1969-08-25 PHA Public Hearing was held by the Town Board of the Town of Wappinger
on August 25, 1969, at the Town Hall, Mill Street, Wappingers Falls,
New York, on an Ordinance Regulating the Fencing of Swimming Pools
in the Town of Wappinger.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Leonce Heady, Councilman
James Mills, Jr., Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Rudolph, Engineer to the Town
Joseph Ludewig, Building Inspector
Allan Rappleyea, Attorney to the Town
Supervisor Diehl opened the Public Hearing at 9:00 P.M.
The Town Clerk offered for the record, the Affidavit of Posting duly
signed and notarized, and the Affidavit of Publication duly signed
and notarized by Beatrice Osten, Editor -Publisher of the W&SD News,
and is attached hereto and made a part thereof of the Minutes of
this Hearing.
Mr. Diehl explained that the Ordinance did need more work on it.
Mr. Clausen thought that it did not spell out clearly the requirements
of the fence or installation, it left a lot of doubt. In some cases
the fence height would be below the pool height.
Mr. Sporcynski also questioned the factor, what about a 22foot pool,
did that have to be fenced ?
Mr. J. Reese asked about a 32 foot pool, did that require fencing?
Mr. Cortellino thought there should be a lock device on the gates.
Mr. Rappleyea explained the recommended lock device; one which could
be opened from the inside or by reaching over.
Rebecca Garbin asked if a ladder had to be up in an above the ground
pool.
Mr. Frisina asked about the size of the fencing. The Town Clerk read
the section pertaining to this.
Herman Schuller asked what age is a small child, it could pertain to
all ages.
'13'Ie-
Mr. Chrystie asked if the fencing was considered part of the con-
struction of the pool or a separate permit.
Mike Poland wanted to know why pools were more of a hazard than open
bodies of water.
Mr. Coughlin thought parents should take care of their children, why
should other people be put through the hardship of putting up fences.
Mr. Steinberg said that a fence would still be accessible, what was
the Board trying to accomplish.
MR. FINNAN moved to close the hearing, seconded by Mr. Heady and
carried.
The Hearing closed at 9:30 P.M.
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Elaine H. Snowden
Town Clerk
II II I III
�.2.a D.
NEWS
DISPLAY ADVERTISING
AX 7 — 3724
CLASSIFIED ADVERTISING
20 EAST MAIN STREET • WAPPINGERS FALLS, N.Y,
PLEASE TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct a public hearing at the Town Hall, Mill Street,
Wappingers Falls, New York, on August 25, 1969 at 8:30 P.M. EDT
to hear all persons concerning an Ordinance Regulating the Fencing
of Swimming Pools In the Town of Wappinger.
ORDINANCE
Ordinance Regulating tnk :'arcing
of Swimming Pods .,
Town of Wapp„.;a
Introduced by Councilman Clausen
BE IT ENACTED by the Town Board of tnei Town of Wappinger,
Dutchess County, New York, as foi,o,
SECTION I "Swimming pool,” : J.
The term "swimming pool" as its ordinance shall mean
and Include any body of water or-.-.,;p;;,cls of water having a depth
at any point greater than two an,: half feet and constructed,
Installed or maintained for sw,mr.,. - --poses in or above the
ground. This definition shall not i,, ,...e bod.es of water.
SECTION II Fence or similar :.ar'.:- .urround,-g swimming pool
required.
Every person in possession of lana :z. nin the Town of Wappinger„
exclusive of the incorporates Vil:a,: Wappingers Falls, either an
owner, purchaser under contract, eas•ie, tenant or licensee, upon
which there is situated a swimming pori shall at all times maintain on
the lot or premises upon which sai(' swimming pool is located, and
completely surrounding such swimming pool lot or premises, a fence
4 or other solid structure designed to prevent small children from
wandering into such swimming pool.
SECTION III Height of, openings in fence or barrier.
The fence or other structure required as provided in Section II shall
be not less than four (4) feet in height with no openings, other than
doors or gates, except as follows:
la) For a fence or other solid structure whose chief covering
members are constructed in a vertical direction, there shall be no
opening in a horizontal direction of more than six (6) inches.
(b) For a fence or other structure whose chief members are
constructed in a horizontal direction, there shall be no opening in a
vertical direction of more than six (6) inches.
(c) A wire fence shall be of the "armored or ornamental" type with
openings in the mesh not exceeding six (6) inches.
Id) There shall be not more than six (6) inches from the bottom of
the fence to the ground line.
SECTION IV Gate, door around fence or barrier.
Each fence or barrier around a swimming pool shall be equipped
with gates or doors opening through such enclosure which shall
contain a latching device which can be secured by a locking devise.
SECTION V A violation of this ordinance shall be deemed t: k...a a
violation pursuant to the terms of the Penal Law of the State o!'.ew
York and such violation shall be punishable as provided in the Penal
Law of the State of New York and the Code of Criminal Procedure.
SECTION VI This ordinance shall take effect on May 15, 1970.
Seconded by Councilman Mills
AFFIDAVIT OF PUBLICATION
State of New York.
County :A )uccheu,
Town or Wappinger.
