| 12/31/2007 |
| Town regulates outdoor wood-fueled furnaces |
| By Matthew Renda , Special to the Freeman |
HYDE PARK - The Town Board has passed a local law strictly regulating the use of outdoor wood-burning stoves.
Officials say the furnaces can be a nuisance to neighbors due to smoke emission. While acknowledging the heating systems can be a viable and cheap alternative to burning fuel, Supervisor Pompey Delafield said that the cumulative effect of several furnaces in town neighborhoods could compromise air quality.
"Right now, the number of furnaces in town has not been a problem, but we want to be proactive and make sure it does not become a problem," Delafield said during the meeting.
Pat O'Hagan, an owner of an outdoor furnace, urged the board not to adopt the resolution.
"There has not been a discernible presence of people against outdoor furnaces," said O'Hagan. "All the meetings I have been to, the people who have attended have been in favor of them. Don't pass a law just because other communities are doing it."
Councilman Richard Perkins emphasized the resolution was not an outright ban on outdoor furnaces, but was designed to institute strict regulations to ensure the number of furnaces does not exceed a desirable amount.
"You will still be permitted to use (the furnaces)," Perkins told those in attendance. "Those who currently own and operate furnaces are grandfathered in."
Resident David Lomasney, a mechanical engineer by trade, continued to advocate the furnaces even after he learned of the grandfather clause. He asserted that wood is a renewable resource and wood-burning furnaces were an environmentally responsible alternative to heating homes with fuel.
"Alternative energy uses are of extreme interest to me," he said. "I disagree with the characterization of these devices as spewing smoke and smog producers. They emit the same volume of smoke as indoor furnaces."
Delafield countered by saying indoor furnaces have the smoke rise through a tall chimney, ensuring the emission will not be an annoyance to neighbors.
Councilman Robert Linville further explained the resolution stipulated the height of the chimneys that are to be built in accordance with outdoor furnaces.
Other regulations forbid furnace operation from May 15 through Oct. 15; no fuel other than wood is allowed; the devices are to be built at least 300 feet from all property lines, and all furnaces must be equipped with a spark arrester.
Those who currently operate wood-burning furnaces are asked to obtain a permit at town hall so officials will not penalize current owners in the future.
Violation of the law will result in a $250 fine.
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Reported by: Jeff Stone
Email: JStone@WETMTV.com
Last Update: 12/28/2007 12:02 am
An outdoor wood stove is blamed for a fire that destroyed a home in Van Etten earlier this month.
Chemung County Emergency Management Director, Mike Smith, says a stove next to the house caught some siding on fire. The flames quickly spread and destroyed the home on Wyncoop Creek Road December 18th.
Two people inside were able to get out, thanks to a passerby who helped them out of the house.
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N.S. Council may put hold on outdoor furnaces
By:JOSEPH FITZGERALD
NORTH SMITHFIELD - Time may be running out for North Smithfield homeowners who are considering installing outdoor wood burning furnaces to help with rising energy costs.
A private nuisance case between two Pound Hill Road neighbors over one of the
neighbor's use of an outdoor wood burning furnace has prompted the Town Council to consider placing a moratorium on any new furnace installation until the town can study the effects of the devices and draft local regulations that could either set strict regulations or ban the stoves altogether.
At its meeting Monday night, the council voted 3 to 2 to hire an expert consultant to provide scientific data to the council and help the town craft a local ordinance and determine whether or not it should move forward on a moratorium in the meantime.
The local case in question involves resident Keith Klockars of 676 Pound Hill Road, who has been operating an outside wood boiler manufactured by Minnasota-based Central Boiler, Inc. Klockars' neighbor, John Wilbur, who lives 200 from Klockars' house, has complained to town officials about constant clouds of thick smoke he says has made it impossible for his family to enjoy their backyard.
An outdoor wood furnace resembles a small utility building that sits outdoors and contains a wood fired, water-jacketed stove. The hot water is circulated through underground pipes to the inside of the house, where they are hooked to a heat exchanger in the majority of cases. In some cases, they can be directly plumbed to the hot water heater or tied in with an existing floor heating system or boiler.
Proponents say outdoor wood furnaces are simple, clean and efficient. Instead of moving the wood and corresponding mess and bugs indoors, the wood burning furnace is outdoors next to the wood. Indoor air pollution is also cut to zero by moving the fire and smoke outside. Users typically load it once at night and once in the morning.
Opponents point to the fact that wood burning furnaces cause dense smoke that
impacts neighbors by creating a nuisance and health problems. Most units come
equipped with very short stacks and the smoke from these low stacks disperses
poorly.
The problem, according to Stacey McFadden, a senior environmental engineer with LFR Environmental Management and Consulting, is that the U.S. Environmental Protection Agency recommends emissions and air quality standards, but does not regulate where and when the wood-fired burners can be installed or used. A growing number of communities nationwide, McFadden told the council Monday, are setting their own rules on the increasingly popular wood boilers, which are not federally regulated.
Some states, including Connecticut and Maine, have regulations and let their
municipalities adopt even stricter limits or ban the boilers altogether, she said. Massachusetts has considered statewide rules but has not enacted them.
McFadden's firm was hired by Wilbur to sample the smoke enveloping his property. The sampling was conducted on Dec. 1-2 and determined that the concentrations of particulate matter (gases and particles) were in excess of national ambient air quality standards.
Klockars challenged the results, saying when he was given a copy of the test results by Wilbur he sent them to the manufacturer of his boiler, whiuch in turn sent them to Tech Environmental, which questioned the accuracy of the LFR sampling.
"No one is pointing the finger at anyone," Councilwoman Linda B. Thibault told the parties involved. "We're just looking for information. We've been getting complaints about this issue for two years and we need to know more."
Councilman Paul L. LeClerc said he visited Wilbur's property recently and couldn't believe the amount of smoke impacting the property. "You could barely see his house," he said. "Seeing that house covered with smoke scared the hell out of me."
LeClerc said it was he who suggested that Wilbur hire a firm to test the air.
LeClerc made the motion Monday night to implement a moratorium on new outdoor wood furnaces affective immediately, but Town Solicitor Mark C. Hadden advised the council to first hire a consultant.
As for the problems between Klockars and Wilbur, both men are trying to deal with the issue as neighbors. "On Dec. 3 I got a call from Mr. Wilbur saying he was bothered by the boiler," Klockars told the council. "We met on Dec. 5 to talk about a few things like raising the stack higher and putting in a draft."
Klockars says he's willing to volunteer his furnace for any future objective
scientific testing. "If you're going to ban them you have to find out what they're doing to the environment first."
Wilbur described Klockars as a "good neighbor," but said the reality is that neither he nor his children can go outside because of the smoke. "It's not simply an issue of burning wood. It's a matter of life and death."
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STRATHAM, NH — Residents in the Elton Avenue neighborhood expressed concern to the Board of Selectmen on Monday night about a resident's outdoor wood-burning furnace.
