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06/22/2021 03:07 PMThe Board of Selectmen (BOS) scheduled a public hearing for Tuesday, July 6 to modify an ordinance related to feeding and sheltering wild animals, an obscure rule that became a central issue in an ongoing Planning & Zoning Commision (PZC) case concerning a popular wildlife rehabilitator.
Taking place the day before the PZC is going to consider that application, which revolves around a local woman who cares for abandoned or injured animals in facilities at her Old Whitfield Street home, the change is intended to remove a barrier and potential conflict between land use decisions and BOS authority, which was an unintended consequence of the ordinance.
“It’s rather broad, and it’s being discussed now in the context of applying it to a land use situation, which I don’t think it was ever really intended for,” said Town Counsel Pete Barrett.
Currently, the ordinance says simply that “No person shall feed, harbor or shelter raccoons, feral cats, foxes, and coyotes within the Town of Guilford.” The revision makes a specific exception for someone whose facility is licensed by “and in good standing” with the state, as well as in compliance with both state and town codes, regulations, and guidelines.
It also adopts a hearing process to contest any citation issued under the ordinance.
First Selectman Matt Hoey said the ordinance came to his attention following the PZC case as the wildlife rehabilitator, Eunice DeMond, seeks an official zoning approval for her operation. DeMond has been licensed by the state for at least seven years, but was issued a cease and desist order early this year following a complaint from a neighbor, having no previous zoning approvals in Guilford.
A lawyer for that neighbor has cited the ordinance in arguing that DeMond’s operation should not be allowed. At the same time, a wide swath of people have come out in support of DeMond, saying her work is important as she nurses injured or abandoned raccoons, squirrels, and other small animals back to health.
Hoey said the intention is that the town “preserves” the parts of the ordinance that were intended to protect public safety when it was adopted in 1991, namely, preventing exposure to rabies. But it will also allow decisions by land use boards like the PZC to rule on specific cases that are centered on land use issues, preventing a situation where something like DeMond’s operation is permitted by one board but disallowed by the BOS.
“There may be other zoning issues [around DeMond’s property]...but that’s really for the PZC,” he said.
Barrett said that the potential ordinance changes had already been reviewed by other legal counsel, including land use attorneys.
Apart from the conflict arising around DeMond’s application, Barrett said the ordinance in its current form was already problematic as it also allows the town health director to unilaterally add new species to the list of animals residents are not allowed to shelter, without any sort of BOS involvement or public hearing process.
That language is removed in the proposed ordinance, the health director is still in charge of citations and warnings.
The public hearing is scheduled for 8:30 a.m. on July 6, and will be in a hybrid format, with people allowed to attend in person or virtually. The PZC will also host a public hearing on DeMond’s application the next day, July 7, at 7:30 p.m.
The PZC meeting will take place in-person at the Community Center. It was not immediately clear if there would be a virtual component to that meeting.