TRR photo by Tom Kane Gloria Smith attends to two of her 73 dogs. (Click for larger image)

Canines are still dogging Town of Cochecton officials

By TOM KANE

COCHECTION — Neighbors of a dog kennel on Pine Wood Road are still trying to get Town of Cochecton officials to do something about the barking of 73 dogs.

They have been trying for over four years. Town officials say they can do little about it.

“It’s very difficult to enforce these laws if someone wants to ignore them,” said town supervisor Sal Indelicato.

Gloria Smith, a woman dedicated to saving stray dogs and cats has not responded to several summons issued by Code Enforcement Officer Neal Halloran, according to town officials.

The town is bringing its case against her before Cochecton Justice Steven Sauer on March 19, 2002.

“The issue isn’t how many dogs she has,” said town attorney John Keating. “It’s a zoning issue. She extended a pre-existing, non-conforming use without going before the planning board.”

Smith and her attorney, Jeffrey Clemente, do not agree.

“The town board is handling the matter all wrong,” Clemente said. “They’re into punishment, instead of remediation.”

Clemente also complained that the town was selectively enforcing the ordinance since they were ignoring another kennel a few hundred yards up the road belonging to the Lazarian Society, where over 200 dogs were allegedly being housed.

The 63 cats, however, which she also houses at her home, are not part of the issue.

Halloran said that after the town board passed an ordinance limiting the number of dogs a resident could have to four, Smith, with 41 dogs, was grandfathered into the law.

“She had no right to go beyond that number,” Halloran said.

Smith said there was nothing in writing about how many dogs she could or could not have.

“This whole thing isn’t about dogs,” Smith said. “It’s about a lot of spiteful people who just want to make it tough for me.”

When she increased the number of dogs to 73, many residents complained that she had no right to do so.

Cochecton also has a similar court case now before the Town of Highland Court against the former owner of the same property, Adel Rabah. Rabah sold the property to Smith about a year ago. The case, which is expected to go to a jury, is scheduled for December 3 and 4.

A few months ago, the town board passed a moratorium on new kennels or the extension of current kennels. When Smith approached the planning board a few weeks ago with an application to move the dog structures further back on her property, the planning board refused to accept the application.

“The planning board had no right to do that,” Indelicato said. “They should accept the application but not act on it until the moratorium is over.”

“These dogs are my life,” Smith said. “I just want to make sure that they have a good home and are healthy. The only time they really make noise is when they’re fed. Other times, you don’t hear any loud barking. This whole thing is ridiculous.”