Kennel can stay open, zoning board decides

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November 19, 2009

By BERNIE HORNICK The Tribune-Democrat Thu Nov 19, 2009, 11:21 PM EST

TIRE HILL — A commercial boarding kennel that has sent the fur flying between neighbors can stay open.

Reversing an order by zoning officer Mark Walker, Conemaugh Township’s zoning board ruled unanimously Thursday that the 40-pen kennel run by the Besyk family does not violate township ordinances. The dog and cat kennel is off Moonlite Park Road.

The whole rigamarole has been debated before the courts since 2003, culminating in a January ruling by the state Commonwealth Court for the kennel and against the Marisa family who challenged it.

“I’m well pleased with the zoning board decision. It should never have went to trial,” Frank Besyk said afterward. He owns the kennel along with his wife, Patti.

Neil Marisa, his wife and parents challenged the kennel, saying it was not attached to the home as promised. It’s 40 feet from the Besyk home.

Traffic count

But what they really object to are the cars the kennel has brought to a private farmland road the wrangling families share.

They say traffic is up two-thirds, to 60 to 80 vehicles per week.

“We’re being pushed aside because of the traffic on the road,” Marisa said after the vote.

“These decisions are political and bogus.”

The Marisas contend their neighbors sneaked approval for the kennel in the R-1 zone while they were away on a month-long vacation.

The Marisas claim they found out only after it was too late to appeal.

Not so, Frank Besyk said.

Besyk said he got verbal approval from all the neighbors “before we even took a shovelful of dirt.”

He said he then asked the zoning board in 1994 to grant him a variance to expand the small kennel he was running from his home.

The board agreed, provided the kennel was connected to the house.

Township Solicitor Bill Barbin said the kennel is not connected in any real way, except for a sidewalk.

The Uniform Construction Code considers structures “connected’’ only when they are linked under roof, with walls, he argues.

Homeowner Leo Marisa – a former zoning board member – said he has spent more than $30,000 on attorneys trying to close down the kennel.

Visibly agitated by Thursday’s loss, he said the family has run out of appeals.

The three-member zoning board took brief statements from Barbin and Besyk family attorney Joe Policicchio before adjourning to executive session.

Chairman Dave Maldet led the board back within a half hour and voted.

Room for repair?

Can the tooth-and-nail feud between the families finally be put to rest?

“We have no relationship,” Neil Marisa said. “It’s terrible.”

Besyk said he’s ready to fix the relationship but doesn’t think the Marisa households want to.

“Originally, our relationship was good,” he said, saying he even bought shrubs for Leo Marisa’s yard and wired his home for free.

“Right now, they hate us.”

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