Feathers are ruffled over chickens
Laura Depierre, a Mount Jewett resident, has conversed with the Mount Jewett Borough Manager, Barbara Harp, regarding chickens to be purchased and to live at her residence on High Street. Depierre was told by Harp that chickens were not allowed in the residential area of the borough.
At Monday's Mt. Jewett Council meeting, Depierre announced herself as the individual on High Street that was going to get chickens and stated that a coop and runway were already built.
Ready to point out that the code does not apply to her, Depierre handed information from the borough's code to council and stated that the chickens would never be loose or loud because she will not have roosters. "If we choose to take them off the property then we will put a leash on them," Depierre explained.
Depierre told council that there is nothing in the code specifically against chickens. "Having chickens is not against the code but we (partner John) did want to come to the meeting to get feedback from the community and we are going to get chickens," Depierre said.
She stated that she spoke with neighbors and no one expressed any concerns.
Council President Brett Morgan said that while the residential code doesn't forbid chickens, it states what is allowed. Morgan said the agricultural section of the town, the agricultural district, there are animal units defined. One unit, two acres, is allowed one horse, one sheep, one goat, or one cow. Having two fowl per acre is allowed.
Morgan said he didn't believe she had an acre and guessed it to be about a third of an acre. Depierre said she had .87 of an acre. Morgan explained to her that even if she were in the agricultural district she would be allowed one chicken.
Depierre stated that they are not in the agricultural district so the rule does not apply. "Our code specifically defines agriculture and the definition does not apply to us,” she said. Depierre continued and added that they are not performing agriculture because they are not going to breed their chickens, which is called poultry husbandry or animal husbandry.
Morgan said Depierre's initial letter specifically stated meat rabbits, meat chickens, and laying chickens.
Depierre defended herself by stating that she did talk to a lawyer about the code after receiving messages from Harp and that the issue would be referred to the district magistrate. Depierre said the lawyer told her that while the code was probably intended to stop people from having backyard chickens, it is not how it was written. She said backyard chickens were not addressed but rabbits were addressed because it would be "animal husbandry.” She said they are not going to get meat rabbits, but may have some as pets.
Councilwoman Chris Park argued that if the council made a concession for Depierre then they would have to make concessions for other residents. “You want us to bend the rules and make it good for you,” Park said.
Morgan said that she lives in a neighborhood and lives in a small area. He stated that chickens do smell.
He stated that they allowed her five minutes and explained to her what the borough was going to do.
"You are more than welcome to do anything that you feel that you want to do. However, we will do what we feel to do and that would be to take you and your attorney to the magistrate. Your attorney and the magistrate can determine what we feel is necessary.”
"I find it unneighborly that you do this and ask your neighbors to come to a public meeting and defend their right to have a quiet neighborhood without chickens," Morgan added.
Depierre then focused on her neighbors who she said refused to talk to her and said they avoid her, run into the house, and close the door. She stated that her daughter had a letter to hand to them regarding chickens. She asked if maybe she could get feedback as to why people are so angry
about the chickens.
Morgan responded, "Probably because it is a neighborhood and they expect it to be a neighborhood and not a farm."
Morgan told her to do what she needed to do and the borough will follow suit in a manner that is appropriate.
Park asked Depierre if she filed for a zoning compliance form before building the coop at the residence on High Street. Depierre did not answer the question.
Depierre said she hopes council will look at the codes and said there are issues with their codes.
Depierre stated that she hopes that "persecuting" her family for chickens they do not even have will stop. "I hope the borough stops spending time, resources, energy, and money persecuting my family for something we don't have." Depierre added before Morgan reminded her that her five minutes were up.
There was some concern during public comment from Depierre's neighbor, Sandy Swanson, that the coop was approximately 15 feet from the property line. Swanson said she was concerned that the property would not be maintained and might encourage rodents into the neighborhood. She added that she does not want the slaughtering of chickens and rabbits in her backyard, which is next door. “There has been garbage in the front yard for a month and now if they have chickens out back we are going to have rats,” Swanson said.
Morgan spoke up and said the court would ultimately have to consider the matter.