HomeMy WebLinkAbout20260091 Lexington Road and Bemis Heights Road Subdivision NOD
Page 1 of 3
CITY OF SARATOGA SPRINGS
P LANNING B OARD
❖
City Hall - 474 Broadway
Saratoga Springs, New York 12866
Tel: 518-587-3550
www.saratoga-springs.org
MARK PINGEL, Chair
JOSEPH FERRANTE, Vice Chair
KERRY MAYO
BILL MCTYGUE
MICHAEL KING
TONY STELLATO
ALEX WHITE
NOTICE OF DECISION
In the matter of the application - #20260091
AAADMC Ventures LLC
1 Nadeau Drive
Clifton Park, NY 12065
Involving the premises at Lexington Road and Bemis Heights Road with tax parcel nos.
166.-15-2-34 & 35; 166.19-1-1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30,
31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 in City of Saratoga Springs, on an application for a subdivision modification of 41
lots to 13 lots within the Rural Residential (RR) District.
In accordance with 6 NYCRR Part 617, the Planning Board classified the Action as Type I, Coordinated Review, and issued a
Negative SEQRA Declaration on October 30, 2025 by 7-0 vote (ayes: Pingel, Ferrante, Mayo, McTygue, King, Stellato,
White);
And, in accordance with the purpose and objectives set forth in the City’s Unified Development Ordinance, Article 14
“Subdivision Approval,” the Planning Board issued the following decision on June 18, 2026 by 4-2 vote (ayes: Pingel,
Ferrante, Mayo, McTygue; nays: Stellato, King):
Approve final subdivision plat dated June 2, 2026 with the following revisions and conditions:
1. Establishment of Bemis Point Homeowners’ Association Inc. with obligations to maintain approximately 17-acres of
restricted property, to maintain split-rail fencing and signage denoting restricted property, and to maintain three
(3) water quality basins.
2. The HOA Declaration shall be revised to include:
o In enforcing the provisions of the Declaration, the City’s ability to recover costs incurred through lien rights.
o In the maintenance obligations, annual inspection and reporting on any soil erosion or presence of invasive
species.
o In the maintenance obligations, each lot shall provide a minimum 12-ft. wide unobstructed path of travel
to access the rear of the lots and the restricted property.
o Maintenance of the stormwater management system shall include all drainage structures and conveyances
of stormwater to the water quality basins regardless of whether those structures and conveyances are
located on private property or within City right-of-way.
3. The Access Easement shall include a provision that the minimum 12-ft. wide path of travel on each of the lots shall
not be obstructed by structures, fences, or landscaping that would prevent access for maintenance.
4. The HOA Declaration and By-Laws along with the Easement to the HOA for access are subject to approval by
Planning Board legal counsel.
5. Prior to the issuance of any building permits within the subdivision:
o The HOA shall be formed as a not-for-profit corporation in the State of New York.
o The HOA shall be accepted by the New York State Department of Law.
o The HOA Declaration, in the form approved by Planning Board legal counsel, shall be recorded in the
Saratoga County Clerk’s Office.
o The Easement to the HOA for access, in the form approved by Planning Board legal counsel, shall be
recorded in the Saratoga County Clerk’s Office.
6. The Access Easement shall be added as a note on the final plat and the locations of the easement areas on the lots
shall be identified on the as-built drawing.
7. Split-rail fence delineation shall be staked and trees to remain shall be flagged for City Engineer’s Office review and
approval, to determine acceptable alignment that does not impact existing root structure of trees along bank areas.
This delineation shall be shown on the final plat and approved by Planning Board Chair.
8. Location of the entry signage (12” x 18”) denoting the herbicide/pesticide prohibition shall be reviewed and
approved by the Planning Board Chair.
9. Final plan set shall be to the satisfaction of the City Engineer’s Office/DPW.
10. Lot 1 shall be restricted for future vehicular access for a period of 5-years as follows:
o If, within 5 years of the date of execution of the subdivision mylar by the Planning Board Chair, the City
Council requests an easement for access to place a City street or fire road/emergency vehicle access
road over any portion of Lot 1, such an easement shall be granted by the owner of Lot 1 for no
consideration. The easement shall terminate, however, if the City has not received the necessary
approvals from third party agencies to construct the City street or access road within said 5-year period.
o No building permit shall be issued for construction on Lot 1 for a period of 5 years from the date of
execution of the subdivision mylar by the Planning Board Chair.
o If an easement is placed over Lot 1 in accordance with the foregoing and is not terminated by virtue of
the City’s failure to timely obtain the necessary third-party approvals, Lot 1 shall not be developed and
the subdivision shall be modified to remove the residence shown on Lot 1 and shall instead show the
road or street and the accompanying easement.
o Neither the Lot 1 owner nor the Homeowners’ Association shall be responsible for the costs associated
with securing the necessary approvals for the construction of the street/road, the cost of construction of
the street/road or the maintenance thereof.
o This condition shall expire on the date that is 5 years following the execution of the subdivision mylar by
the Planning Board Chair following which there shall be no limitation on the issuance of a building
permit for a residence on Lot 1.
o This condition shall be included in the HOA Declaration and on the subdivision map to provide record
notice of this condition to any future owner of Lot 1.
Note: Planning Board Chair will request that DPS consider imposing on-street parking restrictions along Lexington Road
within 100’ of the entrance from Lake Avenue to assist in minimizing access challenges in that area.
The applicant is required to complete the following prior to signing of the final plat by the Planning Board Chair:
• Provide documentation of conformance with all required conditions of approval.
• Deliver a letter of credit or cash escrow as a performance guarantee to the City for required on- and off-
site improvements in the amount approved by the City Engineer’s Office.
• Submit one (1) mylar and two (2) paper copies of the final approved subdivision plat for signature by the
Planning Board Chair within one year of approval.
• File the signed final subdivision plat with the Saratoga County Clerk within sixty-two (62) days as provided
in Article 3, Section 32 of General City Law.
Note: Approval of the final plat expires within one year after the resolution granting such approval unless all requirements
stated in such resolution have been certified and completed per Article 14 of the UDO.
July 6, 2026
Date filed with Accounts Dept. Chair