Administrative Review Appeals Board
Monday, December 19th, 2005
5:30 p.m.

Members Present: Dan Schlutter, Richard Bishop, Kevin Fletcher

Others Present: Richard Holden, Dan Mahoney

1. Mr. Schlutter called the meeting to order at 5:41 p.m.

2. Mr. Schlutter called the hearing for the Dennis Zblewski Administrative Review appeal to order at 5:41 p.m. Mr.
Zblewski was sworn in and explained that he was appealing the Community Development Manager's interpretation of the Village's public health nuisance ordinance with respect to outdoor wood furnaces. He felt that an outdoor wood furnace wouldn't be any more of a nuisance than an indoor wood stove. He stated that the stack will be tall enough, i.e. will be above the house roof line, and he has approval from his neighbors.

Mr. Bishop didn't think an outdoor wood furnace would differ from a fireplace.

Mr. Holden was sworn in and referred to his report explaining his interpretation of outdoor wood furnaces as a public health nuisance, copy attached. He stated that he has experienced problems with existing outdoor wood furnaces in the Village due to smoke, fumes, and odors. He has received calls from other communities regarding the issue of outdoor wood furnaces. Mr. Holden referred to an e-mail form the DNR outlining their concern with them as well, copy attached. Mr. Holden stated that due to an increasing number of inquiries, he drafted a memo in January 2005 outlining his interpretation of outdoor wood furnaces as a public health nuisance. He felt that they would be dealt with on a case by case basis.

Mr. Davies questioned how they differ from an indoor wood burning furnace and if language couldn't be drafted for the outdoor furnaces to specify that only clean wood can be burned.

Mr. Holden stated that the outdoor furnaces are built to burn green wood but problems arise with fume and odor complaints when matter other than wood is burned.

Mr. Fletcher questioned the capacity of an outdoor wood furnace. Mr. Zblewski stated that approximately 15 chunks of wood could be burned at a time. He reiterated that the main problem is not burning dry wood.

Roger Zblewski, 1521 Porter Road, questioned how far people's rights are going to be governed. He stated that he has the stack on his own furnace high enough that it doesn't cause smoke problems.

Mr. Damrau stated that he has received calls regarding an outdoor furnace that is also used to heat the water in the spring and summer and that garden debris is burned.

Roger Zblewski felt that there was no savings in using an outdoor furnace just to heat the water. He explained how he shuts his furnace down between the end of March and October.

Mr. Bishop suggested the consideration of amending Chapter 10 of the Village's Code of Ordinances to specifically address outdoor wood furnaces, i.e. restrict the type of wood that can be burned, and restrict the use to periods of time for heating only. Mr. Schlutter added that the months in which they can burn could be addressed as well as the height of the stack.

Mr. Holden stated that this Board can modify his opinion but he felt that it would make it more difficult to enforce and police.

Mr. Mahoney questioned if it made sense to require an increased stack, to be able to burn clean, dry, wood only; no garbage, to establish setbacks for the location of the outdoor furnaces and to establish burn times. He felt that this could be a way to make them work and fit into a subdivision.

Mr. Davies felt that an alternative method for heating is necessary due to the rising cost of natural gas and oil.

Roger Zblewski stated that Dennis has already taken into consideration the location of the outdoor wood furnace so as not to cause any problems.

Mr. Holden stated that if this Board determined Mr. Zblewski's request for an outdoor wood furnace to not be a public health nuisance, he would then have to apply for a Conditional Use to allow an additional accessory building on his property, but the Board's determination must come first.

Mr. Bishop moved to close the hearing at 6:01 p.m. Mr. Fletcher seconded and the motion carried.

3. Mr. Mahoney stated that the Board could give Mr. Holden direction to develop restrictions for outdoor wood furnaces
as part of their consideration of the appeal. Mr. Fletcher felt that the Fire Chief should be consulted as well.

Mr. Bishop moved to give Mr. Holden the opportunity to develop recommendations and restrictions for the use of outdoor wood furnaces and the permit procedures for them by December 28, 2005. Mr. Fletcher seconded and the motion carried.

4. Mr. Fletcher moved to adjourn at 6:07 p.m. Mr. Bishop seconded and the motion carried.

____________________________________
Karen Swanson, Village Clerk