The furnace is not near anyone's house, but concern over the amount of smoke emitted from it was voiced. The neighbors contend that the furnace is a nuisance per the nuisance clause in the town ordinance. Selectmen questioned the frequency of use and how it differs from a woodstove. No town official has seen it smoking.
Selectman David Short suggested that individuals with complaints contact the town when it is actually smoking or the next time it approaches a level of blanketing the neighborhood.
Town Administrator Paul Deschaine suggested if it is over the weekend, call police dispatch so the complaint is on record.
Full Article: CLICK HERE
By Don Jovich
Record-Courier staff writer
GARRETTSVILLE -- Village Council voted Wednesday to ban the use of any exterior furnaces within the village.
The village planning commission had recommended the ban. "The planning commission felt the operation of these units are a nuisance," Solicitor Mark Manlove said.
Councilman Jeff Kaiser said other communities are having problems with people burning anything from tires to trash in the outdoor furnaces.
"It's a problem," he said. "In the communities they are allowed there are many restrictions."
The use of outdoor wood boilers, exterior solid fuel heating devices, outdoor wood-fire furnaces and outdoor wood burning furnaces are now strictly prohibited.
Fines for those found in violation of the ordinance go up to $500 per day of operation and up to 60 days in jail for the offender.
Resident Rick Layer, who purchased a Central Boiler exterior furnace for $14,000 and installed it in August, said he was unaware of any attempts to ban burning devices.
He said his furnace does not affect his neighbors.
Council President Robert Matson supported banning the devices.
"We can't put the whole village at risk to accommodate you (Layer)," he told Layer.
Councilwoman Karen Clyde said more and more states are banning the burning devices.
"We're not worried about somebody using it right, we're concerned with someone using it wrong," Mayor Craig Moser said.
Another resident thanked council for banning the outdoor furnaces. "We'll breathe easier in this town," she said.
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12/9/2007
Southbury homeowner treated for smoke inhalation
SOUTHBURY -- A homeowner suffered throat burns from smoke inhalation while fighting a fire in his garage after an ash bucket began to burn Friday, according to fire officials.
Ray Huntley Jr., 44, returned to his Riverhill Road home with his family shortly after 8 p.m. and smelled smoke in the house, officials said. A plastic container with ashes had melted, igniting a nearby scooter, some drywall and a wood frame around a stairway in the garage, officials said.
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Complaints over wood-fired burner prompt ordinance in Smithfield
By Beth Brelje/Pocono Record Writer
When it comes to water, some like it hot.
But Smithfield Township residents will need to think twice before installing an outdoor wood-fired burner
for heating water or homes.
A new ordinance severely restricts the conditions in which an outdoor wood-fired burner may be used.
The ordinance change comes after a disagreement between Smithfield neighbors Robert McLaughlin
and Robert and Ilona Harrison on Kings Pond Road.
In 2005, McLaughlin placed a burner on his 3.3-acre property, just 12 feet from the property line and 94
feet from the Harrison's bedroom window.
At the time of the $10,000 installation, McLaughlin's project adhered to Smithfield's building codes.
But when he fired the burner up in November 2005 for year-round, 24/7 operation, the intense smoke
created health problems for Ilona Harrison, who suffers form asthma.
"I had a pain in my lungs when I took deep breath," she said.
Smoke stung the Harrison's eyes, forced their windows shut and still permeated inside, stinking up
their drapes and clothes.
"We were prisoners in our own house, but we were not even free here because of the smoke. It was
a terrible risk to our health," Robert Harrison said.
Now well versed on the issue, he mentions a study from Connecticut researches that states smoke
particles from this type of burner constitute both a substantial cancer and non-cancer risk.
Two other neighbors joined the attempt to shut down McLaughlin's burner.
The Harrisons hired attorney Jeff Durney, who sought help from Smithfield's zoning officer and next,
the zoning hearing board.
Durney cited an ordinance that states you can't use your property to cause injury, annoyance or disturbance,
and another covering noxious or objectionable smoke.
In May 2007, the zoning hearing board deemed the burner a violation, and ordered it shut down.
The board could fine McLaughlin up to $500 a day if he burns again.
McLaughlin has appealed the decision.
"Many people have asked me, why am I the only one the township is shutting down? Why am I being
singled out?" McLaughlin asked.
He said Central Boiler, the company that made the stove, had tests done by the EPA.
The stoves passed air quality particulate tests and all EPA regulations. According to McLaughlin, the tests
showed the stove is cleaner than a barbecue grill and an indoor fireplace.
But no tests were done locally.
"There were no air quality tests done in the area of my stove whatsoever by the township or the Harrisons,"
McLaughlin said.
McLaughlin said the township changed the ordinance based on opinion rather than fact.
The ordinance had language that mentioned air quality.
That same issue is raising protests over the proposed concrete batch plant in the same area of the township.
McLaughlin said the Harrisons have been vocal opponents of the concrete batch plant.
"It almost sounds like the Harrisons are using Smithfield Township as a sword in an air-quality fight,"
McLaughlin said.
"Today it's my wood furnace; tomorrow it's your wood stove, or how about the campground?" he said.
Clearing the air: The new Smithfield ordinance regulating outdoor burning requires:
The boiler must be on a minimum five-acre lot
Must be set back no less than 150 feet from the property line
Must be at least 300 feet away from an occupied structure on another property
May only burn clean wood
Shall not be operated before Oct. 1 or after April 30 of each year
The emissions from the outdoor wood-fired burner shall not be detectable beyond the lot on which it is located
Owners are required to get an annual permit for operation
Full Article: CLICK HERE
Outdoor furnaces at issue in Germany
Evening Sun
Article Launched: 09/19/2007 09:48:18 AM EDT
The Germany Township supervisors are still working on an ordinance that would regulate installation and operation of residents' outdoor solid fuel-burning furnaces.
Supervisor Richard Valko said last week he recently obtained a sample ordinance the township will use to help finalize their own regulations, which were tabled by the board in August following criticism from residents. Valko said the board saw the sample ordinance for the first time at the monthly meeting last week.
The furnaces, loosely defined as any outdoor apparatus used primarily for combustion of fuel to produce heat for energy, have drawn complaints from several residents in recent months for the smoke they emit onto neighboring properties.
At the August supervisors' meeting, several people spoke of their neighbors' burning furnaces impeding their quality of life. Residents complained of foul-smelling smoke drifting onto their properties that, at times, made breathing difficult for those with respiratory conditions such as asthma.
The supervisors then discussed regulations that would ban furnaces within 50 feet of property lines, and would set a minimum chimney height requirement of 20 feet. The board also wants to regulate what residents can burn in their furnaces by banning treated wood, garbage, recyclables and other materials.
But some residents have criticized the board, saying there are only four of the furnaces throughout the township and an ordinance isn't necessary. And one resident even challenged his neighbors to prove he was burning anything other than untreated wood.
Several of those residents were at last weeks supervisors meeting, but the only discussion came when Valko mentioned the sample ordinance. Valko also said he talked to a furnace supplier who recommended ways to stack wood inside devices to reduce smoke emissions.
