[Adopted 8-7-1972 by L.L. 5-1972]
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 Planned Development District
No. 10 To Be Known as 'Crescent Estates North Section II.'"
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 "Crescent Estates North Section II."
The area of said Crescent Estates North Section
II is bounded and described as follows:
A.
All that certain tract, piece or parcel of land situate,
lying and being in the Town of Clifton Park, Saratoga County, New
York, lying northerly of Vischers-Ferry-Crescent Road, County Highway
No. 92, easterly of Moe Road and being more particularly bounded and
described as follows: Beginning at a point on the northerly margin
of Vischers-Ferry-Crescent Road, County Highway No. 92, said point
being situate at the point of the common line of lands now or formerly
of Vernon and Blanche Riel so described in Book 668 of deeds on page
216 on the northeast and lands of William and Ada M. Knecht on the
southwest, with the northerly margin of Vischers-Ferry-Crescent Road,
County Highway No. 92, and running thence from said point of beginning
along the northerly margin of Vischers-Ferry-Crescent Road, County
Highway No. 92, the following four courses: (1) south 66 degrees 02
minutes 20 seconds west a distance of 317.51 feet to a point; (2)
south 66 degrees 30 minutes 20 seconds west a distance of 360.00 feet
to a point; (3) south 69 degrees 25 minutes 50 seconds west a distance
of 255A2 feet to a point; (4) south 60 degrees 30 minutes 20 seconds
west a distance of 55.00 feet to a point in the easterly line of lands
now or formerly of Alfred J. and Doris Goyette, as described in Book
843 of deeds on page 377; thence along the lands now or formerly of
Goyette the following two courses: (1) north 06 degrees 03 minutes
10 seconds east a distance of 510.83 feet to a point; (2) north 86
degrees 38 minutes 00 seconds west a distance of 150.00 feet to a
point on the easterly line of lands now or formerly of Alvin S. Rosenberg,
as described in Book 508 of deeds on page 243; thence along said easterly
line north 07 degrees 09 minutes 30 seconds east a distance of 635.76
feet to a point; thence along the southerly line of lands now or formerly
of Alvin S. Rosenberg, in part, and along the southerly line of lands
now or formerly of Edward, Carol and Ednia Fischer, as described in
Book 678 of deeds on page 512, south 77 degrees 03 minutes 10 seconds
east a distance of 574.88 feet to the northwesterly corner of lands
now or formerly of Vernon and Blanche Riel; thence along the common
boundary line of lands now or formerly of Riel and lands of William
and Ada M. Knecht the following four courses: (1) south 17 degrees
41 minutes 00 seconds east a distance of 260.96 feet to a point; (2)
south 18 degrees 08 minutes 30 seconds east a distance of 177.38 feet
to a point; (3) south 29 degrees 01 minutes 30 seconds east a distance
of 97.16 feet to a point; (4) south 55 degrees 01 minutes 30 seconds
east a distance of 222.19 feet to the point or place of beginning
and containing 14.991± acres of land.
B.
All that certain tract, piece or parcel of land situate,
lying and being in the Town of Clifton Park, Saratoga County, New
York, lying easterly of Moe Road, northerly of Vischers-Ferry-Crescent
Road, County Highway No. 92, and being more particularly bounded and
described as follows:
(1)
Beginning at a point lying 33.00 feet easterly of
the center of Moe Road, said point being situate at the point of intersection
of the common line of lands now or formerly of Alvin S. Rosenburg,
as described in Book 508 of deeds on page 243, on the north, lands
now or formerly of Parker Sisson, as described in Book 116 of deeds
at page 1, on the south, with the easterly margin of Moe Road and
running thence from said point of beginning along the easterly margin
of Moe Road the following four courses: (1) north 06 degrees 43 minutes
10 seconds east a distance of 700.10 feet to a point; (2) north 05
degrees 28 minutes 10 seconds east a distance of 408.78 feet to a
point; (3) north 07 degrees 32 minutes 20 seconds east a distance
of 673.78 feet to a point; (4) north 13 degrees 51 minutes 20 seconds
east a distance of 778.24 feet to a point on the southerly line of
lands now or formerly of Bandos, as described in Book 842 of deeds
at page 108; thence along the common line of lands now or formerly
of Rosenburg and Bandos the following two courses: (1) south 68 degrees
35 minutes 30 seconds east a distance of 274.33 feet to a point; (2)
north 21 degrees 25 minutes 10 seconds east a distance of 148.99 feet
to a point on the southerly line of lands now or formerly of Howard
Hoffman; thence along said southerly and easterly lines of Hoffman
