Zoning Board of Appeals - Regular Meeting

Follow this meeting of the Middleborough Zoning Board of Appeals to order. First item on our agenda is to announce that the meeting is being recorded for Mass General Laws section 30 a, section 20 f. Item two will be to remove, approve the minutes of 03/26/2026. The motion? So moved.

Second.

Motion made and seconded. All those in favor? Aye. Opposed? Motion carries unanimously.

We're gonna take item four out of order only because it's a continuation. So we were originally gonna hear the Brandon Berry Pavestone, 18 Colin Drive, Map 103, Lot 4989 in regards to a special permit section four point section four point five point three and five point three point thirteen The middle bar is zoning bylaw to allow for the construction of a 40,000 square foot commercial warehouse along with retaining wall and associated site work. This hearing was a continuation of 03/26/2026. And we're going to continue to what date?

April 23.

April 23. We have a motion to continue to 04/23/2026. So moved. Second. Motion made and seconded.

Discussion on the motion? Hearing none, all those in favor? Aye. Motion carries unanimously. Next, we will hear the petition of Debbie Conroy, 24 River Street, Middleborough, Mass 02346, relative relative to her request to be granted a special permit pursuant to section 3.1 d three of the Middleborough zoning bylaws to allow for a commercial kennel license for her own personal use.

The subject property is located at 24 River Street, Middleborough's assessor's Map 004, Lot 3852 in the Industrial District. Declare the hearing open. The floor is yours. Good evening.

Good evening. How are you?

Good, Jeff. How are you?

Thank you.

Last we left off, you were going to have a site visit.

Yes.

And we were going to

Some recommend Compliance. Were made by the board which have all been completed. One's being completed tomorrow, but all recommendations have been completed.

Okay. Did you get a copy of the letter that the animal control officer had sent me?

Yes. Did. And I wrote a rebuttal. Did you get that reply?

I did get the rebuttal.

Yes.

Did you want to go through your letter or you want to how do you want to handle that?

However you guys would like to handle it if you would like me to provide you with

Oh, why don't we just go why don't we go through the letters and

then Okay.

Hang on. Does somebody wanna read the other one into the record, and then we can go through hers? Or how do you wanna proceed with that?

You wanna read Maddie's?

You wanna read Maddie's?

Maddie's letter into the record, and then we can we'll follow with the rebuttal.

I'll read.

If you want to. I appreciate it.

To Robert Whelan, building commissioner Patricia Cassidy, Conservation Agent Michael Bumpus, Superintendent of Water Department Christopher Peck, DPW Director, Fire Department, Historical Commission Kayla Smith, Health Officer Liam Bradley, Director of Planning and Community Development Michael?

Borenberger.

Borenberger, PE Town Engineer, Zoning Board of Appeals from Madeline B.

Barrio.

Barrio, thank Animal Control Officer, date 04/08/2026 regarding commercial kennel license application 24 River Street, Debbie Conroy, 20 Six-two. On 03/31/2026, I conducted a follow-up inspection of the property located at 24 River Street with zoning board of appeals members Nancy oh my

goodness. Kafalos.

Kafalos and Joseph Mandale along with Leanne Bradley, director of planning and community development and animal control. Person to the reinspection, I recommend that the town issue a personal hobby kennel license limited to a maximum of nine dogs rather than a commercial kennel license. This recommendation is made pursuant to the town's authority under Massachusetts General Laws Chapter 140 Section 136 A through 137 A, which govern kennel licensing including the requirement that a person maintaining a kennel obtain a license specifying the type of kennel and the maximum number of animals that may be kept. The licensing authority must ensure compliance with standards that protect animal welfare, public health and sanitation following inspection by the animal control officer. The recommendation is based on the following findings from the inspection.

Caregiver capacity. The property currently houses 17 dogs, including three pregnant females. Tally, due 04/19/2026, Leah, due 04/23/2026, and Poppy, due 05/06/2026 along with seven weaning puppies. The operation is managed primarily by a single caregiver with only limited assistance from her mother. The staffing level is insufficient to meet the daily demands of care, monitoring and supervise supervision required for a population of this size in a breeding environment.

Sanitation and public health considerations, maintaining proper sanitation for a kennel of this scale requires frequent and consistent cleaning to manage waste, control o odors and minimize the risk of disease transmission. Current conditions raise concerns about the ability to sustain adequate sanitation standards necessary to protect both animal and public health as required for commercial operations under applicable state regulations. Animal welfare and enrichment, adequate socialization, exercise and environmental enrichment are critical to the physical and behavioral health of dogs. Observations indicate that due to limited staffing, the dogs are primarily housed in crates and released into fenced areas primarily for elimination with insufficient structured interaction or enrichment activities. This situation raises concern regarding compliance with humane care standards.

It was observed that the dogs crated within the garage did not have adequate access to water. Breeding and whelping demands. The presence of multiple breeding dogs, including three pregnant females, substantially increases the level of care required. Whelping and neonatal care demand continuous monitoring specialized facilities and experienced oversight, demands that appear to exceed the current operational capacity of the property and available personnel. Scale of operations versus property capacity, the current number of dogs exceed what can reasonably be supported on the property without compromising standards of care, sanitation, supervision and overall animal welfare.

