112-114 FEDERAL STREET - ZBA � i2 - I1y ��cA a1
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+ '_n ���coN�olrggal�r CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
9� f�p SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
70 FAX: 978-740-9846
KIMBERLEY DRISCOLL Qf!, ID L: CD
MAYOR
June 5, 2008 LI i
Decision
City of Salem Zoning Board of Appeals
Petition of LESLIE TUTTLE seeking to appeal the Building Inspector's
decision that the keeping of chickens is an agricultural use and is
therefore prohibited at 114 FEDERAL STREET [R-2].
A public hearing on the above Petition was opened on May 21, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on May 21, 2008 with the
following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, Annie Harris and Bonnie Belair(Alternate).
Petitioner seeks to appeal the Building Commissioner's decision expressed in a letter
dated March 4, 2008 that an Agricultural use exists and therefore the use is to be ceased.
Statements of fact:
1. Attorney Kevin Barry presented the petition on behalf of the petitioner.
2. The petitioner, Leslie Tuttle, is the owner of 114 Federal Street a property located
in the Residential Two Family (R-2) Zoning District. There is a single family
home on the property.
3. The petitioner currently keeps five chickens on the property. The petitioner is
appealing the ruling of the City's Building Commissioner that an agricultural use
exists.
4. Photographs of the chickens and the enclosure in which they are kept
accompanied the petition.
5. The City of Salem Zoning Ordinance does not define agriculture. The Zoning
Statue, Chapter 40A, defines agriculture within Sec. 3 as follows "For the purpose
of this section, the term "agriculture" shall be as defined in section 1 A of Chapter
128 ..."
6. The petitioner's children addressed the Board of Appeals describing the chickens
as pets all of whom have names.
7. The petitioners do not sell the eggs laid by the chickens.
2
8. Fifteen (15) residents spoke in support of the petitioners request at the public
hearing.
9. Nineteen (19) letters in support of the petitioners request were submitted.
10. Monica Trindade (116 Federal Street) and Beth Delnickas (116 Federal Street)
spoke in opposition of the petitioners request at the public hearing.
11. A letter in opposition to the petitioners request was submitted by Ursula
O'Connor(116 Federal Street).
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following riindings:
1. The chickens at 114 Federal Street are being kept as pets. The eggs are not sold
and they are not primarily used for food purposes and therefore cannot be
considered agriculture as defined by Chapter 128: Section IA.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. An agricultural use does not exist and the order of Building Commissioner to
cease the use is therefore overturned.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Debski, Curran, Stein, Harris, and Belair) and none(0) opposed, to grant petitioner's
request to Appeal the Decision of the Building Commissioner.
, t
Robin Stei , Chair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
ZONING BOARD OF APPEALS
PETITION FORM
`unuNT� QTY OF SALEM,MASSAaiL)SEM
ZONING OARD OF APPEALS
roue r�a� -}� , an RECEIVED
1 N STEET,l FLOOR
9
# LEM,AMASSACHUSET IS 01970 APR 3 0 2008
a FILE
SSS. Thomas St.Pierre,Building Inspector
,tylNg Wer t.978-619-5685/f.978-740-0404 t.978.619-5641/f.978-740.9846 DEPT.OF PLANNING&
COMMUNITY DEVELOPMENT
TO THE BOARD OF APPEALS:
The Undersigned represent that he/she,is/are the owners of a certain parcel of land located at:
Address: Zoning District:
An application is being submitted to the Board of Appeal for the following reasom(s): This statement must
describe what you propose to build, the dimensions, the zone property is in,and the zoning requirements. E—xamak
I am proposing to construct a 10'x l0'one story addition to my home located at 3 Salem Lane, in the R-1 Zoning
District. The Zoning Ordinance requires the;minimum depth of the rear yard to be 30 feet The current depth of my
rear yard is 31 feet.the proposed addition would reduce the depth of the rear yard to 22feet.
Rtowoi Cvun E�rrt 1 cE s 4ou. 4 v£ t o pz- t^_ fii to
06;SC 1_b VAJ 7"jiir AAE 114 A ls
Fcv2E ST2vc.7FAZ AV min int IAJS1� 7WE 6040& 6 o V T!/F �%A �T
1\1,6#7' WE r "Zowtvb 8?V,0Q4,F 01 za tom/ d �1`/S 7`a
Al g6�CLA-7 t.AL V6C % rTionlFlL % \
LtAlb SAFc�f6Rcr 27E ArIc ✓
For this reason I am requesting:
( )Variance(s)from provisions of Sectionof the Zoning Ordinance,specifically from,
(i.e. minimum depth ofrearyard).
What is allowed is (Jt?sq ft?stories? %?), and what I
am proposing is (/t?sq Jt?stories?%?).
