HomeMy WebLinkAbout20260091 Lexington Rd & Bemis Heights Rd Subdivision Modification Public Comment (5)Daniel and Maryrose Behan
30 Lexington Road
Saratoga Springs, NY 12866
April 19, 2026
To: Saratoga Springs Planning Board
Dear Chairman Pingle and Planning Board Members,
We have lived at 30 Lexington Road Saratoga Springs for the past 37 years. We enjoy this
neighborhood comprised of year-round business owners, professionals, law enforcement,
postal workers, schoolteachers- young families as well as re�rees. When we moved here in
1989, we assumed the proposed site for the Lexington Road - Bemis Heights project was forever
wild land. Our assump�on seemed to be supported by the fact that local, major, builders passed
on this desirable loca�on, while the development in Saratoga throughout the years exploded.
Informa�on from some of the original owners that Phase 3 was never developed due to issues
with water/wetlands.
In 2018 we received a leter from Mr. Curto with his plan to build 4 houses. Subsequently, we
atended the Board mee�ng along with other neighbors when the proposed project was on the
agenda.
The Planning Board Mee�ng provided us with an opportunity to iden�fy our concerns which are
as follows:
Zoning
Environmental- Water (flooding), Wetlands
Neighborhood esthe�cs
Traffic
Noise
It was our belief that the Board listened to our concerns - we felt heard and that as residents of
Saratoga the Board would protect our interests while balancing their role to fairly consider the
project.
A�er atending the workshop mee�ng on April 16, 2026, it became clear the project would go
forward regardless of our substan�ve, ini�al, concerns being addressed.
_________________________________________________________________
dbehanjr@gmail.com 518-796-5223 & mrbehan@gmail.com 315-750-0891
Zoning:
We believe the board’s reliance on UR-1 zoning is misplaced; Rural Residen�al zoning is the
appropriate standard for this review. Because the previously approved Phase 3 project was
abandoned and the current proposal shares no significant similari�es with the original plan, the
board should treat this as a de novo applica�on subject to updated criteria. If the former city
planner made an error in his guidance to Mr. Curto that is an issue for the city to address but
should not affect this new project, which we believe should be evaluated under the current RR
zoning requirements.
We feel it is important to note that there is documenta�on from November 2025 that the
neighboring property of Rood and Riddle Equine Hospital, 63 Henning Road was approved
under RR requirements.
Water/flooding
We are very concerned that the addi�on of thirteen homes approved under the UR 1 criteria
may have a nega�ve impact on our home with poten�al flooding.
We do not believe the proposed 6-inch gravel cleanout drainage will be sufficient to prevent
water from backing up in heavy storms.
Environmental - Water (flooding), Wetlands
Due to proximity to the wetlands, we have been advised that homeowners will be restricted
from use of pes�cides. To address this issue, homeowners will have this restric�on in a
Restricted Covenant. Although this may be a noble idea to protect wetlands there is absolutely
no way to enforce this. The Board’s comments that neighbors helping neighbors with this is not
a viable enforcement recommenda�on.
The issue of what to do with the dilemma of beaver dams over the long term, is a similar
problem. How does maintenance get enforced?
Neighborhood esthe�cs –
Although we stressed this as a concern for our ability as Saratogians to maintain our property
value and the looks of the neighborhood, this was impossible due to the wetland restric�ons.
The new proposed homes will not carry a look consistent with the exis�ng homes in the
neighborhood. A�er living and paying taxes in Saratoga for 37 years we believe more
considera�on should have been given to the Saratoga residents.
Fire Code Appendix D107/traffic -
There has been no explana�on provided as to why this issue is being ignored or mi�gated with
turnarounds that we do not believe is in the best interest of the residents due to safety
concerns.
The addi�on of 13 homes has the poten�al to add 26 or more vehicles using Lexington Road.
This is a safety concern for the residents as well as an inconvenience to current residents due to
the difficulty of ge�ng onto Lake Avenue.
Noise:
While apprecia�ng the noise study, the Northway only gets busier, resul�ng in increased traffic
noise. The removal of vegeta�on without replacement or subs�tu�on of sound barriers or
sound absorbing materials will only have a nega�ve impact for the homeowners close to this
project.
Notwithstanding, awareness and focus presented to the Board regarding zoning requirements,
environmental review requirements, wetland designa�on, neighborhood esthe�cs, traffic
issues, fire code restric�ons, and increasing noise levels, this project con�nues to move forward.
We are disappointed with the Planning Board’s review and pending approval of this project as
proposed.
Please place this leter as part of the permanent record of this project.
Should the concerns iden�fied above turn into reality, this record will be used to pursue
responsibility from the city for failure to protect our home.
Thank you
Maryrose and Dan Behan
Maryrose and Dan Behan