[Adopted 3-28-1977 by L.L. 4-1977]
This local law shall be known and may be cited
as a "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,'[1] Providing for the Creation of a Planned Development District
No. 18 To Be Known as 'Country Knolls West.'"
Chapter 208, Zoning, of the Code of 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 Residence District R-1 a portion thereof as hereinafter described and creating within the boundaries of said newly described area a planned development district to be known and described as "Country Knolls West."
A.
The area of said Country Knolls West consists of 377
acres and is bounded and described as follows. The area is located
in the Jonesville area of the Town of Clifton Park, south of Ushers
Road, north of Carlton Road, east of Main Street and west of Pierce
Road.
B.
All that piece or parcel of land situate in the Town
of Clifton Park, County of Saratoga, State of New York, and bounded
on the north by the lands of John Abele, Curtis Daniels, G. A. Pettinos,
Eugene Hynes, Carl Hynes and the existing lands of Country Knolls
(Sect. 22-24), on the south by Carlton Road and the lands of William
S. Ryan, Stewart Carter, Theron J. Roblee, Curtis Daniels, John Abele
and other lands of Robert Van Patten, on the east by the lands of
Northway 10 Industrial Park, on the west by Main Street, Edward Street
and the lands of Curtis Daniels, John Abele, Vedder, M. Thriel, Myrtle
E. Heslop and William Blodgett and more particularly described as
follows:
C.
Beginning at an iron pin set in the north right-of-way
line of Carlton Road, running thence along said north line the following
three courses:
E.
Running thence along said north line south 46º-53'-10"
east 87.26 feet to an iron pin found in the southwest corner of the
lands of Stewart Carter; running thence along the lands of Carter
the following three courses:
(1)
North 38º-38'40" east 178.25 feet to an
iron pin found;
(2)
South 51º-17'-10" east 193.67 feet to an
iron pin found;
(3)
South 51º-20'-10" east 193.74 feet to an
iron pin found, said pin being the northeast corner of Carter and
the northwest corner of the lands of William S. Ryan; running thence
along the north line of Ryan south 52º-53'-00" east 547.67 feet
to an iron pin set; running thence along the east line of Ryan south
38º-06'-40" west 175.00 feet to a point in the north line of
Carlton Road; running thence along said north line the following two
courses: (1) South 51º52'-40" east 37.93 feet to a point; South
51º-53'-10" east 134.06 feet to a point;
F.
Running thence along the north line of said other
lands of Robert Van Patten the following 13 courses:
(1)
South 84º-26'-30" east 336.23 feet to a
point;
(2)
South 88º-52'-50" east 209.74 feet to a
point;
(3)
North 87º-11'-00" east 343.90 feet to a
point;
(4)
North 83º-29'-20" east 209.71 feet to a
point;
(5)
North 73º-56'-50" east 1,035.68 feet to
a point;
(6)
North 72º-34'-40" east 290.50 feet to a
point;
(7)
North 72º-25'-50" east 325.50 feet to a
point;
(8)
North 67º-48'-50" east 428.11 feet to a
point;
(9)
North 60º-04'-40" east 110.64 feet to a
point;
(10)
North 59º-15'-50" east 474.96 feet to a
point;
(11)
North 59º-15'-50" east 343.95 feet to a
point;
(12)
North 59º-15'-50" east 552.50 feet to a
point;
(13)
North 59º-15'-50" east 148.73 feet to a
point in the west line of the lands of the Northway 10 Industrial
Park; running thence along said west line north 20º-48'-00" west
1,831.65 feet to a point in the east line of the lands of the existing
Country Knolls Sect. 22-24; running thence along the said east line
south 36º-37'-10" west 1,191.62 feet to a point in the south
line of the existing Sect. 22-24;
G.
