January 11, 2018WOLFEBORO — The town of Wolfeboro is petitioning the Carroll County Superior Court for fines, penalties, and other relief under RSA 676:17 against dog breeder Christina Fay, of 149 Warren Sands Rd.
The petition states that Fay's De la Sang Monde Great Danes, LLC has been registered since July 12, 2016 to do business at that address, with the principal purpose, as indicated in the New Hampshire Secretary of State's records, "to breed and sell the kennel for Great Dane dog offspring for profit."
However, that commercial activity is not allowed in the Rural Residential Zoning District (RRD), where Fay's residence is located. The petition states that the Director of Planning and Development sent a letter on April 21, 2017 notifying her of that fact and informing her that "such use would require a variance from the Zoning Board of Adjustment and also 'some level of site plan review.' "
According to the town, despite that information, "Fay did not apply for a variance, seek site plan review or cease using her property as a kennel."
On June 16, 2017, a major dog rescue operation was conducted by the Wolfeboro Fire and Police Departments with support from the New Hampshire and United States Humane Societies, which assumed responsibility for the relocation and care of approximately 84 Great Danes.
The town is seeking civil penalties against Fay " 'for each day that such zoning violation is found to continue after the date on which' Fay received written notice from the Town that she was in violation of the the Town's zoning and/or planning provisions."
It seeks recovery of its costs and reasonable attorney's fees expended in pursuing the action, "costs to 'include all out-of-pocket expenses actually incurred, including but not limited to, inspection fees, expert fees and investigatory expenses.' " Also, costs to the Fire and Police Departments 'for their participation in the rescue operation on June 16, 2017 and events leading up to and occurring thereafter."