Page 4 THE VILLADOM TIMES IV • April 21, 2010 Mahwah Board attempts to unravel fowl zoning issue by Frank J. McMahon The Mahwah Zoning Board of Adjustment recently continued its public hearing regarding the zoning issues involved in an application by an owner and tenant of a property in the Stag Hill area. The owner and tenant requested an interpretation of the township’s zoning ordinance as to whether keeping fowl in portable coops that are within five feet of the property line is a use that predates the local zoning law. Property owner Rommel Mondejar and tenant Jonathan DeMarino allegedly have hundreds of roosters and hens in the multiple coops which are currently within five feet of their property line. Township property maintenance officials claim the coops are in violation of the zoning ordinance. However, George Cotz, who represents Mondejar and DeMarino, claims the ordinance does not apply to his clients because their use of the property predates the zoning ordinance. Mondejar and DeMarino have previously been in municipal court on several occasions in response to numerous summonses for violating township ordinances, including the operation of a home occupancy business contrary to a township ordinance, the outside sale of goods and poultry contrary to a township ordinance, and using residential property for an agricultural purpose. The summonses had been issued to them by John Lane, who was the township’s previous property maintenance officer, and Thomas Mulvey, the township’s current zoning and property maintenance inspector, in response to complaints by neighbors of the property. The court hearings were adjourned several times at Cotz’s request and, ultimately, Municipal Court Judge Anthony Gianni agreed to allow Cotz to apply to the zoning board for an interpretation of the ordinance. The associated court cases are being held in abeyance pending the zoning board’s decision on this application. Cotz argues that the zoning ordinance requiring a setback from the property line became effective in 1977, and his clients’ use predates that ordinance. He claims there was no prior ordinance requiring that setback. He also claims that the coops are frequently moved so they are not “structures” that require building permits and, as a result, they are not prohibited from being within five feet of the lot line. At the recent zoning board meeting DeMarino, who lives on the property with his family, explained how he relocated a fence that was on an adjoining property to his property line, and he moved all of his chicken coops onto his property. The balance of the meeting was spent with the board trying to determine the history of the ownership of the property, and how long chickens have been on that property. Cotz was asked to conduct a title search to definitively determine the history of the ownership of Mondejar’s property because there was conflicting testimony by DeMarino and members of his family, and his neighbor, Madeliene Van Dunk, who lives across the street. There was also conflicting testimony about when chickens, defined by DeMarino as meaning hens and roosters, were first known to be on the property. DeMarino testified that he has lived in the house on the property for 10 years, and previously owned the property, having purchased it from his father. He said he sold the property to Mondejar two years ago and now rents it. He said he has up to 300 chickens on his property, depending on the time of year, and they are used to feed his family, while the fancy rooster feathers are used to make Native American artifacts. He told the board there is nothing illegal on his property and it has been inspected and certified by a state agency. He also claimed that the previous owners of the property dating back to the 1930s were his relatives and they also had chickens on their property. Van Dunk disagreed with DeMarino. She said when she bought her property in 1957, the owner of Mondejar’s property never had any chickens on the land. Van Dunk also claims that Mondejar purchased the property from Robert and Rosemary Mann, the previous owners, within the last 10 years, so its current use does not precede the zoning ordinance. Eunice DeGroat, who is related to DeMarino, testified that she has been familiar with his property since she was nine years old, and there were chickens on that property (continued on page 23) Get Advice. Shop. Compare. Save. For Auto, Home, Business, Life and Health Insurance. 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