West Springfield Town Council legalizes backyard chickens

Dec. 12, 2018 | Jordan Houston
jordan@thereminder.com

Councilor Sean T. Powers expressed his support for the ordinance during the Dec. 3 meeting.
Screen grab of Town of West Springfield’s Facebook Live video.

WEST SPRINGFIELD – After months of discussions and meetings within the Town Council, backyard chickens are now officially legal in West Side.

In August, Mayor William Reichelt made a proposal to Town Council President George Condon III to amend the Town’s Zoning Ordinance to establish a clear “baseline level of standards” for the keeping of hens on residents’ property – there were previously no town laws regarding backyard chickens in residential areas.

Reichelt’s proposed amendments addressed issues relating to the structures, location and amount of hens that may be kept on one’s property through the Zoning Ordinance.

The mayor proposed that residents whose lots are less than half an acre will be required to obtain a special permit to keep up to six hens on their property; those with more than half an acre will be permitted to keep up to six hens by right; and those with more than an acre of land will be permitted to keep between six and 18 hens by special permit. The amendments set out minimum coop and run structures based on the amount of hens being kept, and define setback requirements for the location of the structures.

Some of the highlights from Reichelt’s conditions and requirements included:

• The keeping of hens for commercial use shall be prohibited.

• Slaughter of hens on the premises shall be prohibited.

• Coops shall have a minimum of three square-feet per hen. Coops shall be connected to a fenced run, which shall provide a minimum of 10 square-feet per hen.

• All structures used for the keeping of hens shall: be located in the rear yard; be set back a minimum of 15 feet from all lot lines; be located at least 50 feet from any building or structure used for human habitation that is located on abutting property, which shall include property that borders on and directly touches the property border of the applicant as well as property directly opposite the applicant on any public or private street or way; be located at least 200 feet from the high water mark of any known source of drinking water supply tributary thereof, or any surface of water and at least 50 feet from any well. Surface water shall mean all waters other than groundwater, including, without limitation, rivers, streams, lakes, ponds, springs, estuaries, wetlands and vernal pools.

After two public hearings, the Council voted 7 to 2 on Dec. 3 to approve Reichelt’s zoning amendments – effectively legalizing backyard chickens in West Springfield. The councilors in favor were Sean T. Powers, Nathan A. Bech, Brian J. Griffin, Brian Clune, George D. Condon III, Bruce L. Gendron and Michael S. Eger, while the councilors opposed were Daniel M. O’Brien and George R. Kelly.

Although a majority of the Council expressed they were on board with the mayor’s original proposal, O’Brien – who is also a member on the Ordinance and Policy Committee – said he would have liked to change a portion of the proposed amendment.

“I was told there are approximately 40 families that have hens presently, and there are no regulations. I want to amend the zoning to where you have to have 5 acres to have hens, but also want to grandfather the people that have hens because they’re attached to them or because they have become a lifestyle choice for them,” he said. “However, they would fall under the regulations for their pens and how there cared for by the Health Department – I felt that struck a good balance between regulations for the people that have them, and to move us away from having them in the future. We’re not a farming community, I think once you open the door for any type of livestock, or non-conventional animal, there’s always a case that can be made for other things.”

Kelly, who is a non-voting alternate on the Ordinance and Policy Committee, echoed O’Brien’s sentiment.

The councilor said he believes the Council needs to take into account the residents who have the right to the “quiet enjoyment” of their homes.

“I think everyone needs to be able to follow their dreams in town. Are the 40 people in need of our protection to pass a hen ordinance, or are the other people who want the quiet enjoyment of their homes – should they be protected? I think that’s the real question,” he stated. “We are no longer a farming community. If somebody wants to do that sort of thing, I think they need to probably go to a less-settled community that’s not so densely packed.”

He added that he hopes the Council can find the “right solution” to satisfy both sides of the debate.

Bech, on the other hand, claimed that a majority of the residents who addressed concerns to the Council were in favor of the ordinance.

He also noted that roosters will be banned under the approved ordinance, addressing any possible noise concerns.

The council president expressed his support for the ordinance as well, relaying his own personal experience with backyard chickens.

“I have two free-range chickens in my neighborhood, and there are a couple of things that come to mind. One, I’ve never heard them at all – I see them, but I hear nothing out of them. And my neighborhood is full of predators. We have bears going through the yards, foxes, raccoons – the only thing I think I’m missing at this point is a moose. Frankly, I’m quite surprised because I’ve kind of been watching the two that run around my neighborhood for over a year now, and they’ve not been taken out by any predators,” he said. “They do come through the yard and eat a lot of bugs, which I am not opposed to, it does get little annoying when they’re kicking up the vegetation around the flowers, but I just rake it back in. But, I can’t say it’s been difficult to live with them under the circumstances.

“So, with that, I’m in favor of this ordinance. I think it’s a good piece of regulation. I think the Town Attorney did a good job of putting it together and addressing all of the concerns and I think if we find it doesn’t work, we do have the power to make changes down the road,” he continued.

Now that the zoning amendments have been approved, the Health Department will discuss and decide on regulations and enforcement.

The department will conduct public hearings on the matter in the near future.

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