January 8, 2024  NORTH HUNTINGDON TOWNSHIP PLANNING COMMISSION REGULAR MEETING Monday, January 8, 2024 @ 7:00 p.m. 11279 Center Highway, North Huntingdon, PA 15642  REORGANIZATION OF THE PLANNING COMMISSION  Ryan Fonzi called for reorganization of the Planning Commission at 7:00 p.m.  ROLL CALL  William Chapman, President Present Virginia Stump, Secretary Thomas Kerber James McHugh Stephen Cross Joseph Dykta James Flynn  Also Present: Ryan Fonzi  Present Present Present Present Present Present  Deanna Perlinger, Recording Secretary  Nomination for Chairman: Nomination: Mr. Cross Second: Mr. Flynn Nomination for Vice Chairman: Nomination: Ms. Stump Seconded: Mr. McHugh Nomination for Secretary: Nomination: Mr. Cross Second: Mr. Kerber  Bill Chapman for Chairman  Motion Carried: 6-0-1 (Chapman abstained)  Tom Kerber for Vice Chairman  Motion Carried: 6-0- 1 (Kerber abstained)  Virginia Stump for Secretary  Motion Carried: 6-0- 1 (Stump abstained)  Reorganization Adjournment: Motion: Mr. Cross Second: Mr. McHugh  Motioned to adjourn (7:01 p.m.) Motion Carried: 7 -( 0-0  132    January 8, 2024  CALL TO ORDER  Mr. Chapman called the meeting to order at 7:01 p.m.  PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Motion: Mr. Kerber Second: Mr. Flynn CITIZEN'S INPUT None  Motioned to approve minutes of December 4,  2023  Motion Carried: 7-0-0.  OLD BUSINESS None  NEW BUSINESS  CU-01-2023: Clark Chicken Keeping  The Township has received another request to allow backyard chicken keeping per Ordinance #2266 which was passed in February of 2021. This ordinance amends the residential use table in the township Zoning Ordinance #765 and adds backyard chicken keeping as a conditional use in Brad Clark, of 680 Crestwood Drive, isi requesting this conditional use. He lives int the Country Hills residential development on a piece of property that is zoned R-2. The approximate size of the property is 0.204 acres, approximately 8,870 square feet. The property is a corner lot and surrounded on both sides by lots of similar size with the same zoning designation. The nearest Itshould be noted that the applicant currently has chickens on the property. The Township was made aware in November of 2023 by a neighbor who heard a rooster at all hours of the day oni the AI location map of the property has been provided as well as the application. Page three of the application references Section 906 from the Township Zoning Ordinance which governs Conditional Uses. Please refer more specifically to Section 906.3 General Requirements and Standards. The requested use should fall in line with the six standards listed in this section.  the R-2, R-3 and R-4: zoning districts.  dwellings are approximately 151 feet away from the Clark property lines.  Clark property.  133    January 8, 2024  Aconditional user requires a publichearing! beforet the Board of Commissioners, which is scheduled for. January 17th, 2024, at 6:001 P.M. at the Town House. However, prior to the public hearing, the Planning Commission must provide a recommendation to the Commissioners regarding this  request. Please be prepared to discuss at Monday's meeting.  Mr. Fonzi stated per the MPC any conditional use hearing requires the Planning Commission to give a recommendation to the governing body. There have been two other cases in the last couple of years, sO this makes number three. This is the corner lot at Hillsdale and Crestwood. Mr. Fonzi then invited Mr. Clark to Mr. Brad Clark, 680 Crestwood Drive, stated that Mr. Collura's property is to the south, Mr. Hurlburt's property is to the west, and Hillsdale and Crestwood (roadways) would be to the east and west of his property. In the left-hand corner of the highlighted display picture, there is a small structure that is a wood / utility shed is decorative and nothing to do with the chickens. There is a temporary run set up in the raised garden boxes and the area between the garden boxes between both neighboring properties. Both immediate neighbors are fully aware of the chickens on his property and are in support of having the chickens. He has had verbal and signed documents from these neighbors supporting him having the chickens; these neighbors even feed the chickens regularly table scraps, and vegetables. This is a stationary chicken tractor, not movable, but it is a prefab chicken coup, purchased from Tractor Supply with the extension to the right, which is the hen house. There is some netting, or poultry fencing, which is over a specific part of the garden box that allows the chickens in there to add in fertilization. There are regularly scheduled cleanings to take place every week. Chicken manure will go to Mr. Collura and the Clark gardens. The Clark family is a field to plate family and the chickens are a lifestyle for them. This would continue to grow this lifestyle for his family. These are egg laying chickens not meant to be harvested or euthanized in any way. They are: not meat chickens.  