Page 6 THE VILLADOM TIMES IV • May 25, 2011 Mahwah Zoning board denies Chai Lifeline variance by Frank J. McMahon The Mahwah Board of Adjustment has denied an application by Chai Lifeline, a Jewish non-profit charitable organization, to permit the organization to continue to use a single-family house in a residential zone on Ramapo Valley Road as a shortterm respite for families of children with cancer and other genetic diseases, and for grieving widows. The property, which was donated to the non-profit in 2007 by Pamela and Craig Goldman, the former owners of the property, has been named the “Pamela & Craig Goldman River Retreat” by Chai Lifeline. The house is located at the rear of an eight-lot subdivision and is accessed by a single private road that leads from a dual driveway access from Ramapo Valley Road. The property has an in-ground pool and access to the Ramapo River. Chai Lifeline has been using this property since 2007, even though a former township zoning officer determined in 2009 that the organization’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. In August 2010, the zoning board denied an appeal by Chai Lifeline seeking to overturn that zoning officer’s determination. Last week, prior to the board’s vote, attorney William Smith summarized the opposition to the application by his client, who is a neighbor of the Chai Lifeline property, and the opposition of other neighbors. His main argument was that the board has a responsibility to maintain the residential nature of the community. He also pointed out that if a transient use were permitted in this zone, it would have to be permitted in other single-family residential zones in Mahwah. “So you have a sacred obligation to protect the residents,” he told the board. Marc Liebman, the attorney for Chai Lifeline, argued that his client’s use is inherently beneficial and the impact of the use is less than a single-family house. He also pointed out other uses where people reside temporarily that are considered inherently beneficial uses, such as homes for battered women, drug rehab centers, and nursing homes rehab centers. Liebman described the general theme of the opposition to be NIMBY (Not in My Back Yard), and he criticized the fear that the township would be overrun by this type of use, explaining that people don’t often donate their houses for that purpose. The zoning board voted 5-1 to deny the application for a use variance, primarily based on the board members’ 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. Five affirmative votes of the board members were needed for approval. “My issue is that the public being served (by Chai Lifeline) are not residents of New Jersey,” board member Wesley Whiteman said. “So I see it as a beneficial use, but I don’t see that it serves the public of New Jersey.” Whiteman added that he understood the neighbors’ concern about the frequency $25at Offmore, Newcustomer, not applicable to a Adult Bicycle Priced $300 or one per prior purchases. Offer expires 7/15/11 396 Franklin Ave, Wyckoff • 201-891-BIKE WE REPAIR ALL BICYCLE BRANDS Open Monday-Friday 10:00-8:00, Saturday 9:00-6:00 Across from Aldo’s Restaurant (2453) of turnover at the site and the fact that the people who stay in the home for short periods of time have no identity. “So I understand the detrimental impact on the neighbors,” Whiteman said. William Laforet, the board member who made the motion to deny the application, explained his vote, saying, “People who should get the beneficial use should be the people who live around the facility.” Laforet also criticized Liebman’s description of the neighbor’s concern as NIMBY, pointing out that there are several other religious and charitable facilities in the area of this neighborhood. In his motion, 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 it does not have sufficient parking for the number of people who would be in the house for short stays. Board member Richard DeSilva pointed to the problem of accessing the area. He said the common driveway on the site is not suitable. Board member William Savino noted that the road leading to the property does not have a name, and it is not on a map of the township, so it would be difficult to give (continued on page 24) Bikes for the Whole Family and the Pros ������������������������������ ������������������������������� ���������������������������� �������������������������� � Create Your Secret Garden presents... Presents 35 3RD������������������������������ ANNUAL SPRING GALA PERFORMANCE Saturday, June 4th, 1:00 PM & 7:00 PM At Berrie Center for the Arts, Ramapo College. ������������������������������� �������������������������� ����������������� ������������������ ��������� ������ �� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �� � � � � � �� � � � � � � � � � �� � � � � � � � � � � � � Elegant Design • Inspiring Secret Garden Create Your Color • Timeless Beauty Elegant Design Inspiring Y Seasonal Color Timeless Beauty. 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