I guess I missed the part about voting. I better go back to the link and vote.
Lets see if we can help this family in MA
- Thread starter Rhett&SarahsMom
- Start date
I just voted 288 YES, 33NO, 7unsure
Pass the work on some of the other threads. I'm in Oklahoma, but I went and voted. I have chickens illegally in
my backyard, & it's kind of a snooty little town, so not much
hope of getting the laws changed any time soon.
Can you BYCers in that state, get together and write a letter to the editor of that paper? Just a thougt.
Lashawn
Pass the work on some of the other threads. I'm in Oklahoma, but I went and voted. I have chickens illegally in
my backyard, & it's kind of a snooty little town, so not much
hope of getting the laws changed any time soon.
Can you BYCers in that state, get together and write a letter to the editor of that paper? Just a thougt.
Lashawn
My problem started with Jerry crowing...I didn't know that I needed a permit...I rehomed him and Slifer started crowing and I started fighting City Hall...I was NOT gonna get rid of another baby.
It wasn't the smell; it was just the "noise"...that got me in Dutch.
Maybe that's the deal, but I have a kid who goes up and down the street with his music turned up so loud my root canal cap can pop off. How about leaf Blowers and a motorcycle. Even BABIES are louder than roosters...can you tell I did research?
It wasn't the smell; it was just the "noise"...that got me in Dutch.
Maybe that's the deal, but I have a kid who goes up and down the street with his music turned up so loud my root canal cap can pop off. How about leaf Blowers and a motorcycle. Even BABIES are louder than roosters...can you tell I did research?
Here's one right from their paper:
Feathers fly over chickens
Fairhaven orders family to get rid of livestock
Kate Vliet and her son, Massimo, 3, feed their chickens recently. The Vliet family is in the middle of a legal battle with the town of Fairhaven and the Board of Health regarding the chickens housed on their property.
By CHARIS ANDERSON
Standard-Times staff writer
August 14, 2008 6:00 AM
FAIRHAVEN For Kate and John Vliet, raising chickens in the backyard of their Sconticut Neck Road home was a natural extension of their sustainable, organic lifestyle.
It was a project the entire family, including their 3-year-old son, Massimo, could work on together, and it had the added benefit of providing a healthy source of protein in the form of eggs.
It was definitely not something they thought would launch a more than yearlong battle with the town's Board of Health a battle that is still playing out in court.
"We're not trying to do the wrong thing; we're not trying to endanger anybody," Mrs. Vliet said. "We're trying to find an affordable, healthy way to feed our family."
The Vliets and the town have been facing off since January in a civil suit that boils down to one central dispute: the Vliets want a permit to keep their chickens, and the Board of Health wants the chickens gone.
Court records filed by the town allege the Vliets' "actions endanger the public health, safety and welfare, and constitute a public nuisance."
The town plans to file a motion this week seeking a preliminary injunction to remove the chickens from the Vliets' property, according to attorney Michael Kennefick.
The case is scheduled to be resolved by January, but "we didn't want to allow them to keep the chickens for another five months," Mr. Kennefick said.
The Vliets' case against the town is a misunderstanding of the town's health regulations versus the zoning bylaws, he said.
Under the rural residential zoning of the Vliets' parcel, livestock raising is a permitted use, the zoning code states; the health regulations require residents keeping domestic animals to report to the Board of Health before Jan. 1 each year and state that the board "may require such owners or occupants to obtain a permit to keep certain classes of domestic animals."
"It has absolutely nothing to do with zoning," Mr. Kennefick said. "They don't have a permit to keep chickens. We've tried to explain this to them a bunch of times."
That the Vliets do not have a permit to keep chickens is not for lack of trying.
They bought their chickens in May 2007 and, at first, it didn't even occur to them they would need a permit, according to Mrs. Vliet.
However, after checking with the town's animal control officer in July 2007, Mrs. Vliet went to the Board of Health
to request a permit application, starting a process that would drag on for the next several months, she said.
The Health Department directed Mrs. Vliet to circulate a petition in her neighborhood, but, between juggling her family and other responsibilities, she said she was unable to connect with her neighbors.
Instead, she sent certified letters to six abutters in October; their responses were submitted to the Board of Health, according to Mrs. Vliet.
On Nov. 12, Cheryl Jackson, then the animal control officer, inspected the hen habitat. In an affidavit submitted to the court, she stated, "In my professional opinion, I saw no reason why the Vliets would be denied a permit."
An initial hearing was held before the Board of Health on Nov. 15.
At that meeting, the daughter of the Vliets' next-door neighbors, who have lived in their home for 56 years, expressed strong objections to the chickens, according to the meeting's minutes.
