Page 4 THE VILLADOM TIMES IV • October 19, 2011 Mahwah Pending Flyte Tyme case clouded by summonses by Frank J. McMahon The fate of Flyte Tyme Worldwide Transportation’s application to the Mahwah Board of Adjustment has become unclear because of summonses issued to the current tenant of the property. Flyte Tyme is seeking the board’s interpretation of the township’s zoning code to determine if the company may park buses and vans on the Lukoil service station at the intersection of Franklin Turnpike and Stephens Lane. Flyte Tyme is headquartered in Mahwah and provides transportation for companies that require on-demand car service for frequent trips. The company has an agreement with the Lukoil tenant to park seven vehicles on the site each night and have them inspected and refueled every morning. Gary Montroy, the township’s administrative officer for planning and zoning, has made a determination that the company’s practice of parking its buses and vans on the Lukoil property violates the township’s zoning ordinance. Flyte Tyme has filed an application to the zoning board challenging that determination. In an Oct. 3 letter to the zoning board, Montroy advised that the township’s property maintenance officer, Thomas Mulvey, has issued summonses to Sam Ell Ahi, the current tenant of the service station, for not having a certificate of occupancy for the existing use, and for not having an updated tenant application. Montroy claims in the letter that the current tenant of the service station had said he would not be using the bay portion of the station, but is now selling tires from the bays. The tenant has been informed that he must apply to the planning board for approval to use the bays for the repair of the Flyte Tyme buses. “Please be advised that as of this date summonses are being issued to the tenant,” Montroy told the zoning board, “and his certificate of occupancy issued under the tenant approval process is revoked.” Zoning Board Attorney Ben Cascio said he was not sure of the meaning of Montroy’s letter, but it appears that he is saying that the certificate of occupancy that was issued did not contemplate the use going on there, so he is revoking the certificate of occupancy for the entire site until the issue is clarified. “If what he is saying is true, the property owner may need a use variance,” Cascio told Antimo Del Vecchio, the attorney for Flyte Tyme. Del Veccio responded that the use of the property as a service station is permitted, although board member Geoge Cimis pointed out that it is a conditional permitted use. Nevertheless, Del Vecchio said the only issue before the (continued on page 10)