Proposal would add ‘micro-farming,’ poultry permits to town code
One couple is hoping to persuade Niskayuna official to accept their proposed changes to the town code and allow chickens in areas zoned residential.
We went to court for the chickens, and they found the town code wasn’t clear about it, said Brenda Helm. `I thought it was a good opportunity to make it clear and to make sure it is protected.`
On Jan. 3 the Town Court ruled John Helm, Brenda’s husband, to be in violation of sections 220-4 and 220-10D of the town code and ordered the Helms to remove their chickens from the property. The Helms are appealing the decision, and Brenda Helm, with the help of her attorney, Jennifer Storm, drafted changes to chapters 81, 142, and 220 of the town code that would allow poultry and fowl, along with micro-farming, within R3 Residential Districts.
The first step is establishing fowl and poultry permits, which is addressed in the draft’s addition of Article V to chapter 81, which would require fowl and poultry for micro-farms to be registered. There would be a $50 permit application fee and a $5 registration fee per bird. The permit would need to be renewed every five years.
Brenda Helm said she is aware of the noise issues that come with keeping roosters and had previously removed a rooster from her property to the Quarter-Acre Rescue Ranch in Johnsonville, which is also where the chickens are now. To address the rooster issue, she added to the noise portion of the code, chapter 142, that roosters and other crowing birds and poultry are not allowed in R3 Residential Districts.
Recently Brenda Helm visited her chickens and rooster at the rescue and she said her rooster, Sid, was happy to have his `girls` back with him, though she isn’t as happy about the setup.
`We try to help as much as we can, and every time we are [at the rescue] we try to give them a little bit of money and help with the food supply,` she said. `They ask us for nothing, so we do our best, but they are really kind of absorbing the expenses at this point.`
She said she views her current court appeal on the ruling of chickens on her property and the petition for micro-farming as two separate matters.
`People have rights, and they need to be preserved so this doesn’t happen again,` she said.
In her draft of the town code’s definition of a farm, she added the exclusion of micro-farms from the definition. She also added definitions for fowl, poultry and micro-farming to the code. The new farm type would only allow for personal gardens and keeping of permitted animals for the production of food for use of residents of a single-dwelling home. Animal housing and structures would need to confirm to the newly added section addressing such regulations.
`We were talking with people in the community, and more people are stopping by here, and there was a lot of anger, and I don’t want it to be about anger, I want it to be about education,` she said.
To help with the education aspect, Patricia Foreman sent Helm copies of her book `City Chicks,` so she could donate them to local schools, libraries and town officials. The book discusses how to keep chickens responsibly in towns and cities to help with gardening, composting and food production.
Helm has also been engaging the community by passing around a petition for residents to sign in support of the proposed amendments and changes to the town code, which she plans to complete around the end of May. All of the signatures will be attached with the proposed amendments when submitted to the Town Board.
Town Attorney Peter Scagnelli said if the Helms wanted to put forward an amendment to the town’s R3 Resident District to allow for chickens to be held on a property that the change could be a long process.
`They are not filing a paper and in a couple of days and get an answer,` said Scagnelli. `They would have to make a formal request to the Town Board that such a change be made to the zoning ordinance.`
In the meantime, Helm said she is encouraging residents to continue writing Town Board officials in support of her cause. Also, a Facebook page has been created under the name `Niskayuna Chickens` to offer updates on the process.“
