Concord committee balks at decision over backyard chicken ordinance

By ALYSSA DANDREA

Monitor staff

Published: 09-02-2020 5:30 PM

Ten-year-old Francesca Brown will have to wait a few more weeks to learn whether a city committee will support her calls to amend Concord’s backyard chicken ordinance, thereby getting her one step closer to realizing her dream of raising a flock.

It was roughly one year ago now that Francesca, who goes by “Fran,” first drafted a letter to city officials asking them to rethink the ordinance so she could raise chickens at her family’s Garden Street home. The current ordinance allows five chickens – although no roosters – per acre or less of land, with a minimum of a 30-foot buffer between property lines.

A proposal before the city’s Public Safety Advisory Board recommends a reduction of that buffer requirement from 30 feet to 5 feet.

While a public hearing was held Monday afternoon on the proposal, committee members asked for additional time to research the matter and consider feedback from residents, including Fran and her mother, Stacey. Ultimately, the committee’s recommendation will go before city councilors who have the deciding vote on whether to change the municipal law, which has been in effect since 2011.

“People are seeking comfort in these troubling times and pets are a huge part of that,” Fran told the public safety committee over Zoom.

“When I had chickens, nothing made me feel better than curling up with a chicken on my lap,” she continued.

When Fran was 4 years old, she had five hens: Clucks Skywalker, Goldy, Blacky, Feathery Foot and Henny Penny. They lived in a potting shed attached to her family’s house, and that shed had a hatch that led to a ramp and a small outdoor enclosure.

The setup made sense for the family, but did not comply with Concord’s backyard chicken ordinance; the Browns’ hens were 19 feet from two neighbors and the coop was located right next to the property line of a third neighbor. In 2014, the city code enforcement officer told the Browns they had to give their hens away.

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During Monday’s public hearing, Fran and her mother told the advisory committee there are many misconceptions about chickens, including how much noise they make and whether they attract predators to urban areas. They said they hope to debunk common myths and educate community members as they gain support to amend the current ordinance.

“Chickens not only teach us but protect us, as well. Mosquitos and ticks, which are carriers of potentially deadly diseases, are devoured by chickens,” Fran said. “They can also be climate change activists. The average person throws away about 212 pounds of food and yard waste a year. That food waste usually ends up in a landfill and harms the environment. Chickens will happily devour that food waste and in exchange will give you fresh eggs and manure.”

Between 2009 and 2019, the city received fewer than 20 complaints about chickens, Stacey Brown said, noting she filed an information request with the city under the state’s right-to-know law. She said no one complained about an odor emanating from a chicken coop or about varmints.

The Browns said Monday that they’ve received strong support from Concord residents and local experts, noting a petition drafted by Fran garnered 80 signatures from people who back the chicken ordinance and a reduction to the buffer zone.

However, some neighbors aren’t so enthusiastic about the proposal and fear a reduction of the buffer zone to five feet could incite disputes.

The Browns’ neighbor Gina Brochu told the committee Monday that she opposes a five-foot buffer.

“If you don’t have 30 feet in your backyard is it really fair to the animals and the abutting neighbors for you to raise livestock as pets?” Brochu asked.

“In some instances, downtown property lines are right up against family homes,” she continued. “If the ordinance is changed to reduce the buffer to five feet, a person can raise their chickens closer to a neighbor’s home then their own.”

She said with so many people working at home now because of the COVID-19 pandemic, it’s not a good time to introduce a new source of stress and contention.

Ward 2 Councilor Erle Pierce, who sits on both the safety committee and planning board, said a proposed revision to the backyard chicken ordinance first went before city planners in August 2019. At that time, the planning board voted 5-2 to recommend that city councilors reduce the buffer zone to five feet.

What really swayed the board was a conversation about whether city ordinances require a buffer zone for dog houses, he said.

“There being none and many recognizing chickens as pets, that was the turning point,” Pierce said.

Given the backyard chicken ordinance took effect nearly a decade ago, the committee requested more time to educate themselves about the issue and to research how other municipalities have responded to similar requests.

The committee has not yet set a date for its September meeting.

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