Minutes of the Meeting of the Rootstown Township Zoning Commission
October 15, 2007The Rootstown Township Zoning Commission met in regular session on October 15, 2007, at 7:00 p.m. at the Rootstown Town Hall.
Present:
Bob Baumgardner
Paul Galido
David Ries, alternate
Robert Swauger
Helen VariAlso present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretaryAbsent:
Richard PetroChair, Bob Baumgardner, called the meeting to order. Everyone stood to recite the Pledge of Allegiance.
Introductions of the zoning commission members were made to the audience members who were in attendance for the discussion on outdoor wood furnaces as advertised in the legal notice.
Zoning Inspector Report – none at this time.
Rob Swauger made a motion to approve the September 17, 2007 zoning commission meeting minutes as presented. Helen Vari seconded the motion and all ayes were heard.
Outdoor furnace regulations were next for discussion. At the current time, there are no regulations governing their use in Rootstown Township. Mr. & Mrs. Jeff Helmling of Cook Road, Scott Krieser of SR 44, and Tom Weese from Wilkes Road were in attendance.
Since neighboring townships are also in the process of adopting outdoor furnace (hydronic) regulations, examples of wording and what they are proposing to incorporate into their rules were available for comparison. Also, it was felt since the audience members have already had outdoor furnaces in operation for a few years their input will help with our township’s decision on which regulations will best suit.
The EPA has been involved with some complaints and is working with the County Regional Planning Commission to help with standards and guidelines to follow and they in turn come up with a proactive way to approach the subject. The zoning commission feels that making regulations will put everyone on the same level as far as setbacks, location, allowable fuels, etc.
The zoning commission members asked those in the audience how their systems are set up, distances from their principal house, ease of operation, etc. They feel the cost of the unit is justified with the savings on fuel bills, the safety factor of not burning inside the home, cutting back on allergies from insects and smoke, having unlimited hot water as well as heat, etc. They also feel the furnaces use less wood than an indoor woodburning unit because it regulates the burning as needed with electronic brain-like controls. A pamphlet from a hydronic outdoor furnace company was passed around for a better understanding of the way they’re set up.
The consensus of the group is that outdoor furnaces should be conditionally permitted and if all township regulations can be met as well as following the manufacturers guidelines, there should not be any problems with smoke complaints, etc. The problems arise when owners burn illegal items or have not followed guidelines on chimney height, etc.
Much discussion followed regarding the specifics which will be needed to come up with good regulations. Putting a limit on acreage is the first topic to be decided, along with setbacks from buildings and property lines. The regulations will be incorporated in Chapter 310 as permitted or conditionally permitted use as determined by each zoning district. It should also be included in the schedule of regulations for conditional accessory use as well.
Comparing the lot sizes of R-1 and R-2 districts, etc. and how close neighboring houses and property lines are or might be is the way to generally figure out the setbacks and location of potential outdoor furnaces. With increasing popularity of these units, it is essential to have good regulations. Taking into consideration Zoning Inspector Jim Mahood’s calculations on the average minimum and maximum lot sizes, etc. making these units a conditionally permitted use seems to be the way to go. Enforcing what can be burned as fuel and meeting EPA requirements is a concern. The audience members in attendance feel that as long as you burn legal fuels there should be no problems and the unit manufacturers void warranties if not followed.
To begin the process of creating outdoor furnace guidelines and regulations which aren’t too lengthy but restrictive enough, the group feels the zoning districts in which to allow the conditionally permitted units are O-C, R-1, and R-2. The discussion on fuels not permitted was lengthy. Since it’s nearly impossible to list every illegal material, it may be better to list the permitted fuels only. Having to go to the ZBA to be conditionally permitted, each potential outdoor wood furnace owner will have to meet all conditions and guidelines and variances may be needed, which will be determined on each individual case.
After doing some calculations based on a typical R-2 parcel, with minimum setbacks and dwelling footprint, etc. to see if there would be enough room in the back yard, the distances from buildings and neighboring property lines were discussed at length. Chalkboard drawings helped everyone visualize how back yards may be situated for outdoor furnace units to be used without affecting neighbors’ enjoyment of their land.
The group decided that 1.5 acres should be the minimum allowable parcel for outdoor furnaces. The term outdoor furnace will be used instead of outdoor hydroid heater because that would be too specific. Considering our current accessory use distances from the principal dwelling, it was decided to use 30’ as the minimum distance from the house. The units should be located in the back yard a minimum of 70 feet from the property line. As for the allowable fuels, they should meet the manufacturer’s recommendation and also follow federal, state, and local government standards and guidelines. There may also need to be something regarding planting a barrier or buffer camouflaging the units.
The chimney (smokestack) height was another concern. Since the furnace manufacturers have recommendations for the effective and efficient use of the units, it may be hard to require a specific height. Depending on the distance from the house, and how the downdraft might affect it, this could be how the manufacturers determine the smokestack height to begin with.
With all the discussions about these outdoor wood furnaces, no formal motions were made at this time. These tentative figures will again be discussed at the regular meeting in November at which time motions can be made for the proposed amendment to add these regulations to the zoning resolution.
After the recent work session to tweak the wording in the density section of the PRD Section, the following proposed amendments were made unanimously.
Paul Galido made a motion to delete the footnote on Schedule 320.04. This is basically redundant since the statement above the chart explains the same. David Ries seconded the motion and the vote was as follows: Ries, YES; Vari, YES; Swauger, YES; Galido, YES; Baumgardner, YES. Passed 5/0
Helen Vari made a motion to delete the word “restricted” from all places in Chapter 320 where it precedes “open space”. This will then require it to be deleted in Chapter 150 – Definitions – as well (however the definition for “open space” will remain). Paul Galido seconded the motion and the vote was as follows: Ries, YES; Vari, YES; Swauger, YES; Galido, YES; Baumgardner, YES. Passed 5/0
David Ries made a motion to add a formula for PRD density calculation, with it’s explanation including a density bonus provision and a density impact statement, etc. Helen Vari seconded the motion and the vote was as follows: Ries, YES; Vari, YES; Swauger, YES; Galido, YES; Baumgardner, YES. Passed 5/0
Paul Galido made a motion to modify 320.05D – Minimum Open Space – by adding the two following sentences (this will clarify the calculation of open space)….”The open space shall be calculated after subtracting the roadway acres that makes up the existing road right-of-way from the total acreage of the parcel. The open space shall be reserved in perpetuity for public and/or private open space and recreational facilities”. David Ries seconded the motion and the vote was as follows: Ries, YES; Vari, YES; Swauger, YES; Galido, YES; Baumgardner, YES. Passed 5/0
Paul Galido made a motion to amend Schedule 320.05F to decrease the maximum density in R-2 to 2.75 and in R-V to 4.0 (from 3.25 and 4.5 respectively) and to decrease the maximum net density on any one acre as follows: O-C to 2, R-1 to 3, R-2 to 5, and R-V to 6 (from 3, 4, 7, 7 respectively) and lastly to increase the minimum open space requirement in R-V to 30% (from 25%). David Ries seconded the motion and the vote was as follows: Ries, YES; Vari, YES; Swauger, YES; Galido, YES; Baumgardner, YES. Passed 5/0
The next regular scheduled meeting will be November 19, 2007 at which time more discussion of the PRD section beginning with 320.06 will begin as well as regulations for outdoor wood furnaces.
Rob Swauger made a motion to adjourn. Helen Vari seconded the motion and all ayes were heard.
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Bob Baumgardner, Zoning Commission ChairJudy Adamson, secretary