A reduction to the limits of a personal hobby kennel license would better align with the demonstrated capacity of the caregiver and the site. Operational and business practices. Puppy seal transactions have been observed to occur on a cash only basis. While not prohibited by law, this practice may reduce transparency and accountability raising questions about whether the operation is structured and managed in a manner consistent with the expectation for a regulated commercial kennel under Mass General Law chapter one forty. In light of these factors and consistent with the town's responsibility to specify the type of kennel and maximum animal limit on the license following inspection, mass general law chapter one forty section one thirty seven a, issuance of a personal hobby kennel license with a maximum of nine dogs would would more appropriately reflect the operational scale, ensure adequate standards of care, and promote compliance with state and local requirements for animal welfare and public health.

Please let me know if you require any additional information or clarification regarding the inspection findings. Thank you. Madeline

Berrieau.

Berrieau, animal control officer, town of Middleborough.

Thank you, Sam. You care to respond to that the concerns in that letter? I know you've written it down. Do you wanna go through it? Or

I I would love mine to be read into the record, my rebuttal.

Okay. We can do that as well. Letter is from Debbie Conroyd stated 04/09/2026 in regards to Madeline Valero's 04/08/2026 memorandum in regards to chemical license application, 24 River Street, Debbie Conroy, comment number 26Dash02. On 04/08/2026, a memorandum was submitted to those addressed above by Madeleine Burial and detailed recommendations based on the follow-up inspection of the property located at 24 River Street and submitting the memorandum, mainly, Britta, neglected information that had been provided to her in the doing of the misdirect in doing so, misdirected those addressed with her reasons and recommendations. In an effort to correct the misconceptions ahead of the decision being made based on what was published by Madeleine, the following information has been compiled to address the publishing findings in regards to caregiver capacity.

It was called it was cited the operation is managed primarily by a single caregiver with only limited assistance from her mother. While the main management of this program is performed by myself, there is much more assistance provided than what is listed. In addition to the limited assistance from my mother, which includes complete basic care of dogs as well as monitoring of overnight operations, my adult son, multiple hired hands, as well as several task as well as several task based assistance visit the property property regularly. My adult son also lives in the house and oversees basic dog needs and assists my mother in supervision of overnight operations as well as when I am away from the property. At this time, we have two paid helpers that assist in the day to day care of the dogs and grounds as needed.

We also have task based assistance that, as needed, generally at least once per month, we have a groomer visit to assist in the bathing and grooming of animals under our care. We also use outside professional groomers occasionally as needed. Additionally, trainer often comes to work with our younger dogs on a rotating basis on their individual training needs such as leash manners, recall, basic obedience, etcetera. Was that information made available at the site visit?

She asked if I had additional and I said yes. Have some girl that is there every morning. My son lives here, but I mean, like I said, she I said, I also have a woman that comes and trains. Of course, my I brought two of them with me. I and I brought my son as well with me. I mean, can't bring one of my kennel helpers because she's there while I'm here.

Okay. So I'll I'll continue. Mhmm. In regards to Madeline's assertion that the staffing level is insufficient, it is of note that most of the recent discussions regarding Ollie's law regarding staffing requirements for commercial boarding facilities only stipulates that two staff members be on the premises at all times regardless of the facility style if more than four animals are present, and that the ratio of staff to animals is a one to one fifteenth in a com commingled playgroups. I have attached the minutes of Ollie's Law Advisory Committee meeting minutes of 08/09/2025 to this which discusses staffing levels found on the state's website.

Here's the web address. However, in regards to our program, our playgroups are generally limited to more than four dogs per outdoor area, which has been previously found to be well balanced. Our dogs are currently nurse, I. Our senior dogs and currently nursing mother dogs, parentheses. In most cases, the dogs are let out alone or in pairs to separate paddock to separate paddocks with a maximum of 10 dogs total across the outdoor areas of the property at one time.

This is well below the standard of care under a single person. And as I stated before, there are normally at least two people present at a given time. Additionally, Ollie's law does not apply to my situation as I am not a business day care, boarding, or training facility. In regards to sanitation and public health considerations, this section outlined the extreme importance of cleanliness and sanitation, but does not provide any details beyond current conditions raised, concerns about the ability to sustain adequate sanitation standards. Phrasing of this section promotes a misconception that our facilities are not maintained or that the continued maintenance is not suitable, both of which are untrue.

Our paddocks are routinely cleaned after the dogs have utilized them as well as the crates cleaned promptly if any accidents are made in the kennel area is cleaned in cleared cleaned of shredded fur and dust as it accumulates by the removal of crates while the dogs are outside in the paddocks. Puppies are introduced to litter boxes once they are able to walk and are generally adept at using them within a week of introduction and accept in accepted minor accidents due to their young age in which, excuse me, which is within which is clean thorough throughout the day. The system has proven to be sustainable as it has had no impact on public safety nor have we experienced any instances of commonly transmitted illnesses among our dogs. I'm happy to request a statement from our veterinarian on the lack of on the lack of instances of kennel cough or any other contagious ailments if necessary for those to be added. In addition, as a testament to our ability to maintain sanitary conditions, we host two health clinics yearly for fellow breeders.

These OFA approved health clinics with specialized veterinarians that evaluate eyes and hearts depending on the purpose of the clinic to address concerns that could be potentially inherited faults. In the past, during these clinics, we have had we have been able to accommodate dogs exposed to highly contagious illnesses such as kennel cough with zero transmission to our own animals nor any other animals in attendance. We provide ourselves we pride ourselves, excuse me, in minimizing biosecurity risks and the assertion made otherwise is entirely speculatory and unfounded. In regards to animal welfare enrichment, as a discussion previous as discuss as discussed previously, Madeleine appears to have a flourished I said what? Okay.