( )A Special Permit under Section of the Zoning Ordinance in order to
9Q Appeal of the Decision of the Building Inspector(described below): 7 yhT 7'+uE /& ,C,6 A/6 D�
d dliciL&y s 6W 7-& Z opF-r:( 0% /g'r1 4N57iTr0IFS 04At
464iu.4T-y4-►c- ysr dw6 )s 7-h4WrX ,6 ka&Aar,6 4V 7A4- Z-IV06 INOV.
The Current Use of the Property t4l,
// Are the lot dimensions included n the plan? �
(example: lko Family Home) iMGLF t` MtL� (1)Yei'00 No n/a because 0
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plana submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
ZONING BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( l For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
c) Desirable relief may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent of the district or the purpose of the ordinance.
O For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art. V,
0 5-3. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic Now and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage; .
e) Neighborhood character;and
I) Potential fiscal impact,including impact on City tax base and employment.
Previous applications to the Board of Appeals Involving this property have been submitted with this petition
form The Building Commissioner can provide documentation of previous applications to the petitioner or his '
representative.
If different than petitioner
Petitioner: CE$L/E . w// Le�'r� Property,Owner: i
Address: Address' '
Telephone: Telephone:
Signature Signature(Attached consent letter is also acceptable)
Date Date
If different than petitio er:
A TRUE Representative: �El�/IU (,• �A/�A- rSQ.
ATTEST 7- .Ad
Address ,7
Telephone: 7
i
Signature
Date
DATE SUBMITTED TO'
BOARD OF APPEALS:
RECEIVED
CITY CLERK APR 3 .0 2008
This original application must be filed with the City Clerk
DEPT.OF PLANNING b
COMMUNTY DEVELOPMENT
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.CONo174 CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
h' 120 WASHINGTON STREET, 3RD FLOOR
1 j o SALEM, MASSACHUSETTS 01970
�?P, TELEPHONE: 978-745-9595 EXT. 380
MANE o� FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
March 4, 2008
Kevin G. Barry Esq
15 Church Street
Salem, Ma. 01970
Dear Mr. Barry:
I have received your February 28`" letter in regards to 114 Federal Street and the keeping
of chickens.
The City's opinion is that an Agricultural use exists and the letter is an order to cease the
use. To appeal this order, you must file your appeal to the Zoning Board of Appeals.
Forms are available in this office.
Sincerely,
Thomas St. Pierre
Building Commissioner
Zoning Enforcement Officer
cc: Jason Silva, Mayors Office
Elizabeth Rennard, City Solicitor
Councillor Sosnowski
City of Salem
Board of Appeal
120 Washington Street P Floor
Salem MA 01970
To: Zoning Board of Appeals
I am unable to attend the meeting due to a serious illness in my family. I hope you will
accept this letter in lieu of my appearance.
As a lifelong resident of Salem MA as well as Federal Street, I must voice my objection
to the keeping of chickens next to my residence at 116 Federal Street.
Most of my life has been spent teaching the young children of Salem. Now, in my
retirement, I would like a little peace and quiet. I find it disruptive to be awoken in the
morning or disturbed during other times ofthe day by the loud cackling of chickens
underneath my windows.
I have also been advised that the presence of chickens could impact the sale of my
property should I choose to place it on the market.
I have always tried to be a good neighbor and have never placed a private or public
complaint regarding the loud,constant and excessive barking of the dogs at 114 Federal
but this latest addition of farm animals who add to the volume of dissonance requires my
voice of disapproval.
Sincerely,
Ursula O'Connor
J
RL
Man-Whitney Fc Nicholas Nowak I_. t '
356 Essex Street,No.2 . `.^ / a.rz
Salem,DI.-101970
May 21,20o8
ATM:Zoning Board of Appeals,City of Salem
Dear Members of the Zoning Board of Appeals,
We are writing in support of Leslie Tuttle's request to keep chickens as pets. Chickens are small
animals well-suited for the backyard and their benefits are many for the urban gardener.They can
fertilize, clip grass, weed, hunt insects, eat scraps and leftovers, and process compost and yard
waste.
The city has a compost bin program which is great!
While oompost converts scraps to soil, a
chicken is much more efficient because it convert scraps to meat, eggs, and useful activities like
weeding and fertilizing.
Chickens are intelligent and make great pets. Please see the attached article on Chickens in the
City that describes their friendly behavior and their many other benefits.
Urban gardening is so important, especially in light of the declining availability of fresh food at
neighborhood supermarkets. Please see the attached article which describes the difficulties that
New Yorkers are having in finding fresh, affordable food within walking distance of their homes.
This is a public health issue.With rising food and gas prices we should be giving every support to
urban gardening.Let's not wait until we need a task force to solve the problem as is happening in
New York!