speak about what is going on at his property.  Mr. Kerber asked if there are any roosters on this property.  Mr. Clark stated there is a rooster, by mistake. When he bought the chickens, as peeps, raised in the garage and then when old enough went outside. One morning his family woke up to an odd noise that he was not expecting. He believes the potential concern there is the noise. He did some research and found that the average decibel of a rooster's crow is 90 decibels, and the average decibel of a hen is 70-80 decibels when they are laying eggs. The average mid-size dog bark is also at 90 decibels. A fully mature rooster can crow louder where the loudest recorded rooster is 130 decibels, and loudest recorded dog bark is 113 decibels. He is surrounded by dogs, and they all bark before 7:00 A.M. and after  9:00 P.M.  Mr. Kerber asked how long Mr. Clark had the chickens.  134    January 8, 2024  Mr. Clark stated he got the chickens between July 23rd and July 25th of 2023. He bought them as peeps, and they must spend a certain number of weeks inside of a very conditioned environment to raise them to be mature enough to Ms. Stump asked how many chickens Mr. Clark currently has, including the rooster. She also wanted to know if Mr. Clark had heard about other people Mr. Clark stated he currently has six chickens. Mr. Clark stated he went online and read past minutes from the Board of Commission of two other cases. He knew one applicant submitted prior to having chickens and the other post having the chickens. He was unaware of the ordinance prior to receiving the certified letter. To him a chicken is no different than having a dog; it's contained, and Ms. Stump also stated the Planning Commission at one point was considering making an ordinance and creating a list of rules for chicken keeping. One of them was no composting because tends to be a hot manure and needs to simmer before you can put that on your garden. Composting is what creates the odor. The other rules included having no rooster, no scrap for building the chicken coup, and no tarp, but composting was one of the big issues because of the odor, and roosters were because of the noise. She asked if he was willing to get rid of the rooster and dump the manure in the trash instead of composting it. Mr. Clark stated he was at the mercy of this board as well as the Commissioners. He questioned would I be willing, and then stated, I am going to do what you tell mel Imust do. He then stated he has a lot ofinformation, and all his surrounding neighbors are not concerned about the odor; he does cultivate the hot manure. He has a segregated grass clipping pile that he also composts. It was his original intent to use the chickens to their fullest and compost the manure. He is fully aware of the science behind waiting 120 days before the hot manure can be used in his garden. He did some research on the winds in this area, with a southwest wind being a predominate wind, along with immediate neighbors supporting this, that odor is an issue. He stated he didn't believe the rooster crowing was an issue due to the sound decibel level and the support from his immediate neighbors. He believes there is sound logic for keeping the compost and the rooster. Ms. Stump asked if Mr. Clark would be willing to do what the other two approved conditional use for chickens have, including getting rid of the rooster and not Mr. Clark stated if that is what he is told he must do, then he will do, but Mrs. Javor had seven chickens with none of them being roosters. The Board approved her to keep all seven until one passed away and then she was not permitted to add anymore, staying at a maximum of six chickens. Mr. Clark requests that  withstand the outdoors.  coming before the Board to ask for permission to have chickens.  they are not free range. He didn't expect there to be an issue.  composting.  