Members Present: Jane Roberts, Chairman, Steve Filipi, Ashley Fletcher, and Gretchen Wittenborg, and alternate Jack Ernst.
Others present: Selectmen’s representative Mike Methe.
Meeting was called to order at 7:00 PM
Public hearing: Bernadette Hietala appeal for a special exception under Article III, Section 127-8 E. to keep livestock on property located at 19 Perry Road, Residential District, Map 29, Lot 4.
Roberts noted that a full Board was present. She reported that the Board had completed a site walk on August 9, 2006. Roberts, Wittenborg, Ernst and Buonomano were present. The report of the site walk is attached to these minutes.
Roberts clarified that the setbacks, as measured during the site walk were as follows: the barn is 29 feet from a property line and the chicken coop is five feet from the nearest property line. The chickens are nearly 100 feet from the front boundary.
Ernst, referring to RSA 47:17 X. for a definition of livestock, said this RSA included as ‘Stock at Large’ ‘….geese, …..and other poultry….’ He noted that an abutter at the last meeting questioned whether or not poultry are included in the town definition of livestock.
Roberts said that the Board heard noisy geese, which were not on the Hietala’s property, noting the Hietalas should not be blamed for the noisy animals on a neighbor’s property. She added that the Selectmen have issued a cease and desist order to the neighbor with the geese, turkeys and guinea fowl. Methe confirmed that.
Ernst asked Mr. Hietala where their well was located. Mr. Hietala replied it was right next to the corner of the front porch. Roberts asked how far that was from the chickens, and he said it was approximately 50 – 60 feet.
Filipi said it was critical to meet the setbacks because this is a densely populated residential district and this situation is different than if the same acreage was in the rural district. He said if this was a dry 3.7 acre lot and the setbacks could be met it would be a different story. Here, with the land constraints, the animals could be in the neighbors’ faces.
Fletcher said it is a difficult emotional situation for all of the parties involved, but the ZBA has to make a decision based on the land use ordinance. He feels the most reasonable thing the Board can do is to give the Hietalas enough time to place the horse in a good situation. Fletcher personally doesn’t feel poultry are livestock.
Methe said a police report for the week of August 13 – 19, 2006 recorded two calls from this neighborhood. Law enforcement responded to both calls, one regarding a barking dog and one regarding harassment.
Mr. Hietala disagreed with the estimate of the population density of the neighborhood. Mr. Troutman calculated the density omitting the Hietala property acreage and that of another resident. Filipi said the Troutman estimate was 13 residents living within a 4.7 acre space, adding it did not include the Hietala lot and one other. Mr. Troutman said he calculated the estimate using the list of abutters and the annual report.
Mr. Hietala said these residents live on another street. If his property was included then there would be more acreage than 4.7 acres. He said he couldn’t believe anyone would know if he had a horse or chickens on the land unless you were on the property. He asked since when can’t you have a horse and grow your own eggs.
Wittenborg said the Board can only deal with town regulations and the zoning ordinance was adopted by the town in 1987, and this amendment was adopted in 2006. Prior to 1987, the town relied on the Selectmen to settle these issues. She added that on the site walk the Board did not discern any odor or noise. On the day they were on the premises they found the animals healthy, in good shape and well maintained, especially the horse.
Cheryl Jackson, abutter, asked what animals the Board saw on the site walk. Roberts reported that other than domestic pets, which are not part of the Board’s purview, they saw one horse, one rooster, and 4 hens. Mrs. Jackson asked where all the other animals were? Ernst said the geese, hens, turkeys and roosters were on the neighbor’s property and he assumed the guinea fowl were there too.
Mrs. Jackson noted the animal control officer counted more than 40 birds on the property. Where are they and whose are they?
Travis Eaton, interested party, Royalston Road, said he’s spoken with the owners of the birds and the guinea fowl and geese have been taken to a Turtle Rock farm. Mrs. Hietala said she had personally moved the geese to Laurel Heights.
Fletcher said the holding pen for the chickens was 50 – 60 feet from the Hietala’s well and the regulations require 75 feet. Mrs. Hietala said she would move the chicken coop if necessary to comply.
