Rochester Selectmen order couple to remove dogs from property

Sep 16, 2014

The owners of a Rochester kennel have two weeks to reduce the number of dogs on their property from 16 to six to appease neighbors who lodged numerous noise complaints the past few months.

On Monday, Selectmen approved that order and several others related to the operation of Liberal and Teixeira’s Step N’ Stone Farm at 368 North Ave. The Teixeiras breed golden retrievers and a mixed breed of the retrievers and poodles, known as golden doodles, on the site.

While the number of adult dogs will be limited, the number of puppies the Teixeiras have on site will not. According to state law, dogs six months old and younger aren’t counted.

Board members said they would revisit the number of dogs allowed if the noise complaints subside.

Several neighbors complained about noise at a public hearing the board held in August to address the issue.

Speaking on behalf of the Teixerias, attorney Robert Moore objected to the decision, saying his clients were working on the issue. He said they were researching the cost of building a kennel with proper sound insulation.

Currently, the dogs are kept inside a structure that has plastic sheeting for walls.

Moore asked the board for a one-month extension to research kennel possibilities.

“The situation is untenable right now,” Town Counsel Blair Bailey said. “The board has to issue an decision and that decision is going to be based on the noise levels.”

In addition to the two-week deadline, Selectmen approved other restrictions including: not more than three dogs be allowed outside and all dogs must be kept indoors within certain hours. Building specifications for the kennel to reduce noise were also outlined.

“The order is designed to abate the noise without harming the business,” Bailey said.

There is a 10-day deadline for anyone to appeal the decision. Before the vote, Moore said the Teixieras wanted to work with the town, but wouldn’t rule out an appeal.

A complete copy of the orders the Teixieras must comply with will be available upon request in Town Hall next week.