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ZBA grants kennel license to Von Mulder for German shepherd breeding operation at 61 Plymouth St.; cap set at 15 dogs
Summary
The Zoning Board approved a commercial kennel special permit for David Von Mulder at 61 Plymouth Street in the Residential A district, allowing a breeding operation with conditions including a maximum of 15 dogs, sanitary and kennel‑size adjustments, and annual animal control inspection.
The Middleborough Zoning Board of Appeals approved a special permit for a commercial kennel at 61 Plymouth Street, permitting breeder David Von Mulder to continue and formalize an existing German shepherd operation under town conditions.
Von Mulder and his wife told the board they keep their dogs on a private property with two buildings and that they breed and occasionally board dogs sold to buyers. “We have 14 German shepherds,” Von Mulder said during the hearing. The applicant said the operation is long‑standing and that the animals and site were inspected by the town animal control officer.
Kevin (last name in file: Rascaux/Rykart) submitted a letter after an inspection stating that animals were kept in good condition, that the property was sanitary, and that he recommended a maximum of 15 dogs, ages 6 and older; the letter said that the animal control officer could increase or decrease that number based on future changes to the operation. The health agent reported the property has an approved sewage disposal system for a four‑bedroom house and recommended a Title 5 inspection if the kennel adds employees; the DPW had no comments and the conservation agent reviewed wetlands mapping and did not identify jurisdictional constraints for the kennel location beyond noting nearby mapped resources.
Board discussion focused on confinement, waste disposal, fencing and hours. Von Mulder described garbage handling (bagged waste placed in a dumpster near the driveway) and said trash is collected every two weeks. The applicant said runs are chain link, dogs are grouped by compatibility, and kennels are not all outside at once. He told the board the dogs are let into runs in small groups during the day and are brought inside overnight; he said the animals have heat, fans and a radio for nighttime quieting.
The board approved the special permit with conditions recorded in the motion: maximum of 15 dogs allowed on site; hours of daytime operation by appointment (the board recorded 9 a.m.–6 p.m. as the daytime hours for customer business); the license will be subject to annual inspection by the animal control officer; the applicant agreed to enlarge two narrow kennels from roughly 3 feet wide to 4 feet as part of an eventual adjustment; solid waste collection will continue at the current schedule (every two weeks) and the applicant confirmed the pickup provider; no retail sales or grooming services were approved; and the permit is subject to normal building and health sign‑offs and the standard appeal period.
The record shows the board adopted findings that the site was appropriate for the use in the Residential A district, that adequate facilities and safeguards were provided, and that traffic and utilities were adequate. The vote to approve was unanimous. The decision will be filed with the town clerk and is subject to the statutory appeal period before the animal control license is issued following any required inspections.
