[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.
