[Adopted 11-23-1970 by L.L. 4-1970]
This local law shall be known and may be cited
as a "Local Law Amending Local Law No. 2-1967 of the Town of Clifton
Park, Entitled 'Local Law Relating to Zoning for the Town of Clifton
Park,'[1] Providing for the Creation of a Planned Development District
To Be Known as `Planned Development District No. 6, Foxwood.'"
Chapter 208, Zoning, of the Code of the Town of Clifton Park and the Zoning Map of the Town of Clifton Park as set forth therein and made a part thereof be and the same hereby are amended by changing from Residence District R-1 a portion thereof as hereinafter described and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 6, Foxwood."
The area of said Planned Development District
No. 6, Foxwood, is bounded and described as follows: All that tract,
piece or parcel of land situate in the Town of Clifton Park, Saratoga
County, New York, lying southerly of Vischers-Ferry-Crescent Road,
easterly of lands now or formerly of Harriet Rousselle, Westerly of
Sections 6, 7 and 8 Crescent Estates and being further bounded and
described as follows: Beginning at the point of intersection of the
southerly margin of Vischers-Ferry-Crescent Read with the westerly
line of lands now or formerly of Fredette as described in Book 664
of deeds at page 100 and runs thence along the westerly line of lands
now or formerly of Fredette south 29 degrees 10 minutes 40 seconds
east 435.60 feet to a point; thence along the southerly margin of
lands now or formerly of Fredette and lands now or formerly of Noonam
north 60 degrees 49 minutes 20 seconds east 200.00 feet to a point
in the westerly margin of lands now or formerly of Fleming as described
in Book 716 of deeds at page 135 and runs thence along the westerly
and southerly margin of lands now or formerly of Fleming the following
two courses: south 29 degrees 10 minutes 40 seconds east 94.40 feet
to a point; thence north 60 degrees 49 minutes 20 seconds east 150.00
feet to a point in the westerly margin of Map No. 6, Crescent Estates;
thence along the westerly margin of Map Nos. 6, 7 and 8, Crescent
Estates, the following 13 courses: south 3 degrees 44 minutes 00 seconds
west 247.0 feet to a point; thence north 86 degrees 50 minutes 50
seconds east 32.75 feet to a point; thence south 00 degrees 31 minutes
50 seconds east 913.79 feet to a point; thence north 87 degrees 35
minutes 50 seconds east 55.0 feet to a point; thence south 2 degrees
24 minutes 10 seconds east 240.0 feet to a point; thence south 70
degrees 05 minutes 50 seconds west 405.00 feet to a point; thence
south 4 degrees 56 minutes 10 seconds west 492.17 feet to a point;
thence south 39 degrees 24 minutes 10 seconds east 385.00 feet to
a point; south 3 degrees 37 minutes 40 seconds west 94.21 feet to
a point; thence south 18 degrees 37 minutes 20 seconds west 316.68
feet to a point; thence south 2 degrees 55 minutes 40 seconds east
280.00 feet to a point; thence south 19 degrees 55 minutes 40 seconds
east 453.00 feet to a point; thence south 2 degrees 49 minutes 20
seconds west 345.00 feet to a point on the northerly margin of lands
of Niagara Mohawk Power Corporation; thence along said margin north
78 degrees 40 minutes 40 seconds west 66.75 feet to a point; thence
northerly and westerly along the center line of the stream dividing
the lands herein described and lands of Howard D. Hoffman a distance
of 1,590 feet to a point, a straight line distance between the last
two mentioned points being north 44 degrees 15 minutes 50 seconds
west 1,176.31 feet to a point; thence along the division line between
the lands herein described and lands of Howard D. Hoffman and lands
of Harriet Rousselle north 00 degrees 17 minutes 30 seconds West 2,492.34
feet to a point; thence along the southerly margin of lands of Paul
Rousselle and lands now or formerly of Keevern north 60 degrees 49
minutes 20 seconds east 360.85 feet to a point; thence along the easterly
margin of lands now or formerly of Keevern north 14 degrees 10 minutes
40 seconds west 450.97 feet to a point in the southerly margin of
Vischers-Ferry-Crescent Road; thence along said margin north 60 degrees
49 minutes 20 seconds east 200.00 feet to the point or place of beginning,
containing about 56.30 acres of land.
There shall be constructed within the area of
said Planned Development District No. 6, Foxwood, multiple dwellings,
streets, a swimming pool, recreational facilities and public space,
which shall include an office, laundry room, stairwells and maintenance
areas, all as set forth on a sketch plan heretofore approved by and
on file with the Town Planning Board of the Town of Clifton Park,
as follows:
A.
Foxwood shall be developed in the following manner:
There shall be constructed a street to be known as "Foxwood Drive,"
together with connecting streets, a swimming pool, 72 two-and-one-half-story
garden apartment buildings, each containing 11 dwelling units for
a total of 792 units. There shall be included in said 792 units the
following: 319 one-bedroom units and 473 two-bedroom units. There
may be constructed an entrance sign and shelter.
B.
Before construction of Foxwood is started or any building
permit is issued relating thereto, final plans and specifications
shall be submitted to and approved by the Town Planning Board and
filed with the Town Clerk.
C.
During the construction of Foxwood, there shall be
constructed, as set forth as part of the plans and specifications
to be approved by the Town Planning Board, parking areas providing
parking for no fewer than 1.75 vehicles per dwelling unit.
A.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and in strict compliance with the New York State Building Code. All
construction shall be performed subject to the direction and control
of a duly licensed architect and when completed shall be certified
as having been constructed in full compliance with the New York State
Building Code. The plans and specifications shall be approved by the
Town Planning Board and on approval by the Town Planning Board shall
be filed in the office of the Town Clerk. The architect performing
the work herein described shall be employed by and at the sole expense
of the developer. All construction, during performance thereof and
upon completion, shall be subject to the inspection and approval of
the Town Building Inspector.
B.
All roads and/or streets to be constructed pursuant
to this local law shall be constructed pursuant to specifications
at that time in effect for the construction of Town highways in the
Town of Clifton Park. Within 90 days after written demand is made
therefor by the Town of Clifton Park, the developer, or the successor
in interest of the developer, shall transfer and convey to the Town
of Clifton Park by warranty deed with lien covenant, free and clear
of all liens and encumbrances, any or all streets as may be demanded
by the Town Board within the area hereinabove described.
This amendment shall be deemed automatically
revoked and void and the previous regulations shall obtain if, within
12 months from the effective date of this local law, commencement
of the construction of Foxwood has not begun or, if after construction
has begun, unless substantial progress continues without undue interruption
thereafter. As to the area within which a building or buildings have
been constructed pursuant to this local law, there shall be no voiding
of this amendment, and as to said area and building or buildings,
this amending local law shall continue in full force and effect, and
the area zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amending
local law, plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed. For proper cause
shown, the Town Board may, under such terms and conditions as it deems
proper, waive the requirement that substantial progress shall continue
without undue interruption.