It is unknown if the proposed furnace regulations will be on the agenda for the supervisors' next monthly meeting, scheduled Oct. 8 at 6 p.m.
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Cornwall Proposes Ban on Boilers
The Patriot-News, 09/12/07 12:09 AM EDT
CORNWALL
Rather than restricting the use of outdoor wood boilers, the borough council voted unanimously Monday to draft an outright ban on the devices.
The council had been preparing to adopt an ordinance that would have restricted the boilers, which burn wood to heat water for home heating and hot water. It had temporarily banned the boilers after complaints from neighbors about smoke from one on Pine Street.
While preparing new regulations, the council asked attorney Paula Leicht to also look into whether it could pass a permanent ban. Leicht said she believes the borough has the authority to bar the boilers on the basis of regulating air quality.
She said a ban would be similar to an outdoor burn ordinance.
Council members said enforcing restrictions could be difficult. "It comes down to an enforcement nightmare," Councilwoman Wendy Hanford said.
The proposed ordinance, which was not acted on, would have established escalating restrictions on the boilers, including limits on their proximity to neighboring properties. If a ban is adopted, the borough could set a timetable for their removal, Leicht said.
Councilman Paul Vranesic asked if a ban would interfere with consumer rights.
"That’s what zoning does. You can’t do just anything with your property," Leicht responded.
A proposed ordinance banning the boilers could be ready for review by the council in October, and a public hearing will be required.
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Augusta: Wood Boiler Debate Heats Up
Friday, August 17, 2007 - Bangor Daily News
AUGUSTA, Maine - Owners and dealers of outdoor wood-fired boilers squared off against critics of the furnaces on Thursday as state environmental regulators began considering the first statewide regulations on the increasingly popular home heating devices.
More than 50 people attended a public hearing held by the Maine Board of Environmental Protection on proposed rules that would establish emissions caps, mandatory setbacks and other restrictions for new outdoor wood boilers.
Ron Severance with the Department of Environmental Protection’s Bureau of Air Quality attempted to make it clear upfront that the proposed rules are not meant to ban the use of wood as a fuel source in Maine.
Severance said that while the 50 complaints his agency has received represent a tiny fraction of the estimated 3,500 outdoor wood furnaces in Maine, he said neighborly disputes will only increase as more people seek cheaper alternatives to fossil fuel heat.
Beth Thomas of Bowdoinham was one of several people who testified that smoke from their neighbors’ furnaces was taking a toll on their health and quality of life.
Thomas said she turned to town officials, the DEP, Gov. John Baldacci and federal officials for help but got nowhere.
Relations with her neighbor have deteriorated to the point that the two sides are in court. Meanwhile, Thomas said her family has opted to move rather than live with what she described as the heavy, creosote-smelling smoke.
"I have been called courageous for speaking out. If I appear courageous, it’s only because of the stunning lack of leadership" from government officials, she said. "We have lost everything. … We have lost our home, our community."
The rule-making proposal pending before the board would regulate new outdoor wood boilers in several phases.
Beginning in April 2008, dealers would be prohibited from selling boilers that emit more than 0.6 pounds of particulate matter per million British thermal units, or Btu, contained in the wood fuel.
Some dealers have already pledged to produce furnaces meeting those standards under a voluntary federal program.
The emissions level would drop to 0.32 pounds of particulate matter, or soot, per million Btu two years later.
The proposed rules would also require at least a 100-foot setback from the nearest property line for boilers meeting the 0.6 standard. They would also impose a minimum smokestack height of 10 feet, or 2 feet higher than the peak height of nearby neighbor’s roof.
Current wood boiler owners would not be subject to the new emissions or setback requirements but could face new nuisance regulations. The rules would also prohibit burning of anything but clean untreated and unpainted wood, wood pellets made from clean wood or other approved fuels.
Richard Emmons, who owns a wood furnace dealership in Lyman, told the board that a better solution was a voluntary manufacturer program combined with mandatory inspection of any newly installed boiler.
"It still needs to be put in properly and a little consideration needs to be given on location," he said.
At one point, the board got a taste of how complicated the issue can be when two neighbors offered their sides of a dispute that has been going on for nearly two years.
Jane Barron claimed that a wood boiler just 23 feet from her house in Kingfield has severely aggravated her asthma and led to a lengthy bout with pneumonia.
Claiming she feels like the proverbial canary in a coal mine, Barron urged the board to help her and others by enacting rules to protect the public health.
"You talk about people investing in these stoves. I’ve invested in my house. I run a business out of my house," Barron said.
Moments later, however, the neighbor said her family has gone out of its way to address Barron’s concerns, including erecting a smokestack that now stands more than 40 feet high. Beth Ann Luce said opacity tests on her family’s boiler have also come back below the nuisance levels.
"Be very careful … when you make your rules because there are families like ours who do care about other people and do try to address" their concerns, Luce said.
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AUGUSTA — Beth Thomas' neighbor installed an outdoor
wood boiler a little more than a year ago.
Last month, unable to cope with the fumes any longer, Thomas
moved out of her Bowdoinham home and put it up for sale.
"It cost me everything to speak out," Thomas told members of
the state's Board of Environmental Protection during a hearing
on proposed rules to control emissions from outdoor wood
boilers. "We've lost our home. We've lost our community."
Roughly 100 people gathered at the Augusta Civic Center for a
public hearing Thursday on a proposed set of guidelines that
govern emissions, establish setbacks and give the Department
of Environmental Protection rules for identifying nuisance
boilers.
An outdoor wood boiler burns wood to heat water, which is
piped underground to heat a building. A boiler resembles a
small shed, with a smokestack, and stands alone outside. An
average residential boiler tends to produce less than 1 million
Btu per hour.
The boilers, which are not subject to Environmental Protection
Agency regulations for traditional indoor wood stoves, are
designed to smolder to save fuel and typically have smoke
stacks no more than 10 feet tall. Consequently, they can
produce heavy smoke and release it near the ground.
Though designed for dry wood, some owners burn green wood,
and there have even been reports of people burning trash and
other debris in violation of state laws.
"We believe that adopting strong rules that regulate outdoor
wood boiler sales and establishing a process for relief from
problem boilers is a vital step in improving air quality and
protecting the health of those residents of today and the future
who find themselves living, working or going to school near an
outdoor wood boiler," said Edward Miller, executive director of
the American Lung Association of Maine.
Delbert Reed of Augusta, a licensed engineer and master
electrician who installed a wood boiler last year, said many of
the proposed rules are on target. But he argued against
measuring smoke by using opacity -- the degree to which
emissions, other than water, reduce light and obscure the view
of an object in the background.
"Water vapor is a byproduct of wood combustion," Reed said.
"There will always be steam present from any exhaust from a
wood fire."
A false opacity reading could lead to a guilty verdict with no
proof, he said.
"The homeowner would be forced to prove his innocence," Reed
said.