the following four courses: (1) south 68 degrees 34 minutes 00 seconds
east a distance of 201.51 feet to a point; (2) south 82 degrees 10
minutes 00 seconds east a distance of 220.31 feet to a point; (3)
south 86 degrees 10 minutes 00 seconds east a distance of 1,080.42
feet to a point; (4) south 04 degrees 53 minutes 00 seconds west a
distance of 347.03 feet to a point on the northerly line of lands
now or formerly of Edward C. and Ednia Fisher, as described in Book
578 of deed at page 512; thence along the northerly and westerly line
of lands of Fisher the following two courses: (1) north 87 degrees
18 minutes 40 seconds west a distance of 393.51 feet to a point; south
16 degrees 44 minutes 20 seconds west a distance of 1,135.35 feet
to a point on the northerly line of lands formerly of William and
Ada M. Knecht, now lands of Rosen and Michaels Developers; thence
along the northerly line of lands formerly of Knecht north 77 degrees
03 minutes 10 seconds west a distance of 100.81 feet to a point; thence
along the westerly line of lands formerly of Knecht and lands now
or formerly of Alfred J. and Doris Goyette, as described in Book 843
of deeds at page 377, south 07 degrees 09 minutes 30 seconds west
a distance of 1,108.45 feet to a point on the northerly line of lands
now or formerly of Park Sisson; thence along said northerly line north
85 degrees 05 minutes 00 seconds west a distance of 1,207.64 feet
to the point or place of beginning and containing 80.858± acres
of land.
(2)
Together with any right, title or interest the grantor
may have to lands lying between the center line and 33 feet easterly
therefrom of Moe Road.
(3)
The above described parcel is shown on a map entitled
"Survey, Lands of Alvin S. Rosenburg for Rosen and Michaels Developers,"
dated March 20, 1972, made by C.T. Male Associates, P.C.
C.
All that certain tract, piece or parcel of land situate,
lying and being in the Town of Clifton Park, Saratoga County, New
York, lying along the northerly margin of Vischers-Ferry-Cresent Road,
County Highway No. 92, easterly of Moe Road and being more particularly
bounded and described as follows: Beginning at a point on the northerly
margin of Vischers-Ferry-Crescent Road, County Highway No. 92, said
point being situate, south 66 degrees 02 minutes 20 seconds west a
distance of 317.51 feet from the point of intersection of the common
line of lands now or formerly of Vernon and Blanche Riel, as described
in Book 668 of deeds on page 216 on the northeast, lands of William
and Ada M. Knecht on the southwest, with the northerly margin of Vischers-Ferry-Crescent
Road, County Highway No. 92, and running thence from said point of
beginning through lands of Saratoga County the following two courses:
(1) south 61 degrees 00 minutes 20 seconds west a distance of 666.00
feet to a point; (2) north 28 degrees 59 minutes 40 seconds west a
distance of 71.45 feet to a point on the easterly line of lands now
or formerly of Alfred J. and Doris Goyette, as described in Book 843
of deeds on Page 377; thence along the existing right of way of Vischers-Ferry-Crescent
Road, County Highway No. 92, the following three courses: (1) north
60 degrees 30 minutes 20 seconds east a distance of 55.00 feet to
a point; (2) north 69 degrees 25 minutes 50 seconds east a distance
of 255.42 feet to a point; (3) north 66 degrees 30 minutes 20 seconds
east a distance of 360.00 feet to the point or place of beginning
and containing 0.541± acres of land.
A.
The development shall consist of 132 single-family
residential units and 62 townhouse residential units and include a
site of approximately 11 acres for the construction of a school. Also,
a park district and recreation area shall be provided. Said development
is described according to a sketch plan serving as a preapplication
plan in the Subdivision Law[1] setting forth the general description of the proposal.
The sketch plan and proposed use have been approved by and are on
file with the Town Planning Board of the Town of Clifton Park. These
may be changed, altered or amended by approval and recommendation
of the Planning Board.
[1]
Editor's Note: See Ch. A215, Subdivision Regulations.
B.
Before construction of Crescent Estates North Section
II 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 the Town Board and shall be filed with the
Town Clerk.
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, with final approval to rest with the Town Board,
and, on final approval by the Town Board, plans 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 of 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
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 Crescent Estates North Section II 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.
