Pittsfield ZBA Rejects Neighbor vs. Neighbor Chicken Appeal
PITTSFIELD, Mass. — The Zoning Board of Appeals on Wednesday rejected a Ward 2 resident's request for an appeal of the building inspector's determination that chickens at 16 Kensington Ave. were being kept in code.
Charlene Wehry of Yorkshire Avenue argued that the chickens being kept by her abutting neighbor were in violation because of an insufficient coop and their ability to roam in the yard.
She also cited sanitary concerns with feces and possible diseases from the chickens.
Ward 2 Councilor Kevin Morandi represented Wehry with a petition about the fowl at the Ordinances and Rules Committee meeting in early May. The panel voted to postpone a final decision on the matter until after the ZBA meeting and will address it on June 9.
In late 2020, the birds' owners requested and obtained a special permit to keep the chickens on their property. The permit came with a set of conditions granted by the ZBA.
Wehry requested that a building inspector investigate the situation, to which he made a determination that the chickens were being kept in accordance with the special permit. She elected to appeal the building inspector's determination to the ZBA, which was filed this past Friday.
Three other members of the Wehry residence submitted testimonies in regards to the chickens' apparent disruption.
Wehry submitted a five-page cover letter, a six-page application, nine pages of attachments, and a two-page closing argument to the ZBA in preparation for this meeting.
"The Zoning Board of Appeals only authorized the enclosure of half a shed in that 8-by-8-by-8 chicken run that was on Emily Silver's petition, not a fenced-in back yard," she said. "Emily Silver's back yard as an enclosure for chickens, one, was not in the approved. Zoning Board of Appeals, special permit so it should be deemed a violation and the building inspectors decision overturned."
Emily Silver — the chicken owner — her mother, and her neighbor at 26 Kensington Ave. called in to the meeting to refute Wehry's claims.
"I feel that the chickens being enclosed in the back yard are posing no harm or threats to anyone," she said. "I keep the yard clean, they're out when I'm home."
Silver said she spoke with Permitting Coordinator Nate Joyner on the matter, who agreed that keeping her chickens in an enclosed back yard is in compliance.
Board member Thomas Goggins made a well-received suggestion that Silver moves the chicken coop away from Wehry's property and closer to her home.
"I think a fenced area is an enclosure and that being said, I think anybody who has the responsibility of keeping chickens or any other type animal in a residential area kind of has a responsibility to try to keep peace with the neighbors," he said. "And I think the residents at 16 Kensington should make every effort to make peace with the neighbors, and if they can, if possible move that fence along the back of the property line further away from the where it is now closer to the house if possible."
The motion to reject Wehry's appeal and support the building inspector's determination passed in a 4-1 vote with John Fitzgerald voting in opposition because he believed that the Silver's chicken coop was not in compliance because it was not fully sealed.
In this meeting, Fitzgerald also mentioned that the next ZBA meeting in June may be in person.
Tags: ZBA, chickens,
