This local law shall be known and may be cited
as "Local Law Amending Local Law No. 2 of the Town of Halfmoon entitled
'Local Law Relating to Zoning for the Town of Halfmoon' Providing
for the Creation of a Planned Development District to be known as
"H.T. Hatter Apartments Planned Development District."
Local Law No. 2 of 1973 of the Town of Halfmoon,
entitled "Local Law Relating to Zoning for the Town of Halfmoon,"
and the Zoning Map of the Town of Halfmoon, as set forth therein and
made a part hereof, be and the same hereby are amended by changing
from the existing zoning district classifications (Residence District
R-3 and Manufacturing M-1), as hereinafter described, and creating
within the boundaries of said newly described area a planned development
district to be known and described as H. T. Hatter Apartments Planned
Development District.
The area of said H. T. Hatter Apartments Planned
Development District, consisting of approximately 17.5 acres, is bounded
and described as follows:
A. Northerly by the lands of DeBenedetto;
B. Easterly by the lands of Scumowski, Guinan, Williams
and Clam Steam Road;
C. Southerly by the lands of Bellard;
D. Westerly by the lands of the State of New York known
as Interstate 87.
The H. T. Hatter Apartments Planned Development
District shall consist of the following:
A. Phasing of development. The development of the PDD
shall be divided into two phases:
(1) The first phase will involve the approval of the existing
use and structures existing on the property. The existing 13 dwelling
units, are comprised as follows: a) a single-family residence in which
the owner and developer lives; b) a four family apartment unit; and
c) an eight-family apartment unit. The existing use and structure
will be brought into compliance with the Town of Halfmoon Zoning Ordinance
by the creation of the H. T. Hatter Apartments Planned Development
District. The existing light industrial land use will be eliminated
from the site during Phase I, and the building relocated away from
the existing residential units. Furthermore, a new well/water supply
will be installed as part of Phase I as well as the upgrading of the
site access.
(2) Phase II of the planned development district consists
of the construction of two four-family apartment units, with the additional
construction of appropriate approved septic systems, a parking lot
for 18 cars, access road, additional landscaping, and the completion
of the water distribution system.
B. Number of units and density.
(1) The maximum number of dwelling units shall be 21,
comprised as follows: one single-family residential unit; 12 existing
apartment units; and eight proposed apartment units. In addition,
an existing metal building located on the property will be removed
and relocated on the site. The density for the total project shall
not exceed one dwelling unit for every 0.83 acres.
(2) Upon completion, the site will be improved by the
following structures: three four-dwelling unit apartments; one eight-dwelling-unit
apartment; and one single-family dwelling unit.
C. Apartments. The average apartment dwelling unit shall
consist of a one-bedroom single-family unit consisting of living room,
kitchen, dinette, one bedroom and a bath. The size of each dwelling
unit shall be approximately 600 square feet.
D. Parking. There shall be provided no less that 42 parking
spaces for the 21 dwelling units.
E. Potable water source. Existing well and pumphouse
provides water service to the 13 existing dwelling units in Phase
I. A new well was installed in November 1983 to eventually service
the eight proposed dwelling units to be constructed on the site as
part of Phase II.
F. Sanitary sewers and sewage disposal. H. T. Hatter
Apartments Planned Development District shall be served by a sanitary
waste disposal system consisting of a leaching bed for each proposed
four-dwelling-unit apartment building. Each leaching bed shall be
25 feet by 20 feet and provide 500 square feet of bed for each four-dwelling-unit
apartment building. The existing single-family dwelling unit shall
be served by the existing septic tank and tile field. The existing
four-family dwelling unit apartment shall be served by the existing
septic tank and tile field. The existing eight-dwelling-unit apartment
building shall be served by the existing septic tank and tile field.
The proposed sanitary waste disposal systems shall comply with the
New York State Department of Health requirements and shall be available
for inspection and approval by the Building Inspector during construction
of the two proposed four-family unit apartments.
G. Storm sewers. A stormwater management system shall
control runoff through overland flow. Stormwater shall be channeled
and allowed to sheet off paved areas onto adjacent vegetated open
space. All side drainage will be disposed of on site, and storm drainage,
after completion of Phase II, will not exceed that which existed prior
to new construction. Natural on-site swales and low points shall be
used to maintain the existing ecological balance and groundwater recharge,
and will be adequate to accept runoff from new paved roads and parking
areas.
H. Roads. The H. T. Hatter Apartments Planned Development
District shall not require any addition to the public road system
of the Town of Halfmoon. The existing sixteen-foot plus or minus driveway
will serve as access to the existing structures located on the property,
as well as the two proposed four-family units called for in Phase
II. Prior to completion of Phase II, a twenty-two-foot access road
will be constructed as shown on the map. The proposed twenty-foot
access road will be designed to accommodate standard circulation requirements
for emergency vehicle access. A circular turnaround will be constructed
at the end of the Phase II access road for easy emergency and maintenance
access.
I. Electrical and telephone service. Electrical and telephone
service shall be laid underground by the appropriate utility companies
pursuant to acceptable installation and construction practices.
J. Open space. Approximately 16.45+/- acres of the 17.50+/-
acre site is designated to remain as open space. The acreage shall
be owned by the developer and appropriately maintained for the use
of the residents of H. T. Hatter Apartments. Some or all of the open
space may eventually be used as a farm for growing evergreen Christmas
trees by the developer.
K. Maintenance and services. The owners and developers
of the project shall be responsible for all maintenance, including,
but not limited to, lawn work, building upkeep, road repairs, snow
removal, water supply and sanitary disposal. Refuse collection shall
be coordinated with the owners and privately transported to the Town
of Halfmoon Landfill.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
or licensed civil engineer 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 or licensed
civil engineer and the site development consultant and, when completed,
shall be certified by both as having been constructed in full compliance
with the New York State Building Code. The plans and specifications
shall be approved by the Planning Board of the Town of Halfmoon, and
approval by such Planning Board shall be filed in the office of the
Town Clerk of the Town of Halfmoon. The architect or civil engineer
and consultant performing the work herein described shall be employed
by and at the sole expense of the developer. All construction during
the performance thereof and upon completion shall be subject to the
inspection and approval of the Building Inspector of the Town of Halfmoon.
All driveways and/or roads to be constructed pursuant to this local
law shall be constructed according to appropriate standards for a
private driveway providing access to apartment units.
This amendment shall be deemed automatically
revoked and void and the previous regulations shall obtain if, within
12 months from the approval by the Planning Board of the Town of Halfmoon
for the construction of the project, commencement of the Phase II
of H. T. Hatter Apartments Planned Development District has not begun
or if after construction has begun unless substantial progress continues
without undue interruption thereafter or if the development is not
completed within five years of such approval. As to the area within
which the existing buildings are located and proposed future buildings
are constructed pursuant to this local law, there shall be no voiding
of this amendment and, as to said area and buildings, this 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 is now located
or will be constructed pursuant to this local law. For proper cause
shown, the Town Board of the Town of Halfmoon may, under such terms
and conditions as it deems proper, extend either the twelve-month
period or the five-year period, or both, and/or may waive the requirement
that substantial progress shall continue without undue interruption.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map, is hereby amended by providing that said H. T. Hatter
Apartments Planned Development District be set forth as supplementary
map numbered __________, which is hereby made a part of this local
law.