Running thence along said south line the following
five courses:
(1)
North 64º-09'-30" west 846.30 feet to an
iron in found;
(2)
North 63º-16'-00" west 304.58 feet to an
iron pin found;
(3)
North 58º-33'-20" west 253.44 feet to a
point;
(4)
North 48º-49'-00" west 441.19 feet to a
point;
(5)
North 49º02'-00" west 389.03 feet to a
point, said point being the southeast corner of the lands of Eugene
Hynes;
H.
Running thence along the south line of Hynes the following
eight courses:
(1)
North 38º-06'-20" west 69.92 feet to an
iron pin found;
(2)
North 37º-14'-20" west 89.22 feet to an
iron pin found;
(3)
North 36º-41'-40" west 202.15 feet to a
point;
(4)
North 37º-58'-20" west 49.87 feet to a
point;
(5)
North 34º-28'-30" west 260.43 feet to an
iron pin found;
(6)
North 82º-15'-10" west 111.87 feet to a
point;
(7)
North 81º-27'-40" west 224.30 feet to an
iron pin found;
(8)
North 81º-31'-10" west 437.35 feet to an
iron pin found in the southwest corner of the lands of Hynes; running
thence along the west line of Hynes north 01º-50'-30" west 175.90
feet to an iron pin found in the southeast corner of the lands of
G. A. Pettinos;
I.
Running thence along the south line of Pettinos the
following seven courses:
(1)
North 60º-21'-00" west 696.33 feet to a
point;
(2)
North 63º-05'-20" west 261.23 feet to a
point;
(3)
North 89º-03'-30" west 184.82 feet to a
point;
(4)
North 87º-03'-40" west 250.86 feet to a
point;
(5)
North 58º-35'-50" west 221.62 feet to a
point;
(6)
South 63º-09'-50" west 191.68 feet to a
point;
(7)
South 65º-24'-00" west 173.95 feet to a
point, said point being the southeast corner of the lands of John
Abele; running thence along the south line of Abele north 69º-17'-20"
west 262.02 feet to a point; running thence along said south line
north 72º-47'-20" west 163.68 feet to an iron pin found; running
thence south 01º-38'-20" east 143.09 feet to an iron pin found;
running thence south 01º-34'-50" west 205.74 feet to an iron
pin found; running thence south 00º-06'-50" west 167.43 feet
to an iron pin set, said pin being the southeast corner of the lands
of William Blodgett; running thence south 02º-51'-30" east 68.15
feet to an iron pin set in the northeast corner of the lands of Myrtle
E. Heslop; running thence along the east line of Heslop south 01º-32'-50"
east 167.55 feet to a point, said point being the northwest corner
of the lands of M. Turiel;
J.
Running thence along the lands of Turiel the following
two courses:
(1)
North 78º-09'-40" east 204.00 feet to a
point;
(2)
South 01º-47'-10" east 239.50 feet to an
iron pin found in the north right-of-way line of Edward Street; running
thence south 01º-47'-20" east 50.00 feet to an iron pin set in
the south line of Edward Street, said pin being the northeast corner
of the lands of Vedder; running thence along the east line of Vedder
south 01º-47'-20" east 298.76 feet to an iron pin set in the
north line of the lands of John Abele;
K.
Running thence along the lands of Abele the following
seven courses:
(1)
South 86º-08'-40" east 367.67 feet to an
iron pin set;
(2)
South 78º-34'-40" east 988.96 feet to an
iron pin set;
(3)
North 77º-06'-10" east 17.56 feet to an
iron pin set;
(4)
South 74º-36'-40" east 132.00 feet to an
iron pin set;
(5)
South 77º-36'-30" east 797.94 feet to an
iron pin set;
(6)
South 27º-34'-20" west 1,263.78 feet to
an iron pin set;
(7)
North 76º-34'-00" west 1,698.63 feet to
an iron pin set in the northeast corner of the lands of Curtis Daniels;
running thence along the east line of Daniels south 13º-26'-20"
west 92.16 feet to an iron pin found; running thence along the south
line of Daniels north 74º-34'-00" west 283.84 feet to a point
in the east right-of-way line of Main Street;
L.
