Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents
[Adopted 12-27-1983 by L.L. 11-1983]
[Amended 4-15-2002 by L.L. 4-2002]
This local law shall be known and may be cited as a "Local Law Relating to Zoning for the Town of Clifton Park Amending Local Law #11-1983, which Local Law Provided for the Creation of a Planned Development District To Be Known as 'Planned Development District, Green Meadows."'
[Amended 4-15-2002 by L.L. 4-2002]
The Zoning 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, as amended by Local Law #11-1983 changing from Residence District R-1 a portion thereof as described in said Local Law #11-1983 entitled as "Planned Development District, Green Meadows" is further amended to eliminate from said boundaries and said Planned Development District two parcels of land more fully described as follows:
A. 
Wheeler Parcel:955 Route 146, Clifton Park
(1) 
ALL THAT PIECE OR PARCEL OF LAND situate, lying and being in Town of Clifton Park, Saratoga County, New York, lying and being on the northerly side of New York State Route 146, State Highway No. 8137, bounded and described as follows: Beginning at a point on the northerly boundary of New York State Route 146, State Highway No. 8137, at the southeast corner of lands now or formerly of Francis W. Atwood and Stella M. Atwood; running thence N 9º 45' 40" E 183' along the easterly line of said Atwood's lands to a point; thence the following four courses: 1) S 69º 32' 40" E 130.55' to a point; 2) thence S 19º 54' 30" W 93.00' to a point; 3) thence S 12º 54' 30" W 42.84' to a point of curvature; 4) thence in a generally southwesterly direction along a curve to the right having a radius of 30.00 feet, a chord bearing of S 57º 54' 30" W and a chord distance of 42.42 feet, an arc length of 47.12 feet to a point of tangency on the above mentioned highway boundary; thence along the said above mentioned highway boundary the following two courses: 1) N 77º 05' 30" W 28.00' to angle point; 2) thence N 77º 35' 25" W 50.04' to the point or place of beginning and containing 20,037 square feet more or less.
(2) 
TOGETHER with a temporary easement for ingress and egress, in, on or over the hereinafter described parcel, bounded and described as follows: Beginning at a point on the northerly boundary of New York State Route 146, State Highway No. 8137, said point being located N 77º 35' 25" W 116.14' as measured along the above mentioned highway boundary from the southwest corner of lands now or formerly of Edward Reisinger and Barbara Reisinger; running thence along the said highway the following two courses: 1) N 77º 35' 25" W 33.26' to an angle point; 2) thence N 77º 05' 30" W 87.00' to a point; thence the following seven courses: 1) in a generally northeasterly direction along a curve to the left having a radius of 30.00 feet, a chord bearing of N 57º 54' 30" E and a chord distance of 42.43 feet, an arc length of 47.12 feet to a point of tangency; 2) thence N 12º 54' 30" E 42.84' to a point; 3) thence N 19º 54' 30" E 93.00' to a point; 4) thence N 87º 57' 30" E 67.92' to a point; 5) thence S 19º 54' 30" W 121.17' to a point; 6) thence S 12º 54' 30" W 38.88' to a point of curvature; 7) thence in a generally southeasterly direction along a curve to the left having a radius of 30.00 feet, a chord bearing of S 32º 30' 30" E and a chord distance of 42.61 feet, an arc length of 47.38 feet to the point or place of beginning. The above described temporary easement for ingress and egress shall terminate when it shall have become a public highway.
B. 
Semeraro Parcel: 951 Route 146, Clifton Park
(1) 
ALL THOSE TRACTS, PIECES OR PARCELS OF LAND situate, lying and being in the Town of Clifton Park, Saratoga County, New York, lying and being on the northerly side of New York State Route 146, State Highway No. 8137, as shown on a map entitled "Green Meadows, Town of Clifton Park, Saratoga County, New York," dated May 31, 1979, and revised January 1980, prepared by C.T. Male Associates, P.C., being more particularly bounded and described as follows:
(2) 
BEGINNING at a point at the intersection of the division line between lands now or formerly of George A. Wheeler and Thomas P. Deveno on the west and the lands now or formerly of Edward Reisinger and Barbara Reisinger on the east with the northerly boundary of New York State Route 146, State Highway No. 8137, and runs thence from said point of beginning north 77º 55' 25" west, 116.14 feet along the above mentioned highway boundary to a point of curvature; thence through the lands now or formerly of George A. Wheeler and Thomas P. Deveno the following four courses: 1) In a generally northwesterly direction along a curve to the right having a radius of 30.00 feet, a chord bearing of north 32º 30' 30" west and a chord distance of 42.61 feet, an arc length of 47.38 feet to a point of tangency; 2) thence north 12º 54' 30" east, 38.88 feet to a point; 3) thence north 19º 54' 30" east, 121.17 feet to a point; 4) thence south 69º 59' 40" east, 114.11 feet to a point on the above first mentioned division line; thence south 06º 52' 20" west, 175.00 feet along the said above first mentioned division line to the point or place of beginning and containing 23,891 square feet more or less.
