[Adopted 9-27-1976 by L.L. 9-1976]
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. 17 To Be Known as 'Crescent Estates South.'"
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 South."
A.
The area of said Crescent Estates South consists of
206 acres and is bounded and described as follows. The area is located
at the southwest corner of the Town of Clifton Park, south of Crescent
Road, north of Boyack Road and West of the Adirondack Northway.
B.
All that tract, piece or parcel of land situate, lying
and being in the Town of Clifton Park, County of Saratoga, New York,
lying southerly of Vischers-Ferry-Crescent Road northeasterly of Boyack
Road and being further bounded and described as follows: Beginning
at a point on the southerly margin of Vischers-Ferry-Crescent Road
at the point of intersection of the division line of lands of John
J. Abele on the west and lands of Michael and Yvonne Hanczyark on
the east; thence along the division line of lands of said Abele on
the west in part and on the south in part, along lands of said Hanczyark,
in part, and Alexander and Laura Burisenok, in part, on the north
and William Lavalle, in part, and James A. and Margaret Shea, in part,
on the east the following courses: S 08 degrees 15 minutes 20 seconds
W 822.65'; S 89 degrees 29 minutes 50 seconds E 796.00'; S 08 degrees
02 minutes 50 seconds W 1,207.85'; S 51 degrees 35 minutes 00 seconds
E 27.53'; thence along the division line with the lands of said Rosen
and Michaels Developers on the south and west and lands of said Shea
on the north and east S 86 degrees 35 minutes 00 seconds E 259.97',
S 08 degrees 02 minutes 50 seconds W 622.95'; thence through lands
of Niagara Mohawk Power Corporation S 08 degrees 02 minutes 50 seconds
W 189.90'; thence along the division line of lands of said Rosen and
Michaels on the west and lands of said Abele on the east S 08 degrees
02 minutes 50 seconds W 266.91'; thence through the lands of said
Abele S 84 degrees 37 minutes 50 seconds E 583.85' to the division
line of lands of said Abele on the west and lands of said Shea on
the east; thence along the division line with lands of said Shea in
part and said Abele in part on the east and lands of said Abele on
the west S 08 degrees 18 minutes 00 seconds W 616.52'; thence along
the division line of said Abele on the east and lands of said Rosen
and Michaels on the west S 07 degrees 06 minutes 40 seconds W 1,615.22';
thence through lands of said Rosen and Michaels S 07 degrees 19 minutes
10 seconds W a distance of 346.50'; thence S 07 degrees 45 minutes
50 seconds W 331.68' to the center line of the stream; thence southwesterly
along the stream as it winds and turns to the northeasterly margin
of Boyack Road; thence along the northeasterly margin of Boyack Road
northwesterly along a curve to the right of radius 769.75' a distance
of 38.86' to a point of tangency; thence N 37 degrees 25 minutes 20
seconds W 685.87' to the point of intersection of said northeasterly
margin of Boyack Road with the division line of lands of said Rosen
and Michaels on the east and lands of Theodore A. Shippey on the west;
thence along said division line N 30 degrees 25 minutes 10 seconds
E 520.50'; thence N 36 degrees 30 minutes 10 seconds W 433.74'; thence
along the division line of lands of said Rosen and Michaels on the
east and lands of Daniel W. Shippey on the west N 30 degrees 39 minutes
00 seconds W 863.06' to the division line between lands of said Shippey
on the east and lands of said Abele on the west; thence along said
division line S 01 degrees 58 minutes 40 seconds W 556.14' to the
northeasterly margin of Boyack Road; thence along the northeasterly
margin of Boyack Road the following courses: N 18 degrees 13 minutes
30 seconds W 51.18'; thence N 36 degrees 48 minutes 10 seconds W 79.20';
thence N 54 degrees 09 minutes 20 seconds W 205.11'; thence N 56 degrees
49 minutes 10 seconds W 346.33'; thence N 51 degrees 37 minutes 20
seconds W 271.83'; thence through the lands of Niagara Mohawk Power
Corporation in part and along the division line between lands of said
Abele on the east and lands of Joseph Lussier in part and lands of
Alfred J. and Mary A. Lussier in part on the west N 00 degrees 47
minutes 30 seconds W 1,394.89' to a point; thence continuing along
said division line N 00 degrees 28 minutes 30 seconds W 1,425.88'
to a point; thence along the division line of lands of said Abele
on the south and on the east and lands of Struck on the north and
on the west S 86 degrees 18 minutes 50 seconds E 792.53'; thence N
00 degrees 29 minutes 10 seconds W 251.80' to a point; thence through
lands of said Abele the following courses: S 86 degrees 29 minutes
10 seconds E 93.27'; N 17 degrees 43 minutes 10 seconds E 135.29';
N 09 degrees 33 minutes 50 seconds W 197.26'; N 03 degrees 17 minutes
20 seconds E 163.64'; N 14 degrees 56 minutes 50 seconds E 128.43';
N 24 degrees 34 minutes 50 seconds E 102.93; N 40 degrees 40 minutes
30 seconds E 268.70' to the southerly margin of Vischers-Ferry-Crescent
Road; thence along said southerly margin S 85 degrees 21 minutes 50
seconds E a distance of 170.00' to the point or place of beginning.
A.
The area will consist of up to 324 single-family residences
occupying approximately 87 acres and up to two hundred fifty-two townhouses
situated on approximately 21.3 acres. There will be approximately
56 acres of open space area, and the remaining land area will be occupied
by roads, road rights-of-way and access paths. The single-family lots
will have a minimum width of 70 feet, a minimum depth of 100 feet,
a minimum side yard of 10 feet, a minimum back yard of 25 feet, a
minimum front yard of 30 feet, a minimum area of 11,000 square feet
and an average area of 13,390 square feet. The townhouses will have
a minimum width of 22 feet, a minimum depth of 100 feet, side yards
and ends of clusters of 10 feet, a minimum front yard of 30 feet,
a minimum rear yard of 25 feet and a maximum number of contiguous
units of eight. 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. The
sketch plan may be changed, altered or amended by approval and recommendation
of the Planning Board.
B.
Before construction of Crescent Estates South 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. The
final number of single-family houses and townhouses may be adjusted
by the Planning Board and the Town Board, and the final layout and
design of all park areas and roadways are subject to modification
of the Town Planning Board and the Town Board when final plans and
specifications are submitted.
[Added 4-24-1990 by L.L. 6-1990]
Notwithstanding the minimum width, minimum back yard and minimum rear yard setbacks provided in § A217-98 hereinabove, setbacks for accessory buildings will be permitted as set forth in Local Law No. 2-1967, and any amendments thereto (collectively the Zoning Law) pertaining to accessory buildings.[1]
For vehicular traffic purposes, there will be
one point of ingress and egress to Crescent Estates South on Crescent
Road opposite Lapp Road on the north and two points of ingress and
egress on Boyack Road on the south. Additionally, stub streets are
proposed on the east and west sides of the project for future construction.
Water will be supplied by a central water supply
system and facilities presently owned by the Crescent Estates Water
Company, Inc. Sanitary sewer service for the project will be provided
by either a proposed Clifton Park Sewer District No. 1 or by a private
transportation corporation. The water and sewerage 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
townhouse 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
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 Crescent Estates South 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.
