[Adopted 8-19-1974 by L.L. 3-1974]
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. 14 To Be Known as 'Crescent Estates Huntwood.'"
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 Huntwood."
A.
The area of said Crescent Estates Huntwood consists
of 46.05 acres and is bounded and described as follows: The area is
located on the east side of Moe Road approximately 1.1 miles north
of Crescent Road.
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 and being more particularly bounded
and described as follows:Beginning at a point on the easterly margin
of Moe Road, said point being situate at the point of the common boundary
line of the lands now or formerly of Theodore and Anna Carlson as
described in Book 422 of deeds on page 89 on the north and lands now
or formerly of New Scotland Development Corp. as described in Book
864 of deeds on page 262 on the south, with the easterly margin of
Moe Road, as established 33.0 feet easterly of the existing center
line and running thence from said point of beginning easterly along
the common boundary line of the aforementioned lands now or formerly
of Theodore and Anna Carlson and lands now or formerly of New Scotland
Development Corp. south 85 degrees 47 minutes 30 seconds east a distance
of 1,167.59 feet to a point; thence northerly along the common boundary
line of the aforementioned lands now or formerly of Theodore and Anna
Carlson and lands now or formerly of New Scotland Development Corp.
north 06 degrees 21 minutes 10 seconds east a distance of 26.17 feet
to a point; thence easterly along the common boundary line of the
lands now or formerly of Paul A. Schumacher as described in Book 430
of deeds on page 329 and the aforementioned lands now or formerly
of New Scotland Development Corp. south 87 degrees 08 minutes 50 seconds
east a distance of 1,048.74 feet to a point; thence southerly along
the common boundary line of the lands now or formerly of Theodore
and Stacia Binkowski and the aforementioned lands now or formerly
of New Scotland Development Corp. south 06 degrees 50 minutes 10 seconds
west a distance of 1,004.36 feet to a point; thence westerly along
the common boundary of lands now or formerly of Theodore and Stacia
Binkowski and the aforementioned lands now or formerly of New Scotland
Development Corp. north 85 degrees 25 minutes 30 seconds west a distance
of 1,247.40 feet to a point; thence westerly along the common boundary
line of the lands now or formerly of John A. Bellanger as described
in Book 871 of deeds on page 53 and the aforementioned lands now or
formerly of New Scotland Development Corp. north 85 degrees 09 minutes
10 seconds west a distance of 425.75 feet to a point; thence westerly
along the common boundary line of the aforementioned lands now or
formerly of John A. Bellanger and the aforementioned lands now or
formerly of New Scotland Development Corp. north 71 degrees 51 minutes
50 seconds west a distance of 169.82 feet to a point; thence westerly
along the common boundary line of the lands now or formerly of Donte
and Ellen G. DiPrimio as described in Book 871 of deeds on page 5
and the aforementioned lands now or formerly of New Scotland Development
Corp. north 74 degrees 02 minutes 10 seconds west a distance of 53.92
feet to a point; thence northerly along the common boundary line of
the lands now or formerly of Edward R. Lacasse and Madilin J. Capuano
as described in Book 919 of deeds on page 1079 and the aforementioned
lands now or formerly of New Scotland Development Corp. north 03 degrees
31 minutes 10 seconds east a distance of 150.00 feet to a point; thence
westerly along the common boundary line of the aforementioned lands
now or formerly of Edward R. Lacasse and Madilin J. Capuano and the
aforementioned lands now or formerly of New Scotland Development Corp.
north 74 degrees 02 minutes 10 seconds west a distance of 201.85 feet
to a point on the easterly margin of Moe Road, as established 33.0
feet easterly of the existing center line; thence northerly along
the easterly margin of Moe Road the following three courses: north
01 degrees 32 minutes 00 seconds east a distance of 225.00 feet to
the point; thence north 00 degrees 05 minutes 40 seconds east a distance
of 200.89 feet to a point; thence north 07 degrees 25 minutes 50 seconds
west a distance of 277.27 feet to the point or place of beginning
and containing 46.055± acres of land.
C.
Together with any right, title or interest the party
of the first part might have to land lying between the center line
of Moe Road and the easterly margin of Moe Road as described herein.
A.
The area consists of 75 single-family residential
units, 30 townhouse residential units and 8.18 acres of park district
and recreation area. The single-family density is 1.75 units per acre,
and the townhouse density is 7.7 units per acre. The setbacks for
the single-family units are: side yard, minimum 10 feet; back yard,
minimum 25 feet; and front yard, minimum 30 feet. The setback and
yard requirements for the townhouses are: front yard, minimum 30 feet;
and back yard, minimum 25 feet. The single-family lot dimensions are
a minimum of 12,000 square feet and an average of 14,000 square feet.
The frontage along the street shall be a minimum of 80 feet at the
property line. The minimum depth of a lot will be 100 feet. 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, except for the stub street on the north boundary,
and proposed use have been approved by and are on file with the Town
Planning Board of the Town of Clifton Park. The sketch plan is dated
May 31, 1974, and 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 Huntwood is
started or any building permit is issued relating thereto, final plans
and specifications shall be submitted and approved by the Town Planning
Board and the Town Board and shall be filed with the Town Clerk.
For vehicular traffic purposes, there will be
one point of ingress and egress to Crescent Estates Huntwood from
public highways. The one entrance will be located on Moe Road.
There will be a central water supply and a central
sewage collection system that will be run by private transportation
corporations. The water and sewage treatment facilities are subject
to state approval.
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 if 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 Huntwood 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.
