Watertown Board of Health: 4-H Club chickens must fly the

coop
By Laura Paine/staff writer
Wicked Local Watertown
Posted Dec 02, 2010 @ 05:13 PM
Last update Dec 03, 2010 @ 04:00 PM

WATERTOWN — Watertown’s 4-H Rabbit Habit Club is fighting to keep its fowl.
Since April, Laura and John McKenzie – owners of the Summer Street nonprofit
organization – have been battling with the town’s health department to keep their animals,
despite concerns of odor and noise.
On Monday, the board voted that the McKenzies remove all 10 chickens from their
property, and are allowed to keep a limit of 8 rabbits after filing a proper application with the
town. The club currently houses 15 rabbits. Previous letters indicated the chicken coop, along
with the waste, would have to be removed, but at the Nov. 30 meeting, the board agreed a
cleaned-out coop could stay.
Dozens of letters of support for the 4-H Club from local residents have been sent to the
board of health since the issue was raised this spring. Since 2002, the club has taught
children about animals and how to care for them while growing their communication skills
and self-confidence.
But according to the board, current zoning laws prohibit the McKenzies from operating
their club and keeping fowl on their land.
Earlier this year, Joseph Cimino – who’s home is next door to the club – filed a formal
complaint with the town citing “odor, noise, increased traffic and unsightliness.”
Records kept in the Health Department’s office indicate that on Apr. 27, Animal Control
Officer and Junior Sanitarian Karen O'Reilly visited the site and noted that “all the animals
appear to be in good condition.”
But there are too many, according to Board of Health Chairman Dr. John Straus.
“We heard in testimony from our staff, [who were] there are at least three times, with the
current number of animals, that the odor has been unacceptable,” he said on Monday.
On May 11, the McKenzies were ordered to cut back on their rabbits and get rid of their
chickens altogether or else they would be fined up to $300 per violation. At that time, the
chicken coop contained 11 chickens with approximately 20 adult rabbits and several new
litters.
The McKenzies filed for a “Keeping of Animals Application” through the town, promising
to maintain the animal housing daily and ensure the animals are properly cared for, but the
board ruled in a letter dated Aug. 13 that the animals had to go and denied the application.
“These animals do mean a lot to me,” Laura McKenzie said. “They’re not just fuzzy little
cute things. They’re an attachment of me. These animals are my life. I spend time with them
and take care of them. Why would I want them to get ill and live in dirty facilities?”
Director of Public Health Steven Ward said on Monday it was mainly the animal odor that
was the problem.
“The opinion of the health department is that by reducing the number of rabbits and
eliminating the chickens, we wouldn’t have problems with the odors documented in more
than one inspection,” Ward said. “On three separate occasions we have documented that there
is odor on the site. It’s a rudimentary basis not based in science. You don’t have to have that.”
As ordered by the board, the McKenzies will also have to indicate that other violations
have been corrected, which includes ensuring the rabbit housing is 100 feet from neighbors’
(where it is currently 30 feet away), water supply for drinking and cleaning is made available
in the garage, and other zoning issues are addressed.
Governor’s Councilor and Watertown resident Marilyn Devaney spoke on behalf of the
McKenzies on Monday, saying they should be commended for taking the time and effort to
run the program.
According to Devaney, the 4-H Club is a full time job for Laura McKenzie, who keeps the
animal housing in “immaculate condition.”
 “How lucky we [are to] have people like Laura and John who give so much of their time to
the 4-H Club and the children whose lives have been enriched,” Devaney said. “We know
there are exceptions to the rule. Even our constitution is amended from time to time. Instead
of absolute rules, we have boards, with human beings, people who are charged with using
their heart and head on each individual case.”
Stephen Winnick, an attorney representing the McKenzies, said the 4-H Club cannot be
“regulated out of existence.”
“I don’t see a rational nexus between eliminating every chicken and solving the alleged
nuisance issue,” he said. “Our position is that we would reduce the number of rabbits to
achieve some balance. The notion is that the [health] department in truth is ideologically
against chickens. The notion that by eliminating the chickens is somehow going to bring
down the total intensity of the nuisance doesn’t bear up.”
The McKenzie’s will have to submit an altered application to the Board of Health by Dec. 8
to be heard on Jan. 9, 2011, at the next Board of Health meeting.

Laura Paine can be reached at lpaine@cnc.com.

Copyright 2010 Watertown TAB & Press. Some rights reserved