March 17, 2010 THE VILLADOM TIMES IV • Page 5 Mahwah Zoning board grants another delay in fowl case by Frank J. McMahon The Mahwah Board of Adjustment has granted another delay to the property owners who filed an application with the board seeking confirmation that a string of wooden coops on their Lakeview Drive property predates the township’s zoning ordinance. The repeated delays to the start of the public hearing on the matter have been in response to requests by George Cotz, the attorney who represents property owner Rommel Mondejar and tenant John DeMarino, because the applicant wants all seven board members to be present when Cotz states his case. At the last meeting of the board, there were six members present and one was recusing himself. At the previous meeting, only five members of the zoning board were present. “As I previously stressed,” Cotz told the board, “I am eager to have seven members of the board present and so I want to carry this matter to another date.” Cotz previously told the board that it was in his client’s best interest to have a full complement of board members, although he said the seven could be either members or alternates. Mahwah Zoning Board Chairman George Cimis agreed to reschedule the public hearing to April 7 after Ben Cascio, the board’s attorney, advised a neighbor of the Mondejar/ DeMarino property who objected to the repeated delays that it was not Cotz’s fault. Cascio explained that it is the applicant’s option as to the number of board members he wants to be present to hear the application. According to Cascio, however, once the hearing begins, the proceedings would continue at subsequent meetings, if necessary, even if fewer than seven members are in attendance, unless there is a vote at that meeting. He explained that, if there is no vote scheduled, the absent members could read the transcripts of the meetings they missed and be eligible to vote on the application at a future meeting. Mondejar and DeMarino allegedly have about 500 roosters and hens in multiple coops that are currently within five feet of their property line in violation of the township’s zoning ordinance. They claim the regulation does not apply to them because their use of the property predates the ordi- nance. They 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 sale of goods and poultry outside 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 by Thomas Mulvey, the current zoning and property maintenance inspector, in response to complaints by neighbors. The court hearings were adjourned several times at Cotz’s request. Ultimately, Municipal Court Judge Anthony (continued on page 9) HIDDEN CLOSET ������������������ DON’T TRY TO PREDICT THE FUTURE... PREPARE FOR IT. 29 th Anniversary Sale ��������������������������������������������� ��������������������������������������������� ��������������������������������������������� ��������������������������������� ������������������������������������������������������������ ���������������������������������������������������������������� �������������������������������������������������������������� Personalized Estate Planning & Financial Consulting Mary Jane Callaghan 201-934-1818 ext. 201 maryjane@efallc.com • Retirement Planning • Investment Planning* • Charitable Planning • Estate Planning ���������� ������ 15 N. Spruce & Carol Sts. Ramsey 201-818-4880 (Next to Walgreens) �������������������� *Securities and Advisory Services offered through Commonwealth Financial Network, Member FINRA/SIPC, a Registered Investment Adviser. 300C LAKE STREET • RAMSEY, NJ 07446 • WWW.EFALLC.COM ������������ �������������������������� �������������������������� ����������������� 4-14-10 Karen/Janine EvergreenFinancialColor2x2(4-14-10) 2 x 2” Rev1 ������������������� ������������������������ ����������