Notwithstanding any other provision of the Town of Sand Lake
Zoning Chapter, Town Code and the Zoning Map of the Town of Sand Lake,
the zoning in the area within the boundaries described in this article
shall constitute a planned development district to be known and described
as "Planned Development District, Westfall Village, Town of Sand Lake."
The purpose of this article is to provide for the zoning of
certain lands in accordance with the provisions and standards hereafter
set forth which are intended to foster innovative site planning and
development and to encourage sound design practices. This article
is further intended to promote the flexibility and design of the project
by allowing a mix of commercial, retail, service, office, recreation
and residential uses in a compatible and unified plan that will result
in a more efficient and effective use of land.
The area of the Westfall Village Planned Development District
consists of 93+/- acres, all that tract, piece or parcel of land situate
in the Town of Sand Lake, Rensselaer County, State of New York, lying
northerly of the West Sand Lake — Averill Park State Highway
No. 5278, New York State Route 43, and is further bounded and described
as follows: Beginning at a point in the northerly line of the above-named
state highway at the southeast corner of the lands conveyed by Harvey
A. Perreault and Leo P. Perreault to Benjamin Gauch and Doris Gauch
by deed recorded in the Rensselaer County Clerk's office on April
16, 1956, in Liber 1000 at page 232, running thence along the easterly
line of Gauch, aforesaid, N17°13'50'E, 150 feet to a point; thence
along the northerly line of the land conveyed to Gauch, and other
lands conveyed by Harvey A. Perreault and Leo P. Perreault and an
extension thereof, N72°32"10'W, 410.89 feet to a point in the
easterly line of the lands now or formerly of Charles E. Wilkins,
Jr.; thence along the easterly line of Wilkins, aforesaid, and the
easterly line of the lands now or formerly of Russell J. Normandin,
reputed owner, and a continuation thereof, N00°47"50'E, 1,271.40
feet to a point; thence along the lands now or formerly of Alice L.
Tifft the following five courses and distances: 1. S73°15"10'E,
530.26 feet to a point; 2. N64°31"50'E, 921.96 feet to a point;
3. N11°17"10'W, 764.70 feet to a point; 4. N47°45"50'E, 457.18
feet to a point; 5. N23°04"50'E, 183.53 feet to point in the southerly
line of the lands of Louis J., Steven and Anthony S.L. Valente. Thence
along the lands of said Valente S66°55"10'E, 490.29 feet to a
point in the line of Eugene T. Sr. and Dorothy Pawlson. Thence along
the easterly line of the lands conveyed to Harvey A. Perreault and
Leo Perreault the following three courses and distances: 1. S7°20"50'E,
766.49 feet to a point at a corner of the lands of the Central School
District No. 1 of the Towns of Sand Lake and Poestenkill; 2. S84°39"10'W,
27.06 feet along the lands of said School District to a point; 3.
S5°20"50'E, 1,351.88 feet along lands of said School District
to the northeast corner of the lands, reputedly of Bon Acre Management
Corp.; thence along the lands of said Bon Acre Management Corp. the
following four courses and distances, being shown in a property line
agreement between Bon Acre Management Corp. and Bon Acre Realty Corp.,
dated October 14, 1987, and recorded in the Rensselaer County Clerk's
office on November 10, 1987, at Book of Deeds 1475 page 40: 1. N72°32"10'W,
505.32 feet to a point; 2. S17°27"50'W, 200.00 feet to a point;
3. N72°32"10'W, 114.00 feet to a point; 4. S17°27"50'W, 1,050.0
feet to a point in the northerly line of the above-mentioned state
highway; thence along the same state highway, N72°32"10'W, 1,000.00
feet to the point or place of beginning, and containing about 92.93
acres of land, and as shown on a map entitled "Zoning Map 'Bon Acre
Site.'"
The Westfall Village Hamlet property shall be divided into the
following four districts:
A. The Hamlet Center District;
B. The Pond View Residential District;
C. The Residential and Community Recreation District; and
D. The Conservation District.
Once established as described above, where uncertainty exists
as to the boundaries of districts, the following rules shall apply:
A. Boundaries indicated as approximately following the center lines
of roads shall be construed to follow such center lines.
B. Boundaries indicated as approximately following lot lines shall be
construed to follow such lot lines.
C. Boundaries indicated as following shorelines of ponds shall be construed
to follow such shorelines and, in the event of change in the shoreline,
shall be construed as moving with the actual shoreline.
D. Boundaries indicated as parallel to or extensions of features indicated in Subsections
A through
C shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
As used in this article, the following terms shall have the
meanings indicated:
FENESTRATION
A term used to denote the pattern, arrangement, and depth
of windows, doors and other openings on a building's facade.
GROSS LEASABLE AREA
A number, in square feet, representing the entire area occupied
by a building, including common areas, storage, mechanical areas,
and space occupied by interior structure and partitions, exclusive
of uncovered porches, parapets, steps, terraces and decks.
HUMAN OR PEDESTRIAN SCALE
A scale of layout, design and construction that relates to
the human body's proportions and dimensions as they relate to their
surroundings.
MEDIAN
A paved or planted area separating a street into two or more
lanes.
RECREATION BUSINESS
Indoor or outdoor facilities operated as a business and open
to the public with facilities for uses such as theater, cinema, bowling,
tennis, horseback riding, ice-skating, swimming, golf, soccer, hockey,
miniature golf, driving range, Nordic skiing facility, health and
fitness club and open-air, live theater.
RECREATION, ACTIVE
A defined area reserved for and specifically designed to
accommodate outdoor sports and outdoor activities such as, but not
limited to, racquet sports, ice-skating, roller-skating, swimming,
baseball, soccer, and softball.
RECREATION, PASSIVE
A defined area reserved for and specifically designed to
accommodate general uses such as, but not limited to, jogging, walking
and recreation trails and paths, picnic areas and scenic views.
RELIGIOUS INSTITUTION
Use of land, building and structures by a tax-exempt institution
where religious worship or related activity is conducted.
RESTAURANT
A business where food and alcoholic beverages or nonalcoholic
beverages are sold within a building to customers for consumption
at a table or counter, on a patio or at outdoor picnic tables, or
off the premises as carry-out orders.
RETAIL BUSINESS
Any establishment selling goods to the general public for
personal and household consumption.
SERVICE BUSINESS
Any business or nonprofit organization that provides services
to the public, including barbershops, dry cleaners, appliance repair,
banks, car wash and craft workshops.
UTILITY USE
An installation used by a public utility to supply electric,
gas, water, cable television, telephone, or other utility service.
Included are such facilities as electric unit substations, high-voltage
transmission lines, pump stations, water towers, and telephone substations.
Utility distribution facilities servicing customers directly are considered
customary accessory uses, not utility facilities.