The Town Board has previously found that it is in the best interests of the Town to provide for proper housing of the Town's senior citizen residents and that the provision of such housing should be subject to criteria established by the Town Board in § 197-80 of the Town Zoning Law as well as such other criteria as the Planning Board may apply pursuant to Town Code Chapter 155 in its site plan review.
A.
The Town Board has been presented with a proposal to rezone a certain
parcel located on the southeast corner of the intersection of Best
Road and Route 43 from its current zoning of PBD and RS to an SC District
so as to permit the construction of a maximum of 144 rental units
and a community center to be rented and occupied by senior citizens
as that term is defined in the Town Code. Upon careful consideration
of the request, as well as the favorable recommendation of the Town
Planning Board and deference to local consideration by the Rensselaer
County Bureau of Planning, the Town Board hereby deems it appropriate
and does approve the designation of this parcel for SC housing, subject
to the terms and conditions set forth herein and as may be established
or required by the Town's Planning Board.
B.
The boundaries of said district shall include, in addition to all
lands included therein, the parcel of land as set forth in Schedule
A.[1] There may be constructed upon this parcel of land not
more than three multifamily residential dwellings, with associated
parking and a community center.
[1]
Editor's Note: Schedule A is on file in the Town offices.
Pursuant to the authority vested in the Town Board by §§ 197-63 and 197-80D(13), the Town Board hereby imposes the following additional site development programs and restrictions to be required by the Planning Board in the site plan review process:
A.
There shall be constructed within the boundaries of the Eastwyck
Village Senior Citizens Housing District up to 144 senior citizen
rental apartments, with parking, including garages, a community center
and recreational facilities, all as set forth on the plan heretofore
approved and placed on file by the Town Planning Board of the Town
of North Greenbush. The Eastwyck Village Senior Citizens Housing District
shall be developed in the following manner.
B.
All sewerage and water shall be supplied by the developer from a
source or sources approved by the appropriate New York State agencies
and the Town Engineer.
C.
Fire hydrants will be installed by the builder, at no cost to the
Town of North Greenbush, in accordance with the recommendations of
the DeFreestville Fire District or as approved by the Planning Board.
Typical details of hydrants and roadway cross sections must be submitted
to the Town Engineer.
D.
All utilities to the subject premises will be installed underground.
E.
Appropriate written approvals for water, sewer and drainage systems
shall be obtained from the appropriate authorities and from the Town
Engineer prior to the issuance of any building permit or certificate
of occupancy by the Town of North Greenbush for any buildings to be
constructed pursuant hereto.
F.
The exact site details and configurations of principal and accessory
buildings will be determined by the Town of North Greenbush Planning
Board subject to the standards in this article. The Planning Board
shall retain final site plan approval concerning this project, and
no building permit shall be issued without the final approval of the
site plan by the Town of North Greenbush Planning Board.
G.
All roads and any required drainage easements and related rights-of-way
shall be constructed and/or located by the developer in accordance
with the requirements of the Town of North Greenbush and shall be
approved by the Town Engineer.
H.
Area requirements.
(1)
The dwellings to be erected on each lot shall be multifamily
dwellings and shall contain a minimum living floor area of 600 square
feet per apartment, a maximum height of 40 feet and a minimum road
frontage lot width of 100 feet.
(2)
Minimum yard dimensions for all principal buildings shall be
40 feet from the property boundary on all sides, and minimum yard
dimensions for all accessory buildings shall be 10 feet from the property
boundary on all sides.
(3)
Garages which provide required parking shall not be included
in the calculation for lot coverage for accessory uses, but all other
accessory uses must comply with the limitation of 5% of lot coverage
for such uses. Because the parcel is bounded on all four sides by
public roads, the location of garages on the parcel shall be determined
by the Planning Board, regardless of which area is classified as a
front yard, notwithstanding any other provision in this chapter.
(4)
Greenspace.
(a)
In accordance with the plan heretofore filed, there shall be
provided greenspace of an area equal to at least 25% of the developed
area, excluding streets.
(b)
The Town of North Greenbush Planning Board shall establish minimum
landscaping requirements for the property.
(c)
In addition, the developer shall provide landscaping and vegetation
for the areas along the southerly and easterly boundaries of said
property, all as shown on a map and plan dated November 13, 2008,
and filed with the Town of North Greenbush Planning Board.
(d)
The developer shall include sufficient landscaping to offset
removal of vegetation, to be approved by the Town of North Greenbush
Planning Board.
(e)
The amount of greenspace fees shall be $600 per unit.
I.
Prior to the construction of any apartments, the designs and plans
to be used in the construction thereof shall be approved by the Town
Planning Board and the Town Engineer of the Town of North Greenbush
and such approval shall be filed in the Town Clerk's office.
The Zoning Ordinance of the Town of North Greenbush and all other terms, requirements and conditions for an SC Housing District set forth in § 197-80 of the Zoning Law shall also apply to the Eastwyck Village Senior Citizens Housing District, except insofar as varied by the requirements set forth herein.
The property may be developed in stages, and before any construction
is started and any building permit is issued relating thereto, final
plats, plans and specifications of the specific stages shall be submitted
to and approved by the Town Planning Board and the Town Engineer and
filed with the Town Clerk.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Town Board of the Town of North Greenbush hereby declares
that it would have passed this article or the remainder thereof had
such invalid application or invalid provision been apparent.
All ordinances, local laws and parts thereof inconsistent with
this article are hereby repealed.
Notwithstanding the provisions of § 197-65 of the Zoning Law of the Town, this article shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.
This article shall be deemed automatically revoked and void,
and the previous regulations shall obtain, if, within 24 months from
the date of issuance of Planning Board approval subject to this amendment,
commencement of the construction of the apartments has not begun.
For proper cause shown, the Town Board may grant extensions of time
not exceeding 12 months for any one extension for the construction
of successive buildings.
