ZONING BOARD OF ADJUSTMENT - Town of Essex, Vermont
ZONING BOARD OF ADJUSTMENT - Town of Essex, Vermont
ZONING BOARD OF ADJUSTMENT - Town of Essex, Vermont
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<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>ADJUSTMENT</strong><br />
MINUTES<br />
January 3, 2013<br />
<strong>ZONING</strong> <strong>BOARD</strong> MEMBERS: Hubert Norton, Chair, Michael Plageman, Vice-Chair;<br />
Edith Klimoski; and Mitch Lefevre.<br />
OTHERS PRESENT: Sharon Kelley, Zoning Administrator; Mark & Suzanne Perkell;<br />
William & Irene Keithcart; Hollie Heil; Lyn Nash; Robert Groleau; R. (illegible); Alan<br />
Tsefrekas; Pam Alexander; Dan Liguori; Lydia P. Wisloski; Susan & Steven Lackey;<br />
Chris & Candice Hosmir; John Flannigan; Matt Ryan; Aubrey DePaul; Doreen Giannelli;<br />
Robert Snapp; Cathy Hurst; Jay & Joanie Kagan; Christine & Ben Gilliam; Brian<br />
Marcotte; Leo & Joan Sheporaitis; Holly Fenster; Henri de Marne; Bob Desrosiers; Andy<br />
Stricker; Nancy Pratt; Victoria Brown; Marie Sadler; Mary A. Thomas; Leslie D.<br />
Desrosiers; Randall R. Pratt; and Denis Dees, Jason Starr, <strong>Essex</strong> Reporter.<br />
Chairman Hubert Norton called the meeting to order at 6:06 p.m. The Board heard<br />
Agenda Item 2 first.<br />
AGENDA ITEM 2: Alan Tsefrekas is requesting an appeal <strong>of</strong> the Zoning Administrator‟s<br />
decision for the removal <strong>of</strong> pigs located at 8 Valleyview Drive in the Medium Density<br />
Residential (R2) Zoning District. Tax Map 24, Parcel 23.<br />
Hubert Norton administered the oath and opened the fact finding/public hearing portion<br />
<strong>of</strong> the meeting.<br />
The Zoning Administrator, Sharon Kelley, noted additional e-mails and the applicant‟s<br />
narrative submitted on behalf <strong>of</strong> the application was distributed at the start <strong>of</strong> the<br />
meeting. The Zoning Administrator read through comments listed in a General<br />
Information document dated 1/3/13 and noted the following attachments or additional<br />
information:<br />
Under 6: Reply e-mail to the Zoning Administrator from Ms. Alayna Howard<br />
from the <strong>Vermont</strong> Environmental Compliance & Enforcement Division and a<br />
copy <strong>of</strong> the VT State Standards Chapter 117, T.24 section 4413. Limitations on<br />
municipal bylaws;<br />
Under 23: Added language that some <strong>of</strong> the pigs were currently pregnant;<br />
Under 25: Added language to includ that at any time there was a glitch, Ms.<br />
Susan Magidson from Pig Placement would pull her <strong>of</strong>fer;<br />
Under 26: Reference to an e-mail dated 1/3/13 to the Zoning Administrator from<br />
Ms. Tammie Hartshorn <strong>of</strong> New Hampshire;<br />
Attachment: Pictures taken <strong>of</strong> Mr. Tsefrekas‟ home.<br />
Attachment: Mr. Marcotte‟s letter;<br />
Attachment: Section 4.2 <strong>of</strong> Zoning Regulations;<br />
Attachment: Various e-mails.<br />
Attachment: Excerpts <strong>of</strong> police report; and
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ZBA Minutes January 3, 2013<br />
Attachment: CutiePigs website information.<br />
Florence Cheryl Gruber spoke on behalf <strong>of</strong> the application and pointed out the following:<br />
She and Mr. Tsefrekas never intended to have this many pigs and piglets, but that<br />
it was an emergency situation in order to save the lives <strong>of</strong> the pigs.<br />
She was a breeder, but her website, CutiePigs.com, has not been used for months,<br />
and it was not her intention to set up a business.<br />
She and Mr. Tsefrekas have been constantly cleaning the house to care for the<br />
pigs and as a result get very little sleep.<br />
The chickens had belonged to Nancy Tsefrekas, who currently resides in<br />
California, but they are no longer on the premises.<br />
Pig feces doesn‟t smell half as bad as dog and cat feces and is good manure.<br />
The pig manure on the yard was removed and they now discard the pig manure as<br />
waste in the same manner as dog and cat feces.<br />