The board followed the first hearing with a site visit to the Vliets' home, a second hearing Dec. 10 and a third and final hearing Jan. 3, during which the board voted unanimously to deny the Vliets' permit, according to court records.
It was only after receiving notice that their permit application had been denied that the Vliets turned to the courts.
"I couldn't get my head around that that could be legal," Mrs. Vliet said of the permit's denial. "It was more than just the chickens. I feel that it's about sticking up for our family."
Neither Pat Fowle, the town's health agent, nor Charles Murphy, former chairman of the Board of Health, would comment on the Vliets' situation due to the ongoing court case.
The Board of Health has granted other domestic animal permits to people living in close proximity to the Vliets, according to Mrs. Vliet.
She requested a list of all permits granted in rural residential zones in the past five years; among those approved permits were one for 150 pigeons on a 10,922-square-foot lot next to the Little People's College on Sconticut Neck and one for 13 chickens and two roosters on an 18,101-square-foot lot on Camel Street, about six-tenths of a mile from the Vliets.
The Vliets' irregularly shaped lot is about 19,000 square feet. The backyard, where the chickens are kept, is about 30 feet wide and 300 feet long, according to Mrs. Vliet.
The board cited the "topography" of the property as one factor in its denial of the permit but, according to Mrs. Vliet, the chicken coop is 5 feet from the property line as required by the town's building code.
"It's really difficult for me to reconcile the town's position," Mrs. Vliet said. "Each town has the opportunity to govern itself. ... What they don't have the right to do is enforce (their regulations) differently for each citizen."
Contact Charis Anderson at [email protected]
Feathers fly over chickens
Fairhaven orders family to get rid of livestock
Kate Vliet and her son, Massimo, 3, feed their chickens recently. The Vliet family is in the middle of a legal battle with the town of Fairhaven and the Board of Health regarding the chickens housed on their property.
By CHARIS ANDERSON
Standard-Times staff writer
August 14, 2008 6:00 AM
FAIRHAVEN For Kate and John Vliet, raising chickens in the backyard of their Sconticut Neck Road home was a natural extension of their sustainable, organic lifestyle.
It was a project the entire family, including their 3-year-old son, Massimo, could work on together, and it had the added benefit of providing a healthy source of protein in the form of eggs.
It was definitely not something they thought would launch a more than yearlong battle with the town's Board of Health a battle that is still playing out in court.
"We're not trying to do the wrong thing; we're not trying to endanger anybody," Mrs. Vliet said. "We're trying to find an affordable, healthy way to feed our family."
The Vliets and the town have been facing off since January in a civil suit that boils down to one central dispute: the Vliets want a permit to keep their chickens, and the Board of Health wants the chickens gone.
Court records filed by the town allege the Vliets' "actions endanger the public health, safety and welfare, and constitute a public nuisance."
The town plans to file a motion this week seeking a preliminary injunction to remove the chickens from the Vliets' property, according to attorney Michael Kennefick.
The case is scheduled to be resolved by January, but "we didn't want to allow them to keep the chickens for another five months," Mr. Kennefick said.
The Vliets' case against the town is a misunderstanding of the town's health regulations versus the zoning bylaws, he said.
Under the rural residential zoning of the Vliets' parcel, livestock raising is a permitted use, the zoning code states; the health regulations require residents keeping domestic animals to report to the Board of Health before Jan. 1 each year and state that the board "may require such owners or occupants to obtain a permit to keep certain classes of domestic animals."
"It has absolutely nothing to do with zoning," Mr. Kennefick said. "They don't have a permit to keep chickens. We've tried to explain this to them a bunch of times."
That the Vliets do not have a permit to keep chickens is not for lack of trying.
They bought their chickens in May 2007 and, at first, it didn't even occur to them they would need a permit, according to Mrs. Vliet.
However, after checking with the town's animal control officer in July 2007, Mrs. Vliet went to the Board of Health
to request a permit application, starting a process that would drag on for the next several months, she said.
The Health Department directed Mrs. Vliet to circulate a petition in her neighborhood, but, between juggling her family and other responsibilities, she said she was unable to connect with her neighbors.
Instead, she sent certified letters to six abutters in October; their responses were submitted to the Board of Health, according to Mrs. Vliet.
On Nov. 12, Cheryl Jackson, then the animal control officer, inspected the hen habitat. In an affidavit submitted to the court, she stated, "In my professional opinion, I saw no reason why the Vliets would be denied a permit."
An initial hearing was held before the Board of Health on Nov. 15.
At that meeting, the daughter of the Vliets' next-door neighbors, who have lived in their home for 56 years, expressed strong objections to the chickens, according to the meeting's minutes.