We would love Salem to have a City Chicken program to go with the great Recycling, Compost
Bin, and Rain Barrel Programs that we ah-eady have. This is why we respectfully ask you to
support Leslie's appeal and allow her to keep chickens.
Thank you,
e U I L IU Ohl��
Mary Whitney & Nick Nowak
printed on recceled paper.
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May 1>> 200 ,
Ms. Robin Stein i
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Chair Zanin '
r
1_0 Washmg[on �itrect
Salem, MA 01970 '
Re: 41
C fiielcons at I
l 4 F ederal,Suect '
f Dear Mndunre Chair K niembcrs oCtbe Zoning Board,
We write in srippoit of tl&,Tuttle-l`am ily condnti?ng to have hicl:cnsat their house at
A,14
m ' , 1Federal Street , We are soar} not to be able--a J? s`otu Mooting on IXl IV -I.
a s
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1s neioIibois and owners oi' 1-20&`12`? 1 edera Street, we and our Cenants ha�`e not heei� � ,
bothered by noise-or any issues related '10 ih�chickens (all'-hens}. Instead, we are
delighted to have them in the ncighborhood and think they ofl"er a wetdei,ful opportunity
For_the'Futtics' children. Thav are pets after all, not an a,)ricultural'l5uei),I
r.
,We hope yoCi w?lF finCI m laves o[ thea aide4< contunung t7 bE ably iii have chick us us.
L
we believe the-Y add Co our ire?ghb i�hood
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RECE- ED
MAY 1 5 2008 115 Federal Street
DEPT.OF PLANNNG& Salem, MA 011970
COMMUNITY DEVELOPMENT
May 15, 2008
Zoning Board of Appeals
Salem City Hall
93 Washington Street
Salem, MA 01970
RE: Keeping of chickens at 114 Federal Street, May 21, 2008
Dear Members of the Board,
As the abutting neighbor at 115 Federal Street, I would like to comment on the decision
by the Building Inspector that keeping chickens in my neighbor's yard is an agricultural use. I
requested a copy of the definition for agriculture from City Solicitor,Beth Rennard, which I
append below.
I find this definition rather circular in nature and not clearly applicable to a child's pets. I
have no complaints about odors or even sounds. I had to be informed that the chickens were
nearby. I can only hear them if the windows are open and something exciting, like feeding time,
occurs and even then I find the noise no more disturbing than other birds in the area. Since my
experience of poultry comes in the context of pets,I am not fearful that the neighborhood's good
reputation is being threatened. Those more familiar with commercial chicken farming may find
this matter an alarming precursor to larger odiferous operations but I presume that the Board of
Appeals should be able to discern that the intent of the chickens' owner, Annie Tuttle, is to raise
pets rather than to engage in a commercial undertaking.
In conclusion, I feel that the statute is lacking because it neglects to define the
commercial intent of agriculture. We are in a sad state if homeowners cannot raise pets or
cultivate gardens for personal enjoyment.
Sincerely,
Darleen Melis
Attachment
The Zoning Statute, Chapter 40A, defines agriculture within Sec. 3 in the following
way: "For the purposes of this section,the term "agriculture" shall be as defined in
section IA of chapter 128,.....
Chapter 128: Section 1A.Farming,agriculture,farmer; definitions
Section IA. "Farming"or"agriculture" shall include farming in all of its
branches and the cultivation and tillage of the soil, dairying, the production,
cultivation, growing and harvesting of any agricultural, aquacultural,
floricultural or horticultural commodities, the growing and harvesting of forest
products upon forest land,the raising of livestock including horses, the keeping
of horses as a commercial enterprise, the keeping and raising of poultry, swine,
cattle and other domesticated animals used for food purposes bees, fur-bearing
animals, and any forestry or lumbering operations,performedby a farmei,*
who is hereby defined as one engaged in agriculture or farming as herein
defined, or on a farm as an incident to or in conjunction with such farming
operations, including preparations for market, delivery to storage or to market
or to carriers for transportation to market.
Elizabeth Rennard, Esq.
City Solicitor
City Hall
93 Washington Street
Salem, MA 01970
978-619-5631
978-744=9327 (fax)
*Highlighting by D. Melis
RECEIVED
6 Andover St. MAY 1 6 2008
Salem, MA 01970
DEPT. OF PLANNING d
May 12, 2008 COMMUNITY DEVELOPMENT
Robin Stein.