The DEP has reported 50 chronic complaints over the past two
years, including from Jane Barron of Kingfield. She said the
smoke aggravates her asthma, and, she believes, contributed to
her bout of pneumonia last year.
"I believe the wood boiler has greatly interfered with my health,"
Barron said. "It's a health problem for me. It's a health problem
for anyone who walks down the street and smells that smoke. I
need your help."
But Beth Ann Luce, a registered nurse who owns the boiler next
to Barron, said she has tried to address Barron's complaints by
moving the boiler inside a barn and running the smoke stack
through the roof.
"The stack is now 10 feet above Ms. Barron's home," Luce said.
"We've done everything we can do to address her complaints."
The DEP has twice visited Luce's home and measured opacity
levels of 10 percent and 5 percent, well below the 30 percent
that would be permitted by the proposed rule.
"The Luce family should be complimented for dealing with the
issue properly and carefully," a department inspector wrote.
The nuisance provision in the new rule simply states that no
person may operate a boiler "in such a manner as to create a
nuisance."
The rule could force users to get rid of even harmless boilers,
Luce said. "It's a waste of your time, our time and taxpayer
money," she said.
Full Article: CLICK HERE
Outdoor wood boilers taking some heat
WATERVILLE — Ron Cutter decided to take action two years
ago after he burned about 3,600 gallons of heating oil to warm
his two Washington Street homes.
Cutter installed an outdoor wood boiler and last year heated his
home on about five cords of wood that he bought and a few
more he cut and picked from around his home. Overall, Cutter
figures he saved about $7,000 in heating costs last year, nearly
enough to pay for the new boiler.
"I don't know about you, but I can't afford that," he said. "I had
to fight with my wife and son to put it in. Now they think it's the
best thing since sliced bread. People don't know until they
actually have one."
Cutter is not the only one to turn to an outdoor wood boiler.
Tied by underground piping into existing heating and domestic
hot water systems, the distinctive pitched roofs that cover the
boilers have popped up with increasingly regularity as costs of
petroleum have continued to climb, said Jim Brooks, director of
the Department of Environmental Protection's Bureau of Air
Quality.
With that popularity, however, has come a corresponding
increase in the number of complaints that Brooks' office has
received from angry neighbors complaining of smoke wafting
onto their property.
"People were essentially getting smoked out by their neighbors,"
Brooks said. "We went from two complaints in 2004 to about 50
or so chronic complaints in 2006 and 2007." With little
regulatory authority over the boilers, however, the DEP has acted
quickly to establish rules establishing standards for emissions
and setbacks and to prevent nuisance smoke. A public hearing
on the proposed rules is scheduled for 2 p.m. Thursday at the
Augusta Civic Center.
The proposed rules would strengthen emission standards in two
phases.
The first would require boilers sold after April 1, 2008, to meet a
particulate matter emission limit of 0.60 pounds per million Btu.
Many boiler companies already have been working toward the
0.60 limit, thanks to a voluntary limit initiated by the EPA,
Brooks said.
The limit for new boilers would be lowered to 0.32 pounds per
million Btu by April 1, 2010.
The rules also would establish minimum setbacks, mandate
smokestack heights that vary according to where the boiler is,
and limit burning to material for which the boiler is designed.
The practice of burning garbage, tires, chemicals and some
other substances would be banned.
While Brooks thinks the new rules will prevent future problems,
there are provisions for dealing with complaints against any
existing boiler if its smoke crosses into a neighbor's yard for
more than 15 minutes in any hour.
"The homeowner could be subject to a cease-and-desist
enforcement," Brooks said. "Generally we'll try to see what the
problem is and see if it can be fixed."
Brooks said his department will not circle a neighborhood
looking for the so-called nuisance boilers, but that provides
little comfort to Terry Markham, owner of Best Way Wood Heat in
Readfield. The opacity test, which gauges the smoke level in an
area based on how much light is limited, is far too subjective,
Markham said. "There are too many interpretations," she said. "It
could be abused."
She also balks at setback requirements of as much as 200 feet.
"You need a big chunk of land and you need to be centered
perfectly to be able to use these," Markham said. "It's going to
tie the hands of so many citizens in this state."
Edward Miller, executive director of the American Lung
Association of Maine, which pushed the June legislation that
prompted the DEP to adopt new rules, believes there should be a
limit on where the boilers can be placed.
"Nobody has the right to pollute someone else's air," Miller said.
"It's not about burning wood. It's about burning wood
responsibly. Our intent is to put these where they're more
appropriate and where they won't cause a problem."
Best Way Wood Heat sells Heatmor boilers, which Markham
believes will be able to develop the technology to meet the
0.60-pound limit in April. Reaching the 0.32-pound limit by
April 1, 2010, is much more difficult.
"At this point you're asking an outdoor wood boiler to be cleaner
than an indoor stove," Markham said. "Boilers give central heat
and hot water. Indoor stoves that they're relating emissions to
can't do that. The indoor stoves can achieve emission ratings
because they reduced the size of the fire box."
Smoke from the boilers can exacerbate lung conditions, Miller
said. There has been testimony from people who can't sit in their
backyard.
Miller recalls the story of one Washington County couple who
could not let their son play outside.
"Even in the house they had air cleaning equipment that was
filled with soot from the boiler next door to them," Miller said.
"Many of these wood boilers are very highly polluting."
Markham recalls another complaint lodged against one of her
customers. The boiler was never used, yet a neighbor
complained of smoke emanating from "somewhere," Markham
said.
"That's how bogus some of those complaints are," she said.
Markham said she has heard from businesses and homeowners
who are able to keep their property because of the money the
boilers save them in heating fuel. The new rules could make
those stories rare.
"There's such a variety of businesses that use this product, and
they're the people that create revenue for the state and jobs,"
Markham said.
If neighboring homes were closer, Cutter would not have
installed an outdoor wood boiler, but he is glad he could.
"To me, it's a nice boiler," he said. "It's done everything I want it
to do. The people that have them love them. The people that
don't have them hate them."
Full Article: CLICK HERE
MIDDLEPORT: Outdoor wood-burning furnaces banned
By Joyce Miles/milesj@gnnewspaper.com MIDDLEPORT — Tom Winkley and Debbie Morgan are out $2,200 after the village board banned the use of outdoor, wood-burning furnaces Monday.
Trustees voted unanimously in favor of the ban, which prohibits construction and operation of the devices anywhere in the village. Trustee Terry Kirkpatrick was absent.
“These units are being marketed quite aggressively,” village attorney Dan Seaman said, “and there are potential health hazards” in their operation.
The preface to the law, virtually a copy of the one passed earlier this month in the village of Barker, says “the types of fuel used and the scale and duration of burning ... create noxious and hazardous smoke, soot, fumes, odors and air pollution. ... (s)uch pollutants are detrimental to residents’ health, and deprive neighboring residents of enjoyment of their premises.”
