Mahwah
February 15, 2012 THE VILLADOM TIMES IV • Page 9
Chai Lifeline continues use of single family house
by Frank J. McMahon Chai Lifeline, Inc, a Jewish non-profit charitable organization that owns a singlefamily house on residential property on Ramapo Valley Road in Mahwah, is continuing to use the house pending the resolution of a lawsuit the organization filed in Superior Court. The suit was filed against the township, the zoning board, and the former zoning officer. Chai Lifeline uses the 4.6-acre residential lot, which is located in the R-80 singlefamily residential zone, as a respite for families of children with cancer and other genetic diseases who stay there one family at a time, for several days during a week. The house is also provided to groups of 10 or less grieving widows for once-a-month grief counseling on weekends. In 2009, a former township zoning officer determined that the use of the property was not permitted by the township’s zoning ordinance. In August 2010, the Mahwah Zoning Board of Adjustment denied Chai Lifeline’s appeal of that determination after a 16-month public hearing. In May 2011, the zoning board denied Chai Lifeline’s application for a use variance, which would have permitted Chai Lifeline to continue to use the Ramapo Valley Road property for short-term visits of families with terminally ill children. During the appeal and the use variance application, several neighbors objected to the way Chai Lifeline was using the property. They claimed it disturbed the quality of life in the area and brought a constant flow of strangers to the secluded neighborhood. Chai Lifeline sued the township, the zoning board, and the former zoning officer in September 2011 as a result of the use variance denial, but the court has not taken any action on that lawsuit as of this time. The property was donated to the nonprofit organization in 2007 by Pamela and Craig Goldman. The site is located at the rear of a seven-lot subdivision to the west of Ramapo Valley Road and across that road from the Carmel Retreat property. The subject property is accessed by a single private road that travels through an eight-lot subdivision from a dual driveway access from Ramapo Valley Road. The Chai Lifeline site is at the rear of most of those lots. The property contains an in-ground pool and access to the Ramapo River, which passes by to the west of the property. Chai Lifeline claims in its lawsuit that its use of the property is an inherently beneficial use and it disputes the zoning board’s definition of “family” as one that is made up of permanent residents of a single-family household. In the lawsuit, Chai Lifeline also disputes board’s determination that the use by Chai Lifeline was transient in nature. The non-profit organization claims that the township has no legally valid definition of “family” and, because Chai Lifeline uses
the property as a single-family dwelling, it maintains that its use is permitted in the R80 zone. Chai Lifeline claims the township’s interpretations of “single-family dwelling” and “family” violate case law and ignore legal precedent. The plaintiff also asserts that the township officials failed to recognize that the length of residency principle on which they relied did not, and could not, determine whether a home is being used as a single-family dwelling. In addition, Chai Lifeline argues that the zoning board’s denial violated the New Jersey Constitution and the United States Constitution, and was arbitrary, capricious, and unreasonable. Ben Cascio, the attorney for the zoning board, has filed an answer to the lawsuit in which he denied most of the allegations made by Chai Lifeline. In his official answer, Cascio specifically denies that the (continued on page 22)
The Mahwah Regional Chamber of Commerce will host breakfast at the Mahwah Bar & Grill, 2 Island Road in Mahwah, on Feb. 16 from 8 to 10 a.m. The featured speaker will be America’s Memory Master Matthew Goerke, creator of “The Memory Switch Program.” Goerke will discuss new advances in memory technology and will provide insight into how these methods can help people achieve business and personal goals. The cost is $25 for Chamber members and $40 for non-members. A buffet breakfast will be included. Prepaid registration is required. For res-
Goerke to address Chamber
ervations, visit mahwah.com or call (201) 529-5566. The Chamber recently welcomed the following new members: AdLab Media Communication, LLC, Clifton; Brook Hollow Group, Saddle River; Compensation Resources, Upper Saddle River; Crimmins Wealth Management, Ramsey; Heartland Payment Systems, East Rutherford; Ho-HoKus Inn and Tavern, Ho-Ho-Kus; MassMutual Financial Group, Montvale; Paul Davis Restoration, Waldwick; Photography by SKY, Ramsey; One Time Office, Hackensack; Senior Connections Adult Daycare, Waldwick; Send Out Cards, Norwood; and The Ducey Agency, Stony Point.