MONDAY MAY 15, 2006

7:00 P.M.


Board Members:                    Gary Brahler

Floyd Fernandez

Edward Metzger

Regan Starkey

Bill Ehlers


Alternate Board Member:    Dale Riggenbach


Zoning Inspector:                  Keith Lasure


Trustee(s) Present:               Lisa Shafer


Purpose:         Organizational Meeting and to consider an amendment to the Nimishillen

Township Zoning Resolution:  Proposed Amendment: Section 602.12


Furnaces which are not a part of the principal building shall require a

setback of 15 feet from the side and rear property lines and from any

building including the residence.  Outdoor Wood Burning Furnaces shall

not be permitted in any front yard.  The chimney height of any Outdoor

Wood Burning Furnace located fifty (50) feet or less from any residence

not served by the furnace shall be at least two (2) feet higher than the

eaves line of the unserved residence.  Any appeals from any actions or

rulings of the Zoning Inspector can be appealed to the Board of Zoning



Chairman Brahler brought the meeting to order at 7:00 PM and introduced new board member, Bill Ehlers, and alternate board member, Dale Riggenbach.


Acting Secretary, Floyd Fernandez, read the recommendation from Stark County Regional Planning for the proposed amendment to add Section 602.12, Outdoor Wood Burning Furnaces, to Article VI, General Standards and Special Provisions.  The Regional Planning Commission recommends approval of the proposed text change, with the understanding the township’s legal counsel concurs. (Copy attached). 


Mr. Brahler opened the proposed amendment hearing for discussion and asked the Board if they had any questions for Zoning Inspector, Keith Lasure.


Mr. Metzger had the following concerns:


  • Wouldn’t wood burning furnaces not fall under accessory structures that we already have
  • It would not have to be a part of the principal building (feels the wording is somewhat vague)
  • What if adjoining neighbors have separate eaves lines – a lot of the new houses have many eaves lines – thinks this could cause a problem – feels we need a definition of eaves line
  • Feels there are a lot of things that could be brought up and be cause for litigation


Mr. Lasure said the first time wood burning furnaces are enforced, there would probably be litigation and felt that Mr. Metzger brought up a lot of good points.  Discussion followed between Mr. Metzger and Mr. Lasure regarding Mr. Metzger’s concerns on setbacks and EPA’s involvement.


Mr. Ehlers commented that a 15-foot setback is better than a 10-foot setback and said subdivisions should have restrictions.  Mr. Metzger feels wood burning furnaces should no be allowed in R-1 Districts.  Discussion followed.


There was also discussion regarding wood burning furnaces being nothing more than an incinerator stating basically anything could be burned including garbage.


Mr. Lasure read correspondence he received from Stark County Prosecutor, Sharon Miller, regarding a definition on eaves lines.  She stated there is no definition in the zoning book but thinks it is a general enough term to be okay as is, but recommended that it should be clarified.  She said at this point, it is good enough and said Regional Planning may have suggestions as well.


Mr. Ehlers commented on the following:


  • People will invest a lot of money ($7,500.00) for these furnaces and feels at this price a lot of people won’t buy them, but some will
  • Stated there’s probably a chimneystack height that the manufacturer recommends and the higher you go, the more creosote you get and the creosote can catch on fire, which creates a fire hazard.  Discussion followed.
  • At 2 feet above the roofline, how will the chimney be supported?  He said there would have to be a lot of wires to support such a high chimney.  Discussion followed.


After more discussion, Mr. Brahler asked the Board for a recommendation.


Mr. Metzger recommended that Outdoor Wood Burning Furnaces be restricted to R-R Rural Residential Districts and make available in R-1 Single Family Residential Districts a Conditional Use Permit which would be renewable yearly, and to require a permit fee in the amount of $30.00, adhere to accessory structure guidelines and be 2 feet higher than the highest eaves line of the unserved residence, seconded by Mr. Starkey.


The roll call vote went as follows:


                                    Floyd Fernandez          -           In Favor

                                    Bill Ehlers                   -           In Favor

                                    Gary Brahler               -           In Favor

                                    Regan Starkey             -           In Favor

                                    Edward Metzger          -           In Favor


All were in favor.  Motion carried.


The Nimishillen Township Zoning Commission Board APPROVED the proposed amendment to restrict the furnaces to R-R Rural Residential Districts and to make available in R-1 Single Family Residential Districts a Conditional Use Permit which would be renewable yearly and to require a permit fee in the amount of $30.00 and residents would be required to adhere to accessory structure guidelines and to be 2 feet higher than the highest eaves line of the unserved residence.


This recommendation will be forwarded to the Nimishillen Township Board of Trustees to be heard at the regular Trustees Meeting on Thursday, June 8th, 2006 at 8:00 PM.




Election of officers for the year 2006 was held.


Floyd Fernandez motioned to retain Gary Brahler as Chairman, seconded by Regan Starkey.  All were in favor.  Motion carried.


Mr. Metzger motioned to appoint Floyd Fernandez as Secretary, seconded by Regan Starkey.  All were in favor.  Motion carried.


Next on the agenda was choosing what day and time meetings should be held.  Floyd Fernandez motioned to meet on any Monday at 7:00 PM, seconded by Ed Metzger.  All were in favor.  Motion carried.


There was no old business.  New business had Mr. Lasure ask the Board’s feelings on rezoning the area of SR44 & Columbus Road making 1.78 acres B-3 because it butts up against a B-3 property or to look at trying to get the whole strip rezoned.  After discussion, the Board said they would take a look at it when it comes up for rezoning.


Mr. Brahler asked for a motion to adjourn.  Regan Starkey motioned to adjourn, seconded by Floyd Fernandez.  All were in favor.  Motion carried.  The meeting adjourned at 7:40 PM.








                                    Gary Brahler, Chairman





                                    Floyd Fernandez, Secretary