Council Continues Decision On Hydronic Heater Ordinance

The Tiverton Town Council voted to table a decision on Monday night on an ordinance that would limit residents trying to install outdoor wood-fired hydronic heaters.

After nearly two hours of discussion and a reccomendation by the town's Planning Board, council members said they needed more information on whether to erect a stand alone ordinance to govern installation of the heaters or craft one under the jurisdiction of the town's Zoning Board of Appeals. The council will revisit the ordinance at its Aug. 14 meeting. The moratoirum was enacted in summer 2011 after several residents throughout town installed the units.

Concern over public health and safety lead to what some called a stringent draft ordinance by the planning board that, if approved, would limit installation of the heaters in residents' backyards, require a 300-foot setback from the property line and a 50-foot setback from any home or additional shed or other building on the property. The ordinance also requires plans for the installation of these types of heating units to be stamped by a land surveyor and calls for air-quality monitoring.

"I understand that there needs to be reguations for these burners because people can abuse them and send smoke into their neighbors [properties] and harmful chemicals, but this ordinance seems to be way over the top," said Joseph Sousa, of 49 Hancock St.

Stephen Hughes, chairman to the town Planning Board, defended the board's restrictions.

"There is a legitimate concern for public health and safety," he said.

According to Hughes, the ordinance - as reccommended by the Planning Board - would require a lot size of at least 2 acres.

"Most people don't like overregulation and I would have to go along with that except in a situation like this when you are doing it because you no longer are living out in a rural area and your neighbor is not a mile away," agreed David Holmes, Main Road resident and Planning Board member. "These things are not intended for populated areas."

If the council votes to erect a stand-alone ordinance, it would provide little recourse to residents whose properties fall just short of the setback latitudes. However, if the council made an amendment to zoning ordinance, property owners with setbacks just short of the required footage would be able to appeal to the Zoning Board of Appeals for a dimensional variance.

"I really think that now we should just take two week," said Edward Roderick, councilman. "There are too many what ifs and we need more input from zoning and planning."

Several council members were hesitant to leave jurisdiction in the hands of the zoning board due to apparent threats to public health and safety if these hydronic boilers are constructed in populated areas.

According to Kate Michaud, of the town's Planning Department, the reccommended ordinance would largely limit installation of the hydronic heaters to the south end of town. Currently there are only six of the units in Tiverton.

Hydronic heaters are a less expensive way to heat a home, business, or greenhouse. According to the Environmental Protection Agency's website, hydronic heaters are typically located outside the buildings they heat in small sheds with short smokestacks. They burn wood to heat liquid (water or water-antifreeze) that is piped to provide heat and hot water to occupied buildings such as homes, barns and greenhouses.

"I think it is a good compromise to allow for people who have the room so that they are not causing a nuisance to their neighbors, then they can do this," said Andrew Teitz, town solicitor. "People in densly populated areas of town where they are going to be blowing smoke onto their neighbors, they're not allowed to do this and I think that is a good distinction."