HomeMy WebLinkAbout20240614 Lexington Road Subdivision Area VarianceNYSDOTs Lead Agency Concurrence
50 Wolf Road, Albany, NY 12232 │ www.dot.ny.gov
July 3rd, 2025
Charles Marshall, Chair of Saratoga Springs Planning Board
Saratoga Springs Planning Board
Planning Department
City Hall – 474 Broadway
Saratoga Springs, NY 12866
Re: Bemis Heights Subdivision
Lexington & Bemis Heights Road
Saratoga Springs, NY 12866
Dear Charles:
The New York State Department of Transportation has reviewed the SEQR
documentation received per the correspondence dated September 30, 2024, and offers
the following:
1. The NYSDOT acknowledges the Saratoga Springs City Planning Board
will be designated as the Lead Agency for this environmental review.
NYSDOT believes we are an Interested agency under SEQR.
2. The project area is zoned as “Residential Neighborhood (RN)” zoning per the
2015 Saratoga Springs Comprehensive plan and is “characterized by single
family residential uses with moderate density two family” (pg. 58). The project
area is also within the city’s “Country Overlay District” which designates
lands “that are important to be considered in the preservation of city
character” and establishes the need for “proactive measures to preserve the
greenbelt surrounding the urban core” (pg. 60). This project consists of the
development of 16 single-family building lots in a cluster style subdivision off
Lexington and Bemis Heights Road. This project would include the extension
of public water, public sewer, city right-of-way, stormwater collections, and
grading. The project parcel consists of 21.7 acres and would disturb less
than 5 acres of the property in construction, tree clearing, and installation of
public utilities. The project will introduce 1.37 acres of impervious surface,
decrease forested areas by 2.85 acres and wetlands by 0.395 acres, and
increase meadows/grasslands in the form of lawns by 1.88 acres.
The City of Saratoga Spring’s Comprehensive Plan establishes that along
with creating a wide range of residential opportunities, there is the goal to
“promote diversity of housing types in close proximity to employment centers
such as Downtown, the hospital, Skidmore College, the racetracks, etc.” (pg.
51). The current development aligns with this plan as it would provide new
residential homes near the Saratoga Racecourse. Further, the layout of the
residential plots aligns with the established characteristics desired in the
Residential Neighborhood zoning, such as “front and year yards, driveways,
and garages” (pg. 58).
However, although this project aligns with the housing and zoning goals
established for this area within Saratoga Springs, there are some potential
concerns to note.
Largely, the environmental impact on the area and its ecosystem is of
concern as the development will encroach on wetlands, clear forest, and
increases impervious surface is the town’s designated “greenbelt.” As per the
Full EAF submitted for the project, the wetlands are “impaired” in terms of
recreation use, aquatic life use, and overall waterbody assessment and tribs
into Lake Lonely, which is a concern with its low water quality. New
development and the loss of 0.395 acres of wetlands may further these
conditions, especially with new impervious surface potentially creating more
runoff and the property being part of the Mohawk River and Bog Meadow
Brook Watershed. The Comprehensive Plan establishes the vision to protect
“wetlands and stream corridors” within the Country Overlay Area, but also the
city-wide need and vision to protect the areas watersheds, aquifers, and
Lake Lonely, as they are important natural resources. Additionally, as the
slopes within the project area move water Eastward toward NYS Route 87,
there is the potential for stormwater to discharge into the highway right of
way. Stormwater management practices and grading were discussed in the
Full EAF, but further attention to this issued should be established.
Another area for potential improvement is regarding safety and traffic
concerns expressed by the city and public outreach. As NYS Route 29 is a
major roadway with a high volume of traffic that increases during the summer
racing season, there has been concern over the neighborhood only having
one egress point to Rt 29. This creates a bottleneck when trying to leave the
neighborhood, and potential safety concerns have been raised regarding
fire/EMS services, as response times may be reduced due to this. Although
this project is only adding on to the existing neighborhood, the access
driveways length and character of a dead-end may worsen this issue.
Given the proximity of I-87 to the new development, it should be noted that
future requests for noise walls or mitigation will not be considered by
NYSDOT, as noise mitigation measures are only considered as part of a
highway capacity improvement project, and long-term plans to not support
added capacity on I-87. In addition, the proposed housing would likely not
meet the proximity or density requirements should a noise mitigation study
ever be required.
Suggestions to help alleviate and mitigate these traffic, safety and
environmental concerns can be found in the next section and offer
recommendations on how to better align this project with Saratoga Spring’s
Comprehensive Plan.
3. There are potential improvements the proposed project could implement to
better align with the neighborhoods and city needs. These improvements can
help better address mobility, safety, neighborhood character, and the
conservation friendly development envisioned in the city’s comprehensive
plan. Please see below suggestions for the city’s consideration:
a) Consider limiting the encroachment and filling of ACOE wetlands by
removing the standalone residential home on Plot 1 from the projected
plan. As this is the main plot that directly overlaps with a riverine that
contributes to Lake Lonely, limiting construction would help reduce the
chance of further polluting already water quality impaired wetlands.
b) The 14 acres of preserved space noted in the EAF should be
considered for conservation easement to ensure that it is properly
protected from development.
c) Ensure that the residential design matches the current neighborhood
as encouraged by the city’s comprehensive plan and outreach from
neighborhood residents.
d) Install ADA compliant sidewalks along both sides of the new access
road to increase pedestrian connections. Alternatively, development
on the Western side of the road would also improve the pedestrian
network. The Comprehensive Plan establishes the vision to implement
sidewalks along Route 29 in the future, so new developments should
establish networks to connect in preparation.
e) Evaluate implementation of “STOP” signs to create a 3-way stop at
the intersection of Bemis Heights Road, Lexington Road, and the new
access drive to improve traffic safety per MUTCD guidelines.
f) Consider partnership with the City of Saratoga Springs and CDTA to
assess the need/benefit of a bus stop at the neighborhood entrance.
Currently, Route 450 (Northway Express) is the only transit route
established near this area.
g) As there are concerns regarding the safety and congestion of the sole
egress point on Rt 29, a traffic safety assessment should be
considered.
4. The NYSDOT has received a Lead Agency Request, a Full EAF,
documentation of public comments, an area variance application,
correspondence documentation, subdivision plans, site plans, and site
photos from Susan Barden on September 30th, 2024.
5. Please note that NYSDOT does not allow new development to directly
discharge stormwater into the highway stormwater management system.
6. A NYSDOT Highway Work Permit (PERM 33-com) will be necessary for any
work within the State right-of-way along NYS Route 29.
7. In anticipation of the Highway Work Permit, a Traffic Impact Study will be
required.
8. A PERM 32 NYSDOT permit application will be required for any utility work in
the NYSDOT right-of-way. Please submit documentation the Town will take
ownership of any proposed utilities in NYSDOT right-of-way.
If you have any questions pertaining to the Utility Permit process or requirements,
please contact Matt Haggerty at Matt.Haggerty@dot.ny.gov or (518) 461-3669. For
questions about the Highway Work Permit process and requirements, contact Wyatt
Martin, Regional Permit Engineer (Wyatt.Martin@dot.ny.gov or 518-457-4745).
Sincerely,
Gregory S Wichser, P.E.
Acting Regional Program and Planning Manager
cc: Wyatt Martin, Region 1 Traffic
Matt Haggerty, Region 1 Construction
Paul Korowajczyk, Resident Engineer, Saratoga County
Brian Sleasman, Region 1 Design