03
-..: ~od
CHARLES J. CORBALLY (1966)
JOHN J. GARTLAND, JR.
ALLAN E. RAPPLEYEA
"ANILL F. CURTIN'
FRED w. SCHAEI'I'ER
JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN'
CORBALLY, GARTLAND AND RAPPLEYEA
Athtrntt!s lt1tb ~ob1tgtlors at Jaw
BAROAVON BUILDING
3S MARKET STREET
I'LORIDA Ol'nCE::
309 BELLEVIEW BOULEVARD
BELLEAIR, I'LORIDA 33516
813'0161 3101"
POUGHKEEPSIE, NEW YORK 12601
914'454-1110
STEPHEN G. WATTS. 01' COUNSEL"
..MEtotBER Of" F"LORIOA BAR ONLY
MILTON M. HAVEN
JOSEPH 1'. HAWKINS'
COUNSEL
BRANCH OI'I'ICE:
BANK 01' MILLBROOK BUILDING
I'RANKLIN AVENUE
MILLBROOK, NEW YORK 12545
91" -677-5539
"MEMBER N. Y. AND FLORIDA BAR
May 23, 1983
Jerry Mc Cluskey, Councilman
Town of Wappinger
P. O. Box 324
Wappinger Falls, NY 12590-0324
RECEIVED
MAY 241983
EUINE H. SNOWDEN
Dear Jerry:
In response to your recent letter on the Van DeCarr situation,
please be advised as follows:
1. Kennels are covered by the "Noise Pollution Control Law
of the Town of Wappinger." That law simply states that it is a
violation of the law to permit any noise which can be heard by a
person within normal hearing distance beyond the boundaries of
property as the result of continuous animal noises between the
hours of 8 p.m. and 8 a.m.
2. Our Dog Control Law does not define kennel. However, our
zoning law states that a private kennel is one for the keeping of
three or more dogs for private rather than commercial purposes.
There is a separate definition of a commercial kennel. The Agri-
cultural Markets Law does not define a kennel.
3. I would have to defer your inquiry on whether or not Mrs.
Van DeCarr is acting in violation of the' zoning law by recent
additions to Hans as an opinion would require further investigation
of the facts.
4. If Mrs. Van DeCarr is adopting dogs, she is doing so as a
private resident. It is my understand that the town maintains
kennel spaces for strays at Dr. Hannigan's offices. Assuming that
the dogs are held there by Mrs. Van DeCarr in her capacity as the
Dog Control Officer for the period described by local law, she
like any other resident of the town, has the same rights to adopt
dogs. The presence of dogs at her house should not be deemed a
town activity.
:-....
CORBALLY, GARTLAND AND RAPPLEYEA
.'
,,-
Jerry MCCI~skey, Councilman
Page - 2 -
May 23, 1983
If you have any further questions, please let me know.
Very truly yours,
CORBALLY, GARTLAND & RAPPLEYEA
Jon Holden Adams
JHA/lh
CC: Town Board
(l c 11 ~ 51 ;1.il g3