City of Salem
Zoning Board of Appeals
120 Washington Street
Salem, MA 01970
Dear Robin Stein:
I am writing to lend my support to the Tuttle family of 114 Federal St. It has
come to my attention that the chickens they are keeping have raised some concerns at the
city level regarding the appropriateness of raising these animals in our neighborhood. I
would like to go on record as saying that I have no objection to these pets of the Turtles,
and that I find them to be neither a nuisance nor a liability. To the contrary, I think the
Tuttle chickens are a great addition to our neighborhood. It is clear to me that these
chickens are first and foremost beloved pets of the Tuttle children. My own children,
ages seven and eight, delight in crossing Andover Street to play with the chickens. They
hold the chickens and know all of the chickens by name. I do not in any way perceive the
neighborhood chickens to be agricultural products, nor am I concerned that they might
affect the property value of my home. Instead, I believe they enrich the neighborhood
around us. Finally, I would like to declare that although my home is directly across the
street from the Tuttle garage where the chickens roost, and my bedroom window is a
mere forty-five feet from that garage, that I can neither hear nor smell the chickens. I
find nothing objectionable about their presence whatsoever, and I urge city officials to
protect the Turtles' right to keep their pets in our neighborhood.
FffreyNcholas
y,
Richard Luecke Editorial Services for Business Publishing
2 RIVER STREET, SALEM, MA 01970 978-740-0381 richard.luecke®ve(zon.net
Ilk 19 May 2008 n f � N �L
Robin Stein MAY 1 9 2008
City of Salem DBPT NNHVG
OF PIA
Zoning Board of Appeals G4MMUMTPLA NTNG ENf
RE: Chickens
Ms. Stein:
Regrettably, I cannot attend your 21 May hearing on the petition of Leslie Tuttle
appealing the prohibition of her chickens at 114 Federal Street. However, Ido wish to
add my voice to the public record.
As a neighbor, I can tell you that I walk at least twice a day past the rear of property
)Andover Street) where the chickens are kept. During the many months that Ms.Tuttle
has had those birds, I have never once heard a chirp, a peep, or cackle. Nor have I
ever seen them without going out of my way to peer over the Tuttle's fence.
Further, I support Ms. Tuttle wish to keep a few hens as pets. Like doves, parrots,
parakeets, and other domestic pets, chickens are interesting, entertaining, and sociable,
and live upwards of 15 years. PBS aired an hour-long program on the subject of chickens
as pets two or three years ago "The Natural History of the Chicken"). If I had a proper
way of housing for them, I would have a hen or two myself.
The idea that the birds in question are being kept "for agricultural use" is without merit.
The difference between Ms.Tuttle's keeping of these birds and tyre true "agricultural use"
should be obvious. y
Respectfully,
Richard Luecke
For more information, see:
"More urban, suburban residents turning to chickens as pets," at
www.msnbc.msn.com/id/19871559/ and
www.b ird hob byist.com/articles/Bird Hobbyist/Species/PetChic ke ns.h tm l
05/19/2008 10:17 9787459842 FRONT DESK PAGE 01/01
12 Lynn St.
Salem,MA 01970 Send via fax to: 978-740-0404
City of Salem
Board of Appeal
120 Washington St.
Salem,MA 01970
To Whom It May Concern:
Re: Leslie Tuttle, 114 Federal St.
I am whiting this letter in support of the Tuttle family's practice of keeping chickens on
their property. I know they do this as an educational piece of their children's upbringing,
and 1 find it a perfectly fine practice, and a great way for children to learn.
We, as a nation, are far too disconnected from our food sources, and we become more so
every day. Children, whether they are growing up in a city or the countryside, need to
know more about where food comes from.
The Tuttle's chickens have as little impact on the neighborhood as a pet, and in fact are
far quieter than another neighbor's dogs are. Please let them continue as they are doing.
If you wish to verify my letter, you can call elle at work,at 978-825-4300 or on my cell at
978-828-8338. Thank you for your consideration.
Sincerely,
54. ;�6�
(Ali Lederhatts
Amy Lash
From: Ruth Wall [rmgw@comcast.net]
Sent: Wednesday, May 21, 2008 11:54 AM
To: Amy Lash
Subject: chickens
Amy,
I have been asked by Leslie Tuttle to weigh in on the chicken situation.
When my kids were young we brought home and raised the school hatching chickens, and it
was an educational, pet owning experience and not a farm situation. Too bad the neighbors
feel threatened, and I wonder if Leslie can change the enclosure a little so as to mollify
the compaints.
Responsible ownership follows guidlines provided by the county extension service, and
should leave the neighbors with little to worry about, one would hope.
Good luck!
Ruth Wall
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6 Andover Street MAY 1 4 2008
Salem, MA 01970-3204 DEPT. OF PLANNNG&
;;OMPA!N;TY 9�:'E0?A9ENT
May 13, 2008
To the Board:
I am writing in support of the Tuttle family chickens, which reside directly across the
street from my home at 6 Andover Street. In fact, I think I am quite safe in saying
that I am the closest neighbor to the chickens, since my bedroom is about 50 feet from
the henhouse.
