Plenty of people planned to speak out Tuesday against Elvin L. High's request for a special exception to operate a kennel in West Hempfield Township. But they didn't need to.
High made his request to West Hempfield Township zoning board, but problems with his application emerged before public comment was taken.
High's application for a special exception was continued to a special meeting of the zoning board at 7:30 p.m. Nov. 20 in the municipal building, 3401 Marietta Ave.
High previously operated Highgrade Kennels, a large-scale breeding kennel at 4406 Marietta Ave., Columbia, until the state Bureau of Dog Law Enforcement revoked his kennel license in May for unsanitary and unsafe conditions.
Now he has applied to the township to start a new business on the property — a stud service with fewer than 25 dogs, the maximum number allowed without a state license.
However, High said Tuesday that his previous breeding business was never approved by the township during the 21 years he operated it.
Also, while reviewing High's previous applications to the township during Tuesday's hearing, the board saw High's 1995 application to construct a storage barn on his property. The application made no mention of the fact that the barn would be used for his breeding kennel business.
According to township code, a kennel may be operated only as an accessory to a primary agricultural business — which High lacks.
Asked what constitutes his primary ag business, High shrugged and said, "Nothing as far as I know."
The board also said High's barn does not have proper setback from adjoining properties for kennel use.
"This barn was never approved, and you have never had a complaint about a barking dog or anything," High told the board.
Two of the properties adjoining High's are owned by his children.
Board member Gary R. Lintner took issue with High's previous illegal kennel business.
"That brings us back to the previous application, (in which there) was no mention of a kennel," Lintner said.
High told the board his former kennel was discussed in meetings with a previous zoning officer, who had full knowledge of his kennel operation. But current zoning board member Amelia Z. Swiernik said she didn't recall High's kennel being approved in 1995.
"(Lintner) and I were both on the board at that time, and there was never mention of any kennel," Swiernik said.
The zoning board stopped short of rejecting High's application, instead allowing him time to discuss his application with an attorney.
High said he was confused by the requirements to get a special exception.
"I don't know what to say. I should've brought an attorney. I'm not understanding any of this," he said.
Tuesday's hearing began with three groups requesting "party status" to testify against High's application for a special exception. The zoning board denied requests from the Humane League of Lancaster County and United Against Puppy Mills, an advocacy group, because neither had an immediate, direct and substantial stake in High's property.
The zoning board delayed a decision on whether an inspector for the dog law bureau and an attorney representing the state Department of Agriculture could testify against High's application. Lintner said the board wanted to hear High's testimony before deciding whether it was appropriate for Inspector Diane Buhl and attorney D. Holbrook Duer to testify.
High was convicted of animal cruelty charges in 2002. Eight current charges of animal cruelty are pending against him in Lancaster County court.
The dog law bureau also filed 14 citations against High, and other charges against him relating to the May raid on his breeding kennel, which are pending in Pennsylvania Commonwealth Court.
E-mail: slindt@lnpnews.com