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UntitledTOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER, SECTION 413.5, SWIMMING POOLS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, Dutchess County, and State of New York. That on June 12, 1990, your deponent posted a copy of the attached notice of Public Hearing on an Amendment to the Zoninjg Ordinance, Section 413.5 Swimming Pools, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. a V Elaine H. Snowden Town Clerk Town of Wappinger Sworn tq-before me this �'l_ BLIC =OA i�Mus�/1pN�� fiAg:v�4a► AM go PLEASE TAKE NOTICE that the Town Board of Wappinger will conduct the Town of a Public Hearin 1990 at 6:50 g on Monday, June 25th, P, M•, at the Town Hall, 20 Middlebush load, Falls, 'New York, to consider WapPingers an Ordinance Amending Of the Town of Wa g the Zoning Ordinance ppinger regarding Section 413.5 Swimmin as follows: g Pools, The following Resolution was offered by COU vho moved its adoption: NCILWON VISCONTI Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted May 29, 1990 BY ORDER OF THE TOWN BOARD ELAINE H. SNOWDEN TOWN CLERK TOWN OF WAPPINGER DATED: June 8, 1990 DATE OF PUBLICATION: June 13, 1990 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER The following Ordinance was offered by who moved its adoption: An amendment to the Zoning Ordinance of the Town of Wappinger for the purpose of amending Section 413.5 entitled "SWIMMING POOLS". BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: 1. The Zoning Ordinance of the Town of Wappinger, duly adopted on March 10, 1980 and as amended form time to time is further amended as follows: SECTION 413.5 SWIMMING POOLS A swimming pool, including accessory equipment, shall be considered a structure and shall be set back from lot lines at least the minimum distance required for an accessory building in that district. 413.51 A swimming pool, including accessory equipment, must be completely surrounded by a fence or wall enclosure. Such fence or wall enclosure shall be at least 4 feet in height have a maximum clearance to adjoining grade of 2 inches and openings, if provided, shall prohibit the passage of a 2 inch diameter sphere. Such enclosure shall resist a horizontal force of 50 pounds per foot applied at a height of 4 feet. Structural bracing shall be within the enclosure. Gates or doors shall be self-closing and self -latching with the latch handle at least 40 inches above grade or located within the enclosure. Above ground pools with at least 46 inches between pool decking or pool top and adjoining grade, are exempt from this requirement provided that access is restricted. A pool less than 24 inches deep is exempt from this requirement. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement. 413.52 All electrical facilities for filters, lights or other electrical outlets shall meet the requirements of the National Electrical Code pertaining to Swimming Pools. 2. This Ordinance shall take effect immediately upon posting and publication, as prescribed by Town Law. Seconded by: Roll Call Vote: Supervisor Smith Councilman Fanuele Councilman Incoronato Councilman Valdati Councilwoman Visconti - (2/137)—Text 12 IiOJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQ R APPUGANT /5PONSOR 2. PROJECT NAME TOWN OF WAPPINGER end Section 413.5 of Zoninq Ordinari e PROJECT LOCATION: Municipality Town of Wappinger County Dutehess a PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) N/A IS PROPOSED ACTION: q�-�,t ❑ New 0 Expansion �L'9 Modification/alteration r DESCRIBE PROJECT BRIEFLY: Upgrade fencing requirements for swimming pools t ! AMOUNT OF LAND AFFECTED: N/A Initially acres Ultimately acres r WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? L ] Yes ❑ No If No, describe briefly i I WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? nn Ll Residential L_ i Industrial ❑ Commercial Agriculture LJ� Park/ForesVOpen space Other Describe: N/A DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM, ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL}? u Yes No If yes, lis, agency(s) and permitiapprovals i ty� DOES ANY ASPECT OF THE AC–,!CN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? J Yes UNo :f ves, list agency name and permitlapproval i a I ArS�A RESULTOFPROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? 