Council to take up chicken ordinance Monday (Printed Aug. 3, 2007)


By Amanda Estes

Staff Writer

    Historians will likely look back at these last few months as South Portland’s summer of the chicken.

    Since 11-year-old Olivia Collins and her mother
Stacey Collins first approached the city council on June 30 with a
request to change the city’s zoning ordinance to allow for the
possession of female chickens or hens as household pets, the issue has
taken off, drawing support and opposition from all over the city.

    The council held two workshops on the issue before
moving it forward to the planning board. Councilors were hesitant about
acting too quickly, citing concerns about enforcement, the impact on
property values and sanitation issues. On August 6, the council will
conduct a first reading on the proposed amendments.

    Olivia, her mother and her father Neil have gathered
support for their cause through television and newspaper reports,
petitions, catchy slogans and a Web site, www.sopochickens.org. They
have collected nearly 300 signatures and are urging residents to
contact their city councilors.

    The Collins family has said keeping pet hens will
allow them to take their green lifestyle to the next level. The hens
will eat scraps from the garden on their 5,500 square-foot lot and the
manure can then be used for fertilizer.

    Fresh, organic eggs are also healthier for the body
and better for the environment because there is no need to transport
them, the family said.

    In addition, Stacey Collins has stressed  the
keeping of pet hens is a growing movement in urban communities across
the country. Closer to home, she said, Westbrook and Cape Elizabeth
allow residents to keep hens.

    On July 24, the planning board recommended the
amendments to the city council by a vote of 3-2, with Don Russell and
Craig Babbidge absent. Don Russell expressed his position in a letter,
stating he “felt that this could only be allowed on large lots and in
isolated areas that are well above the regular lot sizes.”

    Members of the planning board applauded the Collins’
research and largely agreed to move the issue to the council to prompt
more discussion and a harder look at licensing and enforcement.

    City attorney Mary Kahl is currently reviewing the
amendments, which were drafted by Director of Planning and Development
Tex Haeuser.

    According to the draft, residents would be allowed
to keep a maximum of six female chickens per property for personal use
only.

    Residents would be required to obtain a chicken
permit from the code enforcement officer on an annual basis and obtain
a building permit for the construction of a henhouse and chicken pen.

    Hens would require sanitary and odor-free enclosures or fenced in areas at all times.

    The henhouse must be constructed to “provide safe
and healthy living conditions for the chickens while minimizing
negative impacts to other residents in the neighborhood.” Unless a
resident has written approval from an abutting neighbor, henhouses must
be located at least 20 feet from side or front property lines and at
least six feet from rear property lines. The structure must also be
uniform in building materials and color.

    Residents would also have to take action to ensure
their neighbors are not affected by odors or noise from the hens.
Manure must be stored in an enclosed structure and manure not used for
composting or fertilizing must be removed.

    Any violations of the proposed amendments could
result in the removal of the hens. Hens may also be removed if it is
determined they pose a health risk.

    Planning board members Caroline Hendry and Rob
Schreiber did not endorse the zoning changes. According to meeting
minutes, Hendry said she appreciated the Collins’ research, but “felt
that this would not be the best choice for South Portland.”

    Having raised chickens herself, Hendry said they
were a lot of work and said she was not as concerned about noise or
predators as she was about cleanliness.

    Schreiber questioned whether the city would be
better off with the change. He said allowing hens would ultimately mean
more work for the city’s one code enforcement officer and the planning
department.

    He also disagreed with comparisons between South
Portland and Cape Elizabeth as Cape Elizabeth is a more rural
community.

    According to emails obtained by the Sentry, residents have not hesitated to let their opinions be known.

    One resident contacted councilors to say “too many
loop holes will be created and since from previous experience I know
how long it takes and how hard it is to deal with an unauthorized
‘in-law’ apartments, I can only imagine how long and messy it would be
to deal with unauthorized farm animals within the city limits.”

    In another email, a resident relayed his experiences
with a neighbor who had a “large aviary/coop” with chickens and fancy
pigeons. He complained to the neighbor and code enforcement several
times about the noise and each time the situation would improve for a
short time. Ultimately, animal control ordered the removal of the birds
and they were killed, the resident wrote. With time, however, the birds
were replaced. Despite his negative experiences, the resident said hens
would be “ok” with enforced restrictions.

    South Portland’s Animal Control Officer Stan Brown could not be reached for comment.

    Among the emails there was more support than opposition to the amendments.

    “I do feel we should try to hold on to a bit of the
rural past,” wrote one resident. “Isn’t that what separates us from
Mass, CT and NY? Isn’t that why people move here?”

    Another resident said with the proper enclosures,
“chickens would be no more annoying than some dogs and cats.” He added
that he would like to see the ordinance be extended to include ducks.

    A family also invited councilors to their home to see the four chickens they purchased several months ago.

    “By visiting, we believe you could then make an
informed decision about whether or not chickens should be allowed in
South Portland. Come, see, smell, hear and touch for yourselves.”

    Residents will have the opportunity to share their
opinions during the public comment portion of the Aug. 6 meeting.

    According to the emails, Councilor Kay Loring will
vote against the ordinance change as she feels it “would open a
pandora’s box.”

    Mayor Claude Morgan, who has said he will support
the change estimated the ratio of support for the change at 15-to-one
in favor.









 

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