Heidelberg zoners voted July 21 to deny Margaret Brown's request for a special exception to allow her and her husband, Gregory, to operate a kennel at their 6587 Central Road home.

Neither was present for the second hearing on the issue.

The Browns have been using their property for what township ordinances deem a kennel for the past eight years.

According to a previous testimony, Margaret Brown categorized all of her dogs as pets and considers them family.

Since the first hearing June 16, the Browns have vacated the property temporarily and left Bryan Smith, a family friend, in charge of operations.

Margaret Brown gave the board no indication of the length of their absence.

According to Zoning Officer Roy Stewart, the zoning ordinance states "any property harboring six or more adult dogs (over 6 months of age) or similar animals" would be considered a kennel and would require specific appurtenances to operate.

Smith read a certified letter written by Margaret Brown stating her intentions in her absence.

The letter stated she maintains a Pennsylvania Dog Law private K-1 license, which permits her to house up to 50 dogs per year.

Brown wrote the most she has transferred at one time was 25, and she has no intention of expanding the property to a boarding facility or changing the way the animals are kept.

Zoning Hearing Board Vice Chairman Michael Bailey said he told Margaret Brown at the June 16 hearing she needed to provide a copy of her license.

Smith said he was not informed of that, but could attest Brown did have such license.

Bailey served as chairman for the hearing as Andrew Toth was expected to be out of the country.

Stephen Dymond filled in as the third zoner.

Bailey told Smith he was confused about the number of animals Margaret Brown intends to keep for consideration of the special exception.

He said her original application stated she wanted to keep her current 11 dogs, but wanted to be able to have up to 30 dogs in case of litters.

Margaret Brown told zoners June 16 she did not want to be a breeder anymore, but also does not want to neuter her male dogs.

She does not keep the males and females separate, so any unintentional breeding could occur.

Smith told zoners that he plans to bring his 10 dogs to stay with him while he stays at the property. Not all of Magaret Brown's dogs were at the property. As of July 21, he said there are 32 total animals at the property. The count included five dogs, four goats, two donkeys and 21 horses.

"I have counted more than that," said Roxanne Davis. "I am the next-door neighbor."

Davis also alleged she sees Derbe Eckhart on the property.

Eckhart was convicted of animal cruelty in 2010 after his Almost Heaven Kennel in Upper Milford Township was raided in 2008. Last year, Eckhart violated his probation, extending his term for two more years. Eckhart is limited to only keeping personal pets.

Smith said Eckhart is boarding his approximately 15 horses and goats at the property and stops by every day to care for them.

Stewart told the board Eckhart's probation officer visited the site recently and notified him there were 41 horses on the property.

Stewart said he was called out to the property to investigate a noise complaint on July 10 and noticed dogs running around in the road and dogs, goats, donkeys and geese roaming around together in the yard.

He said the Browns' application for the special exception did not state the kennel was actually a house. He said, according to the ordinance, a kennel cannot be a dwelling.

"What she has going on up there right now is not permitted," Stewart said.

Stewart also said the Browns need to have a separate structure to house the animals and there needs to be areas designated for separate animals. He said there is also an issue with security. The gate enclosing the fenced-in play area is inadequate and allows the dogs to easily slip through.

Davis said she and her husband have been returning loose animals to the Browns for years.

She told zoners at the July 21 hearing she was offended that after all the times she has corralled animals back to the Browns property, they did not notify them of their departure.

"It's evident that Maggie does not know how to handle animals," said Clarence Yahn, who owns a neighboring property. "She is not controlling their breeding. I recommend the board does not change the ordinance for Maggie."

Bailey said due to "the shifting sands regarding statements," and his concerns for the conditions of the property, he the Browns did not meet conditions for the special exception.

"I wish she was present to define her intentions," he said.

Bailey said although he was reluctant see Margaret Brown separated from her dogs, he intended to make a motion to deny the application for special exception.

"I concur with Mr. Bailey," said Zoner Mary Beth Dolinich. "I don't feel the conditions have been met."

Alternate Zoner Dymond said he found the details of the application confusing and the applicant's "contradictions disturbing." He agreed requirements for the special exception were not met and made a motion to deny the application.

Donlinich seconded the motion, which passed unanimously.