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Planning board approves home-based dog boarding at 5 Wallace Drive, requires proof of any required licensing
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Summary
The Merrimack Planning Board approved a Level 2 home-occupation conditional use permit for a home-based dog boarding/day care at 5 Wallace Drive, permitting the three additional boarding dogs allowed by the prior variance (in addition to the applicant’s two dogs) and conditioning approval on proof of any required state licensing; vote 6-0.
The Merrimack Planning Board voted 6-0 on April 7 to approve a Level 2 home-occupation conditional use permit allowing a home-based dog boarding and day-care operation at 5 Wallace Drive, with a condition that the applicant provide proof of any state licensing required for kennel operations.
Brooklyn Cass, the homeowner and applicant, told the board the operation is owner-run, limited in scale, and appointment-only: "the operation is intentionally limited in scale...there'll be no more than 3 dogs at a time," she said, adding the business would use less than 500 square feet of the home and would not include exterior kennels or retail sales. Cass told the board dogs would be supervised at all times and that outdoor activity would be controlled to minimize neighborhood impacts.
Staff and board members clarified that the variance previously granted by the zoning board permits three additional boarding dogs beyond the applicant's personal pets. After one board member asked whether that meant five dogs total (the applicant said yes), staff said the board can and traditionally does place conditions on conditional use permits, including requiring proof of any state licensing. A planning staff member explained, "if there is a state license that would be required for a kennel, she would be required to get that license," and recommended making proof of licensing a condition of approval.
Neighbors spoke during the public hearing. Abutter Dave Menangus of 1 Park Ave said he can see the property from his home and told the board he had not observed recurring barking or nuisance related to the applicant’s property during times he was home. "I really haven't heard the dogs barking," Menangus said, while noting there are other dogs in the neighborhood.
The board’s approval was made with an explicit condition that the applicant must supply any required proof of state licensing and comply with the standard conditions the board applies to Level 2 home-occupation permits. The motion to approve was made by board member Peter, seconded by Lynn, and the board recorded a 6-0-0 vote. The chair told the applicant the town would follow up to confirm licensing and compliance with conditions.
Next steps: the applicant must provide documentation of any required licensing and meet the conditions of approval; the planning department will conduct due diligence and enforce compliance as needed.
