AMHERST — A South Amherst farmer at risk of having to relinquish her livestock because of odors emanating from her farm will have 60 days to find out whether her operation is legal under town zoning.
The Board of Health March 8 voted unanimously to put a stay on a cease-and-desist order that would have forced Michelle Chandler, of 326 West Pomeroy Lane, to remove her 15 rabbits and 50 hens that she uses to feed her family, as well as a herd of goats, from her 1.14-acre parcel. The order was issued after a town health inspection determined that odors from her farm are impacting neighbors.
The stay mandates that Chandler go before the Zoning Board of Appeals and that by April 1 she move the rabbits, whose waste is believed responsible for most of the odor, to a property across the street, where they were previously kept from April to December 2017.
“You’ve got to talk to the Zoning Board of Appeals because we need some direction from them,” said Marco Boscardin, chairman of the health board.
The decision was unsatisfactory to both Chandler and Susan Fortin, a neighbor at 316 West Pomeroy, who with husband John has repeatedly raised objections to the operation.
“I would have preferred the order to be vacated, but I appreciate they think this needs more legal review,” Chandler said, adding that being forced to sell the animals she has on her property since 2008 would be an immeasurable loss to her family.
Fortin said she worries that Chandler will not abide by the board’s decision, noting that the odor has been a problem for a long time.
“We have been suffering from intolerable smells from the property for over six years,” Fortin said.
Health Director Julie Federman told the health board she has no evidence that Chandler has the ability to manage the large number of animals, noting that she reneged on a compromise reached more than a year ago to keep the rabbits across the street.
“The overarching issue is the odor keeps recurring and keeps recurring,” Federman said.
The Fortins filed complaints in January and February, after the rabbits were moved back to the neighboring property, a decision Chandler said she made because it was dangerous to lug 5-gallon pails of water and feed across the street during the darkest months of the year.
Health inspector Susan Malone’s inspection revealed the problem. “I confirmed there was a noxious odor, manure, on the property,” Malone said.
The town’s general and zoning bylaws both are explicit that keeping livestock for consumption on property where Chandler lives is allowed by right.
But the general bylaw also notes that “odors from domesticated fowl and rabbits, their waste, compost, or other related substances shall not be perceptible at the property boundaries. It shall be a violation of these regulations for the owner, custodian, or keeper of any animal governed under these regulations to allow the animal(s) to be a nuisance to any neighbors, including but not limited to: noxious odors from the animals or their enclosure; and noise of a loud and persistent and habitual nature.”
John Fortin points to this as the reason Chandler’s farm should be shut down. “There should be no perceptible smell, which has been a major infraction,” he said.
Susan Fortin said the smell is pungent and that her 4-year-old grandson hasn’t been able to play outdoors because of the smell.
“We just want to live on a property and be able to go in our backyard and not be overwhelmed by the smell of feces,” she said.
Chandler’s attorney, Marwan Zubi, with Nicolai Law Group PC, in Springfield, said registration of livestock doesn’t apply to his client and he will argue before the Zoning Board that she is exempt from the general and zoning bylaws.
“What this boils down to is the complaint is that Ms. Chandler’s farm smells like a farm,” Zubi said.
Chandler, he said, has a right to raise livestock and poultry where she lives. “Most of her property is uses devoted to her farm, not her residence,” Zubi said.
The Fortins said their concerns have included improper disposal of remains of chickens and rabbits, insufficient hay in the rabbit hutches, loose animals, including goats that have destroyed bushes, and a generally unkempt property, with piles of Christmas trees for the goats to consume left in the yard.
About 15 residents came to the hearing, most there to support Chandler, and spoke in favor of her work.
Dael Chapman of Pondview Drive said she gets eggs frequently and never noticed any smell
“If there is one, I haven’t noticed it, it’s not a distraction,” Chapman said.
Nathalie Bridegam of Memorial Drive said she visits often and appreciates Chandler’s homesteading.
“I think this is a wonderful contribution to this area,” Bridegam said.
“She’s a resource to the community as a farm, as a human being,” resident Julia Agron said.
Susan Fortin said if Chandler is keen on continuing, it would be best to find a larger site where she wouldn’t be impacting neighbors.
“The best resolution would be for her to find a parcel that’s more suitable for what she’s doing. She’s ill-advised to do it on such a small parcel,” Fortin said.
Scott Merzbach can be reached at smerzbach@gazettenet.com.