135    January 8, 2024  this be considered, and his request be passed along to the Board of Commissioners. He believes that precedent was set in the Javor case, and he is Ms. Stump stated the structural improvements are close to the property line or on the property line and the proposed ordinance stated they should be five feet off the property line, including the woodshed. She asked if Mr. Clark would be Mr. Clark stated he could definitely do that. He added that with the support of Mr. Collura, who is in attendance, and with the support of Mr. Hurlburt, they do feed the chickens over the fence. Part of the reason it is located there is thatitis discreet regarding the neighborhood visually as well as being convenient for him and his direct neighbors to be entertained by them. Ifhe is forced to move it to be able to keep the chickens, he will move it, but the letter he has all his neighbors' signed states that sound, sight and smell are not of concern based on they way that Mr. Clark maintains his property. Mr. Clark has spoken to Mr. Collura and Mr. Hurlburt about the location of everything and they both agree things are okay where they are at. He stated he is going to do what he is told to Mr. Cross stated in the proposed ordinance that Ms. Stump referenced, which we have not adopted as a township, but part of that proposal dealt with the size of the lot. This was the biggest discussion that was had. Mr. Cross was a big advocate of having livestock, and chickens are livestock, the size of property should be measured in acres not square footage. Mr. Cross stated the Clark property is a relatively small lot thatincludes a pool that appears relatively close to the property line. Mr. Cross stated even if he moves the chicken coup five feet in, it doesn't seem to him that there is enough space to do this. This is far below the footage that was discussed in the proposal of the ordinance, which was Mr. Clark did read through this proposed ordinance and saw the space Mr. Cross was referring to, which is why he spoke to his neighbor to see if it was ok with him. With the majority of this being a southwest wind, and not easterly wind, odor is not an issue with him. Ifit were an issue, he supported Mr. Clark having chickens. Mr. Clark stated in his letter he did state this would be for the Clark family only having chickens. If they ever moved out the permit would be applied Mr. Cross stated this permit would not be permanent with the property. Mr. Cross stated whenever this subject is investigated, it is not just the homeowner or the two neighbors that Mr. Clark has, it's about the neighborhood, the township, and what the Planning Commission reports to the Board of Commissioners of being acceptable around the township. Mr. Cross stated if he backed this it would send the message to the township that you can raise any  asking for the same treatment.  willing to move those further onto the property.  do, but her prefers to leave it where it currently is.  measured in acres.  to whoever moved onto the property.  136    January 8, 2024  kind of farm animals that you want, and it really doesn't matter as long as the people next to you agree. But your neighbors have people next to them, and people next to those people and it's an entire neighborhood. It's not just three Mr. Clark stated he did mention that he has support from every house, 360 degrees, around him. He does understand what Mr. Cross is stating. He does understand there is somebody, somebodies, maybe multiple families in the neighborhood, that may have some concern with the situation. He has an overwhelming response of support as well that he intends to have documentation, or persons, at the Commissioners Meeting next week. Mr. Dykta questioned if they approve or disapprove, but it still goes to the Mr. Fonzi stated that is correct. Even ifi it is a denial tonight it still moves to the Mr. Flynn asked if the rooster was needed to assist in laying the eggs. He then asked if there was more than an attachment to the rooster in not wanting to get Mr. Clark stated the rooster is not necessary for laying eggs. There are no more nutrients in a fertilized egg than a non-fertilized egg. He stated the rooster is part of the family now. It has been six to eight months, and these are not meat chickens. They are going to be kept around for years and they are going to continue to lay eggs. If Fifi dies, we will all cry. This is the same thing as what Mr. Cross asked if Mr. Clark grew up doing this, from his personal experience, Mr. Clark said his mom's side of the family homesteaded, which he spent his summers with until he was approximately fourteen years old. There were COWS, rabbits, chickens, pigs, and large plots of gardening. His wife stated he wasn't permitted to buy chickens for meat production. He wasn't permitted to kill the chickens. Mr. Clark added from a character perspective, he is not out to vandalize or cause major riffs. He owns multiple properties in North Huntingdon and his taxes are paid on all of them. He grew up here, living here all but two years of his life and continues to invest in North Huntingdon. He is on the board of Sewickley Creek Watershed Association, which Andrew's Run goes into the east side of the township. He gives back to the community and has coached youth in line hockey for fourteen years. He has been the administrator of that organization for twelve years. His intent is not to cause a major riff in hopes that his character that backs the level of activity up helps the Planning Commission in their decision. He invited any of the members to visit his property, as it is very  houses that we must be concerned with.  