The politics of chickens in Geneva

September 20, 2010: The idea of an egg co-op is first suggested to the City of Geneva during a meeting with City Manager Matt Horn. Manager Horn expresses interest and requests a written description of the project.

September 21, 2010: In a letter to City Council and Manager Horn, the co-op concept is explained and includes the benefits of laying hens, the co-op's operating structure, and a proposal for it to be located on vacant land along Exchange Street. Manager Horn agrees to allow a presentation before City Council at the regular November meeting.

October 15, 2010: The egg co-op concept is presented to Roots & Shoots, a local organization promoting sustainability among schoolchildren. In a letter to parents, the co-op is described and supportive families are asked to attend the November City Council meeting.

October 21, 2010: The City of Geneva's Green Committee endorses the egg co-op concept following lively discussion at its monthly meeting. A letter is drafted which lays out the tenets supported by the Green Committee. The endorsement is circulated to City Council.

October 28, 2010: Roots & Shoots sends a letter to City Council in support of the egg co-op.

November 3, 2010: With the Roots & Shoots organization taking a lead role, the proposed egg co-op is presented to City Council. Council members unanimously voice their support.

November 15, 2010: City Manager Horn refers the egg co-op to the City Code Enforcement office for assessment of regulations that might pertain to operating the co-op along Exchange Street. Code Enforcement Officer Anthony Validzic responds with an assessment of the legality of siting a co-op in downtown Geneva. He also provides a city zoning map which he has highlighted to show where chickens can be legally kept. (The highlighted areas include 46/50 State Street, where the co-op now operates.)

December 23, 2010: The co-op addresses Code enforcement's issues in a letter. The letter receives no response.

February 2, 2011: At the regular City Council meeting (meeting minutes here), Councilor Hagerman requests direction for the egg co-op. City Manager Horn says that Council has to authorize him to execute a variance agreement because the City owns the property. After discussion, the City Manager asks Council to discuss the issue at the March meeting as a formal agenda item.

February 9, 2011: With approval of a downtown egg co-op looking possible, a public informational meeting is held for all those interested in taking part. More than fifty Geneva residents attend to learn about the "Good Egg Co-op," its original name. Following the meeting, all 14 weekly shifts are filled and a wait list is begun.

February 14, 2011: City Manager Matt Horn distributes a memo to City Council with an assessment of the egg co-op project proposed for Exchange Street. He concludes by recommending "that Council take no action at this time. The use itself is permitted in two significant zoning districts in the City; both of which will achieve the stated objectives."

March 2, 2011: The proposed egg co-op is brought before City Council for a vote to determine whether or not it will be allowed to operate on Exchange Street. To move forward, the City must repeal an existing ordinance prohibiting chickens in non-industrial and non-agricultural zones. Following lengthy discussion, Council votes 5-4 in opposition to the Code change, but encourages continued investigation within the city for areas where ordinance allows it (meeting minutes here). Those in opposition: Mayor Einstein, Councilor Greco, Councilor D'Amico, Councilor Alcock, and Councilor Valentino. Those in favor: Councilor Augustine, Councilor Hagerman, Councilor O'Malley, and Councilor Cosentino.

Though voting in opposition, Mayor Einstein, Councilor Greco, Councilor D'Amico, Councilor Valentino, and City Attorney David Foster endorse the project but encourage it to be located elsewhere in the city (i.e. not downtown). Thus, Councilor Alcock is the only Councilor opposed to all facets of the project. His reason: he once worked on an industrial chicken farm and doesn't believe it belongs in the city.

During the Public Comment period at the beginning of the meeting, co-op proponent Jeff Henderson addresses Council with a statement.

May 16, 2011: Gillian Meade, a senior at Hobart & William Smith Colleges, presents a business plan and poster detailing her research into the economic feasibility of an egg co-op. She receives an A and graduates with honors.

November 7, 2012: Four months after being suggested, an updated chicken-keeping ordinance is brought before City Council (meeting minutes here). Councilor Augustine submitted the proposal through the City's Innovation Hub, after which it was vetted by City staff, receiving unanimous support from City Manager Horn, City Attorney David Foster, Code Officer Dirk Davies, Collette Barnard, and Sage Gerling. The County Health Department officially states that there are no public health risks. The Planning Board endorses the proposal on October 16.

Despite full endorsement from City staff and a plan to introduce chicken-keeping as a one-year pilot, Council defeats the ordinance change. Few reasons are given for the opposition. Those voting against: Councilor Greco, Councilor D'Amico, Councilor DiCostanzo, Councilor Martino, Mayor Alcock. Those in favor: Councilor Augustine, Councilor Camera, Councilor Hagerman, Councilor Valentino.

May 15, 2013: Jeff Henderson purchases 46/50 State Street from the City of Geneva at auction for $1,250, the only bid placed. The land is purchased expressly for a future egg co-op, as it is zoned Industrial (where chicken-keeping is allowed as of right).

May 23, 2014: The City issues a Building Permit for a storage shed and fencing to be erected on State Street. City staff indicate that additional structures can be included on the same building permit application and encourage an amended application to be filed which includes the full plan for the site. The next day an amended application is filed which adds a chicken coop, solar panels, and underground water storage tank.

June 23, 2014: The City of Geneva decides to require more than a Building Permit application for the site elements. A detailed Site Plan, Special Use Permit, and Environmental Review (SEQR) are required, along with an appearance before both the Planning Board and Zoning Board of Appeals in July.

July 21, 2014: The complete project (chickens, solar panels, water storage, etc) is presented to the City of Geneva Planning Board. Planning Board members spend four hours examining the project, and residents have the chance to express their views. The Planning Board approves the project by a 9-0 vote.