Madeline appears to have a flourish for making assertions without evidential findings. Our dogs receive enrichment in a variety of ways that cannot be highlighted during a brief walk through of the property. We have a variety of people that come through, family, friends, contractors, occasionally potential puppy parents, and families. A trainer that works with our works with some of our dogs for our lab's diversity of people coming through the property is extremely enriching. Also includes a long list of achievements of our dogs have accomplished.

Solely within AKC as well as other training activities we attend with our dogs such as shows, walks, hikes, road trips, swimming, etcetera. Our dogs live very well rounded and rich lives. A large paddock area, the dogs are exposed to generally have a variety of toys inside each of the dogs to utilize as they desire. Though they might not have used them at the time of the inspection due to having been out previously, which was mentioned during the walk through, that the dogs had already been out and it would it was their downtime. At no time did any dogs appear to be in distress or lacking of basic socialization.

Actually, quite the contrary. When you let them out, greeted they greeted the visitors with happy attitudes and followed me out to their paddock area without even a bark. I even recall the one woman commenting on how beautiful they were. Additionally, in the summer months, the dogs have pools in their paddocks. In regards to breeding, while it has stated demands that appeared to exceed our current operational capacity, again, no actual evidence was provided, The pregnant girls with puppies are constantly monitored as mentioned above with multiple people being present at the home.

The puppies are handled daily and exposed to early neurological stimulation, parentheses, ENS, or Biosensor or the Biosensor program, AKC, super puppy training from almost birth. When we expect multiple litters in short time, which happens occasionally due to dogs cycling in similar patterns and syncing up with each other similar to human females. Our vet is always ready and on standby when we have a pregnant girls. Furthermore, we are familiar with several emergency vets in case the need occasionally in case of in case the need. Occasionally, we we will do planned c sections for litters that are extremely small or large.

We meet all the demands of the breeding and whelping, and with very few puppies lost over many years, we take any loss extremely serious. Never have we lost a female due to whelping related complications, thankfully. Multiple girls were noted as being pregnant, which is true, parenthesis. What isn't noted or asked is all those litters were born if all those litters were born on the property. During times of closely anticipated litters, my daughter, who currently resides in New Hampshire, will occasionally assist by bringing a pregnant mom into her home to well keep them until they are able until they are stable and beyond heightened biosafety risks or as long as needed even though I have the ability and time to whelp all three girls myself, I will most likely have her assist with one of our girls.

We have been breeding Labradors since 2008, well before moving to Middleborough and have always been able to meet the demands associated with breeding and whelping. My waitlist for puppies are normally lengthy in many repeat buyers and referrals. In regards to scale of operation versus property capacity, as stated previously, we are well below the staffing concerns for commercial boarding facilities, which care for dogs and are care for dogs they are unfamiliar with. Almost every dog on the property was wealthed and raised by us, and we are intimately aware with their behaviors and care for their and care considerations far beyond those of what commercial facilities would be abreast of. The total acreage of the property, which is 18 acres, is more than adequate since living here, we have continuously enhanced the property, which we expect to continue to do so with further improvements to our property for ourselves and for our dogs in the future.

Madeline's current recommend recommended number of dogs would be detrimental to our breeding program. It is very common among breeders to raise one to two puppies from a litter until sometimes past a year or older to evaluate and make decisions. Should the dog be found lacking in what's needed for betterment and continuation of our program, they are placed as pet homes by lacking ability and diversity in breeding programs or showing the relations of the lions is a detriment to the breed. My dog's longevity is a huge testament to my program, which would be which wouldn't be capable under her recommendation recommended allowance. In regards to operational and business practices, being framed as lacking accountability due to the operation on a cash only basis is incredibly far fetched.

She herself stated, there is nothing illegal about the operation in such a manner. If that were the case, however, it is also untrue. We do not accept checks if given with if given with enough time to properly clear as well as accepting smaller payments via several platforms, Zilly, Venmo, PayPal. Unfortunately, in today's age, more and more businesses are finding it necessary to limit themselves to cash or APIC transactions to insulate our economic values, our ethic to insinuate that our economic values are unethical, which is what can be readily be perceived within the statement made, you may reduce transparency and accountability based on the decision to operate on a primary, again, not entirely, cash basis is defamatory and shows bias. Mass General Laws reference also has no specific no specifically outlined expectation of monetary management of a kennel.

It reflects more so on the records of licensing. And for reference, I have also attached findings of two AKC audits that were recently performed in 2022 and 2025. These audits take into account both welfare, the animals in addition to the record keeping and maintaining of the breed by the breeder, both of which were found to be in compliance. In light of the errors and misconstr misconstruction of information provided by Madeleine in her memorandum, I request that the town reconsider the recommendations made to remain under a Hobby kennel license allowance. While I while I do not appreciate the connotation associated with the temp terminology of a commercial kennel, it is only currently available option that suits the needs of my of our program.

I would also like to bring to the attention of those addressed that all critiques made from the previous meeting have been addressed and are in the process of actively being addressed, which was not mentioned in the memorandum by Madeleine. Furthermore, I respectfully request that the Kennel license review be based on solely on objective compliance of town and state ordinances. The reviewing officer publicly identifies with an adopt, don't shop advocacy position directly related to dog breeders as evidence of newly updated Middleborough Animal Shelter page, I request assurances that the licensing termination is conducted through a fair, neutral, and impartial process. If any additional questions arise or more information is needed, I will be readily available. Thank you, Debbie Conroy.

