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Zoning board hears testimony on kennel

By Amy Zalar 6 min read

The Fayette County Zoning Hearing Board heard testimony Wednesday relating to a request by a Luzerne Township couple to receive zoning approval for an animal rescue operation they have been operating for years, most recently without a state license. Rollin “Mike” and Paula Barber are seeking a special exception for specialized animal raising and care for an animal rescue and placement facility on property zoned A-1, agricultural. The zoning hearing board has 45 days to rule on the request.

The Barbers were previously denied a special exception and appealed the case to the Fayette County Court of Common Pleas. It was remanded to the zoning board.

The operation, called Faithful but Forgotten Friends Animal Rescue and Placement Inc., is located on Route 166. The Barbers own 30 acres, and the kennels are on 20 acres in Luzerne Township. Another 10 acres of their property is in Redstone Township.

The kennel is currently operating without a rescue license from the state, although Paula Barber said a rescue license is pending.

In asking the zoning hearing board to consider a conclusion to an issue that has been before them for more than a year, Jack Purcell, solicitor for Redstone and Luzerne townships, proposed reaching a “middle ground.”

He suggested limiting the number of dogs to 50 to 70, including pets, and putting the dogs inside at night and closing the doors and windows. Purcell also said the kennel should not be operating without a license, although no one addressed what should be done regarding the violation. Barber said the license is pending, and there is little they can do to speed up the process to receive the license, which expired at the end of 2005.

During Wednesday’s testimony, neighbors of the Barbers testified that the noise from the dozens of dogs at the site is preventing them from enjoying activities at their homes.

Bruce Rechichar, who lives across the street, said he moved into his house 26 years ago for peace and quiet and now he said, “The noise is pushing me almost to the edge.”

Rechichar said he does not have air conditioning and has to open his window to sleep. He said at night the dogs are placed in the kennel but the doors and windows of the kennel are left open and he can hear barking.

“I want it to end,” he said. “I hope none of you ever have to go through what we have to go through.”

Barber testified that in addition to the rescued dogs that are being housed there, she has 21 “personal dogs” that are owned by various family members. The personal dogs are all licensed, Barber said, and not kept with the rescued dogs.

Throughout the testimony, which began in the morning and concluded in the afternoon, references were made to other issues at the site. Barber said vandalism has occurred and animals have been killed.

Neighbor Henry Friend produced a digital photograph that he took Tuesday night in which the Barbers are walking along Route 166 carrying a firearm. Friend said seven shots rang out Tuesday night, although he said he didn’t know who fired the shots. He said he believed the shots were done as an “intimidation tactic” to keep the neighbors from testifying at the hearing.

Friend also played an audiotape of dogs barking for the zoning board members. He testified that the Barbers have moved the outside kennels from the front and side of the facility to the back, but they are above the elevation of the main kennel building and that hasn’t helped with noise.

“They hammer us at all hours. We can’t sit in the yard and enjoy an evening without dogs barking,” Friend said.

Friend said he has had problems with cats roaming the neighborhood and said there are ducks and geese that roam outside the exercise yards of the dogs, causing the dogs to bark. “We love animals and love to see them taken care of, but when dogs are in a frenzy, they are not being taken care of,” Friend said.

Friend said there are very few times when there is no barking and expressed concern about the cleanliness of the site, adding that the site is in disrepair.

Friend said the site has been better since they employed Derek Miller, but, before, the pens were falling down.

Miller, who has worked at the kennel for about two months, testified that he cleans the kennels daily.

“Every day the place is clean,” Miller said, adding that he uses bleach and soapy water to clean the site.

Miller said he also picks up animal feces and either places it in bags for disposal or uses it for compost. When asked about insect and rodent prevention for the animals, Miller became agitated and said they don’t have rodents and he wasn’t sure about the procedure for flea, tick and other infestation.

Barber said all animals are treated for parasites, immunized and spayed or neutered.

Friend asked that the shelter be run like other shelters, where animals are put inside at night and put outside with limited runs. “For what you spent fighting everybody, the whole operation could have been done right,” Friend told Barber.

Warren Murgel said he is concerned about a decrease in property values, saying it would be difficult to sell a home that is near a bunch of barking dogs.

Ed Buchheit, who lives about a quarter-mile away, said he doesn’t believe he and the other neighbors deserve to live with the noise. He said hearing the barking dogs gives him that climbing-the-wall feeling, and one time he was bumped by a gate and went to swing at it after being agitated by the dogs barking.

Barber said she is willing to install a privacy fence and has moved kennels in an attempt to appease neighbors.

“We are trying to accommodate and give credence to neighbors’ complaints about barking,” she said. “We can’t eliminate all barking, that’s impossible.”

While she waived making a formal summation, Barber said they are willing to reach some kind of agreement, such as keeping the dogs indoors at night, with the exception of the ones that must be kept outside. She said they would plant trees or install fencing.

Zoning hearing board chairman Mark Morrison said it isn’t uncommon for the board to direct businesses to put up sound barriers if requests are approved. He frequently acted as a mediator during the testimony, even asking the two sides if there is a compromise that can be reached. Morrison, an attorney, said he was concerned about the accusations of animals being killed, shots fired and vandalism taking place at the site. He said he also is concerned about people picking up guns.

“This type of behavior only leads to jail or the graveyard, especially when someone picks up a gun,” Morrison said.

Morrison said he hopes someone would not want to kill someone over a barking dog, adding that he has seen people killed over DVD players, which doesn’t say much about only putting a $150 value on someone’s life, he added.

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