(3) 
TOGETHER with a temporary easement for ingress and egress in, on, or over the hereinafter described parcel, which said temporary easement is particularly bounded and describes as follows:
(4) 
BEGINNING at a point on the northerly boundary of New York State Route 146, State Highway No. 8137, said point being located north 77º 35' 25" west, 116.14 feet as measured along the above mentioned highway boundary from its intersection with the division line between the lands now or formerly of George A. Wheeler and Thomas P. Deveno on the west and lands now or formerly of Edward Reisinger and Barbara Reisinger on the east and runs thence from said point of beginning along the said above mentioned highway boundary the following two courses: 1) north 77º 35' 25" west, 33.26 feet to an angle point; 2) thence north 77º 05' 30" west, 87.00 feet to a point; thence through lands now or formerly of George A. Wheeler and Thomas P. Deveno the following seven courses: 1) in a generally northeasterly direction along a curve to the left having a radius of 30.00 feet, a chord bearing north 57º 54' 30" east, and a chord distance of 42.43 feet, an arc length of 47.12 feet to a point of tangency; 2) thence north 12º 54' 30" east, 42.84 feet to a point; 3) thence north 19º 54' 30" east, 93.00 feet to a point; 4) thence north 81º 57' 30" east, 67.92 feet to a point; 5) thence south 19º 54' 30" west, 121.17 feet to a point; 6) thence south 12º 54' 30" west, 38.88 feet to a point of curvature; 7) thence in a generally southeasterly direction along a curve to the left having a radius of 30.00 feet, a chord bearing of south 32º 30' 30" east and a chord distance of 42.61 feet, an arc length of 47.38 feet to the point or place of beginning.
[Amended 4-15-2002 by L.L. 4-2002]
The area of said Planned Development District, Green Meadows, is bounded and described as follows: All that tract, piece or parcel of land situated in the Town of Clifton Park, Saratoga County, New York, lying along the northerly side of New York State Route 146 and being more particularly bounded and described as follows:
A. 
Beginning at a point in the northerly right-of-way line of New York State Route 146, said point marking the division line between lands of George A. Wheeler, Inc., on the east and lands now or formerly of Atwood on the west and running thence along said easterly line of lands now or formerly of Atwood north 24º 13' east 365 feet to a point; thence along the northerly line of lands now or formerly of Atwood north 65º 47' west 145 feet to a point in the easterly line of lands now or formerly of Hancock; thence along said easterly line of lands now or formerly of Hancock north 10º 50 ' east 485 feet to a point; thence along the northerly line of lands now or formerly of Hancock and lands now or formerly of Earl McCleary north 65º 47' west 315 feet to a point in the easterly boundary of the subdivision known as Woodland Hills Section 3; thence along said easterly bounds of Woodland Hills Section 3 subdivision northerly 865fi feet to a point; in the southerly line of Woodland Hills Section No.4; thence along said Section No.4 the following two courses:
(1) 
Easterly 386.39 feet to a point;
(2) 
Easterly about 109 feet to the center line of a stream marking the westerly bounds of a parcel of land now or formerly of Janet Sibley White; thence southeasterly along said center line of stream and westerly line of lands now or formerly of Janet Sibley White about 1,300 feet to a point in the westerly line of lands now or formerly of Fraser; thence southerly along the westerly line of lands now or formerly of Fraser and lands now or formerly of R. and A. Sullivan about 330 feet to a point; thence westerly along the northerly line of lands now or formerly of A. and B. Ferraro and lands now or formerly of C. and A. DeCere about 290 feet to a point; thence southerly along the westerly line of lands now or formerly of C. and A. DeCere about 170 feet to a point; thence westerly along the northerly line of lands now or formerly of Resinger about 80 feet to a point; thence southerly along the westerly line of lands now or formerly of Resinger about 355 feet to a point in the northerly right-of-way line of aforesaid New York State Route 146; thence along said right-of-way north 65º 47' west about 315 feet to the point or place of beginning and being a parcel of land containing approximately 28± acres.
