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HomeMy WebLinkAbout2013-05-20 Planning Board Supplemental Materials Article 28 - Chickens Town of North Andover Annual Town Meeting May 21, 2013 Article 28: Citizen’s Petition – Proposed Zoning By-law to Allow the Keeping of Backyard Hens. To see if the Town will vote to allow the keeping of backyard chickens as permitted in the attached proposed zoning by-law, which changes language in sections 4.121 and 4.122 – permitted agricultural uses for Residence 1, 2, 3, and 4 Districts. Annotations are provided in italics to explain why each restriction is being proposed, but not intended for inclusion in the final by-law. For Residence 1 District, Residence 2 District, Residence 3 District: Replace 4.121.6(a) with the following language On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds, except chickens being kept, harbored, raised, or maintained as accessory to a residential single family structure as defined in 4.121.6(e), in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5), the keeping of one additional animal or bird but not the keeping of animals, birds, or pets of persons not resident on such lot. \[Modified to exclude chickens from the current animal restrictions.\] Add new language as 4.121.6(e) A single-family residence may keep a maximum of six (6) hens. \[This limitation is included to limit concerns about noise and smell. Six chickens will typically produce 4 eggs a day, enough for most families.\] For lots of at least (3) acres, a single-family residence may keep a maximum of three (3) hens per acre of lot size. \[The existing by-law only allows one hen for each acre of lot size greater than three. This language expands the amount of hens allowed for lots sizes of three acres or more to be more in-line with what we are proposing for lots smaller than three acres.\] No roosters shall be permitted. 1 Article 28 - Chickens \[Included due to concerns about noise. Roosters are far noisier than their female counterparts, and not needed for hens to lay eggs.\] Such residence must maintain a minimum coop area of 4 square feet per hen. \[This is an animal welfare provision, based on standard poultry husbandry practices and recommendations from various humane groups.\] The owner of the hens must live in the residence. \[This helps to ensure hens are kept for personal use only; no boarding or renting of coops.\] Hens and coops are prohibited from the front yard of a residence, unless screened by a privacy fence of at least seven six (76) feet in height. \[Included to ensure that the overall character of neighborhoods will not be negatively impacted by the presence of chicken coops visible from the road.\] No coop shall be located closer than forty (40) feet from any residential structure occupied by someone other than the hen owner, custodian or keeper. If the owner of the neighboring dwelling consents, however, a waiver shall be granted for this condition. \[The intent of this provision is to protect abutters from noise and odor. The average noise level of a flock of chickens (~63 dB) recorded at forty feet away is comparable to an average quiet yard (~35 dB.) For comparison, a dog bark is typically between 85-100 dB. In regards to odor, chicken litter that is kept dry and properly composted should pose no problem.\] The hens shall be secured in a coop from sunset to sunrise and contained in a fenced area on the property when out of the coop. \[Included due to concerns about predators attracted to unsecured chickens, and also the destruction of property caused by free-range chickens allowed to roam onto adjacent lots.\] This use shall meet all current applicable State or Board of Health regulations regarding the raising of chickens. \[Although somewhat unnecessary to include, this language should dispel concern that the keeping of hens poses a health risk. Currently, the Commonwealth of Massachusetts requires that all chickens bought or sold to residents must be certified salmonella-free (MGL Chapter 129, Sec 26B)\] For Residence 4 District: Replace 4.122.6(b) with the same language that is proposed for 4.121.6(a), as written above. Add new language as 4.122.6(e), the same as which is proposed for 4.121.6(e), as written above. Petition of Hillary J. Stasonis, et al Board of Selectmen Recommendation: Favorable Action 2 Article 28 - Chickens Planning Board Recommendation: Favorable Action with certain revisions Vote Required: Two-third (2/3) Vote 3 Article 28 - Chickens 4