My understanding is that the major objection to the chickens is that they represent
agriculture in our neighborhood. Well, frankly, that is just wrong: they are neither
commodities nor are they food. They are, and always have been, pets. Each has a
name, and each has been handled with love and care by every child and many adults
in the neighborhood. They are a source of great pleasure; my children beg for the
privilege of feeding them or getting in the coop with them. You could never
convince my children,nor could you convince me, that these gentle gallinaceous
souls are intended for a butchery or a cash register. They are not, of course.
Some may be concerned that the chickens represent a nuisance. In fact, I expect they
might if a rooster were involved! However, the Tuttle family has respectfully raised
only hens, which are quiet and clean. The Tuttles have constructed a secure,non-
offensive—indeed camoflauged—coop which cannot be seen from either Federal or
Andover Streets. As they are in every endeavor, the Tuttles have been ideal
neighbors with respect to raising their pets.
I am in support of the chickens. I am in support of pets. I am in support of any
opportunity we have in this city to enhance our neighborhoods with the presence of
plants, trees, and domestic animals.
Please feel free to contact me for further comment or with questions.
Sinc rely,
4Rourke
Zoning Board Project Status Sheet
Project Address: acL9Xg-1
Applicant:
C1= _
CDate,of_Application ' 0 5 b
Date Opened at Meeting:
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: o / n/a
Legal Notice Sent ► () Publication Dates:
Abutters-List'Requested , S� 0�
w�
�Abuft_ eris"Not�ee Sent r n�
Notice of Decision Sent:
Decision Filed: Appeal Period Over: � V
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May 19, 2008
Dear City of Salem Officials,
I am writing in regard to a group of pets that I am lu6y enough to be acquainted with. It
has come to my attention that these pets are in danger :f being removed from their current
home because of a complaint from a neighbor. The pea I speak of are extremely tame and
gentle creatures. I am of course referring to the family of elegant chickens residing at 114
Federal St.
These birds are dutifully fed and their coops cleaned daily by a pleasant family,the
Tuttles, who I have also been fortunate enough to meet. These chickens have wormed
their ways into the hearts of all who see them. They w:re raised from day old chicks and
have lived with the family for over a year. These friendly fowl have seen bard times. They
are laying hens and produce fine brown eggs, none of which are fertile. Unfortunately,
every once in a while these hens become broody and sit on their eggs hoping they will
hatch. These hens would stay there for days not moving, or eating if not for their loving
caretakers. Whenever a hen becomes broody one of the Tuttle clan is dispatched to
encourage the hen that motherhood is not for her.Thep gently coax the hen from her nest
and remove the eggs. Once this reminder of what couba have been a baby chick is gone
the hen begins to eat,move, and, as some would put it. live again.
These fair fowl reside in a large chicken wire coop in 111e Tuttle's backyard.It has a
sturdy roof and a small black ramp has been installed .,o that the chickens can climb
through the always open window and into a second corp equipped with laying boxes in
the Tuttle's roomy garage. These pets in my opinion aii-worth their weight in gold. Not
only have they produced fertilizer that has been spread throughout the community gardens
across from the Saltonstall School but Korra(an especially unique chicken, who, unlike
her siblings has as many white speckled feathers as she does sleek jet black ones) has also
made a visit to Girl Scout Troop 142 to help the Girl Scouts earn their salute to poultry
badge. She sat patiently on her owner's lap while a rims,of anxious girls absorbed all the
information the chicken and Ms. Tuttle provided.Not only that, she gave multiple live
demonstrations to give her audience a little more insight on what life as a pampered
chicken was like. She then posed with each girl so that the Scouts and their families
could have a souvenir picture.
Yes, these chickens and their owners have been through a lot together and deserve to stay
together. Might I add, and I hope you don't mind,that these hens have resided at 114
Federal St. for a rather long time and being a close friend of the Tattles,I have seen them
often. Occasionally I will bring them a treat, some bund toast, an overripe melon,perhaps
an extra handful of feed. Each time they step forward-willingly and of their own accord
and with sharp precise pecks(they always take precautions to avoid accidentally pecking
someone) they pluck the offering right out of my hand. The Tuttle's doting neighbors
(ages 5 and 8)are frequent visitors and, although a bit :Iumsy and uncertain around
animals, the chickens welcome them with a perch on tl,;shoulder and a soft cluck of
a,
welcome. Yes,there is no limit to the patience and ge-ierosity of these loyal pets, and
each time I enter their coop the chickens come obediently forward and make me regret
not having chickens myself.In other words, these chickens are as docile and loving as
any cat or dog. My conclusion?That these chickens we,without a doubt no more than
overgrown canaries. Gentle, tame, and as good a household pet as any.
