nothin Neighbors Sue Doggy Daycare Over Noise | New Haven Independent

Neighbors Sue Doggy Daycare Over Noise

Maya McFadden Photo

Paw Haven outdoor play yard pre-soundproofing.

Peck Street residents are no longer just complaining about noise from a nearby doggy daycare — they are bringing the animal boarding facility Paw Haven to court.

It’s been a year since Paw Haven opened in Fair Haven and since then its neighbors living across the train tracks have raised objections about barking that happens for hours every day, including holidays. (Read more about the neighbors’ complaints and Paw Haven’s response here.)

The civil case against Paw Haven co-founders John McFadyen, Jackie McFadyen and Kevin Rocco is filed on behalf of the Peck Street residents Petisia Adger, Eric Colon, and Evinaldia Ortiz, who are represented by Hartford attorney Gregory Piecuch.

Evinaldia Ortiz’s backyard view of Paw Haven.

The residents applied for a temporary injunction to the court stating three requests:

• Restraining the facility from using the outdoor dog pen.
• Restraining the facility from opening the garage doors leading to the outdoor dog pen.
• Restraining the facility from further violating the the New Haven Code of Ordinances and section 22 – 363 of the Connecticut General Statutes.

The right to own a business does not include the right to trample over and to marginalize the rights of others in a neighborhood,” Adger stated Thursday.

My neighbors and I are only asking for what everyone else in this city would like to enjoy; a reasonable quality of life in our own yards and homes,” said Adger.

Rocco defended the operation, saying it has made improvements in response to complaints. The McFaydens declined to comment on the situation Wednesday via email. Their supporters defended them against the neighbors’ complaints at length in this comment thread to a previous article.

Since the residents first complained to police, three sound studies have been conducted. The first study, paid for by Paw Haven and the city, was conducted by Jaffe Holden last October. This first study concluded that the noise levels from the facility’s outdoor play area exceeded the local noise ordinance limits at the residential property line.

Paw Haven has since installed an acoustic sound barrier blanket across its outdoor play yard fence as recommended in a three-point plan by the first study. Paw Haven has invested considerably in barriers,” Rocco stated.

The study proposed a two-phase approach to mitigate noise, with a second phase recommended if necessary after phase one improvements. The facility also kept its two garage doors halfway open to reduce exposure to noise from indoors in response to the study.

We believe we sufficiently responded to the concerns,” Rocco said in a phone interview Wednesday. The reality is it’s an industrial zone, and it’s noisy.”

Paw Haven live feed

Dogs in outdoor play yard Thursday.

The second study was conducted four months ago on March 25 by the Health Department’s Senior Sanitarian Brian Wnek. Between 1:20 p.m and 1:50 p.m Wnek collected various noise level readings from the neighbors’ yards. The study summary concluded that with 28 dogs on the play yard at that time, the facility’s noise levels were below the city’s Code of Ordinances Noise levels for a residential area. (Read that study here.)

Indoor play yard Thursday afternoon.

The third study was conducted May 4 by SH Acoustics LLC. The study was paid for by the residents who felt the facility’s barrier blanket improvement was not doing enough to limit the barking. The study concluded that Paw Haven is still operating in violation of the city’s Noise Ordinance􏰁 regulations. (Read the study here.)

The study recommended that the facility enclose the outdoor space with solid walls on all sides and install acoustic absorption for that entire section of the building; or that it move the playpen to the other side of the building, causing the building itself to be a noise barrier between the residents’ properties.

The study’s concluding next steps note that SHA is confident that the Phase 2 [of the first sound study] recommendations will not reduce barks to below the required level by code.”

A remote hearing is scheduled Aug. 25 for the case.

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