Furnace is legal, says solicitor, but council looking for ways to respond to complaints

LOWER TOWNSHIP – Public concern over an outdoor wood-burning furnace in a residential neighborhood here has prompted council to consider drafting an ordinance restricting future installation of the devices.

"This calls for responsive enforcement," said Mayor Michael Beck. "We are not in the position to enforce Department of Environmental Protection regulations. There's not an ordinance [specifically] on this because we are not equipped to be smoke police."

"The neighbors can make a complaint to start the process," added Beck.

The issue was raised at the Aug. 15 council meeting when Greenwood Estates residents complained that the outdoor wood boiler at the residence of Pawel and Marti Banach affects their quality of life.

"I've talked to (township manager) Mike Voll, he's been to my house," said Michael Hako, an Adrielle Lane resident. "This wood burner is within 50 feet of my porch. I couldn't open windows. My eyes are burning from the smoke that gets into my house.”

Township solicitor Michael Donahue said that the boiler met "…the criteria as a furnace and met the zoning requirements," according to his research.

But, residents urged the council to consider that the zoning requirements in place didn't contemplate the smoke-spewing apparatus in a closely-spaced subdivision.

"This thing belongs out in the Poconos on 30 acres, not in this area," said Hako.

A dozen residents voiced similar concerns at the Aug. 15 meeting. They indicated that they have brought this issue to township authorities since June 2010.

Donohue has said that while the township can enact measures regulating certain aspects of outdoor structures, such as the size and placement of chimneys, the state Department of Environmental Protection (DEP) has specific regulations dealing with outdoor smoke.

The solicitor indicated that the neighbors affected by the smoke should sign complaints against the operator of the outdoor wood burner involved.

Resident Nick Thompson, who indicated that he has been unable to sell his house because of the "terrible, acrid smoke that permeates everything," asked whether he should call the police with his complaint.

"Yes," responded Beck, simply.

"Create a record, said Voll. “Our police chief is very concerned about quality of life. I will speak with him tomorrow. They will respond and take statements make their own observations.”

Beck suggested that the matter should be referred to the zoning board for further review.