[Adopted 10-4-2005 by L.L. No. 8-2005; amended in its entirety 12-16-2008 by L.L. No. 10-2008]
This local law shall be known and may be cited as "Article XLV, Fellows Road Planned Development District Amending the Zoning Ordinance of the Town of Halfmoon, Local Law No. 5 of 1995, and the Map and Official Regulations Relating to Zoning of the Town of Halfmoon," creating a planned development district known as “Fellows Road Planned Development District."
Local Law No. 5 of 1995 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 and enacted in Local Law No. 5 of 1995, as previously amended and supplemented, be and the same hereby are further amended by creating the residential planned development district to be known and described as "Fellows Road Planned Development District."
A. 
The approved Fellows Road Planned Development District is hereby amended to permit up to 21 eleven-unit apartment buildings with 231 total apartments, 117 townhomes contained in 39 buildings and four duplex-style units consisting of two duplex buildings, together with the necessary infrastructure and utilities to support the development, stormwater management area, zone buffers and improvements appurtenant thereto in general conformity with the plan dated October 22, 2008, attached herewith as Exhibit A[1] and in general conformity with the Zoning Ordinance of the Town of Halfmoon with relation to planned development districts.
[1]
Editor's Note: PDD maps and plans are on file in the Town offices.
B. 
The proposed project also calls for the termination of the current western intersection of Fellows Road at NYS Route 146. The current configuration of the intersection is dangerous and has resulted in vehicle accidents. The proposed project will also relocate the eastern intersection of Fellows Road and Route 146 a minimum distance of 400 feet to the east along NYS Route 146 with a NYS Department of Transportation approved intersection configuration and intersection that will be reviewed and approved by the Town engineers and surveyors, Clough Harbour & Associates. This termination and realignment will occur in the Spring of 2009. A maximum of two certificates of occupancy shall be issued for the amended area of the planned development district prior to the completion of the road termination and realignment.
C. 
As an additional public benefit, the sanitary sewer service will be extended along Gauthier Drive to serve the existing residents. The residents will be responsible for any expenses associated with extending the line from the dedicated line to their residences. In addition, the applicant will donate to the Town of Halfmoon the sum of $400 per additional unit approved. These sums will be in addition to any of the sums agreed upon and detailed in the original planned development district.
All buildings shall be designed and constructed in strict compliance with the New York State Uniform Fire Prevention and Building Code. The construction of all buildings shall be subject to the inspection and approval of the Code Enforcement Officer of the Town of Halfmoon and the Fire/Code Enforcement Officer thereof.
The Town Board may, upon the request of the then owners of the site, modify any of the minor provisions of this local law upon such terms as the Town Board shall determine to be reasonable, without need of a further public hearing.