Questions from the Board?

I guess I can go if you want. Absolutely, Nancy. So I was there that day.

And Yes, you are.

I can say that we got the pictures that one of the things I addressed was that there was dog bags at the street. I told her that they couldn't be in bags. They had to be in barrels. Barrels. So that now has been addressed. But I also can say, in regard to that letter, I have a few things, but

Okay.

I asked about the dogs being born on the property, and you told me that all three could fit in the living room.

Absolutely.

That's it. That I asked if all three could be born at the same time on that property.

Yes, they can.

And now you're saying that they're gonna go elsewhere.

No, no. Nope. I didn't say they were gonna go elsewhere.

You said they could. But anyway

Right.

There was no water in the outside, Penns. I have pictures of it. I know there wasn't. There was

There was

no we arrived there, let me finish. Mhmm. When we arrived there, you told us the dogs were not out yet as it was raining. I wrote that

down. Incorrect.

Well, I wrote it down. If I wrote it down, heard it. There was no shade or shelter in the outside areas for the dogs. There are let's see. I notated about the water in the garage, the air conditioning and the cooling and the two spaces heaters.

I did mention that this should be a GFI because if you're using the heater and no one's out there and there's no monitoring system that I would be afraid of a fire. I noticed that there was no real interaction with dogs at playtime, even though it was just there. It was just, I don't know if you were nervous, but it just seems like the dogs wanted attention on the visit. Some dogs are like that, some may not, but it just seemed like they were overzealous. Let's see.

When I walked into the house, I noticed a very bad odor, bad foul odor. I really wanted to get out of the house. I even mentioned it to Joe. I it was like wet dog, but stronger. It was really foul. In the room in the garage, it wasn't as bad. But in the garage, I don't know who does this, but the ceiling has fallen down on part of it. There's holes in some parts of the ceiling. There's like cardboard that blocks old vents. They don't go out. One of them doesn't go out. It's just an old motor vent or something. I don't know if the other one does because it was up higher. It's just kind of dirty. It wasn't painted or anything.

It's not clean. I go to breeders all the time. I have a friend that's an AKC champion breeder. I sent pictures to Joe to show him. I know what conditions her dogs are in and I can say it's a drastic difference, a drastic difference. But my friend only breeds one set of litters per year. That's all I have for now, I guess.

Thank you, Nancy.

So, actually, I have a question on the the documents that you provided.

Yes.

So I have 2022 and 2025. Yes. And on number seven where it says record details Mhmm. And I I'm not sure what I'm reading. So

Yeah.

It says litter records in database 47.

Right. The AKC is trying to get everyone to have puppy people that buy puppies register their puppies online at my house. Most people do not want to put their personal information into someone else's computer. So they are given paper forms.

What 47 mean? Is that the most you've ever done? Was that just the year?

Oh, that was probably the year. The forty seven seven puppies would have would have been.

Okay. And then when it says for the record details, it there really isn't any. It says missing puppy numbers.

On the puppy numbers, the AKC has a form. I did not bring it with me, but I'm more than happy to provide you.

No. I'm just asking because then there's one twenty five

Yep.

That has the numbers 32. And there is a list, but there's certainly not 32 on the list. I just wasn't sure what I was looking at here. Because he provided this. Mhmm. I just wanted to know what it meant.

I mean, I can get you the AKC booklet, but I couldn't scan that whole thing in and I really honestly in one day, you don't have the time to read that whole booklet.

Yeah. No. I just wanted to understand what it was trying to tell us.

Yep. I'm more than happy to have you come over and show you all the records and read the AKC compliance book.

So, I mean, I also was on the visit. Mhmm. And and, I mean, there were lot of dogs there.

There's 17 dogs. Animals.

Mhmm. A lot. Did I see somewhere in the records that you say you had two cats also?

Yes. There's two cats. My mother has two cats.

Didn't see them. That's all you probably

No.

They're in her room. They're in her room.

That's fine. That's So, yeah, it's just it's a lot of animals. You know, you had four in the house, three in the house. Correct?

The mother of the litter.

Correct. And the

The 16 year old, the 13 year old, and a five year old.

Okay. So when these new puppies are being scheduled to be born, will this other litter that's currently there still be in there?

No. Those those puppies leave on the seventeenth. They leave? They go to their new homes on the seventeenth. Oh. They'll be eight weeks old on the seventh well, they'll be at 18 old on the fifteenth.

So on April 17.

Those seven puppies that you saw in the back room, in the puppy room

Yeah.

Yes, go to their new homes.

So they're all out on the same day?

Some may be on the seventeenth, some may be on the eighteenth. It's a Friday and a Saturday. I usually allow pickups Friday, Saturday, Sunday morning. Again, I haven't scheduled each person, but they had a puppy visit last weekend and most of them wanted to pick up on Friday.

Okay. And then on then you've got one dog that's due on the nineteenth. Correct. Due doesn't mean it will be on the nineteenth. Right. And then another one on the twenty third. Yes. And then one about two weeks later.

Yes.

Mhmm. So you would have to have all of those in that one room if you were to have them all at your house. Is that that's the puppy room. Correct?

That's usually the puppy room when they're older. I usually have them in the living room just because someone is always in the living room whether it's watching TV or there's couch there. I mean I do have a blow up mattress that I throw down on the puppy room floor if I'm in the puppy room. I've also whelped puppies in my bedroom. They have a whelping pen if you've not seen it, have several of them.

