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Man With Illegal Chicken Coop Appeals to Board of Health

In another installment of the Chicken Chronicles, Jeffrey DelVecchio asks the board to amend an ordinance banning the keeping of chickens.

 

If the Board of Health's ordinance stands, Jeffrey DelVecchio will have to find a new home for Scrappy Coco, Fluffy 1, Fluffy 2 and his three other nameless, but just as beloved, chickens.

However, the chickens aren't flying the coop just yet — at least not without a fight. DelVecchio ardently believes that change can be affected through persistence and education.

That is why he attended the Board of Health meeting on Wednesday armed with information about the keeping of chickens, hoping to educate the board and to find out the reasoning behind their cursory denial of his request to amend the borough's 1968 ordinance prohibiting chickens. He also provided them with a copy of the signatures he has obtained through his on-line petition.

DelVecchio received a letter from the board on January 5th, notifying him of its decision to enforce an ordinance banning the keeping of chickens. The letter stated he had 45 days to remove the chickens from his backyard. The 45 days have passed and now, DelVecchio has been summoned to court.

He is scheduled to appear in municipal court on Wednesday.

"I want to be open and tell the board that I still have the chickens," DelVecchio said during the meeting.

"I have a court date next Wednesday, but I'm here to ask the board for their reasoning behind the decision to enforce the ordinance and not consider amending it."

Board President Marlene Slavin informed DelVecchio that board members had been advised they could not comment on the matter, because it was scheduled to be heard in municipal court. However, Slavin did allow DelVecchio to speak publicly on the matter.

"Under the current ordinance, homing pigeons are allowed," DelVecchio said. "Homing pigeons are allowed to fly free and leave their droppings everywhere. And they make a considerable amount of noise."

DelVecchio also said that he has had parrots as pets and they, too, are considerably louder than chickens.

"Under this ordinance it is legal to keep a goat; so, if the ordinance was intended to prevent farming animals, how can goats still be allowed, but chickens aren't?" DelVecchio asked.

DelVecchio provided the board with copies of Maplewood's ordinance for a pilot program designed to allow up to 15 households to raise as many as 3 hens for egg production for a one-year period.

"I hope that you take a look at this," DelVecchio said. "It's very informative." 

Former councilman Peter Rebsch, who was in the audience, asked DelVecchio how the town could possibly monitor every person who decides to keep chickens cooped in their backyard to ensure sanitary conditions.

DelVecchio said that monitoring chickens would be little different than monitoring other pets, such as dogs and cats. He also suggested that the town require a permit fee of $100 so that only serious-minded people would apply. 

"Even urban areas such as New York City allow chickens," DelVecchio informed the board. 

After the meeting, DelVecchio told Patch he believes the ordinance should be updated to reflect the current sustainability movement. 

"I'm disappointed that [the board] didn't have a meeting during the 45 days I was given to remove the chickens," he said.

"I wasn't even given a chance to find out the reason behind why they made their decision."

DelVecchio will be appearing before Judge Kevin Kelly in municipal court on Wednesday, March 14th. 

Related Topics: Jeff Delvecchio, Maplewood chicken ordinance, New Milford Board of Health, and backyard chickens

Denise

1:16 pm on Thursday, March 8, 2012

Is the municipal court open to the public? If I were Mr DelVecchio I would demand a reason why they have made their decision not to let him keep his chickens.
I would surmise that not every family in town would decide to keep their own birds, only a handful if this law was remanded. I have neighbors who have one or more dogs that make more noise barking all day long than any 6 chickens. As I said in another post, if anyone in town owns a goat, they are definetly keeping it under the radar.
Again, the fact that the Board of Health chose not to have a meeting during the 45 days day that Mr. Del Vecchio was given to remove remove the chickens just reeks of......politics

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Jeffrey DelVecchio

4:11 pm on Thursday, March 8, 2012

As far as I know, anyone can come to municipal court. After I received the letter denying my request to have the ordinance changed, I sent the BOH a letter asking for an explaination. They never responded and would not talk about it yesterday. I think they could have waited until after the meeting to issue the summons knowing that I was contesting their decision.

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Stephanie Lenihan

6:01 pm on Thursday, March 8, 2012

Anyone can go into a courtroom and be a spectator it is a public forum. I would suggest that Mr. DelVecchio bring as many people on his side as possible. It is absolutely horrendous that the ordinance would allow goats v chickens. I have about 50 chickens and that happened to me one time however they misread the ordinance it was meant for large agricultural animals ie: goats, cows, horses etc. Also they should not deny him if he is using these chickens to educate his children via 4-H. If he puts his children in 4-H that may change their minds when they are also for education purposes

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Denise

12:40 pm on Friday, March 9, 2012

I remember when I was a young girl, my Mom went to Fort Lee HS with a young man. Little did I know that this man would live in NM, be a member of Bergen County Mounted Sherifs Unit & own TWO horses , keeping them in his backyard. He lived on the Blvd & every Sunday rode up the Blvd to the Oradell Resivoir back again down Eagle Ave & ended up on my front lawn on Fulton St to say hi to my Mom & Dad. What a thrill it was when he scooped me up & rode down the street with me in the saddle. I never heard that this man (no name mentioned-& no longer lives in town) had any troubles with the keeping of his horses....again this reeks of politics!!!

