Page 4 THE VILLADOM TIMES IV • January 26, 2011 Mahwah Stag Hill fowl case ends in municipal court by Frank J. McMahon The legal battle between the tenant and the Stag Hill property owner who has received 45 summonses since 2006 for violating municipal board of health, property maintenance, and planning and zoning ordinances ended with a plea agreement in Mahwah Municipal Court. Tenant Jonathan DeMarino and owner Rommel Mondejar recently appeared before Mahwah Municipal Court Judge Anthony Gianni. DeMarino pled guilty to 12 of the summonses as part of an agreement in which the summonses were amended to apply entirely to DeMarino as the tenant and none to Mondejar as the property owner, and the remaining summonses were dismissed. The plea agreement was reached between Municipal Prosecutor Dennis Harraka and DeMarino’s attorney George Cotz, with the agreement of the current and former code officials, Judge Gianni, Mondejar, and DeMarino. The summonses were issued for keeping chicken coops too close to the property line, allowing chickens and roosters to run loose, allowing dogs to run loose, keeping an unregistered vehicle on the property, and failure to obtain a zoning permit. Judge Gianni levied fines for each of the violations, which totaled $2,650 plus $396 in court costs. Gianni obtained a commitment from Cotz, to remove all the chickens and the chicken coops from the property by March 15. Cotz advised Judge Gianni that his client is out of work due to a back injury and is only receiving disability checks, but he will pay the fines if he is given time to do so. The attorney he said his client could pay $100 the next week. Gianni asked when he would pay the balance of the fines and court costs, and Cotz advised that DeMarino would pay the balance within six months. In addition, Cotz agreed that all chickens and coops would be removed, although he said that DeMarino’s neighbor also keeps chickens. Gianni said he is only concerned about the DeMarino property in this matter. Judge Gianni then advised Mondejar that the case was over and that he did not have to pay any fines. The plea agreement ended a four-year dispute that started with summonses issued to DeMarino and Mondejar by the township’s previous property maintenance officer, John Lane, and by Thomas Mulvey, the current property maintenance inspector, in response to complaints by neighbors. The summonses cited them 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, using residential property for an agricultural purpose, and for having chicken coops too close to the property line. Helpful Hints Helpful Hints from Peter Says... ome DeMarino allegedly had hundreds of roosters and hens in multiple coops, some of which were within five feet of the property line, in violation of the township’s zoning ordinance. He appealed that violation to the zoning board of adjustment, claiming his use of the property for raising chickens and roosters for his family predated the 1946 effective date of the township’s zoning ordinance. The board denied that application because Mondejar, DeMarino, and Cotz failed to appear at a scheduled public hearing of their application without providing the board with an extension of time in order to make a determination in the matter as required by the Municipal Land Use Law. Board member William Dator, who made the motion to deny the application, explained that Mondejar and DeMarino had failed to prove the property had been continuously occupied by residents who had raised chickens there prior to 1946. Mahwah Zoning Board Attorney Ben Cascio explained that it was incumbent upon Mondejar and DeMarino to show that their property was used to raise chickens, and that the use existed 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 1946. But Dator produced an old property assessment map and claimed that, according to that old tax assessment map, the house on Mondejar’s lot did not exist in 1946 when the township’s zoning ordinance was adopted. He also claimed that the larger piece of property that included Mondejar’s lot was not subdivided until 1950, which was after the zoning ordinance was in effect. Dator concluded that there were no chickens on that property in 1946. “Reverse your ceiling fan motor to drive heated air down into the room” 27 Franklin Tpk, Waldwick Open Sundays 9-3 201-652-5666 Trained counselors from AARP will be at the Mahwah Senior Center on Fridays from Feb. 7 through April 15 between the hours of 9 a.m. to 1 p.m. to assist seniors with their tax preparation forms. This year, participants will have the ability to file some tax returns electronically. Those seeking assistance should call to make an appointment and should bring tax returns from previous years, information about their 2009 earnings (including pensions, 1099s, and Social Security). Free AARP tax program offered All homeowners and tenants must complete a New Jersey return, regardless of their taxable income, if they wish to apply for the Fair Rebate. AARP Tax-Aide is the nation’s largest free, volunteer-run tax assistance and preparation service available to taxpayers with low- and middle-income, with special attention given to those age 60 and older. Call the Mahwah Senior Center at (201) 529-5757, extension 213 or 277, to schedule an appointment. Keeping Families Warm Since 1929. Serving All Your Home Heating Needs Prompt, Reliable Service You Can Depend On, Plus The Personal Attention You Deserve. • Oil Heat Systems Serviced & Installed • Automatic Fuel Oil Deliveries • Tank Insurance Available Cash ts Discougn il n O On Heati s Deliverie 24 Hour 201-891-1000 Emergency Service ����������������������� ������������������� ��������������������������