Running thence along said east right-of-way line the
following five courses:
M.
Containing 377.21 acres of land, be the same, more
or less.
N.
All bearings mentioned herein refer to true North
at the west 74º-20' meridian of longitude.
A.
The total area of the planned development district
is 377 acres. The area will consist of up to 534 single-family residences
and up to 80 twin houses in 40 buildings occupying approximately 339
acres, including the parkland and open lands and up to 168 four-plexes
situated on approximately 38 acres in 42 buildings. There will be
approximately 34.5 acres of park land and 28.5 acres of open land,
title to which will remain in Robert Van Patten. The single-family
lots will have a minimum width of 100 feet for lots along the streets
and a minimum of 80 feet for lots on culs-de-sac, a minimum side yard
of 10 feet, a minimum back yard of 25 feet, a minimum front yard of
30 feet, a minimum area of 14,000 square feet and an average area
of between 16,000 and 18,000 square feet. The four-plexes will have
a minimum front yard of 30 feet, a minimum rear yard of 25 feet and
a maximum number of four living units to a building. Said development
is described according to a sketch plan serving as a preapplication
plan in the Subdivision Law[1] setting forth the general description of the proposal.
The sketch plan and proposed use are on file with the Town Planning
Board of the Town of Clifton Park. The sketch plan may be changed,
altered or amended by approval and recommendation of the Planning
Board.
[1]
Editor's Note: See Ch. A215, Subdivision Regulations.
B.
Before construction of Country Knolls West 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 the Town Board and shall be filed with the Town Clerk. The
final number of single-family houses, twin houses and four-plexes
may be adjusted by the Planning Board and the Town Board, and the
final layout and design of all park areas and roadways are subject
to modification of the Town Planning Board and the Town Board when
final plans and specifications are submitted.
C.
The boundaries of the parcel of land within Planned
Development District No. 18 on which four-plexes may be built shall
be altered so as to include that parcel of land described as follows:
All that tract, piece or parcel of land situate, lying and being in
the Town of Clifton Park, County of Saratoga, State of New York, and
constituting a portion of Planned Development District No. 18, entitled
"Country Knolls West" and described as follows:
[Added 4-12-1982 by L.L. 2-1982]
(1)
Beginning at a point of interception of the
southerly boundary line of a proposed stub street leading easterly
of Westchester Drive (so called — to be renamed) and
the westerly boundary line of a parcel of land designated as a multifamily
area in said Country Knolls West;
(2)
Thence in a generally southeasterly direction
along and upon said westerly boundary line of said multifamily area
the following courses and distances:
|
S.
|
17º 34' 28" E. 113.51 feet;
| |
|
S.
|
57º 35' 23" E. 88.59 feet;
| |
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S.
|
52º 25' 25" E. 189.67 feet;
| |
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S.
|
41º 03' 13" E. 257.82 feet;
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S.
|
27º 01' 50" E. 550.27 feet to a point southerly
of Van Patten Drive;
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(3)
Thence in a generally southwesterly direction
the following courses and distances:
|
S.
|
59º 15' 50" W. 234.84 feet;
| |
|
S.
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60º 04' 37" W. 110.64 feet;
| |
|
S.
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67º 48' 48" W. 109.82 feet;
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(4)
Thence in a generally northerly direction and
recrossing Van Patten Drive the following courses and distances:
|
N.
|
13º 30' 11" W. 372.53 feet;
| |
|
N.
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27º 41' 06" W. 155.09 feet;
| |
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N.
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53º 00' 17" W. 154.13 feet;
| |
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N.