B. 
EXCEPTING AND RESERVING THEREFROM THE FOLLOWING TWO PARCELS OF LAND:
(1) 
Parcel 1.
(a) 
ALL THAT PIECE OR PARCEL OF LAND situate, lying and being in the Town of Clifton Park, Saratoga County, New York, lying and being on the northerly side of New York State Route 146, State Highway No. 8137, bounded and described as follows: Beginning at a point on the northerly boundary of New York State Route 146, State Highway No. 8137, at the southeast corner of lands now or formerly of Francis W. Atwood and Stella M. Atwood; running thence N 9º 45' 40" E 183' along the easterly line of said Atwood's lands to a point; thence the following four courses: 1) S 69º 32' 40" E 130.55' to a point; 2) thence S 19º 54' 30" W 93.00' to a point; 3) thence S 12º 54' 30" W 42.84' to a point of curvature; 4) thence in a generally southwesterly direction along a curve to the right having a radius of 30.00 feet, a chord bearing of S 57º 54' 30" W and a chord distance of 42.42 feet, an arc length of 47.12 feet to a point of tangency on the above mentioned highway boundary; thence along the said above mentioned highway boundary the following two courses: 1) N 77º 05' 30" W 28.00' to angle point; 2) thence N 77º 35' 25" W 50.04' to the point or place of beginning and containing 20,037 square feet more or less.
(b) 
TOGETHER with a temporary easement for ingress and egress, in, on or over the hereinafter described parcel, bounded and described as follows: Beginning at a point on the northerly boundary of New York State Route 146, State Highway No. 8137, said point being located N 77º 35' 25" W 116.14' as measured along the above mentioned highway boundary from the southwest corner of lands now or formerly of Edward Reisinger and Barbara Reisinger; running thence along the said highway the following two courses: 1) N 77º 35' 25" W 33.26' to an angle point; 2) thence N 77º 05' 30" W 87.00' to a point; thence the following seven courses: 1) In a generally northeasterly direction along a curve to the left having a radius of 30.00 feet, a chord bearing of N 57º 54' 30" E and a chord distance of 42.43 feet, an arc length of 47.12 feet to a point of tangency; 2) thence N 12º 54' 30" E 42.84' to a point; 3) thence N 19º 54' 30" E 93.00' to a point; 4) thence N 87º 57' 30" E 67.92' to a point; 5) thence S 19º 54' 30" W 121.17' to a point; 6) thence S 12º 54' 30" W 38.88' to a point of curvature; 7) thence in a generally southeasterly direction along a curve to the left having a radius of 30.00 feet, a chord bearing of S 32º 30' 30" E and a chord distance of 42.61 feet, an arc length of 47.38 feet to the point or place of beginning. The above described temporary easement for ingress and egress shall terminate when it shall have become a public highway.
(2) 
Parcel 2.
(a) 
ALL THOSE TRACTS, PIECES OR PARCELS OF LAND situate, lying and being in the Town of Clifton Park, Saratoga County, New York, lying and being on the northerly side of New York State Route 146, State Highway No. 8137, as shown on a map entitled "Green Meadows, Town of Clifton Park, Saratoga County, New York," dated May 31, 1979, and revised January 1980, prepared by C.T. Male Associates, P.C., being more particularly bounded and described as follows:
(b) 
BEGINNING at a point at the intersection of the division line between lands now or formerly of George A. Wheeler and Thomas P. Deveno on the west and the lands now or formerly of Edward Reisinger and Barbara Reisinger on the east with the northerly boundary of New York State Route 146, State Highway No. 8137, and runs thence from said point of beginning north 77º 55' 25" west, 116.14 feet along the above mentioned highway boundary to a point of curvature; thence through the lands now or formerly of George A. Wheeler and Thomas P. Deveno the following four courses: 1) in a generally northwesterly direction along a curve to the right having a radius of 30.00 feet, a chord bearing of north 32º 30' 30" west and a chord distance of 42.61 feet, an arc length of 47.38 feet to a point of tangency; 2) thence north 12º 54' 30" east, 38.88 feet to a point; 3) thence north 19º 54' 30" east, 121.17 feet to a point; 4) thence south 69º 59' 40" east, 114.11 feet to a point on the above first mentioned division line; thence south 06º 52' 20" west, 175.00 feet along the said above first mentioned division line to the point or place of beginning and containing 23,891 square feet more or less.