Commissioners and still goes to the public hearing.  public hearing and then a vote by the Board of Commissioners.  rid ofit.  he has in the chicken coup.  come November you butchered, that is just what you did.  137    January 8, 2024  well kept. It is country in Country Hills. There is a log pile on the side of the property, with chickens in the other corner of the property. He shoots his bow behind his shed. This chicken conditional use is not going to be a pig pen. There are other houses in the neighborhood that if we were worried about aesthetics and it what it conveys about North Huntingdon that he believes we could go look Mr. Chapman asked Mr. Fonzi about the outcome of the last two conditional use, Mr. Fonzi stated for the Planning Commission, the conditional uses were denied, but the Board of Commissioners approved them both with conditions stated in Mr. Clark stated the first conditional use was delayed a month due to debate amongst the Board. The following month it was voted on, and both conditional uses were approved at once. The vote originally was going to go against Mrs. Javor and then there was discussion amongst the Board. It was delayed a month, Mr. Fonzi clarified that Mrs. Javor brought in the idea of a therapy animal. The township was unprepared for that, sO the solicitor had to do research into how to handle that situation. That caused the tabling for the Javor Conditional Use Mr. Clark stated he believed according to. ADA that was unfounded that chickens Mr. Chapman didn't want Mr. Clark to think his character has much to do with this, as once we do for one, it starts setting precedent for the next ones. Mr. Clark stated he looked up the addresses of the other conditional uses and he didn't measure the square footage of them. One is in Camelot and the other Mr. Fonzi stated the Javor (Camelot) was approximately just under 10,000 square feet, just slightly larger than the Clark property. The Helzlsouer property Mr. Fonzi clarify that in 2012 there was a permit submitted for the pool and itis 10'6" from the property line, the aerial photo doesn't show an accurate picture Ms. Stump stated she is on record in support of having chickens in backyards. She was in favor of having the proposed rules of no composting, no tarps, no roosters, and she would still be in favor of having chickens if the rules in the  at.  chicken keeping applications.  the resolutions that were pulled from the draft ordinance.  as there are forty-five days to decide.  application.  could count as a service animal.  in. Jacktown Acres.  on Adams Drive is a double lot, sO it was close to .45 acres.  of property lines.  138    January 8, 2024  original proposed ordinance were followed. The other two people that had conditional uses agreed to follow those rules. Other than an initial issue, both families are now in compliance with those rules. She would still be in favor of the chickens with the contingency of those rules would be adopted. She did Mr. Fonzi said the hen house should be at least twenty feet from any property line and at least forty feet from any adjacent building or dwelling from the other Mr. Cross asked if the original proposed regulation had negotiated a minimum lot size of one acre. He had wanted two acres, but in interest in passing an Mr. Fonzi stated after months of debate, yes that number was proposed even though neither board came to an agreement. He put time into making maps to present this proposed ordinance, and thought that one acre was pushing this, butit was more fair to the residents. The percentage of properties in the township was a very low percentage in having three acres, but many more properties have Mr. Flynn went on record to make a motion to approve the chicken with five-foot Mr. Kerber asked ifMr. Clark knew about the ordinance prior to having chickens. This has been a very hot topic in the township for the last two years. He commends Mr. Clark for his presentation and love for animals, but like others on the board must look at others' rights, values and set a precedent for the Mr. Clark stated he was not aware until he received the certified letter. He got Ms. Stump asked if there was just a five-foot setback from property would Mr. Mr. Fonzi stated he doubts it but would need to plot it in to make sure. He may Mr. Clark stated it currently sits five feet to the right of the garden box and three Ms. Stump asked if he would need to structurally bring the run up against his  question if the distance was forty feet.  two condition use agreements.  