Residential Zoning Districts R-1 and R-2 are planned to increase the values of buildings and property used for permanent living occupancy and to meet the purposes as stated in Article I of this chapter.

Buildings used for purposes other than permanent occupancy should be constructed and maintained in the other districts as described below, except that nonresidential special permit uses may be allowed as outlined in Schedule A.[1]

Area and bulk regulations for the five zoning districts can be found in Schedule B.[2]

District boundary lines are shown on the Village Zoning Map and generally coincide with lot lines shown on the real property tax maps prepared for the Saratoga County Board of Supervisors, dated May, 1992.

Where uncertainty exists in determining the precise location of any district boundary line, the Zoning Board of Appeals shall interpret the intent and purpose of the Zoning Map.

The Village of Ballston Spa Zoning Law and the Zoning Map of the Village as set forth therein be and the same hereby is amended by changing the area described in the annexed Appendix A[1] from District R-1 Residential such as now zoned to a new district, Section R-2S Residential District Seniors (hereinafter R-2S).

The R-2S District will contain 15 two-story eight-unit buildings, to be used for private residential purposes, and occupancy, by persons 55 years of age or older and their spouses. Occupancy for less than 72 hours by any guest of any occupant of the property shall be allowed in any month. The approximate location of the buildings and access to the site and the location of parking shall be in accordance with the approved sketch plan, annexed hereto as Appendix B,[2] provided that the applicable setback in the R-2S Zone will be a twenty-five-foot front setback, a fifteen-foot side setback and a twenty-five-foot rear setback. Notwithstanding, the setback from the boundary with Brookside Museum shall substantially conform to the approved site plan and shall have at least a sixty-foot setback. In the event that common access with the owner of property immediately on the north is not possible, access shall be at the northernmost boundary of the property. A sidewalk will be installed by the applicant along the west side of Fairground Avenue as a pedestrian link to the downtown area of the Village. A sidewalk shall be provided from Fairground Avenue into the site and to each building. Parking is to be determined during the site plan review process and recommendations by the Village Engineers. Parking shall be substantially as per the design set forth in Appendix B and shall allow for emergency vehicle turnaround.

Except as herein provided, the site plan review process as set forth in Article VII of this chapter will be applicable.

Water will be supplied by the Village of Ballston Spa water system. Sanitary sewerage will be provided by connection to the Village of Ballston Spa sewer system. Victorian-style streetlamps shall be installed from the beginning of the project down Fairground Avenue to its intersection with Front Street and Charlton Street in the style selected by the Village. The number of lights to be installed will be determined by the Village, and all wiring for these lights will be underground.

The architectural style of the buildings shall conform to the design and style of the Phase I structure.

The height of the structures is not to exceed two stories.

An engineering review reimbursement shall be established to cover the time already expended, as well as future expenses associated with the technical review of this project, in an amount to be established by Clough, Harbour & Associates, the Village Engineers, and replenished as required by the Village.

There shall be a buffer between the project and the museum property immediately to the east, as follows: a buffer of not less than 60 feet from the eastern shared property line, except the proposed driveway and drainage features will be allowed to encroach into the buffer per the design set forth at the October 25, 2010, meeting, and as shown on the attached plans, and as approved by the Village Engineer.

No construction activity shall be allowed in Phase II until the stormwater management issues remaining in Phase I are taken care of to the satisfaction, inspection and approval of the Village Engineer.

That a construction and landscaping bond or letter of credit in an amount to be determined by the Village engineering consultant be established for the project. The construction bond will cover all work within the Village right-of-way and also cover street repair/construction that may be required as a result of construction activity. The landscaping bond will cover all landscaping (plantings) proposed for the project. Bonds or letters of credit will be extended for a one-year period after completion of the work to serve as a one-year warranty.

No certificates of occupancy shall be issued until landscaping is complete and sidewalks are in place for the particular building in which the COs are sought. It is anticipated that the buildings will be constructed in phases and COs issued in phases as well.

All sections of prior laws not inconsistent herewith shall remain in effect.