SALEM | The Planning Board rejected plans to allow a kennel for 28 dogs and cats at a 2-acre residential lot on Galway Lane, citing health and safety concerns for neighbors.
The decision capped an almost yearlong debate over whether the town should allow Tom and Donna Richard to convert a duplex home in a rurally zoned neighborhood into a business they called Furry Friends.
Neighbors have been protesting the plan since its inception in late 2006, saying it would lessen their property values, and perhaps create unwanted noise and disease from an abundance of dog waste.
"These are long-term residents here who had quite a bit at stake," said Keith BelAir, a neighbor of the Richards, who protested the kennel.
BelAir, who lived in the Richard home years ago, said the couple seemed to view the house as only an investment, without first considering whether it was viable for a residential neighborhood.
"They had no connection to the neighborhood," he said. "They figured it was a good place to do this and there was not a lot of consideration of what it would do to us — and we took offense to that."
But the effort to build the kennel on Galway Lane may not be over. The Richards could appeal the decision to Superior Court, a move many town officials are expecting, given the project's history so far. Board members voted against the kennel, 6-0, with board member Robert Campbell abstaining.
The Richards' lawyer, Thomas MacMillan, said yesterday appealing the decision might be his clients' most viable option, but the couple is still considering what to do next.
"They're more than a little disappointed, not only with the decision but with the way it's been handled," MacMillan said.
Since December 2007, MacMillan said, his clients spent a considerable sum paying for traffic consultants, an environmental study and other expenses to answer the concerns of the Planning Board and neighbors. The state also approved a septic system plan for the business.
"They have spent a lot of money in doing it, and I think they've addressed every viable issue," MacMillan said.
The decision Tuesday was the second time the Planning Board has rejected the Furry Friends plan. In February, the Planning Board turned down the Richards' plan, saying the kennel was not allowed in a rural district. But that opinion was contrary to the interpretation of the town's attorney, according to Planning Director Ross Moldoff.
"The permitted uses in rural district include kennels, nurseries and greenhouses," Moldoff said. "Our interpretation (by the building department) was it was a permitted use, and we confirmed that with our attorney."
The Richards appealed the decision to Salem's Zoning Board of Adjustment in April, which agreed with the attorney that it was an allowed business. Throughout the process, Furry Friends has been downscaled and changed in response to concerns heard at a number of hearings, according to Moldoff.
The couple initially proposed having 70 animals on the property and keeping animals outside. Later, the applicants whittled the number of animals down to 50, then 28, and decided to keep animals inside.
In the most recent application, the Richards supplied the board with a five-page operation manual that covered waste disposal, overnight monitoring and soundproofing walls, Moldoff said.
Planning Board Chairman James Keller said the board wrestled with ensuring the business would not pose health or safety risks to the neighborhood. The possibility of dogs getting loose while being dropped off and having the business open on weekends were among the concerns the board had, he said.
In recent years, residents have voted to clamp down on allowing businesses within residential areas.
Keller said it's rare the board denies a plan, and the decision wasn't made lightly.
"It's important to note we had a half dozen meetings and we went to great lengths, and the applicant went to great lengths, to make it work," Keller said. "But, in the end, the project just didn't fit."