She did not feel the neighborhood smell could be attributed to their pigs because<br />
there has been a smell for a long time due to a farm nearby and the pigs are not<br />
outside. Therefore, she stated that the pigs have not had any impact outside Mr.<br />
Tsefrekas‟ house.<br />
The pigs are miniature, household pigs, hypoallergenic, are the 4 th most intelligent<br />
animal on the planet and are good companions.<br />
The pigs are quieter, safer and have less odor than dogs and are not large farm<br />
swines.<br />
Pigs have only been bred over the last 30 years and many towns are bringing<br />
ordinances up-to-speed to allow these pigs as household pets.<br />
She and Mr. Tsefrekas were asking to be treated fairly as they would like to be<br />
able to keep 2 or 3 pigs on their premises and because pigs were smaller, safer<br />
and more hypoallergenic than dogs and cats.<br />
She stated that there was a big prejudice against pigs because <strong>of</strong> misinformation<br />
or lack <strong>of</strong> knowledge about pigs.<br />
The visit from the Humane Society showed that their house was clean, safe and<br />
sanitary.<br />
Norton asked Ms. Gruber about the definition <strong>of</strong> “miniature”. Ms. Gruber explained that<br />
her largest pig was knee high and weighed 100 pounds and was the best, calmest and<br />
most social pig she had. Other sizes <strong>of</strong> pigs started at 14 ½ inches and at 45 pounds. In<br />
comparison, farm pigs can get to 7 feet long and can weigh 300 to 700 pounds.<br />
Klimoski asked if there was a written plan to get all the pigs removed by January 7, 2013.<br />
Ms. Gruber replied that the plan was in action now with pigs being removed. Plageman<br />
did not think the deadline was all inclusive and that there was a more adaptive schedule<br />
for some <strong>of</strong> the pigs. He asked how many pigs would remain because they were adopted<br />
already, and Ms. Gruber replied 6 or 7 and that it was best if they waited for Pig<br />
Placement in Pennsylvania to get the pigs. Mr. Plageman asked why? Ms. Gruber replied<br />
because it allowed the pigs to get into good homes through Pig Placement and would<br />
avoid emotional damage to the pigs.<br />
Approved 3/7/13<br />
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ZBA Minutes January 3, 2013<br />
Norton opened up comments from the public.<br />
Ms. Doreen Giannelli, 18 Valleyview Drive stated that 47 animals in a home was not<br />
acceptable nor were pets running loose in the neighborhood as she has seen happen with<br />
these pigs. She was not confident that if the applicant was allowed to have 3 pigs that it<br />
would remain just 3. She was also opposed to there being an RV parked in their yard.<br />
Mr. Brian Marcotte, Pinewood Manor, Inc., 32 Hillside Circle, stated that Mr. Tsefrekas<br />
was in direct violation <strong>of</strong> the neighborhood covenant and read paragraphs 5 and 8 from<br />
the covenant. He stated that he spoke with Mr. Tsefrekas via the phone in the fall and was<br />
told that there were no pigs at the residence. He was strongly opposed to having pigs in<br />
Pinewood Manor and he felt it was a disgrace to the neighbors. He requested that there<br />
also be some follow-up by the <strong>Town</strong> to ensure that there would be no pigs at the<br />
residence.<br />
Norton clarified that the ZBA had no jurisdiction with neighborhood covenants.<br />
Ms. Holly Fenster, 36 Valleyview Drive, was in her car and saw pigs grazing. She pulled<br />
her car over to speak with Mr. Tsefrekas and was told by him that her idling car was<br />
scaring the pigs.<br />
Mr. Leo Sheporaidis, 28 Skyline Drive, encouraged the applicant to buy some<br />
agricultural land where he could keep pigs and noted that the neighbors didn‟t trust Mr.<br />
Tsefrekas.<br />
Ms. Lydia Wisloski, 40 Wildwood Drive, referenced the protective neighborhood<br />
covenant that were linked to the <strong>Town</strong> <strong>of</strong> <strong>Essex</strong> Land Records. As a Real Estate Agent,<br />
