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Town of Charlton Saratoga County Town Board
PUBLIC HEARING
March 13, 2006
7:00PM
The Public Hearing of the Town Board of Charlton, Saratoga County, New York held at 7:00PM at the Charlton Town Hall, called to order by Supervisor Grattidge.
Present: Councilman Lippiello, Councilman Salisbury, Councilman Verola, Supervisor Gratttidge, and Town Attorney Robert VanVranken.
Absent: Councilman Gardner
The Legal Notice published in the Official newspaper, The Daily Gazette read:
NOTICE OF PUBLIC HEARING TOWN OF CHARLTON
Please take notice that a Local Law has been introduced in the Town Board of the Town of Charlton. Be it enacted by the Town Board of the Town of Charlton, Saratoga County, New York, as follows:
A LOCAL LAW REGULATING THE USE OF RESIDENTIAL OUTDOOR SOLID FUEL BURNING FURNACES WITHIN THE TOWN OF CHARLTON.
Be it enacted by the Town Board of the Town of Charlton, Saratoga County, New York, as follows:
Section 1. Title and Authority.
This local law shall be known as the “Local Law Regulating the use of Residential Outdoor Solid Fuel Burning Furnaces within the Town of Charlton”. It is adopted pursuant to the authority of Article 2 and Article 3 of the New York State Municipal Home Rule Law.
Section 2. Purpose.
The use of outdoor solid fuel burning furnaces may provide an economical alternative to conventional heating systems. Concerns have been raised, however, regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and health effects of uncontrolled emissions. This local law is intended to ensure that outdoor solid fuel burning furnaces are utilized in a manner that does not create a nuisance and is not, to the extent possible, detrimental to the health, safety and general welfare of town residents.
Section 3. Definitions.
As used in this local law, the following terms shall have the meanings as indicated:
Front Lot Line - The street or road right-of-way line. If a lot adjoins two (2) or more streets or roads, it shall be deemed to have a front lot line on each respective public highway.
Outdoor Solid Fuel Burning Furnace - Any equipment, device or apparatus which is installed, affixed or situated outdoors, for the primary purpose of combustion of solid fuel to produce heat or energy comprising a component of a heating system used to provide heat to a principal residence only.
Section 4. Permit Required.
No person shall install, use or maintain an outdoor solid fuel burning furnace within the Town of Charlton without first having obtained a permit from the zoning enforcement officer. Application for such permit shall be made to the zoning officer on forms provided. Fees collected with regard to these permits shall be set by resolution of the Town Board.
Section 5. Existing Outdoor Solid Fuel Burning Furnaces.
Any outdoor solid fuel burning furnace in existence on the effective date of this local law shall be permitted to remain, provided that the owner applies for and receives a permit from the zoning officer within one year of such effective date. Further, that upon the effective date of this local law, all of its provisions, except Section 6.4, shall immediately apply to existing outdoor solid fuel burning furnaces. If the owner of an existing outdoor solid fuel burning furnace does not receive the required permit, the outdoor furnace shall be removed prior to expiration of the one year period.
Section 6. Specific Requirements.
All outdoor solid fuel burning furnaces shall comply with the following rules and regulations:
1. Installation. All outdoor solid fuel burning furnaces shall be installed, operated and maintained according to the manufacturer’s instructions. 2. Permitted Fuel. Only firewood, corn, coal and untreated lumber are permitted to be burned in any outdoor solid fuel burning furnace. Burning of any and all other materials is strictly prohibited. No outdoor solid fuel burning furnace shall be utilized as a waste incinerator. 3. Burner Requirements. All boilers comprising a solid fuel burning furnace shall be completely enclosed. All furnace exhausts shall have a spark arrester. 4. Setbacks. Outdoor solid fuel burning furnaces shall have the following minimum setbacks: a. from any front lot line - 100 feet b. from any side or rear lot lines - 75 feet c. from residential structures on any adjacent properties - 150 feet 5. Replacements. If an outdoor solid fuel burning furnace is replaced or upgraded, a permit shall be required pursuant to Section 4 of this local law and shall comply with all sections of this local law.
