FITCHBURG — Joseph Smeraldi, a city resident, has a bit of a chicken problem — though he doesn’t see it that way.
Last summer, a chicken ran into his yard after escaping a neighbor’s home. A local resident told him it was brought home to make soup, but it had escaped.
After disappearing from his yard two days later and being picked up by animal control, Smeraldi offered to take the chicken in.
Smeraldi, an attorney, later bought a coop for his new friend and named the chicken Dr. Penelope Pepper — or D.R. Double P.
“She was likely retired from a large farm,” he said. “Her beak is trimmed so far back that she has trouble picking food off the ground (…) I let her eat from the palm of my hand daily to ensure she is eating enough.”
The story doesn’t end there, however, and in August, a different resident decided to drop off two more chickens — later named Chic and Ken.
“Chickens are social animals and should not be kept alone,” Smeraldi said.
Then again in September, a resident came to him with another feathery companion– which came to be known as Professor Polly — that was going to be killed at a nearby farm.
When he first got Polly, she walked with a limp and appeared to have been attacked by other chickens. Over the past few months, he and Polly formed a bond and she can often be seen on his shoulder.
Smeraldi thanked the man but asked him to spread the word that he couldn’t take in any more animals.
On Monday, however, someone walked by his property and dropped a live chicken over his fence again. The chicken has been named Stephanie T. DiNatale, referencing the Mayor Stephen DiNatale.
Now with a flock of five, Smeraldi said he loves the animals and is happy Dr. Penelope Pepper started the trend by wandering into his yard a year ago.
But while Smeraldi’s family grew, the city was made aware of the chickens on his property.
In February, the Building Commission issued a citation stating that chickens were not allowed on the property because it was zoned for residential use and not for agriculture.
Smeraldi was ordered to remove all non-domesticated animals from his property within 14 days of the violation; and on Feb. 26, he was fined $100 for failing to remove the animals.
It should be noted that the fine was waived by the Building Commission after he applied to the Zoning Board of Appeals.
The notice of violation states the property doesn’t meet the specified land requirements of five acres to have farm animals and that chickens are not domestic animals.
Building Commissioner Mark Barbadoro said raising livestock would be considered agriculture and chickens are considered livestock by the state and city code.
“We’re not taking the position that a livestock animal cannot be considered a pet,” Barbadoro said. “What we are doing is applying the rules because, to an outsider, a chicken coop is a chicken coop.”
Barbadoro said the city receives a “prolific” number of complaints about chickens in the city each year.
“Chickens smell, they can be loud, and they increase the rodent population,” he said. “They can be a nuisance in small lots, so we’re just trying to strike a balance.”
Agriculture is defined by city ordinance as, “cultivating and harvesting general crops including the storage of necessary farm equipment on parcels of less than five acres and raising of livestock if on parcels of more than five acres, but not including animal feedlots.”
Livestock, according to city code, includes the keeping and raising of poultry.
Smeraldi argues he’s not violating the city ordinance because his property isn’t used primarily for cultivation or raising livestock.
In his letter to the Zoning Board, Smiraldi said that his home was not an agricultural setting and his chickens are not raised for commercial purposes.
Smeraldi also argued that the animals — Dr. Penelope Pepper, Chic, Ken, Professor Polly, and Stephanie T. DiNatale — are his pets and are allowed under the ordinance.
“My chickens are kept near the household and they are kept for companionship and/or enjoyment,” he wrote.
Smeraldi argued that his chickens were no different than his two short hair cats Pepsi and Tweeters, adding that Professor Polly has learned to use the cat door and sits with him in his office like a cat.
Barbadoro said he understands the chickens are viewed as pets, but residents who want to keep them as such need to apply for a special permit.
“If you get it, you can keep your chickens and everyone is happy,” he said.
After speaking with his abutting neighbors, Smiraldi said they were all supportive and none have expressed concern.
“I have received nothing but enthusiasm since their arrival,” he said. “More importantly the presence of the chicken has created a new bond in this neighborhood among local residents.”
Smeraldi goes before the Zoning Board of Appeals at 7 p.m. on Tuesday in search of that permit.