(c) 
TOGETHER with a temporary easement for ingress and egress in, on, or over the hereinafter described parcel, which said temporary easement is particularly bounded and described as follows:
(d) 
BEGINNING at a point on the northerly boundary of New York State Route 146, State Highway No. 8137, said point being located north 77º 35' 25" west, 116.14 feet as measured along the above mentioned highway boundary from its intersection with the division line between the lands now or formerly of George A. Wheeler and Thomas P. Deveno on the west and lands now or formerly of Edward Reisinger and Barbara Reisinger on the east and runs thence from said point of beginning along the said above mentioned highway boundary the following two courses: 1) north 77º 35' 25" west, 33.26 feet to an angle point; 2) thence north 77º 05' 30" west, 87.00 feet to a point; thence through lands now or formerly of George A. Wheeler and Thomas P. Deveno the following seven courses: 1) in a generally northeasterly direction along a curve to the left having a radius of 30.00 feet, a chord bearing north 57º 54' 30" east, and a chord distance of 42.43 feet, an arc length of 47.12 feet to a point of tangency; 2) thence north 12º 54' 30" east, 42.84 feet to a point; 3) thence north 19º 54' 30" east, 93.00 feet to a point; 4) thence north 81º 57' 30" east, 67.92 feet to a point; 5) thence south 19º 54' 30" west, 121.17 feet to a point; 6) thence south 12º 54' 30" west, 38.88 feet to a point of curvature; 7) thence in a generally southeasterly direction along a curve to the left having a radius of 30.00 feet, a chord bearing of south 32º 30' 30" east and a chord distance of 42.61 feet, an arc length of 47.38 feet to the point or place of beginning.
[Amended 4-15-2002 by L.L. 4-2002]
The said lots as removed from the Planned Development District shall be made a part of and become governed by the Zoning Code of the Town of Clifton Park, the portion thereof entitled B1 Business Nonretail with all the related benefits and obligations.
For vehicular traffic purposes, there will be only one point of ingress and egress to Green Meadows, the proposed planned development, from the north side of New York State Route 146. All roadways within the project will be public. The carriageway of these roads will be 30 feet in width and will conform, in structural specifications, to Town highway cross sections, with a sixty-foot-wide right-of-way.
There will be a central water supply from a connection constructed by Country Knolls Water Works to the existing Woodland Hills water supply system, which will be improved to accommodate Green Meadows as outlined in the report of C. T. Male Associates, P.C., submitted to the Planning Board. A sanitary sewer collection system will be constructed to provide sewer service for the proposed project. The new system will consist of eight-inch gravity sewer mains and a small sewage pumping station which will carry the sewage to the existing Woodland Hills eight-inch gravity sewer system. The new line will connect to an existing manhole in the vicinity of Lots 22 and 24, Reed Lane, and from that point it will flow through the existing eight-inch gravity main to the Saratoga County collection system and then be transported to the Saratoga County treatment plant. The eight-inch Woodland Hills sewer system can adequately accommodate the additional flow from the new project.
A. 
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. The final plans and specifications shall be approved by the Town Planning Board and 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, 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 the 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 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.
The common boundary lines of Green Meadows with the adjacent homeowners on Reed Lane in the Woodland Hills subdivision will be established by the developers of Green Meadows by monumentation or other suitable marking or staking.
There shall be a buffer zone of at least 100 feet separating the rear lot lines of the adjacent properties at Numbers 12, 14, 16, 18, 20 and 22, Reed Lane, in Woodland Hills from any roadways, parking areas or buildings in the Green Meadows. Shrubs shall be cut or removed, and no buildings shall be erected thereon.
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 Green Meadows 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 or an additional 100 feet if the area in § A217-167 is involved. For proper cause shown, the Town Board may, under such terms and conditions as it deems proper, waive the requirement, by resolution, that substantial progress shall continue without undue interruption.