Section 7. Appeals.
Appeals from any actions, decisions or rulings of the zoning enforcement officer or for a variance from the strict application of the specific requirements in Section 6 of this local law may be made to the Town of Charlton Zoning Board of Appeals. Requests for all appeals shall be made in writing to the Zoning Board of Appeals not later than 30 calendar days of the act, decision or ruling from which relief is sought.
1. Appeals Fees. Appeals fees shall be established by Town Board resolution. 2. Public Hearing. Within 62 calendar days after receiving the written request, the Zoning Board of Appeals shall hold a public hearing on the appeal, with prior notice published in a newspaper of general circulation in the town at least ten days before the date of the hearing and specifying the date, place, time, and purpose of the hearing. 3. Decision of Zoning Board of Appeals. Within 62 calendar days of the final adjournment of a public hearing, the Zoning Board of Appeals shall affirm, modify, or deny the action, decision, or ruling of the zoning officer or correct any omission by him, or approve, approve with conditions, or disapprove the application. The decision of the Zoning Board of Appeals shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the Zoning Board of Appeals. As part of any decision, the Zoning Board of Appeals shall direct the zoning officer to issue any appropriate permit in conformity with its ruling and shall state a time by which such permit shall be issued, in conformity with this local law. 4. Criteria for Variances. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider: a. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; b. whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; c. whether the requested variance is substantial; d. whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood; and e. whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the variance.
Section 8. Violations and Penalties.
Any person who shall violate any provision of this local law shall be guilty of a violation as defined in Article 10 of the Penal Law and shall upon conviction be subject to a fine of not more than two hundred fifty dollars ($250.00) or to imprisonment for not more than 15 calendar days or both such fine and imprisonment. Each week’s continued violation shall constitute a separate and distinct offense.
Section 9. Civil Proceedings.
Compliance with this law may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this law shall also be subject to a civil penalty of not more than five hundred dollars ($500.00), to be recovered by the Town of Charlton in a civil action and each week’s continued violation shall be for this purpose a separate and distinct violation. In the event the Town of Charlton is required to take legal action to enforce this local law, the violator will be responsible for any and all necessary costs relative thereto, including attorneys’ fees, and such expense shall be charted to the property so affected by including such expense in the next annual tax levy against the property.
Section 10. Severability.
The provisions of this local law are severable and the invalidity of a particular provision shall not invalidate any other provision.
Section 11. Effective Date.
This law shall be effective upon filing with the Secretary of State.
PLEASE TAKE NOTICE that a public hearing upon said Local Law will be held at the Town Hall, 784 Charlton Road, New York, on the 13th day of March, 2006, at 7:00 o’clock PM. and that an opportunity to be heard in regard to such proposed Local Law will then and there be given.
Heather Scribner, Town Clerk Dated: March 1, 2006
Supervisor Grattidge stated the town board drafted this law to address the issue of residential outdoor solid fuel furnaces. The town board will take public comment. Action on this local law is at a later meeting. The town board has received a letter from the Charlton Environmental Conservation Commission.
Environmental Conservation Commission Chairman Marv Schorr summarized the enclosed letter. (See Attached)
Suzanne Voight, Dawson Road stated I live on a street where everyone has either a wood burning stove or burning furnace that is not outside but inside the home. On some days when I sit outside the home it is at a low point, these are furnaces that omit out of the standard chimneys of homes and I can’t see in front of my face and going down lower parts of the property I would start coughing. I burn wood, so it’s not just my neighbors. This could be a problem particularly in the lower parts of town.
Supervisor Grattidge stated we are trying to balance the burning of a legal substance and an adequate set back for the town. Corn is a possible legal fuel that people can burn. We have a concern not to leave anyone out. ECC Chairman Mr. Schorr stated there are no concerns using corn as fuel.
