Outdoor burning in South Frontenac

Craig Bakay | Aug 02, 2017

South Frontenac Council expects to have a bylaw concerning outdoor furnaces coming before it at a September meeting following a report from Manager of Development Services Forbes Symon and the testimony of two residents opposed to their neighbor’s furnace. Symon told the regular meeting of Council in Sydenham that the key elements of the bylaw governing Outdoor Solid Fuel Burning Appliances (OSFBA) included:

• Distinction between different types of OSFBA certification — those which are certified as being low particulate matter emitters and those which are certified based on conventional emissions

• Restrictions on where OSFBAs may be located on a lot — side and rear yard only, distances from neighbouring dwellings

• Prohibiting OSFBAs in settlement areas (hamlets, villages, registered plans of subdivision and condominiums)

• Prohibiting OSFBAs from being used for the incineration of waste

• Generally limiting operation of OSFBAs to Oct. 1 to May 1 • Grandfathering existing OSFBAs but requiring replacement units to comply with the bylaw

• Requiring building permits for new OSFBAs

• A statement which gives Council authority to take action against any OSFBA which is deemed by Council to be a public nuisance.

Resident Mary Royer said that she hadn’t been able to open her windows for six months before her neighbour’s furnace was shut down July 17. “It’s in the lawyer’s hands now,” she said. “I couldn’t use my backyard because of the fog,” said resident Jim Varrette. “We’re not going to put up with another winter of delays. “I can’t retire there so I might as well use my retirement money going to court.” Councilors were generally in favour of the bylaw but many felt there was still some tweaking needed. Mayor Ron Vandewal perhaps summed up Council’s concerns best. “I’m looking at condominiums now where we have seven-acre lots,” Vandewal said. “And Battersea to Sunbury is essentially a hamlet but most of it is rural. “I do have some concerns about language and measurement but generally I’m in favour of the bylaw.” Some battle lines may be being drawn. Manager of Development Services Forbes Symon presented two reports that could be opening salvos in a festering jurisdictional squabble between South Frontenac Township and Frontenac County when it comes to the approval of subdivisions and condominiums. The first report was on the subdivision and condominium approval process and the second on monitoring conditions during the approval process for plans of subdivisions and condominium approval. The discussion began as an examination of the flowcharts Symon presented for the process but it wasn’t long before several councilors reiterated dissatisfaction with the County having the final say instead of the Township. The term ‘delegated approval authority’ started to surface shortly after approval authority was transferred to the County from the Province last year. It was back at Tuesday night’s meeting. “We are the closest government level to the constituents and we should be responsible for the approval authority,” said Coun. Mark Schjerning. Coun. Ross Sutherland expressed similar thoughts. However, Mayor Ron Vandewal said he thought the County process has changed somewhat recently and urged a wait-andsee attitude.