she gives directions to people looking at a house in the area so that it avoids passing by<br />
Mr. Tsefrekas‟ property. She suspected more <strong>of</strong> a business happening at the residence.<br />
Ms. Pam Alexander, St. Alban‟s Animal Control Officer, gave her perspective <strong>of</strong> the<br />
situation. She stated that there were many people involved trying to address this situation,<br />
and she recognized that there were deeper issues that added to the discomfort, particularly<br />
for those that choose not to live with animals. However, she reassured the public that<br />
there were many organizations involved to try to resolve this issue.<br />
Ms. Marie Sadler, 15 Skyline Drive, felt that the applicant should give some<br />
consideration to the people in the neighborhood. She stated that there was one mess after<br />
the other that has been going on at the residence for 10 years and that she has tried to<br />
respect the owners in the past.<br />
Ms. Victoria Brown, 17 Skyline Drive, stated that she has been in Mr. Tsefrekas‟ house<br />
and stated that it had an overpowering smell, that there were piles <strong>of</strong> stuff, pigs and<br />
excrement everywhere and that the floors were sticky from pig urine. She stated that<br />
there had to be an odor because she knew that Mr. Tsefrekas has been sent home from<br />
Approved 3/7/13<br />
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ZBA Minutes January 3, 2013<br />
work to get cleaned up from the smell. She added that after she was at Mr. Tsefreka‟s<br />
home, her dogs went crazy from the smell on her clothes.<br />
Ms. Susan Lackey, 9 Ridge Road, understood both sides. However, she felt that the ZBA<br />
needed to look at the law on the books and needed to support those laws or work towards<br />
changing them. Either way, the law needs to be enforced.<br />
Sharon Kelley added that there can be some agricultural livestock in an R2 District, but<br />
that an applicant needed to go through the permitting process, which included<br />
considering the size and/or number <strong>of</strong> animals. She encouraged the public to visit the<br />
<strong>Town</strong>‟s website to read Section 4.2 <strong>of</strong> the <strong>Essex</strong> Zoning Regulations, which relates to this<br />
issue.<br />
Mr. Bob Derosier, 9 Valleyview Drive, wanted to make sure that the <strong>Town</strong> would build<br />
in some follow up to this issue. He asked if the plan was to get rid <strong>of</strong> the animals and<br />
whether the ZBA can rule on that issue. Norton replied yes and that there were<br />
regulations for Mr. Tsefrekas and Ms. Gruber to follow. Changes to the regulations need<br />
to be requested through the Planning Commission as the ZBA was a quasi-judicial board<br />
and did not write zoning regulations.<br />
Mr. Randy Pratt, 54 Forest Drive, asked what is going to happen with the pigs and what<br />
is the follow up? It sounded to him that the applicant was not allowed to have pigs and<br />
that it was a different process to get that approved.<br />
Mr. Derosier wondered what would happen with breeding if 2 or 3 pigs were allowed.<br />
Sharon Kelley responded that any conditional use approval would be conditioned so that<br />
inspections occurred and that a determined number <strong>of</strong> livestock would be allowed on the<br />
premises.<br />
Ms. Mary Thomas, 4 Valleyview Drive, asked whether she could have a cow at her<br />
house. Sharon Kelley reiterated that depending on the zoning district the property was in<br />
and/or the size <strong>of</strong> the lot, a landowner could go through the conditional use review<br />
process to request that an agricultural animal be allowed on the premises. Kelley<br />
encouraged the public to read Section 4.2 <strong>of</strong> the Zoning Regulations that speaks to<br />
agricultural animals.<br />
Mr. Leo Shephoraidis, 28 Skyline Drive, felt that the history <strong>of</strong> this issue surrounding the<br />
appearance <strong>of</strong> the property was relevant to the issue.<br />