Supervisor Grattidge stated he thought the setback distances of 6.4 of the proposed local law would immediately apply to existing furnaces. Town Attorney Robert VanVranken stated if this legislation were to pass the set backs of existing stoves would not be subject to set back requirements. Councilman Verola stated if you have an existing furnace you do not have to meet set back requirements but you will need to see the Zoning Administrator for all the electrical inspection. Environmental Conservation Chairman Marv Schorr stated basically this grandfathers all existing units because nothing else is required but setbacks and following of manufacturing instructions. The Environmental Conservation Commission objects, we feel if they don’t have to meet the requirements, the Zoning Officer would have to issue a permit without a requirement for a variance from the Zoning Board of Appeals. None of the neighbors would have an opportunity to object to these units. It was our experience with the Local Law passed on Out Door Open Burning that neighbors don’t like to complain about neighbors. However, with an open forum where there are groups of people, people came out complaining. We spoke about this in our letter. This proposed local law grandfathers all existing wood burning furnaces and the Environment Conservation Commission objects. Councilman Verola stated there is not an abundance of these and the ones that exist are in the rural area of the town. To my knowledge there are none in the residential area. I don’t foresee any problems with the few that are out there now. Marv Schorr stated then their won’t be a problem getting a variance if know one objects to it. Councilman Verola stated to the point about neighbors complaining at open meeting that is why we are having a public meeting to get input.
Suzanne Voight, Dawson Road agreed with Mr. Schorr and legally it might be a better way to address this. There may be someone out there that we may not know about and the smoke is bothering a neighbor. In some parts of the United States they have restricted the use of these stoves on premises. I know if you slow burn and it is not really cold out it creates a lot more smoke. They are restrictions about admission levels and it is usually temperature dependent. I don’t usually burn under 35 degrees because it doesn’t work well and don’t want to get smoked out of our own place. The law should be very clear.
Zoning Administrator Dave LaFountain stated the exemption of the existing furnaces from having to comply with the set back requirements from the zoning standpoint is unacceptable. We have determined what the set back should be and that is what they should be. We should not grandfather the existing furnaces from complying with the setbacks requirements. The issue regarding stack height is the state department regulates the stack height. If you were to change the stack height of a pre-manufactured unit it would interfere with the engineering of the unit, its efficiency and ability to perform as designed. If you were to get involved with what the stack height it is out of our jurisdiction.
Everyone had the opportunity to speak who wished, the meeting was adjourned at 7:32PM.
Respectfully submitted Heather Scribner Town Clerk
March 6, 2006
To: The Charlton Town Board
From: The Charlton Environmental Conservation Commission
Subject: Proposed Local Law Regulating Residential Outdoor Solid fuel Burning Furnaces The ECC reviewed the latest version of the subject proposed law at its February 28, 2006 meeting and has the following comments and concerns:
As previously discussed in an October 2005 letter to the Town Board, the ECC’s primary concerns are the health issues related to smoke and the materials that are burned (the ECC recommended that only untreated wood be allowed). The ECC had recommended that the ordinance forbid location in the residential area (it does not), and also specify a stack height (which it does not do), setbacks and the material that can be burned. The draft ordinance still does not specify stack height, but rather states that the manufacturer’s requirements must be met (if the stack is too short down draft of the smoke occurs). Setbacks are less than recommended by the ECC making it more likely that units could be sited in the residential area. The ECC is also concerned that the proposal allows coal and other non-wood material to be burned in the furnaces and does not forbid year round use (inversions are more common in the warmer months; neighbors windows are more likely to be left open in the warmer months), although it states that the furnaces can only be used for heating the principal residence (cannot be used for water heating which would require year round use). Burning coal emits significant pollutants, such as heavy