Sincerely,
Ms. Bridget D. Mohler
2-1
J�lb1' -
So; Itati) Imo€ A
Atte i2
I would like to briefly share our family's experience with raising a small flock of
backyard chickens. In March of 2007 we acquired seven week old baby chicks. One
year prior to their arrival my son and I both experienced life changing medical
challenges. The year from March 2006 to March 2007 was full of angst and difficulty.
The chicks arrival at the end of that year seemed to begin our real recovery. We began to
heal as our energy was redirected to our new pets. We felt better and better. My husband
and I found our children to be working together more, not just caring for the chickens, but
for each other as well. We are bonded together in a new way and we feel that the daily
care and enjoyment of our flock has greatly contributed to this.
Being the keepers of seven wonderful birds has brought joy to our household! Our
family of five children and two adults worked together to raise the chicks, build their
coop and learn about every aspect of poultry care and protection. As they grew we
discovered that each chicken had a unique personality. Oreo becomes upset when
anything in her environment changes. Sweetheart is the alpha chicken and in charge of
everyone. Lily is sweet and docile. They all have names and are treasured.
Yes, our chickens do give us fresh eggs but we would never consider them to be anything
other than dear family pets. Perhaps on a large industrial farm chickens are considered to
be an agricultural entity, but not in a backyard where they are loved and cared for by a
family. We hope that in your review of the Tuttle family's keeping of chickens you will
consider the matter from the perspective of the children and adults who love and care for
them.
Sincerely,
Michele Meehan-Parr
12 Verdon ST
Salem, MA 01970
Tuesday, May 20, 2008
To whom it may concern,
My name is Luciano Ricci and I've been a resident of Salem for all of
my life. I am friends with the Tuttle family who are proud owners of some
live chickens. I've been to their home on several occasions. Those
chickens are very lucky to have such great people taking care of them. They
are the most beautiful and healthy chickens I've ever seen. It is obvious that
they are happy living with the Tuttle's as they provide them with food,
shelter and love. I strongly support the Tuttle family and their chickens. I
hope you will too.
Sincerely,
Luciano N. Ricci
IIOI 1U
WILLIAM RUSSELL 131"RNS, JR.
22 BEcRFORD STEMET
SALEM, MASSACHUSETTS 01970
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Law Office of
Kevin G. Barry
15 Church Street
Salem, Massachusetts 01970
Telephone: (978) 741-4505
Telefax: (978) 744-8507
May 14, 2008
Ms. Bonnie Belair
Zoning Board of Appeals
City of Salem
Salem, MA 019170
RE: Petition of Leslie Tuttle
114 Federal Street
Dear Ms. Belair:
Enclosed please find several letters of support regarding the pending petition of Ms.
Leslie Tuttle, 114 Federal Street.
Thank you for reviewing these prior to the May 21, 2008 board meeting.
Sincerely,
Kevin G. Barry
Law Office of
Kevin G. Barry
15 Church Street
Salem, Massachusetts 01970
Telephone: (978) 741-4505
Telefax: (978) 744-8507
May 14, 2008
Ms. Rebecca Curran
Zoning Board of Appeals
City of Salem
Salem, MA 019170
RE: Petition of Leslie Tuttle
114 Federal Street
Dear Ms. Curran:
Enclosed please find several letters of support regarding the pending petition of Ms.
Leslie Tuttle, 114 Federal Street.
Thank you for reviewing these prior to the May 21, 2008 board meeting.
Sinnly,
/ cer /
Kevin G. Barry
Law Office of
Kevin G. Barry
15 Church Street
Salem, Massachusetts 01970
Telephone: (978) 741-4505
Telefax: (978) 744-8507
May 14, 2008
Ms. Elizabeth Debski
Zoning Board of Appeals
City of Salem
Salem, MA 019170
RE: Petition of Leslie Tuttle
114 Federal Street
Dear Ms. Debski:
Enclosed please find several letters of support regarding the pending petition of Ms.
Leslie Tuttle, 114 Federal Street.
Thank you for reviewing these prior to the May 21, 2008 board meeting.
Sincer y,
Kevin G. Barry I
Law Office of
Kevin G. Barry
15 Church Street
Salem, Massachusetts 01970
Telephone: (978) 741-4505
Telefax: (978) 744-8507
May 14, 2008
Mr. Richard Dionne
Zoning Board of Appeals
City of Salem
Salem, MA 019170
RE: Petition of Leslie Tuttle
114 Federal Street
Dear Mr. Dionne:
Enclosed please find several letters of support regarding the pending petition of Ms.
Leslie Tuttle, 114 Federal Street.
Thank you for reviewing these prior to the May 21, 2008 board meeting.
Since ly,
Kevin G. Barry ((( /
Law Office of
Kevin G. Barry
15 Church Street
Salem, Massachusetts 01970
Telephone: (978) 741-4505
Telefax: (978) 744-8507
May 14, 2008
Ms. Robin Stein, Chairman
Zoning Board of Appeals
City of Salem
Salem, MA 019170
RE: Petition of Leslie Tuttle
114 Federal Street
Dear Chairman Stein:
Enclosed please find several letters of support regarding the pending petition of Ms.