ordinance, decided to drop down to one acre.  one acre.  set back, no composting of manure, and no rooster.  township.  the chickens between July 23rd and July 25th.  Clark still be within the distances of the proposed ordinance.  be running into his pool. feet off the Hurlburt fence. house or the side of his house.  139    January 8, 2024  Mr. Fonzi stated he honestly didn't know if that would give him forty feet from the back wall of the Clark residence to the side wall of the Hurlburt house. Mr. Clark added there is a three-foot sidewalk from the back porch and a small Mr. Dykta asked if the forty feet meant it had to be away from the Clark house Mr. Fonzi stated it is any adjacent building or dwelling. He could have it up Mr. Clark brought up composting as it is a point of discussion. An average size dog of 35-40 pounds each day makes about.75 pounds. Six chickens will make about .4 pounds of waste. The dog's waste typically gets put in plastic bags and goes to a landfill. The waste from the chicken is cultivated into the raised garden boxes weekly when the ground isn't frozen. When the ground is frozen it will be put in the grass compost pile on the other side of his property. He stated he is going to listen to the rules, but when it comes to the science behind it, it is a very good organic matter that he'd have to buy ifl he couldn't make it himself. He is making less waste than a dog with his six chickens, and he is constructively Mr. Fonzi asked when the chicks were fully grown after getting the chicks in July. Mr. Fonzi clarified that they haven't gone through a full hot summer with fully grown six chickens producing manure. The neighbors haven't had to go through this situation yet. He wanted to caution people as this may rear its head Mr. Clark stated after sixteen weeks you are allowed to put outside depending on weather conditions. He did again state that the southwest prevailing winds across the street on Hillsdale. In southwest Pennsylvania we have winds that swirl. He stated ten percent of the time we have less than two mile an hour winds, sO it may resonate right where it sits. Most of the time it is going to blow Ms. Stump stated a dog's manure is not hot like a chicken's. Most people do clean up their yards, sO you don't have that odor from dogs. They do put the manure in waste cans and have it hauled away. Many prefab coups have a shelf  outdoor firepit.  as well, as it states any structure. against his own house.  able to use this waste to grow food.  as the weather warms up.  where he has the majority of the support for keeping chickens.  for pulling out manure and dumping.  Ms. Stump then asked Mr. Flynn about his motion conditions.  Mr. Flynn stated his motion included moving chickens 5 foot away from property  lines, no composting and to get rid of the rooster.  140    January 8, 2024  Mr. Kerber again stated the Planning Commission is just an advisory board. The  Board of Commissioners have the final say on this. Mr. Chapman stated we have a motion; do we have a second.  Mr. Cross stated in the absence of a second to Mr. Flynn's motion, Mr. Cross  would make a motion to deny the chickens. Mr. Dykta second the motion to deny chickens.  Roll call was taken: Mr. Chapman - aye Ms. Stump - no Mr. Cross - aye Mr. Kerber = aye Mr. McHugh -1 no Mr. Dykta - aye Mr. Flynn -1 no  4 in favor of denying chickens. 3 oppose denying chickens. Motion: Mr. Cross Second: Mr. Dykta  Motion to Deny. Motion Carried: 4 3-0.  Ms. Stump stated she voted against Mr. Flynn's motion as she thought the coup should be moved back closer to the house and meet the original  ordinance proposal requirements. ADVISORY HEARINGS  None  ITEMS FOR ACCEPTANCE S-01-2024: Marks Consolidation 2  Motion: Mr. Kerber Second: Mr. McHugh  Motion to accept application. Motion Carried: 7 - 0-0.  141    January 8, 2024  S-02-2024: Itle Subdivision 2  Motion: Mr. Kerber Second: Ms. Stump  Motion to accept application. Motion Carried: 7 -0-0.  DISCUSSION ITEMS  None  CHAIRMAN'S REPORT  None  ADJOURNMENT Motion: Mr. Cross Second: Mr. Kerber  Motioned to adjourn 7: 39 p.m. Motion Carried: 7 - 0-0  Meeting minutes of January 8, 2024, were approved by the Planning  Commission on January 17,2024. Xbflh Planning Commission Chairman  XOuyRnfump  Planninq Commission Secretary  142