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HomeMy WebLinkAbout20260997 Lexington Rd & Bemis Heights Rd Subdivision Modification - Extension Application**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED' * I [FOR OFFICE USEI '` "`' sf, CITY OF SARATOGA SPRINGS l .( q PLANNING BOARD CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 h c�RPURATEU TEL: 518-587-3550 X2533 ' www.saratoga-springs.org APPLICATION FOR: APPROVAL EXTENSIONS — SPECIAL USE PERMIT, SITE PLAN, LAND DISTURBANCE ACTIVITY, SUBDIVISION (Application #) tuaie iecerveu) (Project Title) Staff Review Property Address/Location: Lexington Road and Bemis Heights Road Date of original Planning Board approval: June 18, 2026 (vote) July 6, 2026 (Notice of Decision) Current expiration date: At the earliest December 15, 2026 ❑ Special Use Permit approval — 18 month extension ❑ Site Plan approval — 18 month extension ❑ Land Disturbance Activity approval — 18 month extension E Subdivision approval — 90 day extension Reason for Extension: See attached Exhibit A. Since the project was originally approved, are there any significant changes to the site or neighborhood or within the circumstances and findings of fact upon which the original approval was granted? ❑ No E Yes If Yes, please describe: See attached Exhibit A. APPLICANT(S)* Name AAADMC Ventures LLC Address 1 Nadeau Drive, Clifton Park, NY 12065 Phone 518-728-0379 Email smalbany@yahoo.com OWNER(S) (If not applicant) Identify primary contact person: ❑ Applicant ❑ Owner IN Agent ATTORNEY/AGENT Bruce D. Steves, Esq. 68 West Avenue, Saratoga Springs, NY 12866 518-587-0080 bsteves@saratogalaw.com * An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Does any City officer, employee or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? 0 No ❑ Yes If Yes, a statement disclosing the name, residence, nature and extent of this interest must be filed with this application. PLEASE CHECK THE FOLLOWING TO AFFIRM INFORMATION IS INCLUDED WITH SUBMISSION: ® 1 hard copy w/original signature(s) and one electronic copy (PDF) of ALL documents(all maps, drawings, or image documents as separate files to maintain their original scale and image resolution). Application Fee: Make checks payable to: "Commissioner of Finance". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Applications must be submitted prior to approval expiration. Check City's website (www.saratoga-springs.org) for meeting dates. I, the undersigned owner, leasee or purchaser under contract for the property, hereby request approval by the Planning Board for the aforementioned extension of the Site Plan approval. Applicant Signature: Date: .�� If applicant is not currently the owner, the owner must also sign. Owner Signature: Date: EXHIBIT A APPLICATION FOR EXTENSION OF APPROVAL FOR SUBDIVISION MODIFICATION The Planning Board granted final approval of a subdivision modification to the Applicant at its meeting of June 18, 2026, subject to certain requirements and conditions. A Notice of Decision was signed and filed on July 6, 2026. Under the City's Unified Development Ordinance, approval of a final plat expires one (1) year following the resolution granting such approval unless all requirements set forth therein have been certified as completed. However, under General City Law Sec. 32, conditional approval of a final plat expires one -hundred eighty (180) days following the date of the resolution unless all requirements stated therein have been certified as completed. Taking the conservative position that General City Law controls on this point, the Applicant is seeking a ninety (90) day extension of the Planning Board's approval running from the earliest possible expiration date under General City Law, that is December 15, 2026 (180 days following the June 18, 2026 vote). Thus, assuming the extension is granted, the approval will be extended until March 15, 2027. The Applicant has begun work to complete the Planning Board's conditions and requirements of approval including making requested revisions to the Declaration of Covenants and Restrictions for the homeowners' association, revising the easement to the homeowners' association and compiling materials for submission to the New York State Department of Law for approval of the homeowners' association. As detailed below, the Applicant has continued to pursue the project in other ways of substantial importance. As the Planning Board is