[Adopted 4-19-1971 by L.L. 2-1971; amended in its entirety 8-29-1994 by L.L. 7-1994]
This local law shall be known and may be cited
as "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" and further amending Local Law No. 2-1971 of the
Town of Clifton Park entitled "Local Law Amending Local Law No. 2-1967
of the Town of Clifton Park entitled a Local Law Relating to Zoning
in the Town of Clifton Park[1] Providing for the Creation of a Planned Development District
to be known as Planned Development District No. 7, London Square."
Local Law No. 2-1967 of the Town of Clifton
Park entitled "Local Law Relating to Zoning for 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 BNR-1 a portion thereof constituting approximately
7.11 acres, as hereinafter described in Exhibit A attached hereto
and made a part hereof,[1] and adding lands within said boundaries of said newly
described area to a Planned Development District known and described
as "Planned Development District No. 7, London Square."
The area of Planned Development District No.
7, London Square, is bounded and described as set forth in Exhibit
A and Exhibit B attached hereto and made a part hereof.
A.
EXHIBIT A, Lands to be Added to the Area of the London
Square PDD (7.115± acre parcel)
(1)
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND lying
along the southerly line of New York State Route 146, State Highway
No. 8137, approximately 1/4 mile west of Moe Road and being further
bounded and described as follows: Beginning at the point
of intersection of the southerly line of New York State Route 146,
State Highway No. 8137, with the common division line of lands now
or formerly of St. George's Episcopal Church as conveyed in Book 754
of Deeds at Page 54 to the east and the parcel herein being described
to the west and runs thence from said point of beginning along said
common division line South 11 deg. 28 min. 00 sec. West, 1,005.13
feet to the point of intersection of the west line of said lands of
St. George's Episcopal Church with the common division line of lands
now or formerly of Central School District No. 2 Clifton Park, Halfmoon,
Malta, Waterford, Ballston and Stillwater as conveyed in Book 811
of Deeds at Page 565 to the south and the parcel herein described
to the north; thence along said common division line the following
two courses and distances:
(a)
North 76 deg. 47 min. 00 sec. West, 100.05 feet
to a point;
(b)
North 81 deg. 09 min. 00 sec. West. 198.80 feet
to the point of intersection of the north line of said lands of Central
School District No. 2 with the common division line of lands now or
formerly of Donald C. Greene as conveyed in Book 1041 of Deeds at
Page 706 to the west and the parcel herein being described to the
east; thence along said common division line, in part, and lands now
or formerly of Clifford J. Hughes and Julie Elaine Hughes as conveyed
in Book 804 of Deeds at Page 31 to the west and the parcel herein
being described to the east, North 11 deg. 28 min. 00 sec. East 1,070.02
feet to a point in the southerly line of New York State Route 146,
State Highway No. 8137; thence along said southerly line the following
three courses and distances:
B.
EXHIBIT B,Lands Constituting Original Area of the
London Square PDD
(1)
All that tract or parcel of land, situate, lying and
being in the Town of Clifton Park, County of Saratoga, State of New
York, bounded and described as follows: COMMENCING at a point on the
southerly boundary of the Lape's Corners - Clifton Park State Highway
No. 8137, marked by a 1/2 inch square rod, at the point where said
highway is intersected by the westerly boundary of land now or formerly
of Clifford Hughes; thence westerly along said highway 100 feet to
a point marking the northeast corner of the land now or formerly of
Clifton Associates; thence southerly along a line extended from the
last mentioned point along course S 12º 30' W for a distance
of 1178.30 feet to a point; thence easterly from the last described
point along a course N 74º 48' E for a distance of 298.97 feet
to a point; thence northerly from said last mentioned point along
course N 12º 30' E for a distance of 810 feet to a point; thence
westerly along course N 75º 09' W for a distance of 193.99 feet
to a point; thence northerly along course N 12º 30' E for a distance
of 370 feet to the point and place of beginning, said land containing
approximately 6.43 acres, more or less.
(2)
BEING the same premises conveyed to James Timothy
O'Hearn by Wilda Ann Brady by deed dated October 11, 1968 and recorded
in the Saratoga County Clerk's Office on October 11, 1968 in Book
840 of Deeds at page 179, and this description is intended to be a
corrective description contained in the aforementioned deed.
(3)
ALSO all that tract or parcel of land situate, lying
and being in the Town of Clifton Park, County of Saratoga and State
of New York bounded and described as follows: BEGINNING
at a point in the south line of State Highway No. 8137, said point
being S 71º 56' E 90.02 feet measured along said State Highway
from the intersection of said highway and the boundary line between
lands formerly of Clifton Associates, Inc. on the east and lands now
or formerly of Lehman on the west, said point of beginning also being
the northeasterly corner of lands conveyed by Clifton Associates Inc.
to Howard Foster by deed recorded in the Saratoga County Clerk's Office
in Book No. 801 of Deeds page 171; thence S 12º 30' W a distance
of 195.29 feet; thence N 77º 30' W a distance of 90 feet; thence
S 12º 30' W a distance of 977 feet to a point; thence S 74º
48' E a distance of 230 feet to a point; thence N 12º 30' E a
distance of 1178.30 feet to a point in the south line of State Highway
No. 8137; thence along said highway the following two courses N 75º
09' W a distance of 138.03 feet to a point and N 71º 56' W a
distance of 1.98 feet to the point and place of beginning.
