February 3, 2010 THE VILLADOM TIMES IV • Page 5
Mahwah
Fowl issue delayed again at attorney’s request
by Frank J. McMahon The Mahwah Board of Adjustment has granted another request to delay the public hearing on an application that seeks the board’s confirmation that a string of wooden coops on a Lakeview Drive property predates the township’s zoning ordinance. The request for a postponement was made by George Cotz, the attorney who represents property owner Rommel Mondejar and tenant John DeMarino, because only five members of the board were present to hold a hearing on the matter. “It is in my clients’ best interest to have a full quorum,” Cotz told Zoning Board Chairman George Cimis. The chairman responded that he could not guarantee a full complement of the board at any meeting. He advised Cotz that one of the board members would not be present at a board meeting until April. Nevertheless, Cimis agreed to reschedule the public hearing for Feb. 17 with the understanding that the full board will not be present at that meeting. Cotz agreed, explaining that seven members of the board would be reasonable whether or not they are members or alternates. Mondejar and DeMarino allegedly have about 500 roosters and hens in the coops, which are currently within five feet of the property line in violation of the township’s zoning ordinance. They claim the ordinance does not apply to them because their use of the property predates the zoning regulations. They have previously been in municipal court on several occasions in response to summonses issued to them by John Lane, the township’s former property maintenance officer, and by Thomas Mulvey, the current zoning and property maintenance inspector. The summonses were reportedly issued in response to complaints by neighbors of the property. The court hearings were adjourned several times at Cotz’s request but, ultimately, Municipal Court Judge Anthony Gianni agreed to allow Cotz to apply to the zoning board for an interpretation of the zoning ordinance. When the matter first came before the board in October, Cotz argued that the ordinance requiring a setback from the property line became effective in 1977, and his clients’ use predates that ordinance. The attorney claims there was no prior ordinance requiring that setback. When asked why the coops could not be kept away from the property line, Cotz told the board that allowing them to be located up to the property line facilitates the use of the coops. He also claimed that the coops are frequently move d s o t h ey a r e not “s t r u c t u r e s” (continued on page 15)
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