Actually the first time Madeline was there, the puppies were I want to say maybe two weeks old and they were in the living room. It's just a normal place for everybody to sit and gather. So, yeah, usually the living room and then they move as as we start potty training them usually around three to four weeks, they move to the back puppy room and then start litter box training.

Okay.

And then when they're four, five weeks, we start going outside for daily play. Sometimes if it's raining too cold, too hot, we don't go out for that long.

Okay. I don't want to dominate this.

Mr. Chair, so how many puppies do each litter basically?

There is way to know that until they're actually on the ground. Right. But on average We don't x-ray we don't x-ray the girls. Some girls have had one, two, three puppies. Some girls have had up to 10 puppies. You just never know.

When was your last litter?

The puppies that are right there.

And then how many were in with them? Seven?

Seven. Mhmm.

Okay. So if you just did five on average with each of them, so you're having three

An average Labrador litter is usually six to eight.

Okay. Thank you. Just got

a couple questions. By the way, I appreciate your

Thank you.

Thorough email. You weren't

at my house, but you're more than welcome to visit. Same with Sandy. Same with Darren.

I just had a few things here. So you trainer have that comes, is that weekly? Or is it rotating?

Yes. She's right here.

Okay. And you

We we just have we she left me to know where she's at. But she's got done with the puppy. You come where she

You just need to come to

the microphone, please. Yeah. And what's your name? I'm back.

Erin Cornelius, Astro Canine Training. I'm Debbie and I are friends. Mhmm. So she says, hey. Can you come work with some of the puppies? I've gotten this done or that done. They've gotten some collar work, but I need this done. It's not a set schedule because it also depends on the litters and where her litters are at. And this litter, they're all leaving, so I won't need to work with any of them. But if one is if, you know, there's a a puppy leftover or she's trying to decide if they need to be part of a breeding program, whether with her or go up to her daughter's house and they're gonna be there a little longer, I start getting them used to being walked on on leash.

I my favorite place to take the puppies once they're old enough and vaccinated is Tractor Supply because then they get used to being out in public and seeing things that are happening. So that's part of their enrichment. The enrichment takes place. I help her with enrichment. It doesn't all take place on property.

So you're basically a trainer, though?

Yes. Yes. Absolutely, I do training. And so I help her facilitate that to make sure these puppies like, okay, they're staying in the program. They're not really going to work for the program. I'm going move them out. Now this puppy leaves and it's ready to go to a home and has already had some of this basic training done.

Okay. Alright. Thank you. I appreciate it. I I have a couple more questions. So and you said you have two paid helpers. Are they daily?

Yes. Okay. The one girl comes Monday through Friday.

Okay.

The other gentleman, he comes as needed.

As needed? Okay.

As needed. Like, if I have holes that need to be filled, because they're dogs. They dig holes.

Oh, so is he, like, more of a handyman or is he

No. He picks up dog shit too. He will walk the dogs and put them out in kettles. He plays with the dogs. He brushes the dogs. He does not groom the dogs, though.

Alright. So you have one that's that's

full time?

Full time. Yes. Monday to Friday. And, I mean, if you need, I'll show you my Venmo where I pay her every week.

No, no, that's no, that's great. I'm just trying to like put some stuff together. So I'm just trying

to think

because it says here, you're on the second page, second paragraph, the last sentence says, additionally Ollie's law does not apply to my situation as I'm not a business daycare, boarding or training facility.

Correct.

And you've stated that you train dogs there, you sell dogs.

My dogs are personal dogs. No one else's dogs come on my property. All dogs are personally owned by me, bred, whelped, raised in my home. But none are brought in, none are being boarding, none are being trained on my property. My personal dogs are trained by myself. Okay. I'm not training anyone's dog. It's not a business.

Well, I mean, you sell the puppies though. Right? Like

Puppies? That yes. Okay. Do get sold. Yes.

Okay. Just so you know, that's a business.

Yeah. Mhmm. And you pay You

don't wanna refer to it that it's not a business because you're accepting.

Well, yes, it's You are selling a property. Yes. I'm selling a product. Correct.

That's business. And just the and the the last paragraph of your of your email.

Mhmm.

Does your viewing officer publicly identifies with an adopt, don't shop advocacy position directly related to dog breeders as evidence of a newly updated Middleborough Animal Shelter page at request assurance that the licensing determination is conducted through a fair, neutral and impartial process. And I actually looked it up while he was reading it, Darren was reading it. And it says adopt, don't shop encourages people to adopt pets from shelters and rescue groups instead of buying them from breeders or pet shops.

Correct.

So you've like stated exactly the opposite? No, I did not. You said adopt well you did. You said adopt, don't shop relates to dog breeders and this says it doesn't.

No. You've got to come to the microphone. Can speak.

Eren, yes.

Yes, sir. Come to the microphone, please.

People at home

can't hear you.

No, that's fine. I'm coming up. As a background for myself, I've been a veterinary tech emergency veterinary technician for thirty five years. So my life has been dedicated to taking care of animals. And I've had lots of dogs throughout my life.

And and being in the field and seeing the adopt, don't shop message starting to come across, it is damaging to breeders who are trying to keep the line of breeds strong and good. I actually have licensed four purebred dogs, and I purpose I wanted them for a purpose, and that's what I have. I took I read Gebe's letter this morning, and I took it for her to be meaning that it now says adopt, don't shop to avoid and I don't I don't know the exact that she used that you just found that it basically it's encouraging don't buy from a breeder, and I understand what she's saying. She's like, am I being looked at fairly because I'm a breeder and I'm not encouraging adopting. And I I that is that was the intent of what she was saying in her letter is how I

understood it.

