[Adopted 10-5-1987 by L.L. 10-1987]
This local law shall be known and may be cited
as "Local Law No. 10-1987 of the Town of Clifton Park, 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
to be Known as `Planned Development District No. 31, Forest Pointe.'"
Chapter 208, Zoning, of the Code of the Town of Clifton Park and any and all prior amendments thereto affecting the subject premises and the Zoning Map of the Town of Clifton Park as set forth therein and made a part thereof are hereby 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 "Planned Development District No. 31, Forest Pointe."
The area of said Planned Development District
No. 31, Forest Pointe, consists of approximately 21.328 acres of land
located southerly of Crescent Road and is bounded and described as
follows: All that certain tract, piece or parcel of land situate,
lying and being in the Town of Clifton Park, Saratoga County, New
York, lying generally southerly of the southernmost terminus of Foxwood
Drive North and generally westerly of Crescent Estates, Sections 6,
7, and 8, and being more particularly bounded and described as follows:
A.
Beginning at a point at the most southwesterly terminus
of Foxwood Drive North, as previously dedicated to the Town of Clifton
Park at its intersection with the division line between Phase V, Foxwood
Apartments (Buildings 28, 30 and 31) on the southeast and Phase IV,
Foxwood Apartments (Building 27-4) on the northwest and runs thence
from said point of beginning along the southeasterly terminus of Foxwood
Drive North north 56 degrees 09 minutes 10 seconds east 60.00 feet
to its intersection with the division line between Phase IV, Foxwood
Apartments (Buildings 24-1S, 23-1 and 22-1S) on the northeast and
lands herein described on the southwest; thence along the above last
mentioned division line south 34 degrees 22 minutes 00 seconds east
119.09 feet to its intersection with a division line between Phase
IV, Foxwood Apartments on the northwest and lands herein described
on the southeast; thence along the above last mentioned division line
north 70 degrees 05 minutes 50 seconds east 280.00 feet to its intersection
with the division line between Crescent Estates, Section No. 7, on
the east and lands herein described on the west; thence along the
division line between Crescent Estates, Section No. 7, and lands herein
described the following two courses:
B.
Thence along the division between Crescent Estates,
Section No. 8, and lands herein described the following five courses:
(1)
South 02 degrees 57 minutes 00 seconds west
95.43 feet to a point;
(2)
Thence south 18 degrees 37 minutes 20 seconds
west 316.68 feet to a point;
(3)
Thence south 02 degrees 55 minutes 40 seconds
east 280.00 feet to a point;
(4)
Thence south 19 degrees 55 minutes 40 seconds
east 453.00 feet to a point; and
(5)
Thence south 03 degrees 02 minutes 30 seconds
west 344.81 feet to its intersection with the division line between
lands of Niagara Mohawk Power Corporation on the south and lands herein
described on the north; thence along the above last mentioned division
line north 78 degrees 40 minutes 40 seconds west 65.41 feet to the
center line of a stream on the division line between lands now or
formerly of Howard D. Hoffman on the west and lands herein described
on the east; thence along the center line of said stream, as it winds
and turns 1,590 feet to a point on the common division line between
lands now or formerly of Howard D. Hoffman in part and lands now or
formerly of Harriet Rousselle on the west and lands herein described
on the east (the tie distance for the above last mentioned course
being north 44 degrees 15 minutes 50 seconds west 1,176.31 feet);
thence along the above last mentioned division north 00 degrees 17
minutes 30 seconds west 903.86 feet to its intersection with the division
line between Phase V, Foxwood Apartments (Buildings 28, 30 and 31)
on the north and lands herein described on the south; thence along
the above last mentioned division line south 82 degrees 31 minutes
10 seconds east 340.98 feet to a point on the division line between
Phase V, Foxwood Apartments, on the west and lands herein described
on the east; thence along the above last mentioned division line along
a curve to the left having a radius of 578.16 feet a chord of north
08 degrees 38 minutes 40 seconds west 492.36 feet an arc distance
508.60 feet to the point or place of beginning and containing 21.328
acres of land.
A.
There shall be constructed within the area of said
Planned Development District No. 31, Forest Pointe, multiple condominium
dwellings, private streets, parking areas, a swimming pools, recreational
facilities, open space, maintenance building and maintenance areas,
all as set forth on a preliminary site plan entitled, "Foxwood Forest
Pointe Section," dated October 29, 1986, and revised January 15, 1987,
on file with the Planning Board of the Town of Clifton Park.
B.
The entrance to Forest Point shall be from Foxwood
Drive at a spot as shall be determined by the Town Planning Board
during site plan review.
C.
There shall be seven buildings containing 12 dwelling
units and there shall be six buildings containing eight dwelling units.
The total number of dwelling units shall not exceed 132. No building
shall exceed two stories in height. Each dwelling unit shall contain
two baths and shall contain no more than three bedrooms.
D.
There may be constructed an entrance sign.
Development of the improvements to be located
in the planned development district will follow and be based upon
said preliminary site plan. Any aspect of this preliminary site plan,
except the maximum number of dwelling units, may be changed, altered
or amended by the Town Planning Board.
Water will be supplied by the Crescent Estates
Water Company and sewer service will be provided by the Crescent Waste
Treatment Corporation.
Before construction of the planned development
district is commenced, or before any building permit relating thereto
is issued, final plans and specifications shall be submitted to the
Town Planning Board for its approval and shall be approved by the
Town Planning Board. Such final plans and specifications shall be
filed with the Town Clerk and the Town Planning Board after approval
thereof by the Town Planning Board.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer 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/or engineer 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 following such approval
by the Town Planning Board, such plans shall be filed in the office
of the Town Clerk. The architect and/or engineer performing the work
herein 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.
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 Planned Development District No. 31, Forest
Pointe, 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 either
or both of said requirements by resolution.