That finding doesn’t sit well with Winkley and Morgan, a couple at 22 Sleeper St. who’ve had their furnace for a while and say it’s generated no heat from neighbors. They don’t use their outdoor furnace in summertime, when others’ windows are open and the smoke might bother them, Winkley said.
“I try my darndest to satisfy my neighbors without polluting them out,” he said. “I don’t think I should get slapped ... because of someone else.”
Winkley, who purchased a used unit for about $2,200, operates it in the cooler months to heat his home and water. He’s one of only two village homeowners known to use an outdoor-based furnace at this point.
Village officials said the ban was prompted by the other homeowner, who reportedly used his boiler as an incinerator for disposing materials such as carpet and roofing shingles.
Trustee Tom Conley said he had heard complaints about “people getting choked out” by smoke; trustees Frank Sarchia and Liz Bateman said they had not taken any complaints.
Winkley questioned why the board didn’t get after the person burning non-wood materials instead — and how trustees could decide smoke from his outdoor boiler is more dangerous than the smoke that comes out of chimneys from indoor wood-burners.
The difference, Building Inspector Tom Arlington suggested, is the outdoor furnaces are relatively new devices for which the Environmental Protection Agency has not emission standards.
Iris Waters of Royalton, an outdoor, wood-burning furnace owner/operator who publicly applauded Lockport Mayor Michael Tucker’s veto of a similar ban earlier this month, said the real problem with the devices is ignorance.
“The outdoor (furnaces) are so much safer than having any type of wood-burning device in the home; they’re also an alternative to gas and electric,” she said. “(Government) should be working with people on this, not against them. ... Banning these devices is a huge mistake.”
Debbie Morgan asked whether enforcement of the law could be put off for up to six months while she and Winkley burn the rest of their wood supply. The law is going into effect immediately, according to Seaman, but at the board’s request, he will write a secondary local law allowing boiler owners to apply for a temporary exemption.
The Middleport board began tackling the boiler ban this past winter after complaints about smoke, according to Clerk-Treasurer Rebecca Schweigert. Passage on the heels of the City of Lockport ban and veto is “coincidental,” she said.
The issue is bound to arise in cities and villages, which are more densely populated than towns, according to Seaman.
“The key is the proximity of one resident to another in the village,” he said.
In the town of Newfane, which has several more densely populated core areas, there is no consideration of a boiler ban, according to Supervisor Tim Horanburg.
“We have not had a problem with them, as of yet, anyhow,” he said.
Ditto for the Village of Wilson, Mayor Tom Bateman said.
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Outdoor woodstoves up for discussion
By James Martinez, Staff WriterOTSEGO COUNTY — Richard and Gloria Romatz of Hayes Township say an outdoor wood-burning stove operating on neighboring property prevents them from having open windows and enjoying the outdoors.
Johannesburg resident Phil Smith also raised questions about the devices last year before the Otsego County Board of Commissioners at their Dec. 19 meeting. Smith expressed concern, saying the excessive smoke caused him further health problems on top of his chronic obstructive pulmonary disease.
The Romatzes felt strongly enough about the subject they wrote a letter to the editor in Wednesday’s edition of the Herald Times encouraging people to attend the planning commission meeting Monday at 7 p.m. in the Multipurpose Room of the J. Richard Yuill Alpine Center.
“We’re hoping (the commissioners) come up with some rules and regulations on these woodstoves, particularly the existing ones. We don’t want this to fall under a grandfather clause,” Richard Romatz said Friday in a phone interview.
Outdoor wood-burning stoves and potential regulation of those type of products is on the agenda for planning commissioners to discuss, among other issues (see related story).
“We’ve had five or six complaints in the last year (about the woodstoves). Once you get that many complaints you have to at least take a look at it,” said Planning Commissioner Chairman Don Tober, who explained there is no such ordinance regulating the woodstoves.
According to Tober, he believes the woodstoves when used properly do not make excessive smoke, but said many people often do not use such devices as efficiently as possible employing such practices as burning green wood which adds to the amount of smoke.
“I guess we’re going to have to do something about it, because people are using them too close together and smoking the neighbors out,” Tober said. He also said many woodstoves are used to heat water during the summer, meaning the smoke becomes an issue year-round, not just during winter.
The Herald Times published a series on the wood-burning stoves in December and January. The series may be found at www.gaylord heraldtimes.com through an advanced search for
“wood-burning stoves” and “Phil Smith.”
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BELCHERTOWN - The Board of Health will hold a public hearing tonight at 7:30 in the Town Hall auditorium to discuss the final draft of its proposed regulation governing outdoor wood-fired boilers.
The board has been working for months on regulations that members said would be appropriate for Belchertown, which has a combination of sparsely and densely populated areas.
"We are looking at specific zoned areas and allowing them in areas that are large enough not to interfere with a neighbor," said Gail L. Gramarossa, vice chairman of the Board of Health.
"If the regulations pass, you really would not be able to put one of these up if you live in the center of town," Gramarossa said.
The Board of Health will vote on the proposed guidelines, most likely at its July 2 meeting.
The intent is to act early enough so that people now using wood-fired boilers would have enough time before the next heating season to determine if they will be able to continue using them.
There are about a dozen that have been in use in Belchertown.
The Board of Health imposed a moratorium on new installations pending the vote on the proposed regulations.
The regulations would have requirements for the size of a house lot, the distance of the boiler to the nearest neighboring property and the height of the chimney in relation to nearby homes.
There would also be requirements for passing a test on proper boiler operation and using only those boilers that meet federal emission standards.
The Board of Health has had numerous complaints about a few of the wood-fired boilers being used in town.
"It may be that a majority of the ones that have been being used are not going to meet the new guidelines," Gramarossa said. "We are not looking to grandfather anybody in."
Selectman Alfred J. Roccanti, who referred complaints about smoke from some of these outdoor boilers to the Board of Health, commended the work done to prepare the proposed regulations.
"I think the Health Department has done a real good job from what I have witnessed so far of evaluating regulations and being practical about living in a rural community," Roccanti said.
"I would not want to deny someone the privilege of using one if they are not going to be a threat to their neighbors," Roccanti said.
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Neighbor Says "Enough" to Millinocket Outdoor Wood Boiler
5/7/2007
Millinocket Town Officials said all outdoor wood boilers had to be turned off on May 1st. Carlene George-Adams saw her neighbor still burning on May 2nd and filed a complaint.
George-Adams took pictures of smoke coming out of her neighbor's boiler. She says that smoke has been choking her since August.
"I've been breathing that smoke for eight months and it's taken a toll," said Carlene George-Adams. "I couldn't even walk out into my backyard and it closed your lungs right up. You had to get back into the house to breathe."
Her neighbors, the McLaughlins, got the wood boiler last fall to save money on heat and hot water. They say none of their neighbors complained about the smoke to them.
Tammy McLaughlin said the boiler was still running after the deadline because her husband was out of town and she didn't know how to shut it down for the summer.
"The gentleman who sold us the boiler was going to walk him through those procedures over the phone," said Tammy McLaughlin. "Unfortunately the complaint was made just hours before the boiler was going to be shut down."
