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Date: 11/14/2018
WEST SPRINGFIELD – The Town of West Springfield is getting closer to resolving the debate over whether backyard chickens should be regulated in town.
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 are currently no town laws regarding backyard chickens in residential areas.
Reichelt’s proposed amendments address 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 include:
• 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.
The Town Council conducted its second public hearing on the matter on Nov. 7. Although no residents came to speak during the first public hearing, which took place in mid-October, that wasn’t the case for the follow up hearing.
One resident brought up concerns over the feeding of the hens and the possibilities of attracting wildlife.
“The feeding of chickens is a ground-feeding situation and wildlife feeding for birds can also be ground-feeding as well,” said town resident, Chester. “If you’re looking to keep away bears by having this – it’s obvious. I think you have to be consistent if you’re going to adopt this ordinance. I, personally, don’t think West Springfield is a farm town anymore – I think we’re a city.”
Wildlife feeding has become a growing problem in West Side. In October, the Massachusetts Environmental Police had to euthanize a black bear within town borders after it had become habituated.
Proponents of the zoning ordinance were quick to fire back, however, citing that proper care and responsibility for the chickens is key to repelling wildlife.
“The average person doesn’t want to lose their chickens to pests, so you build a coop,” said another resident. “People are going to build a coop that is going to deter rodents. Chickens don’t need a gigantic pile of food – it’s going to get wet and soggy – so you feed them a little bit every day. It’s not like they’re going to have a gigantic pile that’s going to attract bears.”
Another resident echoed the sentiment, claiming bears are more attracted to trash and birdfeeders.
As far as next steps go, the council president said it gets a “little complicated.”
“I think what we [the Town Council] discovered in this process is that apparently the ordinance is really two pieces,” he said. “One is the zoning of it, meaning the Council is in charge of whether you can have them or not, and what the size of the property has to be. The other portion of it falls under the Department of Health, which is getting the permit and having them come out and look at it. So, if we [the Council] allow it and get the zoning change, then the Board of Health will have their public hearings.”
Condon explained that the Council would be meeting with the town attorney to learn more about how much jurisdiction the council members have over editing or changing the details of the ordinance.
If the council can only determine whether the town should have the chickens or not, then it may take a quick vote after meeting with the attorney. If they have a bit more power to edit and change certain details, then it will most likely take a vote during a December meeting, said Condon.
“What we’re trying to find out from the town attorney is, ‘where is the delineation here in terms of what we can change and can’t, what’s our authority in this process?’” he said. “ Because I thought, originally, that the whole ordinance was up for grabs for us, meaning we can edit and change as we see fit.
“What the attorney tells us will lead us to our next steps,” he continued.
Reminder Publishing will have more on the story as it develops.