Joan Martin, abutter, said she lived at the bottom of the hill and when it rains water flows from the Hietala property to their property and could contaminate their well. Mr. Hietala said the Children’s Pond drainage is what makes his property so wet and it flows down across the Martin property too.
Ernst said the only way to meet the 50 foot setbacks from any boundary line is to go back 50 feet to the north of the post in the woods – he wondered how far it was to the wetlands from there. Mr. Hietala said he thought it was about 200 feet.
Mrs. Jackson asked if moving the chickens 50 feet would affect the noise. Mrs. Hietala said the noise was from the neighbor’s roosters, not hers. She said the neighbor has a RI Red and a Bantam, which are very noisy birds. She added they have no control over the neighbor’s animals.
Ann Cramer said one rooster is enough to wake up a neighborhood; they can hear each other’s radios when the windows are open. She added her concerns about manure and water runoff seeping into their wells.
Roberts restated the facts the Board has to go on are that the chicken coop is five feet from a boundary line and the barn, where the horse is kept, is 29 feet from the nearest boundary line. The ordinance calls for livestock to be kept at least 50 feet from any boundary line.
Fletcher moved and Wittenborg seconded a motion to deny the special exception, recommending a time frame to remove the animals.
Wittenborg asked if the neighbors would be amenable to the Hietala’s keeping the chickens if they got rid of the rooster. The neighbors present responded negatively.
Roberts asked Wittenborg about how long it may take to place a horse. She answered at least 3-4 months. Mr. Troutman, abutter, said the neighbors felt 3 months was OK to remove the horse as long as the chickens were removed immediately.
Hearing no further discussion, the Board voted unanimously to deny the special exception, with the recommendation that the Hietala’s have up to four months to find an appropriate situation for the horse and two weeks to remove the poultry from the property.
Following the public hearing, Wittenborg reported that Matt Buonomano was doing some research on livestock ordinances in preparation for a presentation to the Planning Board. He has a number of questions. She said an ordinance like this is usually a noise ordinance enforced by the Selectmen. She felt it wasn’t really a land use issue. She noted there are conflicting definitions of livestock. It would be hard to meet the setback requirements of this ordinance on a one acre property, and meeting them could mean an excessively small keeping area. She wondered what the Planning Board intended.
Ernst suggested perhaps the quantity of animals needed to be defined. Wittenborg said she’d rather see the Selectmen make that determination, rather than the Planning Board making it by regulation. Methe said the Planning Board tied it to land use, the Selectmen have to enforce it and it is a real problem. But he added it really is a land use issue because it states what is and is not allowed in the different districts. It needs definition.
Wittenborg felt some animals are not appropriate on a one acre property, even in the rural district. Animals do get out of fences and the public needs to be safe.
Methe said in 99% of cases neighbors try to get along, but this neighborhood is very populated and feels even more so in the fall and winter when the leaves are gone. He felt the neighbors are trying to agitate each other. He added that the whole area is underlain with granite and is very wet. Wittenborg said that was not safe for animals. Methe added water runoff takes with it everything that is on the ground.
Filipi said the selling point for the ordinance in March was that the town was being more lenient, but he felt that the required setbacks may not be able to be met even on a three acre lot. Wittenborg said the horse community feels that at least three acres are needed to keep a horse, and that horses generally don’t do well if they are alone. Filipi said he didn’t think you could put an animal and a well on one acre and meet the required setbacks.
Wittenborg asked the Board if it was appropriate to take the ordinance back to the Planning Board for input – the Board agreed.
Minutes: Fletcher moved, Filipi seconded and the Board approved the minutes of the August 8, 2006 meeting as written. Fletcher noted a typo which will be corrected.
Wittenborg moved, Ernst seconded and the meeting was adjourned at 8:00 PM.
Filipi noted he can do site walks if they are scheduled after 6 PM.
Fletcher said this would be his last meeting. He is moving out of town in mid September. Roberts and the Board thanked him for his service, saying they will miss his sense of humor.
The Board recommends that Jack Ernst be made a full member of the Board and that another alternate be appointed.
Wittenborg moved, Fletcher seconded and the Board voted to adjourn.
| 
