Amish Breeder Denied Zoning Variance – If He Complies with Township’s Codes, He can Keep Kennel

Last night, a much-anticipated meeting was held at the Tulpehocken Township Municipal building regarding Samuel L. Lapp’s ability to operate a commercial breeding kennel aka puppy mill on his property at 36 Camp Swatara Road, Berks County, Pennsylvania.

Lapp was denied the zoning variance.   He will have 30 days to appeal after he receives the written denial in the mail during the next 45 days.

I attended the meeting and sat beside the very soft-spoken Mr. Lapp.   I interviewed Lapp about his decision to operate a kennel and his future plans in light of last night’s decision.

It came as a surprise to many of the dozens of spectators who packed the small room that this Amish breeder is already running a puppy mill on his property.   Lapp told me that he opened his kennel earlier this year and did not seek permission from the zoning board to do so.   Many were under the assumption that he was asking to build a kennel.   Instead,  Lapp was there for a zoning variance to build 25 feet from the property line.    It is normal procedure to have the kennel 200 feet from the property line.

During Lapp’s testimony,  he said he currently has 10 adult dogs and 7 puppies.   Lapp told me he did not want more than 10 dogs.    He also told me all of his puppies are sold privately through advertisements in a newspaper and not to pet stores.    Lapp informed me that he loves dogs and that is why he is breeding poodles and Bichon Frises on his property but doesn’t keep any dog as his pet because of his and his wife’s daughter who will turn 1 on September 11th.   He doesn’t want his young child to be hurt by a dog.

The dozens of protesters who attended last night’s meeting were there to comment on the commercial kennel.   A number of those who wished to speak were denied including the Executive Director of the Animal Rescue League of Berks County, Liz McCauley.   Those who were denied wanted to give testimony against Lapp’s kennel.  They were denied because the meeting was strictly about zoning issues with land and not with the dog or puppies.

Neighbors of Lapp were allowed to speak because they were directly affected by the board’s decision.    The neighbors had nothing but praise for Lapp and his kennel stating that his kennel was kept very clean and they barely heard the dogs bark.

Pennsylvania is known as the Puppy Mill Capital of the East with Lancaster County as the worst county for Amish dog breeders in the state and nation.   Lancaster County is a neighboring county of Berks where Lapp’s kennel is located.   Puppy mills aren’t run by the Amish and Mennonites alone.   There are many non-Amish/Mennonite commercial breeding kennels in PA and the nation.

I spoke with Barbara Dietrich,  solicitor for the zoning board.   She told me Lapp will be allowed to run his commercial kennel if it comes up to compliance with the township’s codes.   If he does that, he will be able to keep his commercial breeding facility.   He will have to attend another zoning board meeting to do this.

I spoke with Lapp after the meeting as well and asked him if he will appeal the decision.   He said he has to think about it.   Lapp was well aware of the anger targeted toward him.   He wanted me to speak quietly so his words wouldn’t anger the protesters.   The municipal building had two police officers on hand during the meeting.

While the denial of the zoning variance was denied,  this clearly isn’t over.   Lapp has been operating his business illegally since February of this year.  He now has a state kennel license as of yesterday.  He moved over 10 miles to his current home in January.   His brother operates a commercial kennel in Lancaster County.   Lapp told me he works 40 hours a week elsewhere.     He says he has no plans to have more than 10 dogs.

Meanwhile,  is the kennel he is operating still in business?   I assume it is because he has the right to appeal their decision.   But, that is a guess on my part.   Knowing how puppy mills are run in the state of Pennsylvania,  it would come as no surprise if the kennel remained open even if it wasn’t allowed.    Most of PA’s puppy mills went underground after the new Dog Law- Act 119- went into effect in 2008 because the operators didn’t want to pay the cost of upgrading their kennels.    Because of this,  those kennels aren’t seen or inspected by inspectors.    Lapp had already operated his kennel without seeking permission.    What would stop him from continuing with the operation of his kennel at this point?

The battle isn’t over.

Tina Evangelista-Eppenstein is a television talk show host, speaker, writer and animal advocate.   She hosts the show,  ” A Close-Up Look at Animal Welfare Issues.”      Have a story, please email Tina at tevangelistaepp@yahoo.  Like my tv page at https://www.facebook.com/ACloseUpLookAtAnimalWelfareIssues and check out AnimalWelfareIssues.com for all the tv shows you may have missed!