Leslie Tuttle, 114 Federal Street.
Thank you for reviewing these prior to the May 21, 2008 board meeting.
Sincer ,y,
Kevin G. Barry
r
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Dear Tuttles:
I love hen Sara and all of Sara's friends. I
would be very sad and would cry if they
went away.
Love,
Rosella Madigan, age 5
14 River Street, Salem
STEPHANIE TRAINOR-MADIGAN
14 RIVER STREET
SALEM, MASSACHUSETTS 01970
TUESDAY, MAY 13, 2008
DEAR TUTTLE FAMILY:
THANK YOU SO MUCH FOR SHARING YOUR PETS WITH THE
NEIGHBORHOOD. AS YOU KNOW MY DAUGHTER ROSELLA,
AGE FIVE, AND HER COUSIN DANIEL, AGE THREE OF
WILLIAMS STREET, ABSOLUTELY LOVE YOUR PET
CHICKENS. THANK YOU FOR LETTING THE CHILDREN
VISIT WITH THEM. DID YOU KNOW ROSELLA NAMED HER
FAVORITE CHICKEN SARA?
AS A GROWN UP, I OFTEN FORGET YOUR PET CHICKENS
ARE THERE, BECAUSE YOUR BIRDS ARE SO QUIET AND
CANNOT BE PERCEIVED BY THE OLFACTORY SENSE. I
ONLY REMEMBER YOUR FAMILY PETS WHEN THE
CHILDREN ASK TO VISIT SARA AND YOU ARE SO OBLIGING.
THANK YOU AGAIN FOR MAKING OUR NEIGHBORHOOD
EXTRA SPECIAL AND EXTRA BEAUTIFUL.
GRATEFULLY YOURS,
STEPHANIE TRAINOR-MADIGAN
Tuesday, May 13, 2008
Dear Members of the Zoning Board of Appeals,
We see the issue of the Tuttle's pet chickens is a real opportunity for the Board to
distinguish itself as open-minded and fair. We are hopeful that the isolated voice
of descent isn't allowed to outshout so many of us who are strongly in favor of
the Tuttle's pets, even if we don't make daily calls to share the sentiment.
The first question about the Tuttle chickens is their purpose— as pets or as
poultry. Poultry is defined as "domestic fowls reared for the table, or for their
eggs or feathers" (Webster's Revised Unabridged Dictionary). The Tuttle hens
are not being raised to be slaughtered for down or dinner, and there is not a
rooster present to maximize egg production. It is pretty clear that these hens are
pets.
Certainly, almost any pet can create a nuisance, but the Tuttle's chickens do not.
We've had many pets over the years—dogs, cats, ferrets, mice, gerbils, fish and a
guinea pig. The only pets that have caused less of a nuisance than the Tuttle's
hens are the fish! The hens are gentle and clean enough for the youngest
children in our neighborhood to feed and visit.
The hens do not cause a "feces nuisance." Outdoor cats cause a feces nuisance—
using neighborhood gardens and sandboxes. And even the best pooper scooper
occasionally leaves more than a trace of dog feces behind on sidewalks and
public areas. The Tuttle's hens are completely enclosed in their pen and never
leave the property.
The.hens have not caused an odor nuisance. Any backyard pet run or enclosure
that is not properly cleaned, including those for rabbits and dogs, can cause an
odor problem for neighbors. We have never noticed a smell, even when visiting
the hens, right at their enclosure!
The hens are far quieter than most dogs and other pet birds. They make a
comforting coo or cluck and get a bit louder when they're laying an egg.
We hope you do the right thing and allow the Tuttle's to keep their pet chickens.
They are sweet girls!
Sincerely,
- 1
Lisa Spence & Fred Biebesheimer
17-1/2 River Street
Salem, MA 01970
6 Andover Street
Salem, MA 01970-3204
May 13, 2008
To the Board:
I am writing in support of the Tuttle family chickens, which reside directly across the
street from my home at 6 Andover Street. In fact, I think I am quite safe in saying
that I am the closest neighbor to the chickens, since my bedroom is about 50 feet from
the henhouse.
My understanding is that the major objection to the chickens is that they represent
agriculture in our neighborhood. Well, frankly, that is just wrong: they are neither
commodities nor are they food. They are, and always have been, pets. Each has a
name, and each has been handled with love and care by every child and many adults
in the neighborhood. They are a source of great pleasure; my children beg for the
privilege of feeding them or getting in the coop with them. You could never
convince my children, nor could you convince me, that these gentle gallinaceous
souls are intended for a butchery or a cash register. They are not, of course.