Tammy DeSena

1:41 pm on Thursday, March 8, 2012

If someone keeping chickens has to be monitered how come geese can come and go all over our town and our fields and propose a tremendous health hazard to our community and nothing is ever being done about that???

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Arlene M. Baladi

2:28 pm on Thursday, March 8, 2012

Why is the Board of Health bothering this man who raises the chickens for eggs for HIS OWN consumption? Don't they have more important issues to attend to - or not?

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Jeffrey DelVecchio

4:11 pm on Thursday, March 8, 2012

This all started after one of my neighbors complained to the health department that I had chickens. The health department is obligated to investigate and I don't have a problem with that. I do have a problem with my neighbor 'ratting' me out though. According to the health inspector the complaint was only that I had chickens, nothing about odor, noise, or health issues. I plan to put up a six foot stockade fence after this is over because I don't like rats watching me. I will not put up the fence until this is over because I don't want anyone to think I am trying to hide anything.

Emily Rostkowski

2:35 pm on Thursday, March 8, 2012

It takes a certain type of individual to go and even acquire chickens...it's not like we can go to the pet shop and buy a few. I've never seen a chick in a pet store. Does the town really think that by changing the ordinance people are going to run out now and get chickens? Monitoring a handful of Eco-conscious people in town once in a blue moon is a whole lot easier than monitoring all these abandoned homes in town. How about focusing our attention to ur inhabited homes which are bringing down our home values and posing more of a safety/ health risk with the vermon inhabiting them! Case in point...the home on Fulton St!!!!

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Jeffrey DelVecchio

4:14 pm on Thursday, March 8, 2012

This is an issue I addressed yesterday at the meeting. Raising chickens takes a considerable amount of time a money to get started with. I think that alone would deter all but the most dedicated people. I doubt there would be problems with anyone willing to invest the time and money in this. I also offered to arrange to have workshops to educate those who want to do this.

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Stephanie Lenihan

6:12 pm on Thursday, March 8, 2012

After viewing Mr. DelVecchio's coop, housing, chickens etc... It does NOT look like a health hazard. The coop is clean so are the chickens, they look well. I think it is tit for tat. There is no reason to harangue this man, Chickens aren't filthy animals, they don't need monitoring, I had my neighbor who moved from the city to the country and complains about the country life. I do have a 6 foot privacy fence, (high fences makes good neighbors)

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Denise

12:50 pm on Friday, March 9, 2012

Emily...I believe I know which house on Fulton St you are speaking of. I agree with you 100%. I live less than approximately 300 ft from this house. Yes it is abandoned, bank owned. It is a huge white eyesore to the neighborhood. It is literally falling apart. The screen door doesn't fit & occasionally I will go over & try to close it. The mailbox's are stuffed since this is a 2 family. There were yellow stickies all over the window. Curiousity got the best of me, went over & read them & found that during the week of Thanksgiving 2011, PSEG had been there everyday checking for a gas leak. Just Ducky...the whole neighborhood could have blown up. I think this is disgusting since unforetunately my own home is for sale...Who would want to move into a neighborhood like this!!

Jennifer

4:24 pm on Thursday, March 8, 2012

Do the people who pay taxes get ANY say on how the town does things? A couple of chickens can't be as unsanitary as the flood garbage sitting around clogging sewers. As a resident of New Milford, I have a harder time with the pigeons on my roof- THEY are a big problem. Let us have the chickens in town! I would gladly be a neighbor to anyone striking out on such a wonderful venture! What a fabulous learning opportunity for adults and children on sustainability. Chicken manure is a wonderful byproduct of getting fresh eggs! I'd much rather have hens nearby than deal with this United Water property fallout. Let him have chicks!!! New Milford has bigger issues to clean up, the mess that floods our homes and sends rats out for a dry place to live, rash of break ins on Main St., Waste management, ad nauseum

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mellie

5:24 pm on Thursday, March 8, 2012

What are our elected councillors doing to support Jeff? Have any offered a voice on this issue?

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Jeffrey DelVecchio

6:46 pm on Thursday, March 8, 2012

The only borough official to come to my house to see the chickens was Councilman Austin Ashley. In December, I invited the members of the BOH to come and see them but no one ever did. The health inspector has only seen them from the reporting neighbor's yard.