Violating the Town Ordinance carries a $100 fine for each day of the violation. The McLaughlins say they have not yet been fined.
The Legislature is discussing three bills directed at Outdoor Wood Boilers. One of those bills considers a seasonal ban, much like the one already in place in Millinocket.
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HOLYOKE - The Board of Health has put a permanent damper on all outdoor wood-burning boilers in the city, voting yesterday to ban the devices despite claims by one boiler owner that his boiler complies with federal health guidelines.
By a 3-0 vote, board members duplicated a stand they took in January to ban the outdoor boilers because of adverse health effects. State regulators axed the earlier vote, saying the board had not given them prior notice and a chance to review the ban.
The new measure, modeled after one recently adopted in Longmeadow and approved by the state, bans all outdoor wood-burning devices and sets fines of up to $5,000 for the first violation and $10,000 for subsequent offenses.
It also requires existing boilers to be "abandoned and dismantled or removed within 10 days of the effective date of this regulation."
Following some public comments during the hearing, the board quickly voted with almost no discussion. Voting "yes" for the ban were members Katherine M. Liptak, a registered nurse, and physicians Robert S. Mausel and John E. McHugh, the chairman.
McHugh said the ban would be signed and quickly sent to the state Department of Environmental Protection for its approval.
Robert S. Allen, of 25 Pinehurst Road, whose stove sparked complaints last year, attended the public hearing but did not speak. But he gave reporters written material showing, he said, that his boiler's design meets federal emission guidelines.
Because neither federal nor state governments regulate the boilers, local cities and towns have opted to do it themselves.
So far, Holyoke, Longmeadow, South Hadley and Chicopee have passed bans. Northampton's Board of Health has adopted strict regulations, and other area communities have passed moratoriums.
Before the vote, Kimberly A. Aubrey, Allen's next-door neighbor, said she has enjoyed the past several weeks since the boiler was voluntarily shut down.
"It's been very nice to have the air clean," she said.
And Curt M. Freedman, an adjunct professor of alternative energy at Western New England College, whom Aubrey hired, submitted a scientific report he said undermines claims by Allen's boiler manufacturer that the devices are safe.
The board also accepted two letters from Allen's neighbors.
One was from West Franklin Street residents Martin and Margaret Sikop, who cited burning eyes and throats, "difficulty breathing and almost constant coughing" from the boiler's smoke. Another was from At-large City Councilor Patricia C. Devine, a cancer survivor who said area residents called the fire department for fear their homes were on fire when the boiler's smoke wafted through the neighborhood.
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Town considers outdoor-furnace restrictions
from the Press Republican.Clinton,Essex and Franklin counties of Northeastern New York
March 20, 2007
PERU — On the surface, it sounds like a good idea: an alternative fuel source to help combat rising energy costs while reducing the need for fossil fuels.
But Town of Peru officials want to take a closer look at outdoor wood furnaces before allowing them to become a more common heating source for town residents.
The Town Council has placed a nine-month moratorium on building new outdoor furnaces throughout the town.
“When you drive around in just about every municipality, you can see them,” said Councilman Keith Matott, who was Peru codes enforcement officer before taking a private position more than a year ago.
“The concept is great, but we have situations where people have installed them without proper building permits. We’re in a position where we need to now consider where it is appropriate to have these things and what kinds of restrictions should be placed on them.”
Typically, a small building about the size of an outhouse holds boilers that are heated by solid fuel, which is most often wood, though some people also use corn, oats or other flammable materials.
Insulated pipes lead from the furnace to the house. The system can be used to heat the home, for hot water or to heat a pool or hot tub.
“Some of the issues with them are visual issues,” Matott said. “Since we do have units outside, we need to consider screening it, placing it in the back yard, what kind of standard building setbacks we need to establish.
“If somebody’s not the neatest at piling their wood supply, that’s another big issue we need to address.”
One of the issues raised during a recent public hearing on the outdoor furnaces was the use of the systems in more populated areas. Some people voiced concerns that the smoke from the furnaces was creating uncomfortable — if not unhealthy — conditions for neighbors.
“I’m not against using wood as a heat source; I use wood in my house as well,” said Mark Robinson, who lives in the hamlet.
“The problem is the technology behind it. If you live near one, and (the smoke) blows your way, you can’t stay outside, it’s so thick.”
Burning wood releases fine particles into the air. Wood stoves are designed to burn at very high temperatures, which reduces the number of particles being produced. Outdoor furnaces, however, have to burn at low temperatures to prevent the water from reaching the boiling point.
“The wood smoulders and doesn’t turn into heat,” Robinson said. “People assume they’re wood stoves, but they’re not. They’re shocked when they find out more about them.”
“That’s one of the things we want to look at,” Matott said. “This nine-month moratorium allows us time to consider the ramifications and to create proper regulations, so they do not have a negative impact on other people.”
One of the problems is that the smokestacks of existing furnaces are only about 10 feet tall, so smoke coming from them will often hover in the immediate vicinity instead of dispersing with the wind. A requirement to use taller smokestacks could help reduce that
problem, Matott said.
“I can understand the problem in the hamlet when stacks are too short,” said Peasleeville Road resident Mark Millet, who voiced opposition to the moratorium. “If the town required 15-, 20-foot stacks, then that would eliminate that kind of problem.”
Millet, who uses a combination wood-oil burner for his heating, had planned to construct an outdoor furnace in the summer but now is not sure what to do because of the moratorium.
“I live seven miles outside of town,” he said. “My nearest neighbor is 2,000 to 3,000 feet from me. There are two (outdoor furnaces) in the area, and they don’t bother anyone.”
As long as people don’t burn garbage or other inappropriate materials, Millet said, he believes the furnaces are no different than using a wood stove. In fact, he believes the systems are a benefit because the owner can burn junk wood like pallets or dead trees left over from the Ice Storm.
“I have no problem with them wanting to put some restrictions on (furnaces),” he said. “But they are legal in New York state. They shouldn’t be banning people from using them.”
Town Supervisor Donald Covel said he believes the outdoor furnaces should be allowed in the town’s outlying communities but added that the town had to consider options for higher-density communities, such as the hamlet and subdivisions.
“The full board needs to look at what efforts we need to minimize inappropriate smells,” he said. “As a town board, we need to have some workshops to see what’s appropriate so that these stoves can at least be allowed in certain areas.”
Systems already in place are not affected by the moratorium, but Codes Enforcement Officer Paul Blaine will be approaching residents who have not applied for proper permits for their systems, Matott noted.
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PALMER - The Board of Health will continue its discussion about outdoor wood boilers at its meeting tomorrow at the Town Building on Main Street.
At its meeting last month, the board instituted a temporary moratorium on outdoor wood-burning boilers. Tomorrow at 7 p.m., the board is expected to schedule a public hearing to discuss proposed regulations or a ban for the structures.
"I'm sure we're going to have a big turnout. It's been a concern to me for quite some time," said Health Board member John J. Lukaskiewicz, adding the board has received complaints about units in residential neighborhoods.