metals and smelly sulfur compounds that wood does not emit, and many cities now forbid the use of coal for heating buildings because of much higher rates of particulate (soot) emissions from soft coals. Corn cob fuel would be allowed by the proposed local law, but there is no requirement that the fuel be dry (wet fuel is likely to emit more smoke). Without specification of stack height the ECC is still concerned that downdraft can occur, thereby producing a significant health threat to Town residents. However, the ECC is pleased to note that the proposed law would no longer grandfather existing units. The ECC learned from a resident who uses an outdoor furnace that he uses anything that will burn as fuel, including wet corn cobs, tree stumps and treated wood. His furnace has about a 4 foot stack supplied by the furnace manufacturer, but there are nearby structures and he does have a smoke problem at times (“smoke sits near the ground when the air is heavy”). It should be noted that nearby structures or high terrain make it more likely that downdraft of smoke exiting a stack is likely to occur if the stack is not high enough. The EPA and state DEC require that stacks from much larger combustion sources use what is known as “GEP, Good Engineering Practice” stack height, which is dictated by the height of nearby structures or hills, to avoid downdraft of the smoke. The same principal applies for these smaller combustion sources, although manufacturer instructions on the furnaces in question and equipment supplied are generic and make no such requirement for stack height. The report on outdoor furnaces issued by the NYS Attorney General’s office in August 2005, (“Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State”, Environmental Protection Bureau of the Attorney General, August 2005, available at the following web site http://home.oag.state.ny.us/press/2005/aug/August%202005.pdf) specifically notes that the state of Vermont requires that installation of an outdoor wood burner requires that it must be at least 200 feet from the nearest neighboring residence (the setback recommended by the ECC; the required setback used by the Towns of Queensbury and South Glens Falls is 200 feet from the nearest lot line; and Moreau requires 500 feet from the nearest lot line and permits use only between Sept. 1 and May 1 as does Queensbury) and that the stack on the furnace must be higher than the roof line (recommended by the ECC in its October 2005 letter) if the furnace is between 200 and 500 feet from the nearest neighboring home (the Town of Kingsbury requires a minimum stack height of 15 feet and South Glens falls requires that the stack be higher than any adjacent structure within 50 feet of the furnace) . Furthermore, even if these requirements are met, these furnaces may not be used in Vermont “if the terrain is inappropriate” (hills higher than nearby structures create the same problem as a nearby house with regard to causing downdraft if the stack is not higher than the hill). All of the NY towns mentioned above limit the fuel to only untreated wood.
The reasons that coal may burn much dirtier than wood are myriad. While the volatility
While we believe that coal should not be permitted to be burned in these furnaces, if coal is to be allowed, we recommend that only hard coal be used, i.e., low-sulphur/high-energy anthracite from Appalachian shaft mines rather than the soft, high-sulphur coal that is strip-mined for electric utilities. Hard coal produces fewer micro-particulates. Coal smoke may stink from the sulfur compounds produced, however, there may be less smoke produced from burning coal than from wood since coal can’t burn in an airtight, oxygen-starved, and smoky mode as wood can. Coal must rest on an open grate permitting a constant oxygen flow through the bed from below, or the fire will go out. Air must also be introduced to the top of the coal bed so combustibles in the smoke will burn. You can't close the draft of a properly designed coal stove or furnace as you can with a wood burner. Coal burns much hotter than wood, and so needs a firebox with a heat-retaining and burnout-resistant firebrick liner. The ECC concern over using coal may be moot, since the foregoing discussion indicates that outdoor furnaces constructed to burn wood cannot in general burn coal unless they are modified by a firebrick liner on the firebox. However, the ECC still believes that the proposed law should only permit the use of untreated wood fuel.
If you have any questions or would like to discuss this issue further, please contact me at 399-4161. Marvin M. Schorr, Chairman Charlton Environmental Conservation Commission Cc: A. Grattidge R. Lippiello B. Gardner D. Salisbury S. Verola ECC members
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