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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 />

2


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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 />

Approved 3/7/13<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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