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Ulises

7:15 pm on Thursday, March 8, 2012

Mr. DelVecchio,

I'd love to see what you've done in regards to your chicken coop. I think it's great what you're doing for your family, I've signed your petition and I support your plight. The more people that understand your setup and the benefit of your organic lifestyle, the more support, I think, you'll gain. I know it can be awkward to open your home/yard to strangers but if you're open to this, I'd love to meet you and see what you've done.

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Jeffrey DelVecchio

7:21 pm on Thursday, March 8, 2012

Ulises,

Contact me via my Facebook page New Milford Resisdents for Sustainability.

Tony

6:56 pm on Thursday, March 8, 2012

Is Councilman Ashley the only member of the M&C that is concerned with what goes on in this town? What a sorry group.

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Ulises

8:13 pm on Thursday, March 8, 2012

I'll try via my wife's account since I refuse to join Facebook. I've even closed my LinkIn account because I'm one of these paranoid cats that hates to give out too much information over the web, besides these companies sell all your personal information to marketing firms, gov't agency, etc... that's why Zuckerberg is a billionaire. Yet, I'm all over this site ranting about my beliefs; mostly political views, United Water careless mismanagement of their reservoir, union contracts (Btw, I'm not against the police force, i praise them here and in person all the time, nor am I against any town employees because i think they do a great job too, especially DPW; it's just their union contracts that I find to be unfair to the average hard working American...), etc... but I delete my comments here after a while because like I said I'm just one of these paranoid cats... I've asked Ann to please provide me with a patch, for the Patch, because I feel like an addict here but she's ignoring my request. ;o)

Thanks again Mr. DelVecchio. Keep up the fight and I'll try my best to reach out to you soon.

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Big Ben

8:39 pm on Thursday, March 8, 2012

Think Geese. Their eggs are much bigger. They are all over the place and will love your hospitality. The BOH doesn't care that they crap all over town. It could be a win-win situation for all concerned.

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Jeffrey DelVecchio

1:19 pm on Saturday, March 10, 2012

If anyone would like to contact me directly, my e mail address is: NewMilfordChickens@hotmail.com

Thank you for all of the support.

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james

1:31 pm on Sunday, March 11, 2012

looks like i am getting a goat

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Denise

12:15 pm on Monday, March 12, 2012

James-You'd best keep this under the radar, although there is a law in NM allowing the keeping of goat(s). I can only imagine what yourneighbors would think, they probably would make the same kind of stink (sic) that Mr. DelVecchio is experiencing. Just think, you would have access to goat milk, goat cheese...YIPPEE!!!! Save me some!

Jeffrey DelVecchio

11:47 am on Tuesday, March 13, 2012

If you support this cause please contact the New Milford Board of Health and let them know how you feel. They are the only ones who can change the ordinance.

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james

7:15 pm on Tuesday, March 13, 2012

denise it's a mean world when you have to watch what you do because of your neighbors, but your correct. what happened to live and let live, guess that died

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Denise

7:53 pm on Tuesday, March 13, 2012

James- I'm too stubborn to let neighbors rule my life. As long as there is a law in New Milford that allows the keeping of goat(s), by golly if you have the wherewithall to raise it (land, feed, veteranary bills, etc. I would get one just to tick off my neighbors...LOL!!!

Arlene M. Baladi

7:57 pm on Tuesday, March 13, 2012

We need to get that ordinance changed now...Joan LaPage at the BOH wouldn't even speak to me about doing that!

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Kim Hunter

10:07 pm on Tuesday, March 13, 2012

So you can't have chickens, but you can have homing pigeons. You can't keep chickens, but with a $5 permit, you can kill them!?!?!? You can have small animal in a shelter (Including homing pigeons) as long as you have their enclosures inspected....and they have to be pets... So maybe not egg laying chickens, but pet chickens? Oh Yeah - you can keep and slaughter a horse with the right permit!
BH:5-1.2 Keeping Pigeons and Certain Small Animals Prohibited.
No person shall keep, raise, breed or sell any pigeons (homing pigeons excepted), rabbits, guinea pigs, hares or similar animals in the Borough, except those kept as pets for recreational purposes. (1968 Code §74-13; New)
BH:5-1.3 Shelters for Small Animals; Cleaning and Inspection.
All small animals shall be kept in a suitable shelter; such shelter must be kept thoroughly clean at all times and open to inspection at all times by the Board or its inspectors; the shelter shall be cleaned at least once a week and more often if the Board or its inspectors shall so require. (1968 Code §74-14)
BH:5-1.4 Slaughtering Permit for Poultry and Small Animals; Duration and Fee.
a. No person shall engage in the business of slaughtering, killing or dressing poultry or small animals in the Borough without obtaining a permit from the Board for that purpose, which permit shall expire on December 31.
b. The permit may be granted by the Board upon payment of a fee of five ($5.00) dollars.

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