Several homeowners on Joliet Road and surrounding areas celebrated a victory after the Westfield Board of Zoning Appeals denied a special exception to allow a kennel on the residence of 19606 Joliet Rd.
“This is fairly clear cut with conditions from the state,” BZA President Dan Degnan said, adding the proposal intrudes the enjoyment of other properties.
The special exception requested by Jennifer Fodera was the result of an existing land use violation that was brought to the economic and community development department’s attention by neighbors. The department inspected the property on May 27 and met Fodera, who recently acquired the property and said they were operating an animal rescue, All About Dogs Rescue, Inc. Fodera said the rescue opened May 15 but the family did not move into the home until two weeks later because she said work had to be done inside the home.
The nonprofit rescue is part of the 6.5 acres of Agriculture-Single Family Rural zoned property which includes a residence. Fodera said the property currently has 26 dogs on site. If approved, the rescue planned to build an $11,000 sound-insulated shelter to house up to 12 rescue dogs and six personal dogs.
“(The pens) would be 50 feet in length, covered from weather and would prevent the dogs from seeing each other,” she said. “We feed 8 to 9 a.m. and 4 to 5 p.m. to not interfere with anyone.”
According to senior planner Andrew Murray, the City of Westfield considers a kennel anyplace that has four or more dogs or small animals and is only permitted as a special exception.
“Against the rules is against the rules, regardless if there were complaints,” said Martin Raines, BZA member.
The O’Malley family, who live across the street, have had issues selling their home because of the potential kennel and noise from barking dogs.
“This noise is reducing the property value of the area,” Rhonda O’Malley said, adding offers have been retracted due to the kennel.
“People can adopt dogs, just not across from our house,” Rhonda’s daughter, Morgan, said.
More than a dozen neighbors spoke of their displeasure with the noise pollution coming from the residence.
“I think we are all entitled to peaceful living at our homes and this is not peaceful living. It’s a residence not a commercial dog facility. I’m totally against it,” neighbor Clyde Reilly said.
“I love dogs; however, we’ve been hearing a lot of barking one-third to a half-mile away. It carries big time,” Mark Hopper said.
Myra Wilson said her husband works 10- to 12-hour days to and comes home to barking.
“I find the rescue shelter a noble cause; however, I do not believe on Joliet Road is the right place for a rescue shelter. The barking is not just one or two or three dogs, it’s multiple high-pitched stress-filled dogs,” she said.
“Noise is the issue I think you’re going to hear that from everyone tonight,” Joseph Peyton said. “I want to know the town’s plan of action to enforce this. I’m concerned about the follow-through once the decision is made.”
City officials said the petitioner has 30 days to appeal the decision. With the BZA denial the use of the property will be required to cease use as a kennel.
