MICHAEL PAUL WILLIAMS: Neighbors pick bone with plans

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Some might say Hanover County's attempt to govern how many dogs a kennel can have is a much-needed bone for neighboring residents.

But an opponent of a proposed special exception requirement for kennels with more than 50 dogs calls it "bone-headed bureaucracy."

Eric Kaplan, who volunteers with BARK, a canine rescue organization on 70 acres off Greenwood Church Road, says the county's proposal is a hardship for one local kennel owner.

If approved, the measure would subject BARK landowner Bob Tillack to a torturous planning process that would include a $750 application fee. Kaplan argues that the process is more appropriate for a deep-pockets developer than "a charity being run by one guy."

Neighbor Steve Hart doesn't dispute that BARK's cause is worthwhile. But he says he can hear BARK's dogs when he has friends over for a swim in his pool, and sometimes as he attempts to sleep at night with his windows closed.

Hart, who owns 32 acres that back up to BARK's property, is one of about 20 residents who take issue with the noise. The county is having a hearing tomorrow on the proposal.

"My intent isn't for him to eliminate his operation," Hart said of Tillack. "My intent is to come up with a mutual solution."

Jim Taylor, acting assistant county administrator, echoed that.

"It's a great organization, they do great work," he said. "They place hundreds of dogs a year for adoption. It's not our intent to shut them down or anything. It's just a process we need to have so others can be a part of it."

Currently, the county limits homes to five dogs in residential areas. But there are no limits on the number of dogs at a noncommercial kennel.

BARK rescues dogs that would otherwise be euthanized, Kaplan said. No one doubts that the animals are receiving wonderful care, he said.

He said BARK is licensed for up to 200 dogs, though it generally has closer to 100 on the property.

Kaplan disputes the neighbors' contentions about the barking. He says two people 5 yards apart were able to speak comfortably while standing 50 yards from the kennel during a decibel test by an acoustical consultant hired by BARK.

The county's aim is to ensure that the animals are housed and cared for properly with minimal noise and other impact to neighbors.

"Imagine the waste that 50 dogs or 100 dogs could generate," said County Attorney Sterling E. Rives III.

Hart said without the exception, the only recourse is to file a complaint with the magistrate. "That's not the way to solve the problem.

"This isn't a couple of hunting dogs. This isn't a neighbor's dog barking. You really have to hear it to kind of get a sense of it."

He understands the desire to rescue dogs in need, he said, "but you also have to be cognizant of the human species."

Will man's best friend be helped or hurt by a land-use plan with more bite?



Contact Michael Paul Williams at (804) 649-6815 or .

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Reader Reactions

Flag Comment Posted by 4BARK on January 13, 2009 at 8:14 pm

Mr. Hart, you are trying to “shut them down.“  Also, Mr. Rives can you imagine the waste that 50 or 100 cows could create?  Rather than wasting time talking about noise, why don’t you spend some time trying to come up with a solution for all the homeless dogs in Central Virginia.  Then good-hearted, wonderful folks like the Tillacks wouldn’t be in the middle of this issue.  I ask each of you “negative” responders to go to the BARK site and look into the eyes of these dogs - many of whom may never find a home - then get out there and volunteer to change the indifference and neglect in our community towards these poor helpless animals that people have decided are disposable.  Good luck to the Tillacks and BARK!

Flag Comment Posted by petlover on January 13, 2009 at 1:44 pm

Bob Tillack does an incredible job with BARK! Let’s hope this can be worked out without bringing harm to the homeless dogs that he helps.

http://www.RichmondPetLovers.com

Flag Comment Posted by obxgirl on January 13, 2009 at 12:28 pm

The BARK organization should be applauded for their tireless efforts to help find homes for unwanted dogs, not have the owner of the foundation taken to court!  Dogs are going to bark, that is what they do and if the organization is licensed for 200 dogs, what is the problem?  His neighbors need to get over it, I wish I was a neighbor of them instead of having to listen to cars speeding through my neighborhood with rap crap playing as loud as they can have it and kids screaming at all hours…I’ll take a barking dog any day!!  To the neighbors: Get a life, and get over yourself!

Flag Comment Posted by Larry Lanberg on January 13, 2009 at 10:01 am

I live in the city. I don’t tolerate loud stereos near me. Sure, some folks would say, “Hey, that’s just a part of living here”, or, “That’s really not too loud.“ But if I can hear it it in my home—when I don’t want to hear it in my home—its an assault on me & it’s going to go.