Some may be concerned that the chickens represent a nuisance. In fact, I expect they
might if a rooster were involved! However, the Tuttle family has respectfully raised
only hens, which are quiet and clean. The Tuttles have constructed a secure, non-
offensive—indeed camoflauged--coop which cannot be seen from either Federal or
Andover Streets. As they are in every endeavor, the Tuttles have been ideal
neighbors with respect to raising their pets.
I am in support of the chickens. I am in support of pets. I am in support of any
opportunity we have in this city to enhance our neighborhoods with the presence of
plants, trees, and domestic animals.
Please feel free to contact me for further comment or with questions.
Sincerely,
Kerry Rourke
Page I of 1
From: Madigan, Daniel F
To: stephanie trainor
Cc: Chip Tuttle; Kevin Barry; Leslie Tuttle
Date: 5/13/2008 11:15:32 AM
Subject: RE: Chicken Defense- I will drop off a Hard-copy of attached this evening
Daniel F. Madigan
14 River Street
Salem,Massachusetts 01970
Tel. 978-7400779/M) 978-914-0639
Tuesday, May 13, 2008
To whom it concerns,
Regarding any complaint to the Tuttle family on Federal Street, Salem, as to their pet fowl.
As a neighbor to the Turtles for the past seven years, I can honestly say that they are very responsible and respectful
towards their community. I admit to having little or no knowledge of any of Salem City's zoning and ordinance laws that
may, by the letter, restrict the upkeep of"agricultural" animals on residential property,but I believe in good faith that their
chickens are pets, of which the Turtles take very good and responsible care. My daughter and nephew visit the Tuttle's
children on occasion, and I appreciate the Tuttle family's generosity, by their exemplary care of their fan-lily pets, that teach
neighborhood children the value of respecting all life.
In any decision you are entrusted to make that is in accord with local law,please consider the contribution that the
Turtles make to their neighborhood by their responsible upkeep of all their pets, and that Leslie and Chip Tuttle always
respect their neighbors with any matters concerning property or otherwise.
Sincerely,
Daniel Madigan
file://C:\Documents and Settings\Kevin\Local Settings\Temp\50072295-E961-41D4-82FB-679027E85A... 5/14/2008
Fab-24-2008 01:24pm From-ERNST & YOUNG LLP 2127731905 T-726 P.001/001 F-806
February 24, 2008
Christy Fisher
11.0 Federal Street—Unit#1
Salem, MA 01970
To whom it may concern:
I am writing this letter on behalf of Chip and Leslie Tuttle. I purchased the fust floor unit
of 110 Federal Street in August of 2005. My unit directly abuts the Tuttle's home and I
was unaware the family had a chicken coup until recently when they informed me
themselves. The Tuttles are wonderful neighbors and I would support them
wholeheartedly in continuing to maintain their coup. If you have any questions feel free
to contact me at 617-375-1403.
Sincerely,
Christy Fisher
i
May 13, 2008
Ms. Robin Stein
Chair, Zoning Board of Appeals
120 Washington Street
Salem, MA 01970
Re: Chickens at 114 Federal Street
Dear Madame Chair & members of the Zoning Board:
We write in support of the Tuttle family continuing to have chickens at their house at 114
Federal Street. We are sorry not to be able attend your meeting on May 21.
As neighbors and owners of 120 & 122 Federal Street, we and our tenants have not been
bothered by noise or any issues related to the chickens (all hens). Instead, we are
delighted to have them in the neighborhood and think they offer a wonderful opportunity
for fhe Tattles' children. They are pets after all, not an agricultural business.
We hope you will turd in favor of the TUllles' continuing to be able to have chickens. as
we believe they add to our neighborhood.
Sincerely,
Mvd"I -ohey S, DarrgN>I.,ebovici
12,E F feral Street
Salem. MA 01970
978-744-6702
Page 1 of 1
From: Ziggy Hartfelder
To: Leslie Tuttle; kevgbarry@earthlink.net
Date: 5/13/2008 11:29:25 AM
Subject: Re: Chickens Defense
Good morning, Mr. Barry.
For over ten years, Leslie and Chip Tuttle have been both neighbors and
friends. Our families have been committed and active members of the Federal
St. community, and the larger Salem community. I can say unequivocally that
having visited the Tuttle home many times in the past two years since they
have installed their chicken coop, I have observed clean and careful
containment of the chickens, virtually no noise, and absolutely no health
violations. If anything, the chickens are a charming and safe reminder of
times gone by in Salem, and are a welcome attraction for the neighborhood's
young children.
Respectfully,
Mary and Ron Hartfelder
10 Monroe St.
Salem
file://C:\Documents and Settings\Kevin\Local Settings\Temp\ELP76E.tmp 5/14/2008