GOVERNMENT

Mahopac dog daycare facing huge zoning hurdles 

Planners send applicants to ZBA as owner faces animal cruelty charges 

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The ongoing planning and zoning battle surrounding Hudson Hounds, a Mahopac dog daycare facility, took another turn at the May 27 Planning Board meeting as the board voted to send the project to the Zoning Board of Appeals with a negative recommendation, citing concerns over operating a commercial kennel in a residential neighborhood. 

Craig Paeprer, chair of the Planning Board, said the ZBA remains independent and does not necessarily have to abide by the the Planning Board’s recommendations. 

Hudson Hounds, located at 212 Union Valley Road, has operated from the site since 2016 without site plan approval, according to town officials. The business, which provides dog daycare and boarding services, is located in a medium-density residential zoning district where such uses are not permitted. 

As a result, owner Aaron Pozit must now seek a use variance from the ZBA in order for the application to proceed. 

“The next step is getting them to the ZBA to determine if the use variance will be granted,” town planning consultant Pat Cleary told the board. 

Assistant building inspector Ed Spadaro told the board the facility currently houses up to 45 dogs between daycare and boarding operations. The business operates using a pickup-and-drop-off system designed to limit traffic on Union Valley Road. 

Town officials raised a series of unresolved issues tied to the application, including wetlands concerns, requests for waivers from commercial lighting and traffic studies, and questions about environmental permitting. 

Town engineer Rich Franzetti said the applicant had obtained a letter from the New York State Department of Environmental Conservation related to wetlands, but noted additional review by the town’s Environmental Conservation Board may still be necessary because of ongoing legal uncertainty surrounding state wetlands regulations. 

Franzetti also noted the applicant was seeking waivers from requirements typically imposed on commercial operations, including lighting, slope and traffic movement plans, arguing the property remains a single-family residence. 

Matthew Geronda, an engineer from Bibbo Associates, representing the applicant, acknowledged that the use variance issue is the central hurdle facing the project. 

“Without that use variance, a lot of these questions are really moot anyway,” Geronda told the board. 

Pozit told board members he has explored relocating portions of the operation to another location, possibly in Westchester County, but said the process would take time. 

“We’re not looking to do more than what we’re doing,” Pozit said. “Since 2016 we have been operating out of there. It’s a well-run business.” 

He also argued the facility has generated few complaints and said the business has demonstrated it can coexist within the neighborhood. 

“We’re not bringing a whole lot of traffic in and out of the place,” Pozit said. “We don’t have any noise complaints.” 

Following discussion, the Planning Board voted unanimously to refer the application to the ZBA with a negative recommendation. 

Animal abuse allegations 

The zoning dispute now unfolds against the backdrop of a separate criminal case involving Pozit. 

Earlier this spring, the Putnam County SPCA Law Enforcement Division arrested Pozit on multiple animal cruelty-related charges following an investigation into allegations of abuse at the facility. Authorities said investigators interviewed former employees and dog owners as part of the probe. 

Despite the arrest, Hudson Hounds remains open  

“He’s innocent until proven guilty,” said Ken Ross Jr., chief of the Putnam County SPCA Law Enforcement Division. “We don’t have the authority to shut down a business. I have to go by what the law says.” 

Ross said more than eight employees and former employees provided statements during the investigation. 

“We went through it all and took the ones that made the threshold,” Ross said. “We went to the dog owners who were part of the case. Some would say things like, ‘Yeah, our dog was acting funny when they got home.’” And there were some who didn't believe it." 

Paeprer said that the Planning Board was aware of Pozit’s arrest but emphasized that the criminal allegations were not a factor in the board’s negative recommendation to the ZBA. 

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