James P. Rooney, a Palmer lawyer who has expressed concern about a boiler on Calkins Road, wants the board to ban the boilers, and order all existing units be dismantled.
"One has no choice but to breathe the outside air in her or his neighborhood and community. There is ample evidence that the particulates and contaminants from the use of outdoor wood burning boilers add significantly to the pollution of the air. We all need heat and hot water, but there is no right to choose a system which puts the health of others at risk," Rooney wrote in a Feb. 28 letter to the board.
"The smoke knows no property lines or legal boundaries. There is no staff available to inspect the quality of wood or other material being burned ... The only reasonable regulation is a ban on the use of the boilers," Rooney continued.
Rooney said he asked Curt M. Freedman of Longmeadow, an adjunct professor of alternative energy and energy management at Western New England College, to attend the hearing. Freedman gave a recent presentation in South Hadley, stating that one outdoor wood-burning boiler emits as much fine particulate matter as 12 wood-burning stoves.
South Hadley banned the boilers, as has Chicopee and Longmeadow. Belchertown, Southwick and Westfield have issued moratoriums on boilers.
The boilers, that some say resemble a large dog house or tool shed, heat water that is pumped into the house. At the hearing last month, a Flynt Street resident told the board she is saving a lot of money with her $10,000 boiler.
According to the Web site for Minnesota-based Central Boiler, the furnaces "provide a cost-effective, safe and environmentally responsible heating option that decreases the country's dependence on fossil fuels and foreign oil."
Jeffrey Begley of Calkins Road uses one wood boiler to heat his home and a house next door. Begley said no neighbors have complained to him about the boiler. With seven children, he said the boiler has saved him a lot of money. Altogether, he owns 14 acres.
"It's not like we're in downtown Chicopee," Begley said.
There are also wood boilers on Mason, Smith and Elizabeth streets, Stimson and Peterson Roads and Country Lane.
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HOLYOKE - Although the Board of Health voted last month to ban all outdoor wood-burning boilers in the city, its regulation is unenforceable because it has not yet been approved by the state.
The ban, adopted in a unanimous vote on Jan. 8 and scheduled to take effect within 30 days, followed a public hearing in which neighbors described thick smoke, and breathing and eye problems. Board members, during debate last month, cited health studies showing dangerous levels of particulate and other gas emissions.
The only outdoor wood-burning boiler here is owned by Robert S. and Mary Jo Allen, of 25 Pinehurst Road, who used it to heat their home.
A week and a half ago, the Allens' next-door neighbor, Kimberly A. Aubrey, called authorities to report the boiler was being used. After Health Director Daniel B. Bresnahan showed up, the boiler was shut down, she said.
But Eva V. Tor, a spokeswoman for the state Department of Environmental Protection, said the city's ban - a copy of which her agency received only last week - is not yet in effect.
"At this point," Tor said yesterday, "the legal review is under way."
According to Massachusetts General Law Chapter 111 Section 31-C, local boards can regulate airborne pollution "subject to the approval of the Department of Environmental Protection."
After that approval is given, the final regulation must be published in a newspaper. Only then, the law declares, "said rules and regulations ... shall have the force of law."
Although neither the federal nor the state government currently regulates outdoor wood-burning boilers, Tor said the DEP is now studying a wealth of data showing the devices' ill health effects. She said the state hopes to have regulations in place "before the next heating season."
While the city cannot enforce its ban, Tor added, officials can use state nuisance statutes to stop the burning.
Assistant City Solicitor Shawn M. Willis said yesterday he sent the state agency a copy of the regulation last week, as soon as they requested it.
Board Chairman John E. McHugh, a physician, said yesterday he was shocked and upset to learn last week about the enforcement snag. Any delays by the state, he said, would be inexcusable.
"The onus is on them," McHugh said. "In the interim, I think people are being hurt." He said the board will discuss the issue when it meets in two weeks.
In the region, only the Chicopee, South Hadley and Longmeadow health boards have issued outright bans, also subject to DEP approval. Other communities have passed moratoriums and considered bans.
The West Springfield Board of Health, which adopted a moratorium in December, will discuss a ban tomorrow.
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By BOBBY WARREN
Staff Writer
WOOSTER -- Though a committee is looking to present City Council with regulations to restrict the use of outdoor wood-burning furnaces, one councilwoman would like for a Cleveland Road family to keep its furnace operating.
The Laws and Ordinances Committee has been working on guidelines for the outdoor furnaces and thought it had reached a compromise. Chairman Jon Ansel, R-at large, and members David Silvestri, R-Ward 3, and Keith Topovski, D-Ward 2, recommended establishing a setback distance of 150 feet from the nearest residence and a chimney height of at least 2 feet more than the highest peak of the closest home. However, when the matter went before the full council, it was defeated.
Councilman Jon Ulbright, D-at large, has said he favors an outright ban of the outdoor wood burners. Councilwoman Mindy Cavin, D-Ward 1, said she could support a ban, but would like to make an exception for Aaron and Stephanie Gaines, who own the only one in Wooster of which city officials are aware.
Outdoor furnaces became an issue in April when residents complained to Councilman Jeff Griffin, R-Ward 4, about the one owned by the Gaines family on Cleveland Road. The Laws and Ordinances Committee has discussed the matter at several meetings since then.
The committee revisited the issue earlier this month, and Topovski proposed a 500-foot setback. Ansel favored something closer to 300 feet. While a 300-foot setback will severely limit the number of properties where an outdoor wood furnace would be permitted, Ansel said at 500 feet he was not so sure any property would meet the requirements.
"We focused on setback distance, but I don't want to overlook chimney height," Silvestri said. "I think the largest issue under discussion is the smoke."
Silvestri has repeatedly said he favors giving homeowners as many options as possible to heat their homes and water.
The furnaces, also called outdoor wood boilers, are stand-alone units erected away from dwellings. They use solid fuel (like wood or wood pellets) to heat water. The water is piped into the home where it can be used for heat in the winter and provide hot water throughout the year.
Rodney Tollefson, vice president of Central Boiler, a manufacturer of outdoor wood boilers in Greenbush, Minn., said chimney height was the most important factor.
"The chimney height is the resolution to the issue, it is not really the distance away" from the closest house, Tollefson said via telephone on Tuesday. "First and foremost, if you release exhaust at a reasonable level, the issue goes away."
The outdoor units have increasingly attracted attention. The Gaineses looked for an economical alternative to heating their home and settled on one. Stephanie Gaines has said the furnace wiped out the $350 per month heating bills.
However, a number of people have reported they believe the boilers to be detrimental to public health. Dan and Jody Starcher, who live near the Gaines family, have voiced their concerns about the safety of a unit emitting so much smoke into the air.
Much debate exists about the safety of operating an outdoor wood furnace, particularly in congested areas. The New York Attorney General's Office released a report in October 2005 titled "Smoke Gets in Your Lungs" that suggests long-term exposure to fine particulate matter in wood smoke could cause an increased risk of cancer and reduced lung function.