3ea>FiG4 Rat�[� of the
Town of W�ppinger, Dutcheu County. 'New York.
being duly sworn. says that site is, and R the several
times hereinafter was, the...G9:04i,tPT: FPGIiSDCi ...of
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year .n the Town of Wappinger,
Dutchess County, New York, and that the annexed
NOTICE was ou1y published in the :aid newspaper for
one week succeuivelyonce in each week.
commencing on the 14th day of August
19.CA and on the followiag dates thereafter, namely on
and ending on the...Mil...day of AKgVits
1969. both days inclusive. r
11 r
•
Subsc.*lbed and sworn to before me ;s
this.. 4 day of,. �•. e r•b't�t 19... ;
�....t•.•4....L•••‘•.;-$-.1,•c";•
...�
Notary Public J `
e.xpues...\.�..1 •
A Public Hearing was held by the Town Board of the Town of Wappinger
on August 25, 1969, at the Town Hall, Mill Street, Wappingers Falls,
New York, on an Ordinance Amending the Zoning Ordinance of the Town
of Wappinger (Planned Industry).
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Leonce Heady, Councilman
James Mills, Jr., Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Rudolph Lapar, Engineer to the Town
Joseph Ludewig, Building Inspector
Allan Rappleyea, Attorney to the Town
Supervisor Diehl opened the Public Hearing at 8:15 P.M.
The Town Clerk offered for the record, the Affidavit of Posting duly
signed and notarized, and the Affidavit of Publication duly signed
and notarized by Beatrice Osten, Editor -Publisher of the W&SD News,
and is attached hereto and made a part thereof of the Minutes of
this Hearing.
Supervisor Diehl asked for those who wished to speak on the Ordinance.
Mr. Cortellino asked who polices an emergency, who advise* of the
density of pollution, who checks gas?
Mr. Rappleyea explained that policing would be zoning.
Discussion followed on who would do the enforcing, it was agreed that
Mr. Ludewig, the Zoning Administrator, would be the one.
Mr. Steinberg, President of Edgehill Civic Association thought that
standards should be set, it would make it easier for Mr. Ludewig to
enforce the Ordinance.
Mr. Sherman expressed the opinion that the Board was acting in good
faith in passing this Amendment, they would be protecting the residents.
Mrs. Sporcynski stated that this was the time for guide lines to
follow.
Mr.Chrystie suggested that the Town Board make records available
to the Planning Board or Zoning Administrator.
MR. MILLS moved to close the Hearing, seconded by Mr. Clausen and
carried.
The Public Heating closed at 8:45 P.M.
AAZIt,,cw
Elaine H. Snowden
Town Clerk
W. and Z. D.
NEWS
DISPLAY ADVERTISING s- CLASSIFIED ADVERTISING
AX7-3724
20 EAST MAIN STREET . WAPPINGERS FALLS, N.Y.
r
PLEASE TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct a public hearing at the Town Hall, Mill Street,
Wappingers Falls, .New York, on August 25, 1969, at 8:00 P.M., EDT
;to hear all persons concerning an Ordinance amending the Zoning
'Ordinance of the Town of Wappinger.-
., AN ORr)INANCE AMENDING THE
ZONING ORDINANCE OF THE
TOWN OF WAPPINGER
'The following Ordinance was introduced by Councilman Clausen,
who moved Its adoption.
BE IT ENACTED AND ORDAINED by the Town Board of the
Town of Wappinger, Dutchess County, New York, in pursuance of
the authority ,conferred by the laws of the State of New York, as
follows:
SECTION 1.
a The Town of Wappinger Zoning Ordinance, adopted January '29,
1963, es amended from time to time is hereby further amended to
provide that the classification designated PI (Planned Industry,)
pursuant to Section 423 of the Zoning Ordinance shall read as
follows:
PI
Planned Industry (Subject to site plan review by Planning Board
Section 440.) •
1. Any industrial or manufacturing use, including fabrication,
converting, processing, altering, assembly or other handiing of
products, the operation of which uses only electric power not
generated on the site (except in emergencies), and which use
normally will not cause or result in any (1) dissemination of noise,
vibration, excessive light, odor, or other atmospheric pollutant
beyond the boundaries of the site on which the use is located; (2)
menace by reason of fire, explosion, atomic or induced radiation or
other physical hazard; (3) harmful discharge of waste materials; (4)
unusual traffic hazards or congestion due to the type and number of
vehicles associated with such use; (5) electrical, visual or physical
interference with aircraft landing, take -off and other maneuvers.
a. Any accessory building or use customarily incidental to a
'permitted use. (Signs and lighting regulated as in the LB District.)
i SECTION 11.
This Ordinance shall take effect upon adoption and publication as
provided by Town Law.
.Seconded by: Councilman Finnan
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AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutcheu.
Town of Wappinger.
Beat{ice Ostgn of the
Town of Wappinger. Dutcheu County. New Yak
being duly sworn, says that she is. and ft the several
times hereinafter was. the...G9: cr4t tP:: ?tliiilgt ...of
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger.
Dutchess County, New York. and that the annexed
NOTICE was duly published in the said newspaper for
...4ri@ ....week succeuively..91 9.... in each week.
commencing on the...7MI...day of...4V&V%tb
1969. and on the following dates thereafter. namely oa
and ending on the.1401, day of. August,
19.68 both days inclusive.
QCf -ti c�C
Subscribed and sworn to bef a me
this 1 day of
Notary Public
My commission expires.. .,.'Lc.,,Gle.Zk2.� �� 7
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