Chickens could become a less public proposal in Guilderland if zoning board members determine past rulings set a precedent, despite prior claims against such ever being set.
The Guilderland Zoning Board of Appeals did not have to wait long for another request for interpretation to keep laying hens to come before it again. Two separate homeowners were at the ZBA meeting Wednesday, June 18, but next week board members will determine whether anyone living on a residential zoned property even have to ask permission. All it might take is a simple building permit for the chicken coop.
Laura and Dan Spanbauer, of 3016 Morgan Court, were requesting to keep up to six chickens in their property. Lisa Alonzi, of 3093 New Williamsburg Drive, was looking to up to 12 chickens. Both live within a single-family zone.
Laura Spanbauer said she was aware of the controversy surrounding the keeping of chickens in the town.
“I was getting fresh eggs from a friend for a while, and then I decided to kind of start this endeavor. And when I Googled it, I saw that there was a lot going on in Guilderland about it,” Spanbauer said.
The board most recently denied Dale Owen’s request to keep chickens at his Mohawk Drive home, but approved two prior requests.
A difference between Owen’s request and the two previously approved was in earlier cases, the chickens were already on the property. Many of Owen’s neighbors spoke out against him keeping chickens, which was also different from the other two requests.
Zoning board member Thomas Remmert, who acted as chairman for Owen’s application, had repeatedly stressed past and current decisions did not set a precedent.
ZBA Chairman Peter Barber revealed Wednesday past decisions might have done exactly that — establishing a baseline for what is allowable, at least until the Town Board weighs in on it.
“It would seem to me that you’re interrupting the code, we said what it means,” Barber said. “People may not like it. They can go to the Town Board at some point and try to reverse it, but in the interim if you do what the interpretation says you only need a building permit … for the coop.”
Janet Thayer, attorney for the ZBA, said state law allows the board to interpret the code, acting in “quasi-judicial function,” and the state Court of Appeals determined any ZBA should act “according to its own precedent.”
“Without some showing of substantial difference in fact on why we would render a decision in the opposite, the court has said the Zoning Board of Appeals would have to abide by its own prior interpretation,” Thayer said. “Otherwise, a decision could be considered by a court of law to be arbitrary and capricious.”
Thayer said this means keeping up to six chickens, along with established requirements, would become an administrative decision, which doesn’t need to come before the board.
If Town Building Inspector Jackie Siudy determined a permit application to be “substantially different,” then the board would decide on it. For instance, Barber said someone looking to keep a dozen chickens would require a new interpretation.
Alonzi opted to change her request from 12 to six chickens to adhere to the past interpretation.
The board would rule if a precedent was set at its Wednesday, July 2, meeting. If it determines there is a precedent, Owen would be able to keep six chickens.
“The net result here is it only requires a building permit,” Barber said.
The Zoning Review Committee recently submitted recommended revisions to the town code, which would allow the keeping of chickens through a permit as long as requirements are met.