3 :__I Yes `tom No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Town Boar Town of Wa in er June 20 1990 Aaplicantlsponsor name: Date: I A S,innature: OVER 1 rHn, „- —....._....._.. A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? ❑Y ERNo 11 yes, coordinate the review process and use the FULL EAF. es B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? may be superseded by another involved agency. ❑ ® No If No, a negative aeclaration Yes C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposa:. potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain brief No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. No C6. Long term, short term, cumulative, or other effects not identified In C1-05? Explain briefly. No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? LJ Yes EN No If Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring: (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Town Bora-rd Town of Wappinger Name of Lead Agencv Constance O. Smith Supervisor Print or Type Name or Responsibie Otticer in Lead Agencs Title or Responsmie Orticer S gnature of Responsible Otticer m Lead Agency Signature of Preparer (It drtterent rrom responsiDie otncer, June -:d 7 9 9 0 ate UUICHESS COUNTY DEPARTMENT OF PLANNING RECEIVED ZONING REFERRAL l4unlc1pality 7r- V J Referring Agency Tax or Parcel Numbcr Project Name Applicant Address of Property Type of Action: Text Amendment Rezoning Site Plan Use Va ria nce Area Va ria nce Special Permit Other J UN 2 1 1990 ELAINE SNOWDEN Jurisdictional Determinant_ State Road ( ) County Road - ( ) State Property ( ) County Property ( ) Municipal Boundary ( ) Drainage Channel Date Requested , Has this site been the subject of a previous referral? Outchess County -Department of Planning Referral Number FOR COUNTY OFFICE USE ONLY: No Comments: Comments Attached: Matter of Local Concern Local Decision with Comment No Jurisdiction ( ) t Conditional No Authority ( ) Denial Date of Submittal �) Date Report- Requested Date Report Required 7 Date of Transmittal I;evicwer. 1 Logged in Rcfcrrd 1 liumf�rf 11a j<3i- Pro j._C,_ M )e-- ; ., "''. RESOT U'I'ION WHEREAS, the Town Board, at its May 29, 1990 Town Board meeting, introduced an ordinance amending the Zoning Ordinance of the Town of Wappinger, specifically Sec. 413.05 regarding Swimming Pools; and WHEREAS, the Town Board has scheduled a public hearing for 6:50 P.M. , June 2', 1990, regarding the adoption of the proposed amendment. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines that it is the only involved agency in the adoption of this proposed amendment and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related Title 6 part 617 NYCRR. 2. The Town Board has caused to be completed part 1 and part 2 of a short from EAF for this project, in the form annexed hereto as Exhibit A. 3. The Town Board has reviewed the intended action with respect to the criteria set forth 'in part 617.11 NYCRR, and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATICK OF SIGNIFICANCE for this project. 4. The Town Supervisor is hereby authorized to execute part 3 of the short form EAF and further directs the Town Clerk to provide for the filing and distribution of same as provided by law. The question of the adoption of the foregoing Resolution was duly put to q vote on rol:�,call, which resulted as follows: VOTING�� �gL_VOTING qnJA1±jJ44d.dA. �. rr�.. c 1' VOTING QMl,M,.,0•t,,� V4u1L VOTING VOTING The Resolution was thereupon declared duly adopted. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER The following Ordinance was offered by who moved its adoption: An amendment to the Zoning Ordinance of the Town of Wappinger for the purpose of amending Section 413.5 entitled "SWIMMING POOLS". BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: 1. The Zoning Ordinance of the Town of Wappinger, duly adopted on March 10, 1980 and as amended form time to time is further amended as follows: SECTION 413.5 SWIMMING POOLS A swimming pool, including accessory equipment, shall be considered a structure and shall be set back from lot lines at least the minimum distance required for an accessory building in that district. 413.51 A swimming pool, including accessory equipment, must be completely surrounded by a fence or wall enclosure. Such fence or wall enclosure shall be at least 4 feet in height, have a maximum clearance to adjoining grade of 2 inches and openings, if provided, shall prohibit the passage of a 2 inch diameter sphere. Such enclosure shall resist a horizontal force of 50 pounds per foot applied at a height of 4 feet. Structural bracing shall be within the enclosure. Gates or doors shall be self-closing and self -latching with the latch handle at least 40 inches above grade or located within the enclosure. Above ground pools with at least 46 inches between pool decking or pool top and adjoining grade, are exempt from this requirement provided that access is restricted. A pool less than 24 inches deep is exempt from this requirement. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement. 413.52 All electrical facilities for filters, lights or other electrical outlets shall meet the requirements of the National Electrical Code pertaining to Swimming Pools. 2. This Ordinance shall take effect immediately upon posting and publication, as prescribed by Town Law. Seconded by: Roll Call Vote: Supervisor Smith Councilman Fanuele Councilman Incoronato Councilman Valdati Councilwoman Visconti Q44 r �3 �1 ..