So I I can I can read it and I can Can

you read it?

Explain it to you as as I read it. The reviewing officer publicly identifies with an adopt, don't shop advocacy position directly related to dog breeders.

I think she took it to adopt, don't shop directly related to dog breeders as in don't buy from a breeder, shop from it, but I mean all adoption shops.

No, it reads to me as though you are essentially saying that the reviewing officer was basically saying that she was for breeders that

No, don't think that's what she was She was against.

All right.

So I

was reading it wrong.

You are reading it Okay.

It's not

what she was trying It's to kind of for someone that's not in the business, whether it be a breeder, whether it be a veterinarian, whether it be a boarding kennel, the adopt don't shop.

It is. I've seen

it. It's It's

detrimental to the breed, adopt don't shop. Because basically backyard puppy mills

are Yeah. They're and we're doing

stuff to better the breed. Now if someone returns one of my on my website, you can go through my website. Anytime in any of my dogs' lives that I put on this first, they decide they can't care for that dog, don't want it, whatever, I take it back. No questions asked. And I retrain it if need be and place it in an appropriate mong. I've done that three times in the twenty years I've been breeding.

I just wanted to basically like kind of figure out like that is technically a business?

Recently, I believe maybe a day or two ago, the Middleborough Animal Control page has now been changed and that is now the new logo she has up on her banner, adopt don't shop.

Yes, it's to adopt animals from shelters.

Right. But it also they also it used to be like animal control, now it's animal shelter and adoptions or something like that.

Yeah. Again I I yeah.

It can be I would

as a as a federal and town employee, she is supposed to be an unbiased person.

Don't think we She want to assume she is has dogs in a shelter. It's her responsibility to get those and we'd like to adopt those out.

Yes, absolutely.

I think that's what it's saying.

So your comment towards the ACO isn't warranted?

Mr. Chair, if I may say something. It's just about Ollie's Law.

Go ahead, Nancy.

So Ollie's Law, according to this, I sent it to Tammy a little bit ago. An act to increase kennel safety, Ollie's Law. Ollie's Law requires that all cities and towns license all kennels and there are five kennels. Personal kennel, more than four dogs on a single premises for personal use. Two, commercial boarding or training kennel.

Three, commercial breeding kennels. Four, domestic charitable corporation kennel. Five, a veterinary kennel. So personal kennel is on there and is supposed to abide by Ollie's law. I'm just letting you know, effective 06/01/2025, your is not, Your kennel has to abide by all these laws.

Go ahead.

No, Ms. Chi, I just have a question too in regards to the ACO. So the current kennel, has it passed inspection for health and safety standards? Have we received in hand a pass on the health and safety of the standard of the kennel?

Technically no, because all we've got is this memorandum unless we have another respondent. We have the memo stating

the condition.

Yeah, but do we have a

He's made a recommendation. We don't have a pass or fail in that

sense. Well, reading and going over, I don't for me, I don't feel comfortable moving forward without having a pass inspection for health and safety standards in hand to make a motion.

Noted. I

just

Please come forward.

I'm just just because I don't understand. I thought that was all part of what this whole entire process is. And I'm asking so I'm just asking for, like, understanding what the process is.

It is, but I don't see with the ACO that there is PASS inspection for health and safety standards.

I see That was what the

Unless I'm inspection

visit was intended for. And her recommendation was an approval for nine dogs. So I'm assuming that that's an approval.

She's Is given that us the approval? So that's the past inspection?

That's what we asked her to do. Well, that's

what we asked her to do. She came

back at

nine. This is the letter that was submitted.

So if that's I can be reading it in

That's fine.

Again Interpreting it differently, but if that's

There's nothing in this letter

that states that anything has to be augmented other than The number. Yes, the number based on her view of what the capacity would be given the existing conditions.

So I just want to make sure that you understand you are a business. You say that you're not, but you are. You are a business. You need to be registered with the town of Middleborough as a business.

Yes.

So you are a business?

Yes. But

You're in the business of breeding. Correct?

Well, I'm okay. Yes. You can you can also of breeding? No. No. You can you can look at it.

Words in your mouth. Are you in the business of breeding dogs?

Yes.

Okay. And you are raising puppies for sale? Yes. And you do that from your property?

Yes.

Okay. Just want to make sure that's a business. You're you're running a business out of your home. Okay. And you are. Right. And It is. And that's Okay. And this license that we're discussing tonight would be to license you

As a commercial? Do that. Yes.

Yes. Okay. Yes. Several times you stated you're not a business, but you absolutely are. Don't want everyone to be confused.

Okay. So it's the wording of commercial business. If you read the definitions in math in the the law that she quotes, would you like me to read it? Yes, because I print I printed it out. The definition of commercial so there's commercial boarding and training establishment and there's commercial breeder.

