Backyard Boiler Smokes, Neighbors File Complaint

ERMA — Two S. Andrielle Lane homeowners filed a complaint with Lower Township police Sun. Oct. 23 against their neighbor, Pawel Banach, for smoke coming from a wood-burning boiler in his backyard.
The boiler was a topic of discussion at an Oct. 20 Planning Board meeting.
Adjoining property owners and folks who live down the street have complained to the township that the boiler sends smoke inside their homes.
Township Council passed an ordinance Oct. 3 that allows residents or township officials to sign a complaint against a neighbor operating a wood-burning boiler in their backyard.
The ordinance states “No person operating an outdoor wood burning boiler, outdoor furnace, outdoor wood heater or outdoor wood-fired hydronic heaters shall allow smoke or other products of combustion to escape in such a manner as to be offensive, obnoxious, injurious to any person or to create a nuisance of any duration that negatively impacts any property….”
Diane Morton, a S. Andrielle Lane resident, told the Herald she started smelling smoke at about 6 a.m. Oct. 23 while the sky was still dark. She said she and husband, James, sleep with windows open.
“I started to smell smoke and I thought ‘No, it can’t be him because he told us he wasn’t going to light it off until November 1,’” said Diane Morton. “And then it got stronger and stronger and I finally just shut the windows.”
She said when the sun rose, “There was just smoke everywhere.”
“It’s not like a fireplace,” said Diane Morton.
She said she called police in order to have a witness of the smoky conditions. An officer arrived on scene and drove around the neighborhood. He informed the Mortons and neighbor Nick Thomson they would need to file a complaint at the police station.
Diane Morton said she signed the complaint under the township’s new smoke ordinance as a “nuisance and a health hazard.” She said the outdoor boiler has not been on since she filed the complaint.
Township Manager Michael Voll and Police Chief Brian Marker met with Diane Thompson Wed., Oct. 26. Voll said they explained the court process including a plea date and a possible hearing.
Diane Morton videoed the smoke which accompanies this story on the Herald website. The video will presented to the Municipal Prosecutor. Voll said the video would also be sent to the county Board of Health and state Department of Environmental Protection.
Diane Morton said when Banach loads wood in the boiler, the smoke billows even more.
About 25 neighbors attended the Oct. 20 Planning Board meeting. The Planning Board cannot ban outdoor boilers and sent the matter back to Township Council.
Even if council passes an ordinance banning outdoor wood-burning boilers in the township, Banach’s boiler may be “grandfathered in” and allowed to remain since an ordinance was not in effect when the boiler was installed.
Voll said he believed if enough complaints were signed against the boiler, municipal court could pass the complaints to Superior Court for an opinion.
“It’s unhealthy, it’s not green,” said Diane Morton. “It’s not environmentally safe.”
She said she hoped Banach would reconsider what he is doing to the neighborhood.
Earlier this month, Banach told the Herald the wood-burning boiler is no different than a fireplace. Everyone else in the neighborhood has a fireplace, he said.
“I was told if it was in my house, it would be okay,” said Banach.
The item in question is Central Boiler E Classic 2400. He said the boiler heats his house, water and swimming pool and reduced heating costs from $1,000 to $8 last year.