§ 167A-5. Stewart-Teele Planned Development District No. 5 (Known as "Pine North").

A. 

This ordinance shall be known as "Ordinance No. 2 of 1974" and amends the Town of Malta, New York, Zoning Ordinance.

B. 

The Town of Malta, New York, Zoning Ordinance and Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing from District R-1 a portion hereof and creating within the boundaries of said described area a planned development district to be known and described as "Planned Development District No. 5, Stewart-Teele Subdivision, Town of Malta."

C. 

The area of said Planned Development District No. 5, Stewart-Teele Subdivision, Town of Malta, is bounded and described in Subsection D below.

D. 

Development and boundaries.

(1) 

There shall be constructed within the boundaries of Planned Development District No. 5, Stewart-Teele Subdivision, Town of Malta, 49 single-family homes on a total of 46 acres plus or minus, each lot having one-hundred-foot minimum lot frontage at the building line, and each lot having a minimum of 20,000 square feet. Upon application to the Building Inspector and with the approval of the Town Planning Board or appropriate plans, the developer may construct a home with a separate apartment for occupancy by a relative of the principal owner, provided that the exterior of such home is found to be in keeping with the single-family home architecture of the planned development district.

[Amended 11-6-1978 by Ord. No. 6-1978]

(2) 

The property may be developed in stages, and before any construction is started and any building permit is issued relating thereto, final plats, plans and specifications of the specific stages shall be submitted to and approved by the Town Planning Board and a Town Engineer and filed with the Town Clerk.

(3) 

Boundaries.

(a) 

ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being on the easterly side of Van Aernum Road in the Town of Malta, County of Saratoga and State of New York, bounded and described as follows:

[1] 

On the west by the easterly line of Van Aernum Road; on the south by lands now or formerly of Duel and Munroe; on the east by Interstate Highway Route 87; and on the north by lines parallel to the northerly line of lands of said Deuel and Munroe and distant 660 feet therefrom.

[2] 

SUBJECT to all public utility easements and use restrictions of record, if any, affecting said premises.

[3] 

EXCEPTION AND RESERVING to Wallace B. Bush, Viola M. Bush, Gerald Dahlquist and Elaine Dahlquist the right to draw water from the spring located on the above-described premises together with the right of access for the purpose of maintaining or reconstructing their existing water system and lines leading thereto. This easement shall terminate when Wallace B. Bush, Viola M. Bush, Gerald Dahlquist and Elaine Dahlquist shall be supplied with water without charge by a water works corporation; the supply of such water shall extend free of charge to them respectively for their lifetimes or until they sell and transfer their respective residences.

(b) 

LANDS TO BE CONVEYED TO STEWART-TEELE CONSTRUCTION COMPANY, INC., PURSUANT TO AN AGREEMENT DATED MAY 9, 1974, BETWEEN WALLACE B. BUSH AND VIOLA M. BUSH, his wife, AND STEWART-TEELE CONSTRUCTION CO., INC.

[1] 

All that tract, piece or parcel of land situate in the Town of Malta, Saratoga County, New York, lying along the easterly margin of Van Aernum Road, also lying along the westerly margin of the Adirondack Northway Interstate Route 502-2-3, and being more particularly bounded and described as follows: BEGINNING at the point of intersection of the easterly margin of Van Aernum Road with the common division line between lands now or formerly of Gilbert C. Munroe as described in Book 730 of Deeds at Page 333 on the south and lands of Wallace B. Bush and Viola M. Bush as described in Book 609 of Deeds at Page 422 on the north and runs thence along the easterly margin of Van Aernum Road the following three courses: north 29" 15' 40" east, 898.84 feet to a point of curve; thence northerly along a curve to the left of radius 629.75 feet, a distance of 372.60 feet to a point of tangency (the chord for the above-described arc being north 12 degrees 18 minutes, 50 seconds east, 367.19 feet); thence north 4 degrees, thirty eight minutes, 10 seconds west, 146.81 feet to a point; thence along the common division line between lands of Bush on the south and lands now or formerly of Mattie K. Atkins as described in Book 362 of Deeds at Page 566, lands now or formerly of Robert Heineman as described in Book 912 of Deeds at Page 1112 and lands now or formerly of Joseph R. Schaeffer on the north, north 32 degrees, 35 minutes, 40 seconds east, 1,359.27 feet to a point on the westerly margin of the Adirondack Northway Interstate Route 502-2-3; thence along the westerly margin of Interstate Route 502-2-3 the following four courses: south 7 degrees, 46 minutes, 30 seconds west, 367.49 feet to a point; thence south 7 degrees, 57 minutes, 20 seconds west, 402.06 feet to a point; thence south 7 degrees, 13 minutes, 20 seconds west, 402.61 feet to a point; thence south 6 degrees, 41 minutes, 00 seconds west, 266.55 feet to a point; thence along the common division line between lands of Bush on the north and lands now of formerly or Frank Duel as described in Book 659 of Deeds at Page 349 and lands now or formerly of Gilbert C. Munroe as described in Book 730 of Deeds at Page 333 on the south, south 82 degrees, 20 minutes, 40 seconds west, 650.07 feet to a point; thence along the common division line between lands of Bush on the north and lands of said Munroe on the south, north 85 degrees, 39 minutes, 20 seconds west, 1,021.45 feet to a point or place of beginning, containing about 45.886 acres of land.

[2] 

The above-described parcel is shown on a map entitled "Survey of a Portion of Lands of Stewart & Teele Construction Co., Inc.," dated July 10, 1974, made by C.T. Male Associates, P.C.

E. 

All roads or streets shall be constructed pursuant to the specifications in effect for the construction of Town highways. A community water supply will be constructed to serve the planned development district and such shall be approved by the appropriate New York State agencies. Such state agencies shall also approve the sewerage disposal system or systems.

F. 

This amendment shall be deemed automatically revoked and void, and the previous regulations shall apply, if, within 12 months from the date of this amendment, commencement of the construction of the subdivision has not begun, or if after construction has begun unless substantial progress continues without undue interruption thereafter. For the purpose of this section, "substantial progress" shall mean the development of a minimum of five lots in each calendar year beginning January 1, 1975. Progress shall continue without interruption each year, with a minimum of five lots being developed during each year, except for proper cause shown the Town Board may grant one extension of time not to exceed six months.

G. 

If any provisions of this ordinance shall be held invalid the remainder of the ordinance shall not be affected thereby.

Adopted 12-3-1974 by Ord. No. 2-1974