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61º 41' 20" W. 112.17 feet;
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N.
|
66º 48' 12" W. 156.72 feet to a point on
the southeasterly boundary of Firestone Lane;
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(5)
Thence crossing said Firestone Lane N. 01º
28' 30" W. a distance of 116.51 feet to a point in the northwesterly
boundary of said Firestone Lane;
(6)
Thence N. 51º 43' 14" W. 157.93 feet;
(7)
Thence N. 00º 02' 07" W. 205.78 feet;
(8)
Thence N. 80º 11' 20" E. 158.69 feet to
a point in the westerly boundary of Westchester Drive (so called);
(9)
Thence crossing said Westchester Drive (so called)
S. 57º 14' 32" E. 85.54 feet to a point on the easterly boundary
line of said Westchester Drive (so called);
(10)
Thence on a curve to the right, the radius of
which is 30 feet, the chord distance of which is 43.60 feet, a distance
of 48.81 feet to a point on the southerly boundary of the aforementioned
proposed stub street;
(11)
Thence, along and upon said southerly boundary
line N. 77º 28' 10" W. 125 feet to the point or place of beginning,
being a parcel of land irregular in shape and adjoining on the southwest
the portion of Country Knolls West designated as a multifamily area
all as shown on a portion of a map prepared by David F. Palma, P.E.
and L.S., dated November 14, 1979, and filed in the office of the
Town Clerk of the Town of Clifton Park and is further generally designated
as the shaded area of a sketch initialed by Robert Van Patten on March
19, 1982, and which sketch is likewise filed in the office of the
Town Clerk of the Town of Clifton Park.
D.
The parcels of land within Planned Development District
No. 18, in addition to those established by Local Law No. 4-1977 and
by Local Law No. 2-1982[2] on which future four-plex units may be built shall be
limited to those parcels described as follows; and the parcels of
land within Planned Development District No. 18 on which future twin-house
units may be built shall be limited to those parcels described as
follows:
[Added 3-11-1985 by L.L. 2-1985]
(1)
Parcel No. 1: Section 51A, as shown on a map
entitled "Country Knolls West, Section 51A," dated January 15, 1985,
prepared by C.T. Male Associates, P.C., DWG No. 85-34R, and consisting
of 7.49 acres and filed with the Town Clerk.
(2)
Parcel No. 2: Section 53A, as shown on a map
entitled "Country Knolls West, Section 53A," dated December 20, 1984,
prepared by C.T. Male Associates, P.C., DWG No. 85-35R, and consisting
of 12.3 acres and filed with the Town Clerk.
(3)
Parcel No. 3: Section 54, as shown on a map
entitled "Country Knolls West, Section 54," dated December 20, 1984,
prepared by C.T. Male Associates, P.C., DWG No. 85-36R, and consisting
of 20.44 acres and filed with the Town Clerk; excepting, however,
lots numbered 12, 13, 14, 15, 16 and 17 as shown on said map, on which
said lots only single-family detached dwellings are permitted.
[Added 4-24-1990 by L.L. 8-1990]
Notwithstanding the minimum width, minimum back yard and minimum rear yard setbacks provided in § A217-106 hereinabove, setbacks for accessory buildings will be permitted as set forth in Local Law No. 2-1967, and any amendments thereto (collectively, the Zoning Law) pertaining to accessory buildings.[1]
For vehicular traffic purposes, there will be
two points of ingress and egress to Country Knolls West on Carlton
Road and one point of ingress and egress on Ushers Road.
Water will be supplied by a central water supply
system and facilities presently owned by the Country Knolls Water
Works, Inc., a private transportation corporation. Sanitary sewer
service for the project will be provided by Clifton Knolls Sewage
Disposal Company, Inc., a private transportation corporation and the
Saratoga County Sewer District No. 1 facilities. The water and sewage
treatment facilities are subject to state approval.
A.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed engineer
or architect and in strict compliance with the New York State Building
Code. All four-plex construction shall be performed subject to the
direction and control of a duly licensed engineer or 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, with final approval
to rest with the Town Board, and on final approval by the Town Board,
plans shall be filed in the office of the Town Clerk. The engineer
or 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.
B.
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 of 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.
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 Country Knolls West has not begun or, if after
construction has begun, unless substantial progress continues without
undue interruption thereafter. 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.
