Town claims pet chickens a violation of town code
The Town of Niskayuna is taking exception with a Hillside Avenue family keeping chickens as pets, claiming the birds run afoul of town code.
On June 4, Town Building Inspector Thomas Cannizzo visited the residence of Brenda and John Helm on Hillside Avenue in Niskayuna, finding chickens on the property. The Helm’s were then mailed a notification of their violation, which determined they could not have the chickens since they were not as a recognized farm in the town of Niskayuna. Also, they couldn’t apply to be a farm because their property resides in an area zoned for High-Density Residential.
Niskayuna’s Town Code defines a farm as any lot containing at least one acre which is used for gain in the production or raising of agricultural products, livestock, poultry and dairy products.
The Helms argue they are not using the chickens for any sort of gain and they just enjoy having the chickens as pets. Eggs produced by the chickens are not sold and John said he didn’t think they would be able to get a return on their investment. He estimated the chickens and coop they built outside their home totals a $2,000 investment.
`We get about nine to 11 eggs a day,` said Brenda. `We give them to our neighbors.`
The Helms neighbors on the side of the property facing the chicken coop are Amy LaMena and her husband. Until 8 p.m., a flood style light is positioned facing the Helm’s property shining on the chickens, but LaMena said the light has never bothered her.
`We are the people most affected by the poultry here and we love them,` said LeMena. `Leo’s bedroom is on that side of the house, but if we could ever pin him in his bed before 8 it would be a bloody miracle.`
A heat lamp stays on all night now cause of the colder weather, but it is located inside the walled coop.
`If you have never watched chickens they are hilarious,` said Brenda. `They have so much personality to them. All of ours have names and they loved to be petted.`
The chicken coop is fenced in with chicken wire and Brenda said she built the actual coop from scrap wood pieces around their home when they moved in, which belonged to John’s brother and before that their father before he passed away.
Also, the property used to be a mess, said LeMena, so she welcomed Brenda and John moving in to the property. John said his brother just used the house to store things and repairs were desperately needed on the house. LeMena questioned why the town never sought any violations before when the property was in disarray.
They both said neighbors have only said positive things to them about their chickens. Children from nearby families will come and play with them, they said.
`Brenda cleans the area at least once a week so that the smell never becomes a problem,` said John.
Brenda contends they have not been found in violation of anything, because there is nothing in the town code saying chickens can’t be kept as pets in their residential area.
`It is another thing to be a bully,` said Brenda about the town pursing their violation and bring them to court again.
Town Attorney Peter Scagnelli has been involved with the case and said he is aware of The Helm’s agreement for keeping the chickens, but he doesn’t agree with their reasoning.
`By using the chickens they are essentially using the property for farming purposes and that is not permitted in their zone and secondly the chicken coop is an accessory structure,` said Scagnelli.
He said he wouldn’t discuss anything specific on the case, because the town will be formally responding to the motion of dismissal by Dec. 8.“