The board followed the first hearing with a site visit to the Vliets' home, a second hearing Dec. 10 and a third and final hearing Jan. 3, during which the board voted unanimously to deny the Vliets' permit, according to court records.
It was only after receiving notice that their permit application had been denied that the Vliets turned to the courts.
"I couldn't get my head around that that could be legal," Mrs. Vliet said of the permit's denial. "It was more than just the chickens. I feel that it's about sticking up for our family."
Neither Pat Fowle, the town's health agent, nor Charles Murphy, former chairman of the Board of Health, would comment on the Vliets' situation due to the ongoing court case.
The Board of Health has granted other domestic animal permits to people living in close proximity to the Vliets, according to Mrs. Vliet.
She requested a list of all permits granted in rural residential zones in the past five years; among those approved permits were one for 150 pigeons on a 10,922-square-foot lot next to the Little People's College on Sconticut Neck and one for 13 chickens and two roosters on an 18,101-square-foot lot on Camel Street, about six-tenths of a mile from the Vliets.
The Vliets' irregularly shaped lot is about 19,000 square feet. The backyard, where the chickens are kept, is about 30 feet wide and 300 feet long, according to Mrs. Vliet.
The board cited the "topography" of the property as one factor in its denial of the permit but, according to Mrs. Vliet, the chicken coop is 5 feet from the property line as required by the town's building code.
"It's really difficult for me to reconcile the town's position," Mrs. Vliet said. "Each town has the opportunity to govern itself. ... What they don't have the right to do is enforce (their regulations) differently for each citizen."
Contact Charis Anderson at [email protected]
Is there an on-line resource to identify what your local ordinance is? I am also in MA and it have had chickens for 2 years now without looking into permits (never occured to me). We're on a cul-de-sac, surrounded by like 13 acres of conservation land. Our neighbors don't mind our chickens (so they've said anyway) and I'm almost afraid that asking about permits now may cause me more trouble than if I leave well enough alone. Is there any way to look into it without drawing attention to myself?
What town are you located in? Do they have a website? Most towns in MA do. Read through your zoning laws - do a search on the word 'poultry' and you should find what you need.
- Thread starter
- #17
- May 8, 2008
- 2,446
- 15
- 201
my city has nothing regarding poultry on the "books"
Is a permit required? Yup. Do I have one? Nope.
As long as the neighbors are ok with them I am not saying a freaking word about it to city hall.
In my city things like permits for horses etc are handled on a case by case situation. People nearby have a horse and a pony which they take to the elderly housing complex for visits. The amount of unlicensed (and more than likely unvaccinated) dogs in the city is outrageous. And the amount of abandoned dogs roaming the streets each summer jumps when the college kids leave their pups behind. The barking, the constant construction that is now surrounding my neighborhood, the students parking on both sides of narrow roads, speeding sdown those same roads...
I tell ya. The city ever starts with me and they will regret it. As it is the school superintendent and now associate dean have "marked me" as being rather outspoken about issues in regards to the school. I am sure the mayor knows my name as well.
Is a permit required? Yup. Do I have one? Nope.
As long as the neighbors are ok with them I am not saying a freaking word about it to city hall.
In my city things like permits for horses etc are handled on a case by case situation. People nearby have a horse and a pony which they take to the elderly housing complex for visits. The amount of unlicensed (and more than likely unvaccinated) dogs in the city is outrageous. And the amount of abandoned dogs roaming the streets each summer jumps when the college kids leave their pups behind. The barking, the constant construction that is now surrounding my neighborhood, the students parking on both sides of narrow roads, speeding sdown those same roads...
I tell ya. The city ever starts with me and they will regret it. As it is the school superintendent and now associate dean have "marked me" as being rather outspoken about issues in regards to the school. I am sure the mayor knows my name as well.
I just checked the Town Bylaws for my town and found that there was no mention of restriction on keeping chickens or any livestock. There is a statement that no one can allow their dog to bother livestock, but no mention of regulation on livestock.
Quote:
Sounds like you're good to go, then. Just keep a watchful eye on the town hall and make sure they don't cook something up without you're being aware - that way you can give them your input when they're 'cooking'.
Sounds like you're good to go, then. Just keep a watchful eye on the town hall and make sure they don't cook something up without you're being aware - that way you can give them your input when they're 'cooking'.
- Thread starter
- #20
- May 8, 2008
- 2,446
- 15
- 201
what i found interesting is that a person can keep chickens in Cambridge Ma of all places. But not some more rural towns.
Come spring I just might take Audrey to Harvard Square
Come spring I just might take Audrey to Harvard Square
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