P&Z Approves Zoning Rules On Outdoor Woodburning Furnaces

 By Andrew Gorosko

Following discussion, Planning and Zoning Commission (P&Z) members have approved a set of zoning regulations on the use of outdoor woodburning furnaces.

Those rules took effect on February 14. The regulations basically formalize on the local level a set of state rules on the use of outdoor woodburning furnaces that the town has been enforcing in response to complaints stemming from the use of such devices, according to George Benson, town director of planning and land use.

As now defined by the town zoning regulations, outdoor woodburning furnaces are appliances located outdoors in which wood is burned to transfer or provide heat. Such devices may be used to heat the air in residences or provide heat for domestic water supplies, swimming pools, hot tubs, or whirlpool baths. Outdoor woodburning furnaces do not include fire pits, wood-fired barbecues, or chimineas, which are small outdoor fireplaces.

Town officials say they know of only a handful of outdoor woodburning furnaces that are in use locally.

Mr Benson told P&Z members at a February 3 session he believes that while the P&Z should enforce the zoning aspects of such furnaces, any air pollution issues that arise from their use should be handled by the town Health Department.

P&Z member Robert Mulholland said he is concerned about the negative effects of any air pollution caused by the use of the furnaces. The P&Z should consider such air pollution issues in cooperation with the Health Department, he said.

Air pollution is an issue more properly handled by the Health Department than by the P&Z, said P&Z Chairman Lilla Dean.

At a public hearing, which preceded the P&Z’s February 3 approval of the zoning regulations, resident Sebastian DeOliveira of 118 Currituck Road told P&Z members that regulators have inspected his outdoor woodburning furnace many times, adding that he has followed applicable federal, state, and local rules in its use.

At a January 6 P&Z public hearing on the furnace issue, resident William Thiessen of 103 Currituck Road complained to P&Z members that the furnace in use at 118 Currituck Road poses health problems for him due to woodsmoke air pollution which the furnace creates in the area.

Mr Thiessen told P&Z members that he started experiencing woodsmoke-based air pollution problems after state regulators had the furnace’s owner increase the height of its smokestack due to a complaint from another person.

Although he lives some distance away from the furnace, local topographic conditions result in a woodsmoke problem in the area, Mr Thiessen said.

In the summertime when the furnace is being used to heat a domestic water supply, Mr Thiessen said he needs to close the windows in his house to avoid smoke-related problems. The situation has caused health problems for him, he added.

“These furnaces are dead wrong, especially in an area like mine that’s in a valley,” Mr Thiessen told P&Z members in January.

On February 3, resident Richard Leifels of 8 Hedge Meadow Lane told P&Z members that although he lives near the outdoor furnace at 118 Currituck Road, the furnace’s use does not create problems for him.

Resident Denise Kopasz of 113 Currituck Road said that the furnace’s use does not create smoke problems for her.

However, Richard Creaturo of 332 South Main Street told P&Z members February 3 that an outdoor woodburning furnace that is in use near his Botsford home has caused woodsmoke problems for him, damaging his quality of life. Besides causing health problems, it has damaged his property’s value, he said.

Mr Creaturo said he wants such devices to be banned.

Mr Benson said state regulators are seeking to devise enforcement methods to address air pollution complaints stemming from the use of the outdoor woodburning furnaces.

A proposed state law would modify the existing state rules on the such furnaces’ use, he said February 16.

Regulations

The zoning regulations approved by the P&Z specify a set of rules for the furnaces’ legal operation.

The rules require that the devices meet the requirements of applicable state laws. Such a device must be located at least 200 feet away from the nearest residence which is not supplied with heat by the device.

The top of the chimney for the furnace must be higher than the roof peaks of the houses not served by the furnace that lie within 500 feet of the chimney, provided that the chimney is not more than 55 feet tall.

Only wood that has not been chemically treated may be burned in the furnace.

The installation and operation of the furnace must meet the manufacturer’s instructions, provided that the instructions do not conflict with the applicable zoning regulations.