The report noted a short chimney and reduced draft often fail to disperse the smoke, resulting in more concentrated pollution at lower heights.
"Exposure to this smoke, like other pollutants, can cause or contribute to short-term health harms such as eye, nose, throat and lung irritation, coughing and shortness of breath, and may exacerbate asthma or trigger asthma attack," the report stated.
If more attention had been given to proper chimney height installation and the creation of new test standards, Tollefson said there would have been more headway made in creating more options of heating with wood.
One test conducted used a unit with a chimney 9 feet high. Tollefson said under best practices, the chimney needs to be at least 2 feet higher than the peak of the nearest dwelling.
Releasing at the higher level allows for the smoke to disperse better and not affect the ground area, Tollefson said.
Having a short chimney height on an outdoor furnace is the same as a fireplace or wood stove with a stack sticking out of a home at 10 feet, Tollefson said.
"You can smell wood smoke, and some don't want to smell it. That's only reasonable," he said. "If you create a nuisance for someone because you don't install it properly, it needs to be resolved."
In a 1998 report on the effects of outdoor wood boilers, tests done by the U.S. Environmental Protection Agency showed the outdoor units emissions were comparable to indoor fireplaces and wood stoves. The EPA is expected to come out with guidelines by the end of January.
Ultimately the Laws and Ordinance Committee members decided to move forward with a 300-foot setback and the same height for the smoke stack -- at least 2 feet higher than nearest residence.
Another component was to have all property owners come into compliance with the ordinance within five years, meaning the chimney height and the setback requirements both had to be met.
Ansel said he believed the five-year amortization period was ample time for a family to recoup its investment. In talks with someone who installs outdoor furnaces, Ansel said the units have a high resale value.
Cavin expressed a reluctance to have the Gaineses get rid of their unit because they did everything the city required of them. At the time of their installation, Wooster had no ordinance in place regulating the outdoor furnaces.
Because smoke is a primary issue, Cavin suggested the committee come forward with two pieces of legislation. One ordinance would require all owners to comply with the chimney height within 90 days, and the other would either limit or ban their use.
"Before we tell them in five years they have to get rid of it, let's ask them to raise the smoke stack and see if it will alleviate the problem," Cavin said. "I know no one wants to breathe smoke. I could support an out-and-out ban, but not for the people who already have it until something else has been tried.
"I think we should give them a chance to do it. Maybe the reason they haven't is they don't want to invest any more," Cavin said.
Wooster and Wayne County government reporter Bobby Warren can be reached at (330) 287-1638 or e-mail bwarren@the-daily-record.com.
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CHICOPEE - A Chicopee homeowner said yesterday he is continuing to operate his outdoor wood-burning boiler despite a ban and a cease and desist order imposed by the Board of Health two months ago.
Robert M. McKinney, of 21 Loveland Terrace, said he is using the outdoor wood-burning furnace, attached to his house, as advised by his lawyer.
"What do you expect us to do?' McKinney said. "The whole thing has just been totally unfair in our regard."
Health and Law department officials said yesterday they are mulling legal options to force McKinney to stop using the wood-burning boiler. The Chicopee Board of Health banned boilers in November and ordered any existing boilers to be dismantled, deeming them to be public health hazards.
The city, however, is awaiting formal approval of its ban from the state Department of Environmental Protection, local and state officials said.
The Board of Health based its ban on a state statute regarding air pollution, which triggers the need for state approval of the bylaw, said Eva Tor, a spokeswoman for the Department of Environmental Protection. It is unknown when the state will issue its decision.
"We are considering our options in the meantime," Associate City Solicitor Daniel P. Garvey said yesterday.
Local health officials have said that court action is possible.
Of three known outdoor wood-burning boilers in Chicopee, McKinney's is believed to be the last one operating.
Holyoke, South Hadley and Longmeadow have also banned the boilers, and some communities have imposed, or are considering imposition of moratoriums or regulations. Tor said Longmeadow's ban also needs state approval, but she was not aware if the other communities needed the same approval, depending on the procedure used to impose the ban.
McKinney said his boiler was installed in 2005, representing an investment of about $15,000, including the boiler, house alterations and subsequent improvements to the system. He expanded his smokestack, now reaching a height of 22 feet from the ground, and said he now uses cleaner wood, primarily seasoned oak and maple, to address concerns about pollution.
He said the boilers, when used correctly, burn better than fireplaces and woodstoves.
Local health officials disagree.
According to a recent study by the New England States for Coordinated Air Use Management, the typical outdoor wood boiler is only 28 percent to 55 percent efficient, which leads to a higher smoke output. In contrast, the newest models of woodstoves can be 80 percent to 85 percent efficient in turning wood to heat, the study found.
A former neighbor, Edward Nowak, filed suit against the McKinneys, saying he lost money on the sale of his house due to their boiler. McKinney said people in the neighborhood have not complained about the smoke this heating season.
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BELCHERTOWN - While stopping short of an outright ban on outdoor wood-fired boilers, the Board of Health has enacted a moratorium that prohibits any new installations of the systems until town regulations governing them are in place.
The board has scheduled a public hearing for Feb. 5 to discuss the proposed regulations it is working on.
"We think there is some public health risk that we want to try to protect people from," Board of Health Chairman Gail L. Gramarossa said.
"On the other hand, we think that when they are used properly, you can minimize that risk to your neighbor," she said.
Chicopee, South Hadley, Longmeadow, and most recently, Holyoke, have issued outright bans of wood-fired boilers and ordered those who have them to stop using them.
West Springfield and Northampton have issued moratoriums.
Palmer's Board of Health is contacting other towns to see what their policies are concerning the wood boilers and will discuss the issue at its Feb. 13 meeting.
Belchertown's Board of Health voted on Jan. 8 for its moratorium, which says that "no person shall install an outdoor wood-fired boiler/furnace, or replace an existing outdoor wood-fired boiler/furnace that has become inoperable, in the town of Belchertown until such time as the Board of Health enacts regulations governing the installation and operations."
Gramarossa said the Belchertown board in considering regulations is looking at such things as distance of the furnace to neighboring homes and businesses, height of the chimneys, age of the furnaces, and types of wood burned.
"Some of the operators of these wood boilers talked about using the proper wood and making sure the burner is one of the more recent ones because the technology is getting better all the time," she said.
The outdoor furnaces are apt to be prohibited in the more densely populated areas of town where lot size and proximity of neighboring homes are likely to run counter to the regulations being considered.
Gramarossa said that even without the type of ban that Holyoke, South Hadley, Chicopee and Longmeadow have imposed, the Belchertown Board of Health would be able to take steps under general public health nuisance laws in cases where someone's outdoor boiler is shown to be a problem to neighbors.
The board and town Health director Judy Metcalf are following up on complaints about a wood-fired boiler on Shea Avenue, which was brought to their attention by a neighbor who brought videotape of the smoke during the Jan 8 meeting.
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