A commercial breeder kennel is an establishment other than a personal kennel engaged in the business of breeding animals in exchange to wholesalers, brokers, pet shops in return for considerations, not me. However, if you continue to read down to personal kennel, it is identified under mass state law, a pack or collection of four or more dogs three months or older owned and kept under a single ownership for private kennel use provided that breeding of personally owned dogs may take place for the purpose of improvement, exhibiting, showing and breeding for the use in legal sporting activities and other personal reasons, provided that the sale, trading, bartering and distribution of such breeding from a personal kennel shall be to other breeders, individuals by private sale only, not to wholesalers, brokers, pet shops provided further that personal kennel shall not sell, trade, barter, distribute a dog not bred from its personally owned dog and provide further that dogs temporarily housed at the personal kennel in conjunction with an animal shelter or rescue registered with the department may be sold, traded, bartered, distributed if the transfer is for non profit. So of course, a personal kennel by mass law, which is what she keeps, but I applied for it because you don't have the town doesn't have the differentiate, it's kennel and then its commercial kennel by number of dogs, which is fine.

So I have to apply for a commercial kennel. So that's why we were having the discussion about the different wording So of it's the panels. Correct. Correct.

But all of those are still businesses. There's nothing

I'm not negating that I'm just trying to clarify what type of commercial

Understood. What I was asking was we want to make sure that you understand you are a business because several times you stated you're not a business, but you are. What category you fall under the state is still a business. And the license that we're giving you Yes. Is

Or what I have applied for is commercial. Yes.

So I wanted to make sure. It's fine? It's very fine.

Oh, yeah.

Can you

think that up again?

I guess I only have a comment as to your original application. Yes. You didn't mention your employees. You've only briefly stated you and your mother. I'm just curious why that wasn't brought up. Because it hasn't been brought up in the first inspection. It certainly wasn't brought up in the second inspection. And I just I'm at odds as to why that wouldn't have been mentioned at least once.

I don't think it ever asked me until their inspection when they were there. It might have been the other woman that was there had asked if I had I said I do have.

Okay.

Well And I did I mean obviously Mike

It's obviously a key factor in assessing if you have the capacity to care for that many animals by yourself. Previously stated that you work nights.

Yes, I work overnight.

I respect that. Working overnight is a difficult shift, but that and taking care of 17 dogs is a lot.

Not really. Well,

you're a better person than I. I got one and that's enough for me.

Listen, chair. I'm the person that asked the question, and the the answer I was told is not right now. Just her and her mom, and sometimes her son may help if he's home not working. That's what I got.

That is the answer I heard too. I was standing right there. I heard the

Again, would I'm more than happy to

I'm just

No. I I I

have I understand.

Plenty of witnesses that have have seen my kennel helper there.

All we're saying

is You you

If you wanna speak, please come to the microphone. I'll be more than happy to pull

out my Venmo and show you how much I pay her.

All I'm saying is I heard the question asked.

Actually as a matter of fact, I believe I made a post looking for a new kennel helper on Facebook, didn't I? On the Middleborough page. So I mean if you probably search my name, you would find that post when I was looking for a new kennel helper in interviewing.

Okay. Well, our understand the dilemma we have. I've got an AOC who's recommending you have nine dogs.

Mhmm.

I'm only now hearing that you have what you claim to be adequate help. And this is the second meeting and your second or third inspection, second inspection, two inspections?

Yes. But nothing was brought up about anything on that on the first thing. This is now just being brought in brought into the No,

I know. I've got your original application. You don't mention any help at all. I've got when you Is there

a section for that? Did I miss it? Can't remember. I don't have my original application.

There's not an application item list for that, but it would be to your benefit when you're applying for a permit for a kennel license with this amount of dogs. These are the considerations that everybody has to take into account.

Okay. So then I guess I would suggest maybe a better guideline when someone does apply because if it's not on the original application on certain things to apply to to give you, how can I provide you with what I don't know what I need? And I mean, I've went to Tammy, I've gotten the application, the first thing it says is you need to go and see the ACO officer and I stated this at the first meeting.

Sure.

When it was Kelly. Kelly was at the house after I just bought it. I bought it the December 939. So No.

It's 2026, and you haven't licensed a dog.

Exactly. I went to Kelly, and I went by what the ACO officer stated. Then COVID. Then you guys were without a dog officer for several months. Then Kevin was there. Kevin had been to my property not once but twice. And the second time Kevin was at my property he said, you're fine, just put it in and he says, I'll make a couple of suggestions. Then I did that. Then Kevin was gone and she told me we have a new ACO officer which is Maddy. And I attempted to reach out to Maddy after I gave her the application and I

took It's so unclear as to why this took six years.

Mr. Chairman? Yes. So most I understand what you're saying. I completely get it. But most people that like apply for commercial kennel license are just starting their business. You already are established and already have it. So now you're like asking for permission like after the fact, you know what I mean?

Actually went to the ACO before I even went to the town to let her know I was purchasing the house.

Okay.

I actually went there.

But at the time, like

Again.

You probably didn't

I went by what she said. There was a lot of changes in the dog laws at that time.

Okay. Do you have like a letter or anything from when they originally cited you or came and did like a site visit or anything? No. And also to the from the last meeting, there was a thing from the fire department stating that you needed to get a heat detector in the counterpart that's hooked up.

Yes. That has been all sent in to the Board.

No. Is it done? Is it completed?

He actually is installing it tomorrow.

Okay. Who's installing it? Duffy.

I believe Joe knows him. Darcy? Darcy. Darcy. Darcy.

Darcy. Okay. Yes, I know.

I knew it was a D.

So that's like one of those conditional things that has to be done, I guess, for us to be able to approve. Not to overstep my bonds, but to actually be able to approve

He will be there tomorrow. That's

what you're asking for.

When he's scheduled to do it.

Any other questions from the Board?