As part of this approval, the Planning Board completes and files a SEQR Short Environmental Assessment Form Parts 2 and 3, determining that "the proposed action does not result in any significant environmental impacts." Question 1 on Part 2 of the form asks, "Will the proposed action create a material conflict with an adopted land use plan or zoning regulations?" to which the Planning Board, in consultation with the Director of Code Enforcement, attests "no."

July 22, 2014: The application to the Zoning Board of Appeals is withdrawn by the City, which states that no variance is required. The ZBA meeting is cancelled, as there are no items left on the agenda.

August 6, 2014: A small number of City residents complains to City Council about chickens being present on the State Street property in the form of a petition signed by eleven individuals. Following the Council meeting, non-public discussion amongst Councilors and the City Attorney ensues seeking ways "to stop the chicken project." Councilor Martino directs City staff to sue the Planning Board by filing an Article 78, but does not have enough support from other Councilors for the action to proceed. Other Councilors begin looking for other issues.

August 7, 2014: A code enforcement officer for the City visits the site with property owner Jeff Henderson and Ryan Wallace of QwikSolar to learn more about the solar installation. The officer expresses approval of the shed and the coop and asks some questions about the solar.

August 14, 2014: The Director of Code Enforcement visits the co-op site on State Street and does not find the project out of compliance with the Site Plan approved by the Planning Board. The visit is not announced in advance and no mention is made of the visit to the property owner until October 6, via subpoena.

August 18, 2014: City Code Enforcement issues a revised Building Permit which approves solar panels and an underground water storage tank. No Building Permit is required for the coop.

August 20, 2014: The City of Geneva sends a letter requesting a "delay" to the project, a relocation of the hens to a different site, and no further activity until the City can bring it before the Zoning Board of Appeals. Despite approval having been granted in the forms of a Building Permit, Special Use Permit, and unanimous vote of the Planning Board, the Director of Code Enforcement states that a 100-foot "buffer strip" may be required between the site (zoned Industrial) and adjacent parcels (zoned Residential) to the east and to the west. The site is only 163 feet wide.

August 21, 2014: Geneva Peeps founder Jeff Henderson responds with a letter stating that activities at the co-op will not halt because approval had been granted and permission to proceed was given.

September 3, 2014: The City of Geneva again sends a letter requesting a halt to the project. Director of Code Enforcement Neal Braman asserts that "the Planning Board's approval is incomplete without review by the Zoning Board, and grant of an area variance to the project" [sic] and encloses a blank application to the Zoning Board of Appeals. However, application cannot be made because official notice of non-compliance with City Code has not been put forth. According to City Code Chapter 350-50, the lawful mechanism for doing this is a stop order.

September 12, 2014: Jeff Henderson responds with a letter to City Council, the mayor, and City staff indicating that the request to go before the Zoning Board is procedurally flawed and unlawful. The City Attorney directs Council to not respond to the letter, stating that he will do so himself. No response is ever sent.

October 6, 2014: City Police serve Mr. Henderson a "Show Cause Order" to appear in Geneva City Court on Thursday, Oct. 9 at 12:15pm. He is asked to demonstrate why an appearance before the Zoning Board of Appeals for an area variance should not be required. The Order demands the removal of chickens from the site and stoppage of power generation from the solar panels (although they are not yet functional).

In the subpoena, the Director of Code Enforcement reveals that he visited the site on August 14 and found the project "being developed in a manner that violates Zoning Chapter 350-26." This chapter requires, among other things, a 100-foot "buffer strip" between Residential and Industrial zones.

October 8, 2014: In response to an incomplete timeline compiled by the City Attorney as part of the Show Cause Order, Mr. Henderson files a Reply Affirmation describing an accurate and complete timeline.

The same day, a letter is sent to the Code Enforcement Officer, Mr. Braman, appealing the determinations of the Show Cause Order and requesting a hearing before the Zoning Board of Appeals, as allowed by General City Law Section 81(a)(6). City Attorney David Foster is copied on the letter.

October 9, 2014: Judge Aronson hears arguments in Geneva City Court in regards to the Show Cause Order filed by City Attorney David Foster. The Defendant, Jeff Henderson, requests a stay of operations on State Street and further appeal to the Zoning Board of Appeals for all determinations made in the Show Cause Order.

November 5, 2014: More than a dozen supporters, and no opponents, of the egg co-op address City Council during the regular monthly meeting. Discussion ensues during Councilor reports, though the public is not allowed to speak. Councilor Greco states, "I got no problem with the solar. But I'm opposed to the chickens." City Manager Horn promises a presentation at the December Council meeting in which he will describe the timeline and procedures the City has followed.

November 21, 2014: Judge Aronson rules that a hearing must be held before the Zoning Board of Appeals to determine whether the City has the right to rescind its previous determination that a zoning variance is not required. He "stays" operation of the co-op, allowing it to continue until the hearing.

December 3, 2014: City Manager Matt Horn gives a presentation at the regular City Council meeting describing the City's version of events as they relate to the co-op. City Attorney David Foster reveals that the judge has ruled on the October 9 Show Cause Order, but does not describe the decision. Later during the meeting, Councilor Martino reports he is "warming to the idea of the chickens" after a recent site visit, but that it's now the solar panels he doesn't like.

April 28, 2015: By a vote of 5-1, the Zoning Board of Appeals approves an area variance for the parcel, which finally provides the egg co-op full permission to proceed. The variance comes with three conditions: that the use of the land not change, that the west side of the property is shielded from Mrs. Bruno's view through the use of "nice looking vegetation," and that the southeastern corner is shielded from Mr. Wood's view of the solar panels by a fruit tree.