Villadom Times Weekly Newpaper Online-October 27, 2010 Issue

Mahwah October 27, 2010 THE VILLADOM TIMES IV • Page 7 Plea deal considered in Stag Hill fowl case by Frank J. McMahon A plea deal is being considered to resolve the multiple summonses issued to Jonathan DeMarino and Rommel Mondejar, the tenant and owner of a Stag Hill property, for violating a municipal ordinance by maintaining chicken coops, chickens, and roosters on their property. In a recent court hearing before Mahwah Municipal Court Judge Anthony Gianni, a tentative deal was discussed that would lead to guilty pleas on some of the summonses, while others would be dismissed, and the chickens, roosters, and coops would be removed. Summonses were issued to both DeMarino and Mondejar by the township’s previous property maintenance officer, John Lane, and by Thomas Mulvey, the current zoning and property maintenance inspector, in response to complaints by neighbors. The summonses cite the two men 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, the use of a residential property for an agricultural purpose, and for having chicken coops too close to the property line. “I guess it’s fair to say we agreed in principle,” George Cotz, the defendants’ attorney said of the plea deal, “but we actually haven’t agreed.” Cotz explained that there are some legal issues that need to be resolved before a plea agreement can be finalized. He referred specifically to the issuance of multiple summonses for the same offense under the township’s ordinance, which has a provision that permits daily fines. According to Mulvey, a status conference will be held prior to the next scheduled appearance in court to determine the summonses to which the defendants will plead guilty and those that will be dismissed. Under the tentative plea agreement reached between Municipal Prosecutor Dennis Harraka and Cotz, with the agreement of Mulvey, Lane, and Judge Gianni, Mondejar and DeMarino have agreed to remove all the fowl on the property within 90 days along with all the coops on the property in return for the dismissal of some of the summonses while they plead guilty to the others. The tentative plea agreement is expected to be made permanent at a Nov. 4 court hearing. DeMarino allegedly has hundreds of roosters and hens in multiple coops on his property, some of which are currently within five feet of the property line in violation of the township’s zoning ordinance. He appealed that zoning violation to the board of adjustment, claiming that his use of the property for raising chickens and roosters for his family predates the 1946 effective date of the zoning ordinance. Mondejar, DeMarino, and Cotz were not present at the previously scheduled public hearing of their application, and they had not provided the board with any extension of time to make a determination in the matter, which is required by the municipal land use law. As a result, the application was denied without prejudice, meaning that another application could be made to the zoning board in the future. Board member William Dator, who made the motion to deny the application, explained that Mondejar and DeMarino failed to prove their property had been continuously occupied by residents who had raised chickens there prior to 1946. According to Dator, the property in question was undeveloped in 1945, and Zoning Board Attorney Ben Cascio explained that it was incumbent upon Mondejar and DeMarino to show their property was used for the raising of chickens, and that the use remained without interruption since 1945. During the public hearing before the zoning board, Cotz produced several witnesses who testified that there were chickens and roosters on that property prior to (continued on page 9) �� Hair Care Family � �� OUR NEWEST STATE OF THE ART DENTAL OFFICE �� GLEN ROCK PLAZA �� 266 Harristown Rd, Suite 102, Glen Rock �� 201.345.5621 �� www.exceldentistry.com �� LASER & COSMETIC DENTISTRY �� FOR THE ENTIRE FAMILY We Offer Oral Sedation FULL SERVICE DENTAL CARE • Porcelain Veneers • Implants • Teeth Whitening • Oral Cancer Screening • Periodontal Treatment �� • Orthodontics • Invisalign (Invisible Braces) � � � � �� Mayra Modesto-Garrido D.D.S We Offer Line Of Credits And Financing Plans Free Consultation • We Accept Most Dental Insurance ��