Residents opposing a Providence Township commercial breeding kennel asked the zoning hearing board Tuesday not to approve the already-existing business.

After hearing testimony, mostly against approval, the board continued until May 12 the hearing for Country Boy Kennel, 170 Truce Road, New Providence.

Kennel owner Jonas J. Esch testified before the board that he's been operating his kennel, which is licensed by the state to keep up to 500 dogs, without the township's required approval since 2003.

Similar cases have recently come up at zoning hearing boards across the county since the state kennel license application was changed to specifically ask applicants if they have their local municipality's approval to operate a kennel.

However, unlike recent cases before other zoning hearing boards, Esch didn't come away with an approval at the end of the hearing.

Board solicitor Kim Carter Paterson delved into many aspects of Esch's business practices to ensure that he is complying with state laws governing kennels, which he is required to do before the board can grant him a special exception to continue operating his kennel. More than a dozen neighboring residents attended the hearing, with about half stating their opposition to the kennel, citing noise, pollution, inhumane and unsanitary business practices, as well as Esch's history of breaking state and local regulations to operate his kennel.

Esch said he had come before the board Tuesday because the state changed the law to require township approval of his business. He testified that he also operated his kennel in a 70-by-36-foot barn for a year without a state license before he was cited by the state Bureau of Dog Law Enforcement, which forced him to pay for an annual license starting in 2004.

Paterson asked Esch if he has been cited or warned by the state for violating other state dog laws.

"I have had a couple of (violations)," Esch testified. "I didn't have it clean enough inside. Another one was where the dog pooped in the feeder. In 2004, they came because I didn't have a license."

Helen Ebersole of the advocacy group United Against Puppy Mills later in the hearing provided the board with a list of violations for which Esch was cited by state inspectors.

"I'm curious, Mr. Esch," board member Bradford Duvall said after hearing the partial list. "You only told us about three (violations). There's quite a few more than three there."

Esch said he routinely breeds his dogs as often as he can until they are no longer fertile — usually between 5 and 7 years old — then he takes them to a vet to be euthanized, even if they are otherwise healthy.

Township resident Barry Longenecker asked what Esch does with defective dogs unsuitable for sale to his regular wholesale dog dealer. Esch said he uses them as breeder dogs unless his vet, Willard Stoltzfus of Black Horse Animal Hospital, recommends euthanization.

Esch also testified that he has had one farm dog "debarked," which is to have a vet surgically alter its vocal cords to prevent it from barking.

Still, residents complained they can hear Esch's small-breed dogs loud and clear.

"I do hear the dogs on a daily basis at my home," said LouAnn Gmuca, who lives across the street from Esch's 80-acre dairy farm. "I have friends over to my pool, and it is loud."

Gmuca testified that she bought a seriously ill dog from Esch because he told her if she didn't, he would keep it as a breeder dog.

"Why would you breed a dog with all those defects?" Gmuca said to the board.

Township resident Kelly Charles asked Esch who cares for his dogs. Esch replied that his wife and nine children tend the kennels. Charles asked how old his children are and Esch said his youngest is 1 year old. Charles then urged the three-member board to deny Esch the special exception to operate.

"If you don't stop this now … you're just going to get more requests for puppy mills because the bottom line is it makes big bucks," Charles said.

Township resident Brian Longenecker asked who would oversee Esch's business to make sure he complies with township regulations if the board approves his kennel, especially, he said, because Esch's history is to operate without approval or licensing until he is found out.

"You only seem to come forward when you're called to task on something," Brian Longenecker said to Esch. "How will anyone know what's going on at that farm?"

Barry Longenecker emphasized that Esch's farm is too small to handle the concentration of animals living there. He cited testimony in which Esch said eight to 10 dogs die a year at his farm.

"That he has up to 10 percent mortality rate speaks to the conditions in which his dogs are kept," Barry Longenecker said. " … We don't want this precedent started here. We say 'no' to other things. This is something we should say 'no' to before this happens time and time again."

Township resident Benuel Beiler was the only person to testify on Esch's behalf. He said Esch has nine children to feed and his welfare should be considered before that of the dogs.

"I'm hearing a lot about the welfare of the dogs, but I'm thinking about the welfare of the farmer," Beiler said. "I ate today. I think we all ate today. … So I appreciate the farmer. (Esch) only has 80 acres, and he has nine children to feed. … Help the farmer. Keep this an agriculture community. (Esch) doesn't bother me, and he's right next door to me."

Providence Township Zoning Hearing Board will accept public comment on Esch's case through May 12.

E-mail: slindt@lnpnews.com