Ms. Aubrey DePaul, 4 Forest Road, was opposed to having pigs in the neighborhood<br />
because she felt that pigs didn‟t belong there.<br />
One public member was opposed to allowing pigs because once the line is crossed, it<br />
starts to happen more and more.<br />
Approved 3/7/13<br />
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ZBA Minutes January 3, 2013<br />
Ms. Irene Keithcart, 11 Creek Road, was strongly in favor <strong>of</strong> the removal <strong>of</strong> all the pigs<br />
by Monday, January 7, 2013.<br />
Mr. William Keithcart, 11 Creek Road, agreed with Ms. Larkey that the ZBA needs to<br />
follow the law and agreed with Ms. Keefe that the deadline for removal <strong>of</strong> all the pigs<br />
should be Monday, January 7, 2013. If the applicant wants pigs, then he should go<br />
through the process <strong>of</strong> changing the ordinance.<br />
Ms. Gruber, in response to the public comments, stated that the pigs were not in the<br />
location before November 12, 2012 and that this issue has only been happening the last<br />
few weeks. Gruber stated that they were getting close to the end. With regards to pigs<br />
not belonging in the neighborhood, she argued that dogs were originally for working on<br />
the farm and in the 1800s were brought inside as pets. Gruber emphasized that her pigs<br />
were house pets, not livestock, as they were bred to be house pets. They were also in the<br />
process <strong>of</strong> getting the pigs neutered and spayed. Gruber stated that the pigs are small,<br />
calm and safe house-sized pets.<br />
Mr. Marcotte felt that this issue was common sense. He has never seen a problem to this<br />
extent in this neighborhood and stated that it was not called for. He added that the RV<br />
was not a pretty sight.<br />
Norton commented that some <strong>of</strong> the discussion was <strong>of</strong>f point and the issue before them<br />
was to determine if the ZBA should uphold the Zoning Administrator‟s decision which<br />
requires the removal <strong>of</strong> pigs from the premises.<br />
Ms. Brown added that when she was in Mr. Tsfrekas‟ house, some <strong>of</strong> the pigs didn‟t get<br />
along with others, and she noticed the damage to the house the pigs had caused. She<br />
disagreed that pigs were gentle and resented the comparison to dogs. She gave an<br />
example <strong>of</strong> a pig trying to eat her pants when she was in the house.<br />
Mr. Mark Perkell, 45 Windridge Road, has never been more embarrassed and felt this<br />
issue was sad. He agreed with Ms. Lackey and asked the ZBA to look at the law and<br />
interpret it in a way that is just.<br />
Mr. Denis Dees, 20 Valleyview Drive, was in favor <strong>of</strong> allowing one week for the<br />
applicants to address this issue and for the ZBA to set a firm deadline.<br />
Ms. Gruber stated that the main complaint was related to impacts, and she did not hear<br />
any comments on impacts to the neighbors. Gruber stated that the appeal was to give<br />
them the needed time to get all the pigs re-homed in the most humane manner.<br />
Sharon Kelley expressed that Ms. Gruber and Mr. Tsefrekas have worked with her<br />
cooperatively on this issue and were welcoming the help from various organizations.<br />
Ms. Christine Gilliam, 29 Wildwood Drive, wanted to know if there was a plan in place<br />
for the removal <strong>of</strong> all <strong>of</strong> the pigs and was concerned about the fact that there was a<br />
Approved 3/7/13<br />
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ZBA Minutes January 3, 2013<br />
pregnant pig. She asked if there were adoption papers for the ones to be adopted.<br />
Additionally, with regards to the applicant‟s request to keep 3 pigs, she was concerned<br />
that there were so many unknowns. Sharon Kelley noted that Ms. Gruber is actively<br />
working with a number <strong>of</strong> people, some <strong>of</strong> which were rescues.<br />
Ms. Gruber added that there needed to be careful, heated transportation for the safety and<br />
health <strong>of</strong> the pigs and piglets.<br />
