HomeMy WebLinkAbout20260091 Lexington Rd & Bemis Heights Rd Subdivision Modification OtherBemis Point Subdivision Amendment/Consolidation
Final Subdivision Review & Watercourse/Wetland Pemit
City of Saratoga Springs
Planning Board
June 18, 2026
Presented By:
Bruce D. Steves, Esq.
Jones Steves Grassi LLP
68 West Avenue
Saratoga Springs, NY 12866
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Bemis Point Homeowners’ Association Inc. Basic Information
Not-for-profit corporation to be formed in NYS
Acceptance by the NYS Attorney General (Department of Law)
Mandatory membership of lot owners
Acts through 3-person Board of Directors
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Bemis Point Homeowners’ Association Inc. Documents Submitted
Declaration of Protective Covenants, Conditions, Restrictions, Easements, Charges and Liens
By-Laws
Easement Agreement from Sponsor to HOA for access
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Bemis Point Homeowners’ Association Inc. Obligations
Maintain 17.1+/- acre Restricted Property (Declaration Sec. 4.05(A) – Affirmative Obligations)
Maintain Split Rail Fencing & Signage Denoting Restricted Property– includes replacement as necessary (Declaration Sec. 4.05(B) – Affirmative Obligations)
Maintain Three (3) Water Quality Basins (Declaration Sec. 4.05(C) – Affirmative Obligations)
Mandatory enforcement of restrictions contained in Section 4.05 of the Declaration to protect Restricted Property (See Declaration Sec. 8.03(a))
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Bemis Point Homeowners’ Association Inc. Maintenance of Restricted Property
Annual inspection by wetland technician or other qualified professional
Identify measures needed to prevent damage to any home or yard and to maintain appropriate water levels within wetlands.
Incudes, but is not limited to, management and control of beavers.
HOA to provide written report from the wetland technician to the City within 30 days.
HOA to implement recommendations from the wetland technician in a timely manner.
Prior to sale of first lot, Declarant to obtain inspection/report to establish baseline conditions.
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Access to Restricted Property
Easement to the HOA over all lots for the purposes of maintaining the restricted property.
Use of machinery/equipment to remove a beaver dam is atypical but not prohibited.
10 ft. wide path of travel maximum needed for equipment.
Easement language is broad to provide options to the HOA for access based on the location of the concern
Beaver activity will be reduced as a result of this project.
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Bemis Point Homeowners’ Association Inc. Maintenance of Water Quality Basins
HOA to maintain, clean, repair and replace the basins.
Annual inspection by a licensed professional.
Written report submitted to the City following each inspection.
HOA to implement necessary repairs and replacements as identified in the inspection report.
All requirements contained in Declaration Sec. 4.05(c) under Affirmative Obligations.
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In red, is the proposed split rail fence to denote the restricted property or conservation area.
Change has been made so that the conservation signage will be a maximum of 50 feet apart on the split rail fence.
Split rail fence chosen over a more permanent marker because of aesthetics and because the HOA will be in place to handle repair and replacement.
In blue, is a proposed standalone permanent sign prohibiting pesticides and herbicides throughout this development.
Sign is within the City Right of Way – that is where we believe it is most visible.
The corresponding prohibition on the use of pesticides and herbicides is found in the HOA Declaration at Section 4.05(H)
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Bemis Point Homeowners’ Association Inc.
Binding Obligations
Declaration and Easement to be placed of record in the Saratoga County Clerk’s Office
Recorded and binding against the entirety of the 21.78+/- acre site. (Schedule A legal description to be attached to the Declaration)
Copy of Declaration, Easement and HOA By-laws to be provided to lot purchasers upon entering purchase contract.
All deeds to contain a notice identifying that the property is being taken “subject to” the Declaration (Declaration Sec. 4.06(c))
No restriction or maintenance obligation may be modified or eliminated without the prior written consent of the City and modification of subdivision approval. (Declaration Sec. 8.09(a)(4))
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Bemis Point Homeowners’ Association Inc.
Other HOA Related Items
All lot owners are required to pay an annual maintenance assessment (Declaration Sec. 5.01(a))
All lot owners are required to pay special assessments for capital approvements, if deemed necessary by Board of Directors (Declaration Sec. 5.01(b))
Assessment based on annual budget prepared by Board of Directors (Declaration Section 5.02)
Any tenant or other user of a home is subject to the terms of the Declaration (Declaration Section 8.02)
Lot owners are responsible for any violations by tenants (Declaration Section 9.04)
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Bemis Point Homeowners’ Association Inc.
City’s Rights under Declaration
Discretionary right to enforce terms of the Declaration (Section 4.06(a))
Prior approval of amendments to any restrictions or maintenance obligations (Section 8.09)
Right to recover costs and attorneys’ fees in any enforcement action (Section 8.07)
Lien rights under Section 8.05(b) and 8.07 of the Declaration
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Proposed Subdivision Conditions Relating to HOA
The HOA Declaration and By-Laws along with the Easement to the HOA for access are subject to review and final approval by Planning Board counsel.
Prior to the issuance of any building permit within the subdivision, (i) the HOA shall be formed as a not-for-profit corporation in the State of New York, (ii) the HOA shall be accepted
by the New York State Department of Law; (iii) the HOA Declaration, in the form approved by Planning Board counsel, shall be recorded in the Saratoga County Clerk’s Office and (iv)
the Easement to the HOA for access, in the form approved by Planning Board counsel, shall be recorded in the Saratoga County Clerk’s Office.
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Bemis Point Subdivision Amendment/Consolidation
Final Subdivision Review & Watercourse/Wetland Pemit
City of Saratoga Springs
Planning Board
June 18, 2026
Presented By:
Bruce D. Steves, Esq.
Jones Steves Grassi LLP
68 West Avenue
Saratoga Springs, NY 12866
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