Efforts to amend Chapter 15 of the Roslyn Municipal Code continued at the last village meeting. Board of trustee members debated changes in the code concerning fences and pool construction.

The BOT had previously debated changes in the code concerning retaining walls and sign construction. For fences, the new code would require a building permit for the construction of any new fence on a residential property in the village. Constructed fences would not exceed a height of more than four feet. An open-wire constructed fence could be built to at least six feet in height. In addition, constructed fences could not be built closer than six inches to a property line. No constructed fence could be erected in a front yard.

The amendment would also stipulate that living fences in the front yard should not exceed three feet in height. Living fences in the backyard, however, could be maintained at any height. Such fences could not be maintained closer than one and one-half feet from a property line.

All fences must be constructed so as to permit access across the front yard to the rear yard for emergency personnel and their equipment. They must also be maintained in a way that would not interfere with the sight lines of traffic.

The pool amendments, which have captured the attention of many local residents, concern the size and depth of any new pools, plus rules regarding their maintenance. When considering applications for the construction of below-ground, semi in-ground, or above-ground pools, the Zoning Board of Appeals will look at public health, safety, and general welfare issues. The ZBA will maintain that pools will be used only as an accessory structure for a resident's family and guests. Pools to be used as an accessory to a nursery school or day camp for children will need prior approval by the Nassau County Department of Health. The ZBA must also determine that any new pool will not depreciate the value of the property in the area nor alter the "essential character" of the surrounding neighborhood.

Any in-ground or semi in-ground pool would be located only in the rear yard of the premises and be set back at least 40 feet from any property line and 40 feet also from any building or structure. An above-ground swimming pool would not be placed closer than 10 feet to any property line and 10 feet from any residential building.

Above-ground, below-ground and in-ground pools would all be able to retain water to a depth of a minimum of 24 inches at any point in the pool in a surface area of greater than 100 square feet. The water in all pools would be chemically treated so as to maintain the bacterial standards set by both the New York State and Nassau County Department of Health sanitary codes. All swimming pools, likewise, would have an efficiently operating filtering system.

Residents would be allowed to construct a five foot fence around the pool. Setbacks from side yards and rear yards of a property have been reduced from 40 to 20 feet. All pools must be 20 feet above ground from the property line.

Other features of the proposed code include mandates for acceptable drainage systems for pools, ones that prevent water from running off into adjacent properties or the street. Any lights must be shielded so as to prevent their shining upon the property of any adjacent pool owner. No amplifying systems, at least those which might cause a public disturbance or nuisance will be allowed.

The pool code applies to all such structures within the village's residential zones. Those wishing to build pools outside that zone would need a special permit from the BOT.

Appeals concerning fence policy can be made to the Historic District Board for those residents living within the Historic District. For those living outside the district, appeals would be heard by the Zoning Board of Appeals. The Historic Board or the ZBA could modify or waive fencing requirements only upon a showing that to do so would not be detrimental to the neighborhood and its residents.

Any resident aggrieved by a ZBA decision concerning pool codes may apply to the State Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.

Copies of the proposed amendments concerning both fences and pools are available at the Roslyn Village Hall, 1200 Old Northern Blvd.

During the September meeting, HDB member Guy Frost claimed that pools are a "nuisance to neighbors" yet the BOT wants to make it easier to build such a structure. Mayor John Durkin agreed that the BOT wants to help residents who plan to build pools. The mayor said that homeowners in new residential developments want pools; furthermore, he added, their neighbors don't mind pools being built. Hence, the BOT has decided to look into amending the zoning laws.