, to stay in the house free of charge for up to three days at a time, and to allow groups of up to 10 widows visit the site for overnight stays for grief counseling. The single-family home is located in a residential zone and is being used as a short-term location for families of children with cancer and genetic diseases. The house and its property were donated to Chai Lifeline in 2007 by former property owners Pamela and Craig Goldman. Chai Lifeline subsequently renamed the site the Pamela & Craig Goldman River Retreat. 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. The site has an in-ground pool and access to the Ramapo River, which passes by to the west. In August 2010, the Mahwah Zoning Board of Adjustment denied an appeal by Chai Lifeline to overturn a 2009 determination by a former township zoning officer that the non-profit’s use of the 4.4-acre property for single families a few days at a time is not permitted by the township’s zoning ordinance. That decision came at the end of a 16month public hearing that included testimony from several planning experts and several neighbors. Some of the neighbors complained that the use of the property by Chai Lifeline disrupts the quality, tranquility, and security of their lives, and changed the character of the neighborhood. That denial did not prevent Chai Lifeline from continuing to use the property, because the organization immediately filed an application for a use variance to continue using the property as it has been since 2007. At the last public hearing in December, two professional planners, each recognized as an expert by the Mahwah Zoning Board, disagreed about whether Chai Lifeline’s use of the single-family house should be considered inherently beneficial. Chai Lifeline’s professional planner, Matthew Jakubowski, has testified that, in his professional opinion, Chai Lifeline’s use is an inherently beneficial use due to the services the organization provides for children with special needs and their entire families. He said he did not see any difference between the way the Chai Lifeline house is used and the way any single family uses a house, adding his view that there is no detrimental impact from the way Chai Lifeline uses the property. Jakubowski claimed this use would provide universal value to the community and it does not pose any detriment to the neighbors or any greater impact on them than any single family use because it is not used every day of the year. He also testified that even if several houses on this street were to provide this same type of use that would not change the character of the neighborhood. Michael Kauker, a professional planner hired by a neighbor who objects to the organization’s use of its property, disagreed. In his testimony before the board, he maintained that Chai Lifeline’s use of the house for single families for short stays is not, in and of itself, a single-family use of the property because that type of use requires residency and occupancy of the house. Kauker testified that the social benefit provided by Chai Lifeline’s use of the property is not one that is found to generate benefits that are viewed to be inherently beneficial. He explained that the Chai Lifeline use provides an accommodation for a family of a sick person with no treatment provided other than the psychological benefit of being away from the regular family environment. He said the sick person is not always in the residence with the family. Kauker also said the use of the house in support of a group of widows is not an inherently beneficial use because that social benefit, in and of itself, is difficult to define. He testified further that the Chai Lifeline use of this property by “uncontrolled groups coming to the site along a private driveway” would negatively impact the stability of the neighborhood, and could create a substantial negative impact on the township’s zoning plan by creating a domino effect; that is, opening the door to other similar projects in that zone. At the board’s next meeting, closing arguments are expected from Chai Lifeline’s attorney Marc Liebman and from the objecting neighbors’ attorney William Smith. At that time, the board may also deliberate and possibly render a decision. To receive the use variance, Chai Lifeline need five affirmative votes of the board members. Due to illness and recusals, only six members of the board are participating in the public hearing. Liebman has previously agreed, however, to continue the hearing with the six-member board. Winter specials available now for a limited time only. Call Robin at 973-636-7000