Ms. Leslie Derosier, 9 Valleyview Drive, was in favor <strong>of</strong> the removal <strong>of</strong> all <strong>of</strong> the pigs<br />
and to let the applicant go before the Planning Commission for a zoning request change<br />
to allow for 2 or 3 pigs.<br />
Norton stated that the Zoning Administration‟s citation was for the removal <strong>of</strong> all the<br />
pigs.<br />
Mr. Keithcart asked about a follow-up inspection.<br />
Ms. Thomas wanted to know why Mr. Tsefrekas had pigs if he knew the rules.<br />
Klimoski asked the Zoning Administrator about the notification process. Sharon Kelley<br />
explained that a Notice <strong>of</strong> Violation was sent to the applicants on November 20, 2012<br />
informing them that they were in violation <strong>of</strong> State Statute by having pigs on the<br />
premises without town approval and that the applicants had 7 days to cure the violation.<br />
If they failed to do so, the Zoning Administrator would file a complaint in the <strong>Vermont</strong><br />
Environmental Court seeking enforcement <strong>of</strong> the notice <strong>of</strong> violation and the applicant<br />
could be charged penalty fees. Currently, nothing has been filed with the Environmental<br />
Court. The applicants were also told in the final notice that they had the right to appeal<br />
this action by filing an appeal for a hearing before the Zoning Board <strong>of</strong> Adjustment<br />
within 15 days <strong>of</strong> the notice, which is the action that was taken by Mr. Tsefrekas.<br />
Hubert Norton MOVED and Edith Klimoski SECONDED a MOTION to close the<br />
fact finding/public hearing portion <strong>of</strong> the meeting. The MOTION passed 4-0-0.<br />
During its deliberations, the Board discussed the findings, any additional findings and the<br />
conditions. The Board made the following motion:<br />
Michael Plageman MOVED and Edith Klimoski SECONDED a MOTION to uphold the<br />
Zoning Administrator’s Notice <strong>of</strong> Violation dated 11/20/12, relative to the Tsefrekas<br />
residence on 8 Valleyview Drive, <strong>Essex</strong> Jct., Vt., requiring that all pigs and piglets be<br />
removed from the premises, according to the following Findings and Conditions:<br />
FINDINGS:<br />
1. The <strong>Town</strong> <strong>of</strong> <strong>Essex</strong> records list the landowners <strong>of</strong> 8 Valleyview Drive, <strong>Essex</strong><br />
Junction, <strong>Vermont</strong> as:<br />
Approved 3/7/13<br />
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ZBA Minutes January 3, 2013<br />
Alan M. Tsefrekas<br />
Nancy S. Droze-Tsefrekas<br />
2. The property is a 1.27-acre lot located in the Medium Density Residential (R2)<br />
Zoning District. The development is known as Pinewood Manor and has a<br />
Homeowner‟s Association.<br />
3. Currently Mr. Tsefrekas lives on the premises, Mrs. Trefrekas lives out-<strong>of</strong>-state.<br />
4. The Zoning Administrator was copied on a letter (attached) sent to Alan Tsefrekas<br />
from Brian Marcotte, Executive Vice-President <strong>of</strong> Pinewood Manor, Inc., dated<br />
September 26, 2012, requesting that the pigs be removed from the premises. The<br />
Zoning Administrator followed up with Mr. Marcotte, and was told that Mr.<br />
Tsefrekas informed him that the pigs were no longer on the premises. Mr.<br />
Marcotte provided the Zoning Administrator with the Association‟s Protective<br />
Covenants. (see attached)<br />
5. On 11/19/12, the police were called to the premises. Mrs. Tsefrekas was in<br />
<strong>Vermont</strong> to obtain some <strong>of</strong> her possessions.<br />
6. On 11/19/12, a voice message was left for the Zoning Administrator from Nancy<br />
Tsefrekas, stating that her husband has brought a woman into the house and she<br />
brought a massive amount <strong>of</strong> pigs onto the premises. Ms. Tsefrekas stated that<br />
she witnessed seeing “at least 20 or 30 breeding pigs.” The Zoning Administrator<br />
returned her call and Ms. Tseferkas reported that the tenant staying in the<br />