A.
Lands set forth in Exhibit B, attached hereto and
made a part hereof,[1] shall be developed in the following manner:
(1)
There shall be constructed a street to be known as
"London Drive," together with connecting streets, a swimming pool,
18 two-and-one-half-story apartment buildings containing a total of
200 units. There shall be included in said 200 units, the following:
28 two-bedroom apartments with den; 28 one-bedroom apartments with
terrace; 28 two-bedroom apartments with terrace; 28 one-bedroom apartments;
84 two-bedroom apartments and four one-bedroom apartments with den.
There may be constructed an entrance sign and shelter.
(2)
Before construction of lands of London Square as set
forth in Exhibit B hereto 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 filed with the Town
Clerk.
(3)
During construction of the foregoing, there shall
be constructed, as set forth as part of the plans and specifications
to be approved by the Town Planning Board, parking areas providing
parking for no fewer than two vehicles per dwelling unit.
B.
Lands set forth in Exhibit A, attached hereto and
made a part hereof, shall be developed in the following manner:
(1)
There shall be constructed on lands consisting of
approximately 7.11+ acres as set forth in Exhibit A hereto, a total
of 162 apartments, together with 212 parking stalls, inclusive of
30 handicapped parking spaces providing for no fewer than 1.97 vehicles
per dwelling unit.
[Amended 10-15-1996 by L.L. 8-1996]
(2)
There shall be constructed on approximately 2.28+
acres of the total acreage of (7.11+ acres of land set forth in Exhibit
A hereto a total of 50 units contained in a two-story L-shaped brick
veneer and frame building and consisting of one- and/or two-bedroom
apartments, solely for the purposes of senior citizen occupancy, as
financed by the Federal HUD program, (hereinafter referred to as "HUD")
to be constructed and occupied in accordance with requirements of
HUD as may be applicable thereto following subdivision approval therefor.
Fifty one parking spaces, setback approximately 440± feet from
the center line of NYS Route 146 shall be provided to service the
foregoing apartments.
(3)
There shall be constructed on lands consisting of
approximately 4.83+ acres of the total acreage of 7.11+ acres of lands
set forth in Exhibit A hereto, a total of 112 units contained in a
total of eight buildings and consisting of one and/or one-bedroom-with-den
apartments to be more specifically developed as follows.
[Amended 10-15-1996 by L.L. 8-1996]
(4)
Two two-story buildings, with 28 apartments total,
shall be constructed on lands of approximately 1.06+ acres, together
with 41 parking spaces.
(5)
One two-story building containing 16 apartments shall
be constructed on lands of approximately .83+ acre, together with
30 parking spaces.
(6)
Five two-story buildings shall be constructed on the
remaining acreage which shall contain a total of 68 apartment units
with parking for 90 cars to service the same. An access driveway along
the western property line to the rear of the parcel shall be constructed
to service the foregoing.
[Amended 10-15-1996 by L.L. 8-1996]
C.
Lands set forth in Exhibit A[2] hereto shall be further developed in the following manner:
(1)
A paved and landscaped entrance driveway from NYS
Route 146 at a point that is opposite Bruno Road shall be constructed.
Should a traffic light at the intersection created by the intersection
of the entrance driveway and Bruno Road be required to accommodate
traffic flows, as so determined by the appropriate governmental entity
having jurisdiction thereof, the applicant shall not be required to
pay for same nor shall the applicant be required to share in any expenses
applicable thereto.
(2)
The existing site identification sign for the Blue
Spruce Nursery shall be retained and modified to sign and identify
the apartments to be constructed in accordance herewith, except the
HUD apartments, to read "Blue Spruce Apartments," or like nomenclature.
(3)
A twenty-four-foot wide access driveway to the HUD
senior citizen housing location and a connection to the existing access
driveway in London Square apartments shall be constructed, providing
for a second entrance to London Square.
(4)
A curb and sidewalk along the eastern edge of the
access driveway for pedestrian circulation between the senior housing
and the existing sidewalk along the south side of NYS Route 146 shall
be constructed.
(5)
A one-hundred-fifty-five-foot building line setback
from the center line of NYS Route 146, in which there will be no buildings
or parking as required by the current zoning and special setback regulations,
shall be complied with. The perimeter of the seven-and-eleven-hundredths-acre
parcel shall have a twenty-five-foot building setback for side and
rear, with the exception of the existing grounds maintenance building
located on such parcel, a ten-foot setback for parking, except emergency
access points, together with the retention of the existing vegetative
buffer surrounding said parcel. The building setback from the subdivision
lines within the Planned Development District (PDD) shall be no less
than 15 feet.