I have one, and it will actually Joe probably can answer it even better because he's the one that asked the question about the generator.

Yes. I looked into it. There is not a requirement for a generator. So that's not part of this.

I just didn't know where this shared electricity for the well.

I spoke to how it works and

I there's no just want to make sure.

That's a requirement, we shouldn't make that part of this.

Yeah. We haven't talked, so that's why.

Did you want to do a third inspection?

Well, I think we need to see that the electrical

The GFI thing has changed out?

Well, yeah, you need the sensor in there for the heat detector or whatever the requirement was. What's the pleasure of the Board? How do you want to move forward with this?

Well, to be fair, we can allow the ACO to review the response. We can check the two things, how Darcy does on the final, I'm sure it will be done tomorrow.

Did you want to set up an appointment to come by or did you want me to just give you a call and We'll have you come by

have the ACO get in touch with you. That's probably the best way to do it. Yes, it will be her and your schedule.

I don't want to try to work out.

I mean, I don't know if she wants I mean, it was also discussed that they're epoxying the garage floor April 20. That's the date, right? They're epoxying the floor? April 20. I think April 20, there are epoxy in the floor.

Yes, I don't think that was a

So I mean So

I don't think that was

What's in the garage that you're epoxying? Is that what the kennels are kept?

There was a comment made that there was a smell in the garage and it's just concrete, it's concrete slab like every other garage. So what they do with epoxy is they grind off the layer. If there is any odor smell that will be taken away and seal coated and pretty. So that's where all

the kennels are, the crates? The dogs, yes.

And

it won't seep back into the

Right.

That's fine.

Yes. I would say, I mean, the fire department actually might go out and inspect that if it's their recommendation. Captain Dean,

I think you would.

We've talked, Captain Dean and I several times. He said it was just a recommendation. It wasn't a requirement. And I said, well, Joe had made it a requirement at the And he was like, okay. I said, do you have anybody? And I also talked to chief is it chief? He's a chief. He's a chief. Right? Dean that about the fire extinguishers, again, which I they're on the wall they all have the inspection stickers which I also sent. So and that was brought up at the walk through. So again not something that was previously asked

or required. Yes. So basically when those are installed along with the other stuff.

Now going to May, what you think we're be done in two weeks. Doesn't happen until the twentieth, so.

Yeah, as long as it's before the twenty second. Right, didn't you say that it's the twenty

second? Twenty sixth.

It's good until so. Right.

If you can have her agree to sign the extension. Do it in May.

Okay. So to continue this hearing, I have to have you agree to an extension until the twenty third.

Of this month?

This month.

April? Yes. Okay.

Moving we were saying that when is the next time we're going to have her in?

April 23?

April 23.

Okay. That would be why you weren't answering the phone all week. Like she's not answering my phone call. But okay, That would explain that.

So the extension should be beyond that so you have time to be able to Correct.

I'll do the extension when I get to work.

Okay.

Sure. Yep. Not at all.

Does anybody in the audience want to be heard for or against? You got anything to offer? If you don't, that's fine. There'll be another hearing, but

I can't be here on that hearing. Okay.

Well, no. She said it's gonna be beyond the twenty third.

Yeah. No. We continue. We continue.

Oh. I thought he just said there

was something that he he was gonna No. She may have to extend the date beyond that if for whatever reason it doesn't work.

That's all. Decision.

Yes. Have to write the decision. So I need time to do all the internal That's all.

Would just like to be able to speak in favor of seeing how many times I've seen dogs who come out of one dog homes and they're so uncared for. Mhmm. They are not well fed. Their veterinary care, forget it. I can't tell you the number of dogs that if the if towns and ACOs could be standing in an emergency veterinary hospital and tag the people that come in with their dogs who are so not cared for, so uncared for because they waited weeks to come to the vet.

Dogs have been vomiting for a week on end. They had to put the dog to sleep because it needed foreign body surgery and they waited a week. Mhmm. I can't tell you the number of phone calls we've gotten over the years of, well, on my way to the vet because someone so did this, what did they do? This morning, they did this. She's on top of her veterinary care. She doesn't hesitate to take her animals in for care. They're well fed. They're well cared for. They are sheltered.

They are unlike some dogs that are out there, not tied up, not left outside barking all day. And I just think the overall care of these dogs should have just as much weight as the specific things that you're looking for that have been complied with. Mhmm. The overall care of these dogs are beautiful. Whenever I've had her dogs out in public, people comment on them.

They are beautiful, wonderful dogs. And I just like I just want it on record that I feel very strongly that she has a really yes, it's a busy dog household, and I and it's overwhelming for some people, but she has it down to a system, and she makes it work, and these dogs do not suffer for it. And I just like it on record that I can I would vouch for her, I'd I'd take one of her dogs, just have enough?

You are already at your kennel. You'll be getting a personal kennel license next.

So make a motion to continue this hearing until April 23.

Motion's been made. And a second?

Second.

Motion made and second. Discussion on the motion? Hearing none, all those in favor?

Aye. Aye.

Motion carries unanimously. We'll see you on the twenty third. Thank you for coming.

Okay. Alright.

Thank you.

I'll let Maddie know to contact you. Okay. Yeah. I'll talk to you tomorrow. Alright. Problem. Thank you.

Thank you, guys.

You're very welcome. Thank you.

Being no more business before us this evening, I want to entertain a motion to adjourn.

So moved. Second.

Motion made and seconded. All those in favor?

Aye.

We are adjourned. Thank you all for coming.