Flag Comment Posted by MeToo on January 13, 2009 at 9:48 am

Dogs in the Fan are a part of the “noise of the ‘city’.“  And yes, many many are left outside 24/7.  Even when they are kept inside, they can be heard through old thin walls and windows.  It’s his property, he can do what he wants with it.  I do agree that the number of dogs he has is a bit excessive, but it’s his land, he can have whatever animals (aka agriculture) he wants. What if it was a bunch of cows mooing?  Does that not qualify as agriculture (assuming he doesn’t sell them for milk or meat- in other words, he has 10 pet cows)? Chickens? Cats?  Have you tried to work with him to find a solution? Perhaps planting trees as a buffer? A fundraiser to build a more sound-proof barn/ structure to house the dogs? Also, we do have plenty of facts, the RTD has been covering this “story” for a quite a while.

Flag Comment Posted by cvaresident on January 13, 2009 at 9:36 am

PEople, you’re posting without all the facts. As usual.  This is a long running neighborhood dispute caused by a guy moving into an area and putting what should be a commercial operation into effect in an agricultural and residential zoned area.  The dog density cited in the Fan is not comparable, as most of those dogs are not outside 24/7. Additionally, the dogs in the Fan are masked by the noise of the “city”.  This is simply an example of a property owner not showing politeness to his neighbors. Go meet the guy, and I am sure you will agree, unless you place your love of strays over your manners, in which case, adopt a few dozen and take them home with you.

Flag Comment Posted by MeToo on January 13, 2009 at 9:04 am

I’m a Fan resident and I’d like to launch a complaint against my neighbors, city council, and the CIA, NASA, FBI, maybe even NATO. It’s all a conspiracy!  It’s rediculous, I can totally here my neighbors talking next door when I’m in my backyard!  Our properties are only seperated with a small fence, but I think they should be required to keep their voices to a whisper because it disturbes me!  Also, I’d like to complain about the number of sirens I hear daily.  Can’t there be a quota? once the 5-0 have met it, can’t exceed it!  It’s really an inconvenience to me!  Don’t even get me started on the 22 houses on my block, each has a dog (most of whom bark)!  And my neighbor’s cat ALWAYS walks on the sidewalk in front of MY house! There is so much noise in urban areas.  Its really is obnoxious, I think everyone should be required to change to accommodate my needs.

Flag Comment Posted by qhgirl on January 13, 2009 at 8:20 am

I live on 65 acres in a rural part of the Richmond area.  I often hear dogs barking because the sound does carry.  I would imagine that the number of dogs per square foot doesn’t approach the density you would find in the Fan area downtown.  Is it reasonable to expect the neighbors to never hear any dogs? I don’t think so.  They would hear dogs even if Mr. Tillack only had 5 on his property.  If the neighbors are so averse to living near his rescue operation, they should probably think about relocating.  No matter where you live, you will experience a certain amount of inconvenience or annoyance.  It might be the neighborhood kids screaming, it might be congested traffic, it might be a neighbor who doesn’t mow his lawn or even the sound of the midnight freight train (I lived across the James River from the train tracks in Powhatan and the vibrations would rattle my wall sconces..haha).  I had a farmer for a neighbor who ran his corn dryer all night long too!  Did I complain?  nope.. I think people have the unrealistic expectation that if they live in the “country” that they will have peace and quiet etc.. That is not the case in my experience.  You will hear dogs (from miles away), gunshots, farm equipment and tractor trailors etc.. I haven’t even gotten to the country “aroma” of chicken houses and fertilized fields:)  Country living is GREAT, I love the space I have and what bothers city people, doesn’t faze me a bit.  Sure I get held up by the tractor on the way to work or home on occasion, but it is all worth it when I can walk for hours on my own land!  I say let Mr. Tillack continue his mission to rescue dogs.  Unfortunately, the number of dogs killed (euthanized is such a sterile word) in shelter every year in Virginia is staggering.  I applaud his efforts to help those that he can.

Check out the link below to see the statistics on animal outcomes in the state of Virginia.  Please spay and neuter your pets!

http://www.virginia.gov/vdacs_ar/cgi-bin/Vdacs_search.cgi

Flag Comment Posted by capntony on January 13, 2009 at 7:52 am

Give me a kennel full of rescued dogs as neighbors any day…..keep up the great work !!

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