A'burg neighbours get legal order to stop man's wood burning

Sarah Sacheli, The Windsor Star
Published: Tuesday, April 15, 2008

A'burg neighbours get legal order to stop man's wood burning

(Also, please read great Blog comments after the story!)

AMHERSTBURG -- Salvatore DeSantis has a barn filled to the rafters with firewood, but an injunction obtained by his neighbours prevents him from burning it at his Amherstburg home.

DeSantis, 73, has a wood-burning stove and a large, brick wood-burning oven in a greenhouse-like addition off the back of his Simcoe Street house. "I enjoy it," he said, referring to his ritual of throwing a log into the stove and taking a nap on the couch nearby.

But the smoke and soot from DeSantis's fires pollute the entire neighbourhood, neighbours complain. Worst affected are Shirley and James Brandie, whose ranch house next door is about nine metres from his chimneys.

Salvatore DeSantis, 73, invited The Star to check out his supply of clean, dry hardwood. DeSantis stores the firewood in a friend's shed close to his home on Simcoe Street. DeSantis's neighbour Shirley Brandie has an injunction preventing him from burning the wood.

Salvatore DeSantis, 73, invited The Star to check out his supply of clean, dry hardwood. DeSantis stores the firewood in a friend's shed close to his home on Simcoe Street. DeSantis's neighbour Shirley Brandie has an injunction preventing him from burning the wood.

In addition to logs and tree limbs, DeSantis was burning pressure-treated lumber, painted wood and composite materials, according to Shirley, who has photos she took over three years showing these materials heaped in DeSantis's backyard. Smoke would pour out of DeSantis's chimneys nearly every day, no matter the season, said Shirley.

"Even with the windows closed, fumes got in," she said. "My eyes were always burning. My throat was always sore. I was dizzy all the time."

When DeSantis ignored their pleas to stop, the Brandies and other neighbours complained to the town, the fire department and the Ontario Ministry of Environment, Shirley said.

DeSantis was made to disconnect some stove pipes and make adjustments to the chimneys, but the burning continued.

The smoke and fumes drove the Brandies from the sprawling ranch they purchased in 2000 as their retirement home. For eight months, they lived at a home vacated by relative who had moved into a nursing home. The Brandies finally hired a lawyer and turned to the courts. In May 2005, they got an injunction from a Superior Court judge that prohibits DeSantis from burning "any wood, waste or other matter leading to the release of smoke."

The injunction is in place until a judge says otherwise.

With the injunction in place, the Brandies were able to return home. The walls, carpeting, fabric blinds and furniture were covered in soot. The ductwork had to be replaced and the mattresses thrown out. The cleanup estimate was $58,000, but James did much of the work himself at a cost of about $30,000.

DeSantis said he doesn't understand his neighbours' complaints. He proudly offers a tour of his property, with a large garden and fruit trees in the backyard. A testament to his thriftiness, he got the materials for his addition as scrap from a greenhouse operation in Leamington and the logs he hopes to someday burn came from acres of woods cleared by a friend building a subdivison.

The greenhouse room helps heat the house, he says, and smells good from the dozens of pots of geraniums he stores there in the winter. The circular brick oven that dominates the space is perfect for roasting meat, he said.

"Where else are you going to find a room like this?"

DeSantis and the Brandies head to civil court in September, when the Brandies will try to get their temporary injunction made permanent.
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Read Blog comments below on this letter---------

Gammj
Wed, Apr 16, 08 at 12:55 AM
The injunction seems reasonable to me. Fireplaces and stoves in modern homes shouldn't be burning wood. Burning wood is NOT clean. There's been recent evidence that smoke from wood burning is just as bad, or worse, than inhaling cigarette smoke. It's time to get out of the dark ages and into the modern age. If you want to burn wood, go camping.

Marc & Rose B
Wed, Apr 16, 08 at 07:43 AM
We feel sorry for the Brandies and their horrible situation. Mr. DeSantis isn't represented as a very nice man in this article. He seems to be a throw back to the times when there was more space between neighbors. To live so closely to someone and not realize that you are imposing the by-products of your enjoyment onto them and to not listen to their pleas for consideration is more than just being rude or a difficult neighbor. It's against the law. Shame on the police, fire department, bylaw enforcement officers and the ruling factions of the town for not stepping up and doing their jobs. Especially, with the proof being provided to back up their claims. We feel for the Brandies because we live in town and had all the similar circumstances. Dangerous chemically treated woods, paint, plastics, hair and any and all kinds of trash being burned by neighbors that lived less than twenty feet away from our home. Burning fires 24/7 all year long. Even lighting them to burn when they weren't there. The more stink and soot that came our way the more it pleased them. And we too could not get the governing factions of our town to do their jobs. The courts should force the towns politicians, police department, fire department and bylaw enforcement officers to take on the cost of having to take this to court. Impose additional fines for the Brandies suffering through all the time wasted trying to get them to do their jobs. Fine them in addition for wasting the courts time when it has much more important matters to deal with.

D.J.
Wed, Apr 16, 08 at 10:55 AM
You should not be able to burn wood or have bon fires in any residential area....clear and simple!!!!! I'm glad this guy was forced to stop.

Marc & Rose B
Wed, Apr 16, 08 at 12:59 PM
If you check, we're sure you'll find that many of the bylaws that were broken by Mr. Desantis have been in place and established years ago to protect citizens against selfish neighbours that don't consider other people's rights. We agree with "D.J.", you should not be able to burn wood or have bon fires in any residential area. But if you pay attention to what's being said, the complaint wasn't about an occassional bon fire or burning wood for warmth or food. It was about purposefully forcing your neighbours to breath smoke and chemicals to such a degree as to have damaging effects on their health. We enjoy the smell of fresh air more than the smell of burning wood. Also, the point of who was there first has nothing to do with it. We were here first and it didn't count for beans against our abusive neighbours. Certainly, we haven't seen anyone sqabbling about who's more important when it's tax time. They tax everyone the same, so let them apply the laws equally too. This may just sound like a "bitch" about bad neighbours or "controlling people" to some of you, but be sure; if you find yourself in a similar situation where a neighbour is forcing something on you to the degree of hindering your peace and happiness, you too will complain about it. As loud as need be to get it corrected.

Peter
Thu, Apr 17, 08 at 09:46 AM
Sorry to see that many people are ignorant and brutal in their comments. Wood burning in any sort is responsable for half of the winter smog in many of our cities. More then 20K canadians die prematuraly every year because of this effect. What you burn is what you breath !! Ever heard of climate change ? We are respnsable for that. Stop yelling and act properly and responsibly!

Great Blog comments!!!!!