homestead had several alias, namely: Cheryl Gruber, Florence C. Gruber and is<br />
known in Arizona as Cheryl Whipple. Ms. Tsefrekas also complained that<br />
chickens were back on the premises.<br />
7. On 11/20/12, Lt. Douglas Babcock informed the Zoning Administrator that he<br />
observed “at least 30 pigs” living inside the premises at 8 Valleyview Drive and<br />
he provided her a copy <strong>of</strong> the incident report. The Zoning Administrator<br />
confirmed that the incident report was a public document however she only<br />
provided sections <strong>of</strong> the report that pertained to the pigs.<br />
8. On 11/20/12, the Zoning Administrator issued a Notice <strong>of</strong> Violation by 1 st class<br />
mail and certified mail. The certified mail card has not been returned to the<br />
Community Development Department. The Notice <strong>of</strong> Violation was issued<br />
pursuant to Article IV, Section 4.2 <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Essex</strong> Zoning Regulations,<br />
which does not allow for the raising or harboring <strong>of</strong> livestock unless the lot is a<br />
certain size and town approvals have been obtained. Several pigs were on the<br />
premises and living inside the dwelling.<br />
9. On 11/27/12, the Zoning Administrator received a voice message from Alan<br />
Tsefrekas informing her that he received the Notice <strong>of</strong> Violation regarding pigs<br />
being on his property. Mr. Tsefrekas reported that the pigs were pot-bellied pigs<br />
and considered domestic animals.<br />
10. On 11/27/12, the Zoning Administrator received a call from Susan Magidson <strong>of</strong><br />
Pig Placement located in Pennsylvania. Ms. Magidson informed the Zoning<br />
Administrator that she placed two <strong>of</strong> her pot-bellied pigs on the property in<br />
July/August, 2012. Ms. Magidson wants her two pigs back and stated that they<br />
could be identified as they had chips placed on them. Ms. Magidson was<br />
Approved 3/7/13<br />
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concerned for all <strong>of</strong> the pigs located on the premises and said that she is trying to<br />
reach out to Mr. Tsefrekas to help him place the pigs.<br />
11. On 11/28/12, Nancy Tsefrekas called to inform me that on 11/26/12 she witnessed<br />
Mr. Tsefrekas taking waste out <strong>of</strong> the house and dumping it onto the back <strong>of</strong> their<br />
lot which eventually leads to a ravine.<br />
12. On 11/28/12, Susan Magidson called the Zoning Administrator to inform her that<br />
she spoke with the tenant to report that a local vet was willing to neuter all the<br />
male pigs at no charge, however, the tenant needed to consult with Mr. Tsefreskas<br />
before agreeing to this arrangement.<br />
13. On 11/28/12, the Zoning Administrator phoned Mr. Tsefrekas. Mr. Tsefrekas<br />
said he was embarrassed by the situation – that the police came to his house and<br />
that all this would be documented in the <strong>Essex</strong> Reporter. Mr. Tsefrekas informed<br />
the Zoning Administrator that he planned to appeal the Notice <strong>of</strong> Violation on the<br />
basis <strong>of</strong> pot-bellied pigs being domestic animals. The Zoning Administrator<br />
explained the process and provided Mr. Tsefrekas with the <strong>Town</strong>‟s website<br />
address and instructed him on downloading the application form as well as<br />
referring him to the Zoning Regulations.<br />
14. On 11/29/12, Mr. Tsefrekas stopped in to pick up the appeal paperwork. The<br />
Zoning Administrator provided him the appeal form and a copy <strong>of</strong> Section 7.4,<br />
Appeals <strong>of</strong> the Zoning Regs. Mr. Tsefrekas informed the Zoning Administrator<br />
that his tenant owned most <strong>of</strong> the pigs and that she was selling them. The Zoning<br />
Administrator asked Mr. Tsefrekas if his tenant was using his name to sell the<br />
pigs. Mr. Tsefrekas replied that she was not.<br />
15. On 11/30/12, the Zoning Administrator downloaded materials from a website<br />