aware, certain neighbors filed a lawsuit challenging the Board's approval of this project and other actions taken by the City in connection therewith. The Applicant has dedicated substantial time and resources to defending the lawsuit. As the Board is also aware, in a letter dated June 8, 2026, the Saratoga Springs Fire Department ("SSFD") issued a determination indicating that the project plans met with the requirements of the NYS Fire Code relative to emergency vehicle access. Subsequent to the issuance of this letter and for reasons that are unclear to the Applicant, the SSFD contacted the New York State Department of State, Division of Building Standards and Codes ("NYS Codes") to confirm the propriety of its determination. In a response email on July 8, 2026, a representative from NYS Codes provided an interpretation of the Fire Code section in question (Section D107.1) which differed from that of the SSFD. It was not entirely clear to the Applicant whether the email from NYS Codes was meant to serve as a binding determination with respect to this project or a general interpretation of the Code. Nevertheless, from subsequent discussions with SSFD, the Applicant learned that SSFD considered the interpretation from NYS Codes to be binding on the project. Thus, the Applicant pursued and obtained from NYS Codes a variance from the requirements of Section D107.1 (as interpreted by that office), a copy of which is attached hereto. 1 Based on the foregoing, the Applicant respectfully requests the extension of the Planning Board's approval of the subdivision modification to March 15, 2027. Due to the ongoing litigation and the nature of the conditions of approval, the Applicant anticipates that one or more additional extensions may be necessary. 4 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 WWW.DOS.NY.GOV In the Matter of the Petition of: ARTHUR CURTO and DEBORAH CURTO For a Variance to the New York State Uniform Fire Prevention & Building Code KATHY HOCHUL GOVERNOR WALTER T MOSLEY SECRETARY OF STATE DECISION PETITION NO. 2026-0471 Upon the application of Arthur and Deborah Curto, principal owners of AAADMC Ventures LCC, owner of record of Bemis Point Subdivision, filed pursuant to 19 NYCRR 1205 on August 27, 2026, upon all other papers in this matter, the Department makes the following determination: NATURE OF GRIEVANCE AND RELIEF SOUGHT This petition pertains to the modification of an existing one family subdivision and its associated fire apparatus access. The existing Bemis Point Subdivision is located in the proximity of Lexington Road and Concord Road, City of Saratoga, Saratoga County, State of New York. The petitioner is seeking relief from: 19 NYCRR Part 1226, 2025 Fire Code of New York State, Section, D107.1, One- or two-family dwelling residential developments, which reads, developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. [The petitioner requests relief from the requirement due to the fact the subdivision was originally approved with 110 lots and a single fire apparatus access, and they are reducing the total number of homes to 84.] FINDINGS OF FACT This petition pertains to the modification of an existing one family subdivision and its associated fire apparatus access. The existing Bemis Point Subdivision is located in the area of Lexington Road and Concord Road, in the City of Saratoga. The 2025 Fire Code of New York State, Section, D107.1, details that developments of one- or two- family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. NEWYORK Department STATE OF OPPORTUNITY of State Petition No 2026-0471 Page 2 of 3 3. The 2025 Fire Code of New York State, Section, D107.1, contains an exception that permits the construction of dwellings in a subdivision which has local site plan approval prior to January 1, 2011, with no modifications. 4. The Bemis Point Subdivision was last approved in 1977. 5. The 1977 site plans details 110 approved single-family dwelling lots. (See Exhibit #01) 6. A new subdivision site plan was approved by the City of Saratoga's Planning Board on June 18, 2026. (See Exhibit #04) 7. The June 18, 2026, approved site plan details thirteen single-family dwelling lots. (See Exhibit #04) 8. Reducing the number of approved lots from 110 to 84 decreases the number of approved home lots served by a single fire apparatus access road, thereby enhancing the overall safety of the subdivision's residents. 