January 30, 2013 THE VILLADOM TIMES IV • Page 17 Chai Lifeline case (continued from page 9) particularly suited for that type of use. Ben Cascio, the attorney for the board of adjustment, argued that the board rendered an informed decision after many public hearings and has a presumption of validity unless it is found that the board acted arbitrarily, capriciously, or unreasonably. He said the board did not rely on the definition of “family” in making its decision to deny the application for a use variance. “The board focused on the use of the property and found that use did not constitute a single-family use, but rather, a tran- sient use,” Cascio said. “The board found that the overall use of the property was transient and not permanent and so it was not permissible in the zone.” Cascio said the board’s professional planner testified that the Chai Lifeline use was transient, similar to a motel. Santagata countered that the zoning ordinance prohibits transient housing and not a transient use. He argued that the length of residency does not, and could not, determine whether a home was being used as a single-family dwelling. Referring to previous case law decithe institute to reconsider the nighttime shooting schedule. The council agreed that Mahwah Township Administrator Brian Campion would send a letter to Hodge expressing concern and asking what measures the county might take to mitigate the noise from the range. After the meeting, Sbarra talked about the shooting range noise problem and said, “You would be surprised at how much you can hear it from a distance. You’re talking about the quality of life for people. It’s not a good quality of life situation if you’re going to do that at night. I just want to bring it to their attention to see if there is anything that can be done about it and if there is anything they can do to alleviate these concerns the township would appreciate it.” The current schedule for nighttime shooting at the range is: April 19, 22, 23, 24, 25, and 26; May 1, 3, 10, 17, and 24; June 5; Sept. 6, 9, 11, 12, 16, 17, and 24; Oct. 14, 17, 18, 21, 22, 23, 24, 25, and 29; and Nov. 1, 4, 6, 7, 8, 11, 12, 13, 14, 22, and 26. Firing range (continued from page 5) Councilman John Spiech pointed out that the range is used by police officers from around the state and not just Bergen County. He recommended that the administration send a letter to the Law & Public Safety Institute asking if some sound abatement measures could be taken. It was also noted that the township has a noise ordinance, although the institute might be exempt from that ordinance. Mahwah Township Attorney Andrew Fede pointed out that any facility in the township has to be in compliance with the township’s noise ordinance. Council President Harry Williams said that even if the firing range is not in violation of the township’s noise ordinance that does not prohibit the township from asking sions in suits similar to this one, Santagata claimed, “Every case that applies to this (matter) has been decided in our favor.” He said the defendants have not refuted Chai Lifeline’s claim that the board denied the variance because the people using the property were not from New Jersey but from New York State. Marc Liebman, the Chai Lifeline attorney who argued the use variance application before the zoning board, told the court that a previous owner of the property was a psychiatrist who had his office in the boathouse on the property and that previous owner did not have any problem with people finding his office. He also said a traffic count of vehicles traversing the site to the Chai Lifeline property found there was less traffic there than would normally occur with a single-family house. He also said the Chai Lifeline house is not being used 365 days a year, but about one-half or one-third of a year. He said an expert hired by the board testified that the Chai Lifeline use was inherently beneficial, but the board ignored that testimony. Smith responded that the non-profit’s rabbi had testified at the zoning board’s public hearing that they have 3,000 members and that all the days of the year are scheduled except those needed for cleaning. He added that, if this use were permitted, there would be no control over the use of this property and a transient use would damage the neighborhood. He also claimed there was no information on the record about a psychiatrist owning the property. Chai Lifeline has continued to use the property despite objections from neighbors who asked the township to issue a cease and desist order after the denial was memorialized. The township has taken no action on that request.