named CutiePigs.com. The literature shows that they are charging adoption fees<br />
for the pigs. The literature states, under „Market Values‟, the lowest cost range<br />
and high cost range for the pigs.<br />
16. On 12/3/12 & 12/31/12, the Zoning Administrator emailed the State <strong>of</strong> <strong>Vermont</strong><br />
Environmental Compliance & Enforcement Division advising them <strong>of</strong> the<br />
situation. In a reply email from Alayna Howard, she reported that the complaint<br />
was still “open”.<br />
17. On 12/6/12, an abutter called the Zoning Administrator to report that she has<br />
observed her neighbor dumping litter boxes down the gully. In addition, the<br />
caller reported that miscellaneous junk, including furniture has been placed<br />
outside in the front yard and it continues to grow in collection, and that she has<br />
seen about 6 or 7 chickens in the recent past but thought that a dog killed them.<br />
18. In an email dated 12/7/12, to the <strong>Vermont</strong> Agricultural Department from the<br />
Zoning Administrator, the question was posed if pot-bellied pigs were considered<br />
an agricultural animal. In a reply email on the same date, Abbey Willard, Local<br />
Foods Administrator, verified that pigs (including pot-bellied pigs) were defined<br />
as „swine‟ and considered an agricultural animal. (Copy attached.)<br />
19. On 12/10/12, the Zoning Administrator made telephone contact with Mr.<br />
Tsefrekas. The Zoning Administrator relayed the additional concerns <strong>of</strong> items in<br />
the front <strong>of</strong> the house; possible chickens on the site; and pig feces being dumped.<br />
On this telephone call Mr. Tsefrekas informed the Zoning Administrator <strong>of</strong> the<br />
following:<br />
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Approved 3/7/13<br />
He just returned from Court and was granted temporary custody <strong>of</strong><br />
the house and its belongings. The items on the front lawn<br />
belonged to his estranged wife however he planned to move them<br />
out <strong>of</strong> the front <strong>of</strong> the house and into a shed in the back <strong>of</strong> the<br />
house.<br />
He reported that he use to have chickens but there are no chickens<br />
on the premises today.<br />
He would clean up the area where litter box dumping occurred.<br />
He is trying to get the pigs adopted so that the situation will<br />
resolve itself.<br />
20. On 12/19/12, the Zoning Administrator reached out to Kathee Ludwig <strong>of</strong> Green<br />
Mountain Animal Defense. At this time, they were not sure what they could do,<br />
but <strong>of</strong>fered information if needed. See attached emails.<br />
21. On 12/20/12, the Zoning Administrator emailed the State Department <strong>of</strong> Fire &<br />
Safety notifying them <strong>of</strong> the situation and that the premise was being used as a<br />
rental property. In a reply email to the Zoning Administrator dated 12/20/12, Joe<br />
Benard, State Fire Marshall replied that they did not have jurisdiction because<br />
they were informed that the tenant was the landowner‟s girlfriend. (see attached<br />
emails)<br />
22. On 12/20/12, the Zoning Administrator reached out to Joann Nichols <strong>of</strong> the<br />
Chittenden County Human Society for any information or assistance that may be<br />
given. The Zoning Administrator was informed that inhumane conditions would<br />
need to be in place.<br />
23. On 12/21/12, the Zoning Administrator & <strong>Town</strong> Planner inspected the premises<br />
with Mr. Tsefrekas and Ms. Florence Gruber. Approximately 47 pigs (including<br />
piglets) were on the premises. Substantial clean-up was in the process. See<br />
attached pictures. There was no evidence <strong>of</strong> chickens on the site; the majority <strong>of</strong><br />
belongings outside <strong>of</strong> the front <strong>of</strong> the house had been removed and relocated to<br />
inside a shed in the backyard; an uninspected vehicle was observed; an RV that<br />
