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Pittsfield ZBA Rejects Neighbor vs. Neighbor Chicken Appeal

By Brittany PolitoiBerkshires Staff
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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,   

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Pittsfield School Committee OKs $87M Budget for FY27

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The School Committee has approved an $87 million budget for fiscal year 2027 that uses the Fair Student Funding formula to assign resources. 

On Wednesday, the committee approved its first budget for the term. Morningside Community School will close at the end of the academic year and is excluded. 

"This has been quite a process, and throughout this process, we have been faced with the task of closing a $4.3 million budget deficit while making meaningful improvements in student outcomes for next year," interim Superintendent Latifah Phillips said. 

"Throughout this process, we've asked ourselves, 'What should we keep doing? What should we stop doing? And what should we start doing?' I do want to acknowledge that we are presenting a budget that has been made with difficult decisions, but it has been made carefully, responsibly, and collaboratively, again with a clear focus first on supporting our students."

The proposed $87,200,061 school budget for FY27 includes $68,886,061 in state Chapter 70 funding, $18 million from the city, and $345,000 in school choice and Richmond tuition revenues.  It is an approximately $300,000 increase from the Pittsfield Public Schools' FY26 budget of $86.9 million. 

The City Council will take a vote on May 19. 

Thirteen schools are budgeted for FY27, Morningside retired, and the middle school restructuring is set to move forward. The district believes important milestones have been met to move forward with transitioning to an upper elementary and junior high school model in September; Grades 5 and 6 attending Herberg Middle School, and Grades 7 and 8 attending Reid Middle School. 

"I also want to acknowledge that change is never easy. It is never simple, but I truly do believe that it is through these challenges that we're able to examine our systems, strengthen our practices, strengthen our relationships, and ultimately make decisions that will better our students," Phillips said. 

Included in the FY27 spending plan is $2.6 million for administration, $62.8 million for instructional costs, $7.5 million for other school services, and $7.2 million for operations and maintenance. 

Assistant Superintendent for Business and Finance Bonnie Howland reported that they met with Pittsfield High School and made two additions to its staff: an assistant principal and a family engagement attendance coordinator.

In March, the PHS community argued that a cut of $653,000 would be too much of a burden for the school to bear. The school was set to see a reduction of seven teachers (plus one teacher of deportment) and an assistant principal of teaching and learning, and a guidance counselor repurposed across the district; the administration said that after "right-sizing" the classrooms, there were initially 14 teacher reductions proposed for PHS. 

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