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Pittsfield ZBA Rejects Neighbor vs. Neighbor Chicken Appeal

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The Zoning Board of Appeals on Wednesday rejected a Ward 2 resident's request for an appeal of the building inspector's determination that chickens at 16 Kensington Ave. were being kept in code.

Charlene Wehry of Yorkshire Avenue argued that the chickens being kept by her abutting neighbor were in violation because of an insufficient coop and their ability to roam in the yard.

She also cited sanitary concerns with feces and possible diseases from the chickens.

Ward 2 Councilor Kevin Morandi represented Wehry with a petition about the fowl at the Ordinances and Rules Committee meeting in early May. The panel voted to postpone a final decision on the matter until after the ZBA meeting and will address it on June 9.

In late 2020, the birds' owners requested and obtained a special permit to keep the chickens on their property. The permit came with a set of conditions granted by the ZBA.
 
Wehry requested that a building inspector investigate the situation, to which he made a determination that the chickens were being kept in accordance with the special permit. She elected to appeal the building inspector's determination to the ZBA, which was filed this past Friday.
 
Three other members of the Wehry residence submitted testimonies in regards to the chickens' apparent disruption.

Wehry submitted a five-page cover letter, a six-page application, nine pages of attachments, and a two-page closing argument to the ZBA in preparation for this meeting.  


"The Zoning Board of Appeals only authorized the enclosure of half a shed in that 8-by-8-by-8 chicken run that was on Emily Silver's petition, not a fenced-in back yard," she said. "Emily Silver's back yard as an enclosure for chickens, one, was not in the approved. Zoning Board of Appeals, special permit so it should be deemed a violation and the building inspectors decision overturned."

Emily Silver — the chicken owner — her mother, and her neighbor at 26 Kensington Ave. called in to the meeting to refute Wehry's claims.  

"I feel that the chickens being enclosed in the back yard are posing no harm or threats to anyone," she said. "I keep the yard clean, they're out when I'm home."

Silver said she spoke with Permitting Coordinator Nate Joyner on the matter, who agreed that keeping her chickens in an enclosed back yard is in compliance.

Board member Thomas Goggins made a well-received suggestion that Silver moves the chicken coop away from Wehry's property and closer to her home.

"I think a fenced area is an enclosure and that being said, I think anybody who has the responsibility of keeping chickens or any other type animal in a residential area kind of has a responsibility to try to keep peace with the neighbors," he said. "And I think the residents at 16 Kensington should make every effort to make peace with the neighbors, and if they can, if possible move that fence along the back of the property line further away from the where it is now closer to the house if possible."

The motion to reject Wehry's appeal and support the building inspector's determination passed in a 4-1 vote with John Fitzgerald voting in opposition because he believed that the Silver's chicken coop was not in compliance because it was not fully sealed.

In this meeting, Fitzgerald also mentioned that the next ZBA meeting in June may be in person.


Tags: ZBA,   chickens,   

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Pittsfield Man Pleads Guilty to Manslaughter

PITTSFIELD, Mass. — On Friday, Jan. 17, Laquan M. Johnson, 29, of Pittsfield, pleaded guilty to manslaughter and seven charges connected to the April 4 killing of Stephan Curley.
 
The Honorable Judge Agostini of Berkshire Superior Court sentenced Johnson to 12 to 15 years in state prison. The sentence exceeds sentencing guidelines, which recommend 9 to 13.5 years. The plea took place prior to the result of a jury verdict from a trial that began on Jan. 8.
 
The Commonwealth requested a state prison sentence of 15 to 20 years, while the defense requested a sentence of 10 years to 10 years and one day.
 
"My thoughts are with Mr. Curley's family during this difficult time," District Attorney Timothy J. Shugrue said. "While Laquan Johnson's lengthy sentence will never bring Mr. Curley back, I hope it offers some measure of comfort to his loved ones. Gun violence affects not only the perpetrators and victims but the entire community. Today's plea represents a step toward healing, offering Ms. Satrape, Mr. Curley's family, and the community an opportunity to look forward toward a new day."
 
Johnson also pleaded guilty to additional charges, with sentences running concurrently:
  • 5 to 7 years for armed assault with intent to murder.
  • 2 to 3 years each for two counts of assault and battery by discharging a firearm.
  • 2 years in the House of Corrections for possession of a firearm without an FID card.
  • 2 years in the House of Corrections for possession of ammunition without an FID card.
  • 2 to 4 years in state prison for possession with intent to distribute cocaine.
  • 2 to 4 years in state prison for possession with intent to distribute a Class B substance.
On April 4, 2022, Johnson shot and killed 26-year-old Stephan Curley of Springfield and injured 28-year-old Dominique Satrape of Pittsfield.
 
At approximately 4:22 p.m., Pittsfield Police responded to ShotSpotter activation detecting five gunshot rounds near 71 King Street. At about 4:27 p.m., police were also dispatched to Berkshire Medical Center following a report of a person with a gunshot wound, later identified as Curley.
 
Police investigating the scene at 71 King Street observed Meilani Eurquhart, Johnson's sister, outside leaning over a garbage can. When questioned, she admitted to hearing gunshots but dropped several spent shell casings when asked to raise her hands. Officers also found additional spent shell casings on the porch.
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