Zoning Board of Appeals, October 3, 2013-LUDDY

TOWN OF HOLDEN

ZONING BOARD OF APPEALS

RYAN P. LUDDY                                                                                                  CASE NO. V 1307  

The Zoning Board of Appeals held a public hearing on October 3, 2013 at 7:00 p.m. in Memorial Hall in the Town Hall, 1196 Main Street, Holden, MA on the Petition of Ryan P. Luddy for property located at 512 Main Street for a VARIANCE for a kennel license.

Members in attendance:  R. Spakauskas, R. Fraser, F. Lonardo, J. Deignan and R. Butler.

The Chairman called the hearing to order.  The secretary read the application, findings of fact and one letter pertaining to the case.  

The applicant addressed the Board.  He is currently licensed to run the current day care services; however, his customers have asked several times to have their dogs boarded over night.  The doors will be locked at 7:00 p.m. and open at 7:00 a.m.  

F. Lonardo asked Mr. Luddy to explain his hardship.  Mr. Luddy felt it was a desirable location for boarding and it is already a day care.  

F. Lonardo asked him how he would provide for the last statement of the Engineering Departments comments which was….’the applicant should take provisions to prevent dog waste and/or waste runoff from entering any nearby catch basins or pavement areas which would eventually discharge onto Chaffin Pond’.  Mr. Luddy said all waste will be double bagged and disposed of with a contracted waste removal company and liquids will be cleaned with cloths; there are several washing machines on site.

J. Deignan asked if they provided a fenced in area; it was answered yes.  He also asked if there would be any changes to that and Mr. Luddy said they may add another area in the future.

R. Fraser asked if the dogs were in individual stalls when they are outside; it was answered they could be but they can also be crate free, whatever the owner requests.  He also added they have three separate play areas; one inside/outside and two inside.

R. Fraser also asked if there was a roof on the outside; it was answered no.

Al Sculthorpe, 354 Highland Street, spoke in favor of granting the variance.  He added that his dog has been to this day care and the people who work there spent about an hour to integrate his 20-poound dog with the others.  He also said it would add another business for the Town.

R. Butler asked if the walking areas would be paved; it was answered no.

F. Lonardo expressed concerns with the applicant not justifying the hardship and, therefore, made a motion to continue the hearing until the next meeting of the Zoning Board of Appeals.  He also suggested the applicant discuss this matter with Dennis Lipka, Building Commissioner and Zoning Enforcement Officer, to rewrite question #1 of the Findings of Fact.  J. Deignan seconded.  Vote 5-0, motion approved.

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                                                Ronald E. Spakauskas, Chairman