(6)
A third emergency access point to the London Square
access driveway along the rear or southern property line shall be
constructed.
(7)
An existing building shall be retained at the rear
of the site for grounds and maintenance purposes.
(8)
Existing vegetation shall be preserved along property
lines to maintain visual character and reduce impacts to adjoining
lands. A site landscaping program shall supplement existing vegetation
to enhance buffering, screening, views and aesthetic value. The landscaping
shall occur in the NYS Route 146 open space area along the site access
driveway, in parking lots and around the proposed apartment units.
(9)
The construction on lands set forth in Exhibit A hereto
shall be a phased construction. The initial phase of construction
shall commence immediately upon completion of the appropriate governmental
approvals therefor, including subdivision approvals to create Lots
A, B, C and D as shown in the application for the PDD extension to
the London Square PDD, and it shall consist of the construction of
the HUD program for the 50 senior housing units, 51 parking spaces,
the access driveway from NYS Route 146, sanitary sewer and water services,
a stormwater management area, landscaping and signage. Subsequent
phases of construction shall proceed following obtainment of site
plan approval on a lot-by-lot basis as the market demand occurs for
apartment units. The parking and utility infrastructure shall be constructed
as required for the associated number of units.
(10)
Before construction of lands of London Square
as set further in Exhibit A herein 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 filed with
the Town Clerk.
A.
Lands set forth in Exhibit B[1] hereto shall be further developed in the following manner:
(1)
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
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 and on approval by the Town Planning Board 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. All roads and/or streets to be constructed
pursuant to this local law shall be constructed pursuant to specifications
at that time in effect and for the construction of Town highways in
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. All sewage
and water shall be supplied from a source or sources approved by the
New York State Department of Public Health.
B.
Lands set forth in Exhibit A hereto shall be further
developed in the following manner:
(1)
All improvement 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
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 and on approval by the Town Planning Board 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. 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 in 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.
(2)
The HUD housing project shall be serviced by an extension
of the Clifton Park Water Authority waterlines at the intersection
on NYS Route 146 and Moe Road. The line shall extend along the south
side of the NYS Route 146 right-of-way on New York State Department
of Transportation property or in an easement on private lands, depending
upon the final design alternative. The water service extension for
the HUD program shall be completed in accordance with Town of Clifton
Park Water Authority and New York State Department of Health standards.
Water service for the remaining apartments to be constructed on lands
set forth in Exhibit A shall be serviced by an extension of the application's
existing private community water system in London Square. This water
service extension shall be completed in accordance with New York State
Department of Health and New York State Department of Environmental
Conservation standards.
(3)
Sanitary waste disposal to service improvements on
lands set forth in Exhibit A shall be provided through a connection
to the Saratoga County sewer main near the intersection of NYS Route
146 and Moe Road. Gravity and force main alternatives with a pumping
station may be utilized. All sanitary waste disposal facilities will
be designed and constructed in accordance with New York State Department
of Health, New York State Department of Environmental Conservation
and Saratoga County Sewer District standards. The design alternative
and location will be finalized prior to detailed site plan approvals
for the senior housing and apartments.
(4)
The site identification signage for the project will
be located along the NYS Route 146 corridor area in the landscaped
entrance boulevard. On-site directional signage shall identify individual
building locations as required. The existing site identification sign
may be retained. The size, height, lettering style, illumination and
placement of all signs will be in accordance with current Town signage
and Zoning Code requirements.[2]
C.
Lands set forth in Exhibit A[3] shall be subdivided to create four lots of which three
(Lots A, C and D) will have privately owned and maintained buildings,
grounds and utility infrastructure. The fourth lot (Lot B) shall be
owned by the Town of Clifton Park and leased for the HUD Senior Citizen
Housing Program. The access driveway to the senior citizen lease parcel
and the stormwater management area will be maintained by the Town
of Clifton Park.
D.
The general character of light fixtures, poles, bases,
heights and location will be determined during the detailed design
phase. Specific fixture selection and location would be based upon
aesthetics, low-glare levels and the mitigation of neighborhood impacts.
Cutoff luminaries and timers will be utilized for parking areas and
building facilities. Lighting associated with the senior housing (Lot
B) will be owned and maintained by the Town of Clifton Park, and lighting
associated with Lots A, C and D will be privately owned and maintained.
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 London Square has not begun, or if after construction
has begun unless substantial progress continues without undue interruption
thereafter in accordance with a phased construction therefor and except
that there shall be no voiding of this local law as to failure to
construct due to a lack of market demand therefor. 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.
[Amended 10-15-1996 by L.L. 8-1996]
Section 101 of said Local Law No. 2-1967, Zoning
Map, is hereby amended by providing that said Planned Development
District No. 7, London Square, be set forth on supplementary map numbered
20, which is hereby made a part of this local law.[1]