9. The local fire department has been consulted on this matter and has no objection to the granting of a routine variance under 19 NYCRR Part 1205.5. 10. The local code official has been consulted in this matter and has no objection to the granting of a routine variance under 19 NYCRR Part 1205.5. PETITIONER'S EXHIBITS Exhibit 01 - Plan titled "Subdivision Map — Sect. 3", by CT Male Associated PC. Approved by the City of Saratoga Springs Planning Board on September 14, 1977. Exhibit 02 - Plan titled "Section No. 2 Sherri Homes Corp.", by CT Male Associated PC. Approved by the City of Saratoga Springs Planning Board on May 1, 1974. Exhibit 03 - Plan titled "Subdivision of a Portion of Land of Sherri Homes Corp.", by CT Male Associated PC. Approved and stamped by the NYS Dept. of Health on May 3, 1973. Approved and stamped by the NYS DEC on May 9, 1973. Exhibit 04 - Plan titled "Overall Layout and Site Plan — Bemis Point Residential Subdivision" by CT Male Associated PC. Dated January 2022. Last revised June 2, 2026. Exhibit 05 - Google Maps - GIS — Bemis Point Residential Subdivision GIS Aerial Image. Exhibit 06 - Letter from Saratoga Springs Fire Department, Fire Chief Aaron Dyer, dated June 8, 2026 — subject — Proposed Bemis Point Subdivision. Petition No 2026-0471 Page 3 of 3 CONCLUSION OF LAW The proposed variance will not substantially adversely affect the Code's provisions for health, safety and security. Strict compliance with the provisions of the Uniform Fire Prevention and Building Codewould entail a change so slight as to produce a negligible additional benefit consonant with the purpose of the code, economic hardship, or would otherwise be unwarranted because such would be unnecessary in light of alternatives which, without a loss in the level of safety, achieve the intended objective of the code. DETERMINATION WHEREFORE IT IS DETERMINED that the application for a variance from 19 NYCRR Part 1225, Section D107.1, be and is hereby PROPOSED TO BE GRANTED under the following conditions: 1. That the fire apparatus access and associated turnaround will be provided as detailed on plan provided. 2. That no parking fire lane signage be provided at multiple locations adjacent to the turnaround area at locations as approved by the fire code official. Signage is also to be installed in locations so as to delineate the boundary of lot #13 from the turnaround area. This DECISION is issued under 19 NYCRR 1205.5. Should a written objection from any aggrieved Party be received within 15 days of receipt of the department's decision said decision shall be vacated and the petition shall be referred to a board of review for adjudication pursuant to 19 NYCRR 1205.4. Absent a written objection, said decision shall be deemed FINAL. This decision is limited to the specific building, application and code section contained within the petition, and should not be interpreted to give implied approval of any general plans or specifications presented in support of this application. This decision shall not be inferred to relieve the petitioner from, or nullify, any more restrictive federal, state, or local law, ordinance, administrative code, rule, or regulation relating to any matter. All conditions, enhancements and equipment offered by the petitioner shall be installed as described, and in accordance with the applicable codes and accepted reference standards. John R. Addario Director/ Secretary of tate Designee, Division of Building Standards and Codes Date: September 18, 2026 CJ/JA: nc I ONES TEV GRASSI ArroaNEvs AT Lew November 4, 2026 Susan Barden Administrator of OPED City of Saratoga Springs City Hall 474 Broadway Saratoga Springs, New York 12866 Re: Bemis Point Subdivision City of Saratoga Springs Project # 20260091 Dear Susan, 68 West Avenue, P.O. Box 4400 Saratoga Springs, New York 12866 Phone (518) 587-0080 www.saratogalaw.com Via Email & Hand Delivery Our firm represents AAADMC Ventures, LLC (Art and Debra Curto), the applicant in connection with the above referenced project. Enclosed herewith please find an application for extension of the subdivision modification approval issued by the Planning Board along with a check in the amount of $250.00 as and for the application fee. We respectfully request that this matter be placed on the agenda for the Planning Board's upcoming meeting on November 19. Should you require anything further from me, kindly advise. Sin , Bruce D. Steves Encls.