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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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Lanesborough Planners Look to Clarify Signage Bylaws

By Breanna SteeleiBerkshires Staff
LANESBOROUGH, Mass. — The Planning Board looks to reword the town's sign bylaws after a recent contentious tussle over a business sign because of the way the bylaw could be interpreted.
 
Chair Courtney Dondi addressed the room beforehand, asking the attendees in the room to stay respectful.
 
"I know that our town is experiencing some tension around certain bylaw discussions, change, uncertainty, and complex zoning language can understandably cause frustration. This board does not create conflict. We manage processes," she said. "One of our responsibilities is to ensure that existing and proposed bylaws are revered, be reviewed thoughtfully, legally and transparently, which all take time. 
 
"We serve the entire town, not one group over another. Tonight, we will follow our agenda and maintain order so that every voice has the opportunity to be heard."
 
Planner Joe Trybus later expanded on her comments to explain the board doesn't make the rules.
 
"People always think it's the town and I just want to make clear to everybody that we do not make rules, we do not do anything like that," he said. "You come in, you have a suggestion, we talk about it. If this board agrees on doing something like that, we will write a bylaw to bring to the annual town meeting so everybody in this town can vote on it."
 
Inspired Creations owner Paula Messana said during public comment how she was told to take down a flutter flag because it was not allowed by the town bylaw.
 
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