Mahwah January 12, 2011 THE VILLADOM TIMES IV • Page 3 Experts disagree on matter of inherently beneficial use by Frank J. McMahon Two professional planners, each recognized as an expert by the Mahwah Zoning Board of Adjustment, disagree on whether Chai Lifeline’s use of a single-family house on Ramapo Valley Road should be considered inherently beneficial. Chai Lifeline is a Jewish non-profit charitable organization that helps families of children with cancer and other genetic diseases. In 2007, Pamela and Craig Goldman, the former property owners, donated the house and land in question to Chai Lifeline. The organization has renamed the site the Pamela & Craig Goldman River Retreat. If the use of the property is ultimately determined to be an inherently beneficial use by the zoning board, Chai Lifeline hopes to obtain a use variance from the township’s zoning ordinance to allow the organization to continue using the property as it has for the past three years. During that time, single families, mostly from New York State, have been allowed to stay in the house free of charge for up to three days, and groups of up to 10 widows have been allowed to visit the site for overnight stays for grief counseling. Chai Lifeline’s professional planner, Matthew Jakubowski, testified at a zoning board meeting in October that, in his professional opinion, Chai Lifeline’s use is inherently beneficial because it meets the criteria of the law which he said governs this type of use. He explained that the services Chai Lifeline provides for children with special needs and their families make the use inherently beneficial. He also 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, so there is no detrimental impact from the way Chai Lifeline uses its house. Jakubowski said this use would provide universal value to the community and would not pose any detriment to the neighbors or greater impact on them than a single family use because it is not used every day of the year. He also said if several houses on this street were to provide this same type of use it would not change the character of the neighborhood. He compared the Chai Lifeline use of this property to the use of a property located farther south on Ramapo Valley Road by the Carmel Retreat House, which he claimed has rooms for up to 70 people in different structures, and a catering staff. He acknowledged that the Carmel Retreat House has a different type of road access and is larger than the Chai Lifeline property, but he emphasized that it is nearby and the township has not found any problem with that use. Zoning Board Attorney Ben Cascio pointed out to Jakubowski that the Carmel Retreat House has a church on its property and it is considered a place of worship. Jakubowski acknowledged that if the Carmel Retreat House has a place of worship on its property it would be considered a permitted use. Michael Kauker, a professional planner hired by a neighbor of the house owned by Chai Lifeline, disagreed with Jakubowski at the board’s meeting in December. Kauker said 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. “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,” Kauker told the board. 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. He said, “That social benefit, in and of itself, is a difficult thing to define. I don’t believe a grieving family who could get together in their own homes rises to the level of being an inherently beneficial use.” Kauker 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 this particular neighborhood and could create a substantial negative impact on the township’s zoning plan by opening the door to other projects in the R-80 zone which could create a “domino” effect on the remainder of properties in (continued on page 23) OH FOR PETS SAKE!!  Are you frustrated at having to wrangle pet sitting and dog walking services? your pet to the veterinarians office for fluids, medications, nail trimmings or anal gland expression?  Are you looking for reliable and affordable I am a Licensed Veterinary Nurse and Certified Dog Obedience Trainer and will be more than happy to come to your home and ease your pet’s stress (and of course yours)! 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