did not appear to be registered or inspected was on the site, however the owner is<br />
working on providing documentation on its registration. Ms. Gruber stated that<br />
some <strong>of</strong> the pigs on the premises were pregnant.<br />
24. On 12/26/12, on a follow-up telephone discussion with Joann Nichols (CC<br />
Human Society), the Zoning Administrator was informed that Ms. Nichols visited<br />
the site and determined that no inhumane conditions existed; that she was working<br />
with the tenant by placing an ad on the humane society face book page asking for<br />
help with food, neutering, fostering and adopting the pigs. Ms. Nichols stated that<br />
the Human Society did not have accommodations to take the pigs.<br />
25. On 1/3/13, the Zoning Administrator spoke via telephone with Susan Magidson<br />
(Pig Placement, Pennsylvania) and was advised that she is actively working with<br />
Ms. Gruber to place the pigs. The Zoning Administrator reported that Ms.<br />
Magidson advised her that she will continue to work with Ms. Gruber as long as<br />
Ms. Gruber continues with neutering and spading the animals.<br />
26. On 1/3/13, the Zoning Administrator spoke via telephone with Tammie Hartshorn<br />
<strong>of</strong> New Hampshire. She stated that she has found placement for all <strong>of</strong> the pigs in<br />
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New Hampshire. She stated that she could have them all removed from the<br />
premises by Monday, January 7, 2013. She followed up with an email.<br />
27. For the record, the Zoning Administrator listed the attachments that were<br />
provided to the Zoning Board.<br />
28. The Zoning Administrator advised the Board that the <strong>Town</strong> Attorney informed<br />
her that the Board could grant a reasonable amount <strong>of</strong> time to remove the pigs<br />
from the premises in a humane manner.<br />
29. Testimony was received from Mr. Tsefrekas and Ms. Gruber that described the<br />
circumstances on livestock versus pets.<br />
30. The landowner and tenant is in the process <strong>of</strong> having the pigs and piglets removed<br />
from the premises in an expedient and humanely manner.<br />
31. The Board heard testimony from numerous neighbors and Brian Marcotte,<br />
Executive Vice-President <strong>of</strong> Pinewood Manor, Inc., regarding the presence <strong>of</strong><br />
livestock on the property.<br />
CONDITIONS:<br />
1. By 12:01 a.m., January 22, 2013, all pigs and piglets must be removed from the<br />
premises.<br />
2. The Zoning Administrator shall inspect the premises on the morning <strong>of</strong> Tuesday,<br />
January, 22, 2013 to ensure that all the pigs and piglets have been removed.<br />
The MOTION passed 4-0-0.<br />
AGENDA ITEM 1: ELECTION <strong>OF</strong> <strong>OF</strong>FICERS:<br />
Edith Klimoski MOVED and Michael Plageman SECONDED a MOTION to<br />
approve Hubert Norton as Chair; Michael Plageman as Vice-Chair; and Edith<br />
Klimoski as Clerk. The MOTION passed 4-0-0.<br />
AGENDA ITEM 3: MINUTES (12-6-12)<br />
Edith Klimoski MOVED and Mitch Lefevre SECONDED a MOTION to approve<br />
the 12/6/12 minutes with the following changes:<br />
Line 40: Change “that what” to “then what.”<br />
Line 50: Change “was located” to “is located.”<br />
Line 52: Change “was a” to “is a.”<br />
Line 87: Change “as one-bedrooms” to “as a one-bedroom unit.”<br />
Line 118: Change “12‟ x 8‟” to “12‟ x 18‟.”<br />
Line 120: Change “Any” to “An.”<br />
Line 121: After “installed” add “on the westerly side <strong>of</strong> the parking lot.”<br />
The MOTION passed 4-0-0.<br />
AGENDA ITEM 4: Re-adoption <strong>of</strong> Operating Procedures:<br />
Approved 3/7/13<br />
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The Board instructed the Zoning Administrator to make some edits to the document so<br />
that it could be reviewed at its next meeting.<br />
The meeting adjourned at 8:55 p.m.<br />
_______________________________<br />
Hubert Norton, Chair<br />
Approved 3/7/13<br />
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