Upper Milford, Bryan Smith to work on zoning compliance at former Almost Heaven site
By: Heather Schmelzlen, The Morning Call

Upper Milford Township has sent a letter to the owner of the former Almost Heaven Kennel property, listing several zoning violations, including violations of variances already granted for the property.

The letter, dated July 10 and addressed to Bryan Smith, comes after the township conducted an inspection of the 4202 Chestnut St. property July 2.

Assistant zoning officer Harry Kleiner said the letter includes violations of appeals Smith has been granted for his property and tenants. Kleiner said the board will work with Smith to set up a timeline for compliance.

According to the letter, Smith is in violation of an appeal granting a special exception for the conversion of a utility shed to three stables. The exception allows the stables to house three horses for personal use, but there are currently six horses at the property, the letter states.

The township also observed that there are horses and a fence within 50 feet of the rear property line. The appeal granted to Smith does not allow horses or a fence within that distance, according to the letter.

Chicken cages have also been added to the shed that was converted into a stable, the letter states. That is a zoning violation because chickens are not allowed to be housed or congregate within 50 feet of the property line.

Other violations include the existence of a non-delineated stone play area that is not shown on the approved land development plan and an unapproved row of cages outside the newer kennel building.

The township is also asking for a complete list of currently occupied units and tenants, implementation of storm water plans, and proof that puppy rooms and grooming areas used as part of the kennel have been permanently removed from the residence.

Kleiner said he and zoning officer Alan Brokate will meet with Smith on Thursday to establish a compliance timeline.

Almost Heaven was closed by state authorities June 23. Derbe ''Skip'' Eckhart, who ran the kennel, faces a preliminary hearing today filed in two separate cases.

In one, he's accused of violating a cease-and-desist order by breeding a dog, according to court records. In the other, he was charged in May with bringing 30 dogs to the kennel from New York, another cease-and-desist violation.