HomeMy WebLinkAbout20260091 Lexington Rd & Bemis Heights Rd Subdivision Modification Public Comment (6)Outlook
Submission for Distribution and Public Record – April 23, 2026 Planning Board Meeting
(#20240614, #20260090, #20260091 Lexington Road / Bemis Heights Subdivision)
From Independence Square <independencesquaressny@gmail.com>
Date Wed 4/22/2026 12:25 AM
To Mark Graham <Mark.Graham@saratoga-springs.org>
4 attachments (304 KB)
Fire Statement 1.docx; Fire Code Increased Risk.docx; Response for Clarification – FCNYS Section 503.1.2 (Fire Apparatus Access)
(1).pdf; Request for Clarification – FCNYS Section 503.1.2 (Fire Apparatus Access) (1).pdf;
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Dear Mr. Graham,
I hope you are doing well.
I am writing to provide the attached document regarding the proposed 20240614 Lexington Road
Subdivision, 20260091 Lexington Rd & Bemis Heights Rd Subdivision Modification, and 20260090
Watercourse/Wetlands Permit in Saratoga Springs, which are currently before the Planning Board.
The attachment includes a request for clarification for the official record concerning fire apparatus access
and life safety considerations associated with this project, as well as a request that the Board defer final
plat action until the record is complete. As outlined, the proposed development would increase the
number of dwelling units served by a single access road from approximately 68 to approximately 81
homes.
The submission identifies several areas where clarification is requested, including the application of
Section 503.1.2 of the Fire Code of New York State regarding additional access, consideration of
Appendix D107 standards for residential developments, and the evaluation of potential impairment of a
single access road under real-world conditions. It also addresses the need for clear documentation in the
record regarding any determinations made by the fire code official and any reliance on State-level
guidance.
In addition, the document raises questions related to the Planning Board’s obligations under State
Environmental Quality Review Act (SEQRA), including whether potential impacts on public health and
4/22/26, 8:03 AM Inbox - Mark Graham - Outlook
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safety associated with access limitations have been fully evaluated and documented as part of the
environmental review.
Given these considerations, the submission respectfully requests that any final decision be deferred until
the identified issues are clarified and the record contains sufficient analysis and documentation to support
the Board’s determination.
We respectfully request that this submission be distributed to all members of the Planning Board and
included as part of the official public record for these applications.
Thank you for your time and attention to this matter.
Sincerely,
Regina Reals
2 Bemis Heights Dr.
Saratoga Springs, NY 12866
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Public Safety Concern: Single-Access Road Serving 68 Existing Homes with Proposed Expansion to
81+ Homes - Lexington Rd. / Bemis Heights Rd. Subdivision
Existing Condition Already Exceeds Fire Code Thresholds
New York State enforces the Uniform Fire Prevention and Building Code, which incorporates provisions of the
International Fire Code (IFC).
IFC Appendix D, Section D107.1 provides:
Developments with more than 30 dwelling units served by a single access road shall be provided
with two approved fire apparatus access roads.
The current condition of approximately 68 homes on a single access road already exceeds this threshold
by more than double. The proposed increase to 81+ homes further intensifies this condition.
Threshold Effects in Fire Safety Planning
Fire safety standards emphasize that risk increases at defined thresholds, not merely in a linear fashion.
Organizations such as the National Fire Protection Association recognize the importance of redundancy in
access and egress systems.
Commonly accepted planning ranges include:
● ~30 homes: Typically the upper limit for a single access road (consistent with IFC trigger)
● ~50–75 homes: Caution zone where access limitations become significant
● 75+ homes: Strong expectation or requirement for a second access
The existing development (68 homes) already falls within the upper caution range. Expanding to 81+ homes
crosses into a higher-risk category, where reliance on a single access route is increasingly inconsistent with
accepted fire safety practice.
Expansion of an Existing Access Limitation
From a planning and safety perspective, this represents:
● Increased reliance on a single point of failure
● Greater evacuation demand on a constrained roadway
● Increased likelihood of congestion or blockage during emergencies
Emergency Access and Evacuation Concerns
The New York State Department of State requires that developments provide adequate and reliable access for
emergency services.
With 81+ homes on a single access road:
● Evacuation times increase significantly due to vehicle volume
● Emergency responders may face delays entering the neighborhood
● A single obstruction (e.g., stalled vehicle or crash) could block both ingress and egress
These conditions increase the risk that residents may be unable to evacuate in a timely manner and that
emergency services may be delayed or prevented from reaching those in need.
Life Safety Implications
While fire codes do not assign precise probabilities of fatality, their requirements are designed to prevent
scenarios where a single failure can compromise both evacuation and emergency response.
The proposed expansion increases:
● The number of residents exposed
● The duration and complexity of evacuation
● The consequences of a roadway failure
Collectively, these factors represent a material increase in life safety risk.
References
● New York State Fire Code
● International Fire Code (IFC), Appendix D – Fire Apparatus Access Roads
○ Section D107.1 (Developments exceeding 30 dwelling units)
● National Fire Protection Association – Fire and life safety principles regarding redundancy and egress
● New York State Department of State – Code enforcement and administration guidance
Dear Planning Board Members,
For the record, I respectfully request that the Board defer final plat action on Project
#20240614 (Lexington Road Subdivision), Project #20260091 (Lexington Rd & Bemis Heights
Rd Subdivision Modification), and Project #20260090 (Watercourse/Wetlands Permit).
Following the Planning Board Workshop held on April 16th regarding the proposed subdivision,
I respectfully request clarification for the official record concerning fire apparatus access and life
safety considerations associated with this project.
It is my understanding that the existing development currently consists of approximately 68
dwelling units served by a single fire apparatus access road, and that the proposed subdivision
would increase that number to approximately 81 dwelling units served by the same access road.
In light of this increase, and prior to any formal decision, I respectfully request clarification on
the following points to ensure the record is complete and that all relevant factors have been
adequately considered.
Fire Code of New York State – Section 503.1.2 (Additional Access)
Section 503.1.2 of the Fire Code of New York State provides:
“503.1.2 Additional access. The fire code official is authorized to require more than one fire
apparatus access road based on the potential for impairment of a single road by vehicle
congestion, condition of terrain, climatic conditions or other factors that could limit access.”
In relation to this provision, please identify:
● Whether the potential for impairment of a single access road has been evaluated for this
development
● What factors were considered in that evaluation, including but not limited to:
○ traffic volume
○ emergency response demand
○ evacuation conditions
○ foreseeable obstruction or blockage events
● Where in the record such evaluation, analysis, or findings are documented
Clarification from New York State Department of State
A request for clarification was submitted to the New York State Department of State Division of
Building Standards and Codes regarding the interpretation of Section 503.1.2. A copy of this
correspondence is attached for inclusion in the record.
The response indicated that the fire code official may authorize additional access roads based on:
● knowledge of traffic patterns
● local weather conditions
● terrain
● the anticipated magnitude of a potential incident
The response further confirmed that administration and enforcement of the Fire Code is
the responsibility of the local authority having jurisdiction.
In light of this, clarification is requested as to:
● How these factors have been evaluated in relation to the proposed increase from
approximately 68 to 81 dwelling units served by a single access road
● Where in the record the analysis or findings related to these factors may be found
Clarification of Scope – Existing Conditions vs. Upgrades
It is understood that existing development conditions may not be subject to retroactive upgrades.
However, clarification is requested as to how this principle is being applied in this context.
Specifically, please clarify:
● Whether the evaluation of potential impairment under Section 503.1.2 considers the full,
real-world use of the access road, including both existing and proposed dwelling units
● How the total number of homes served by the access road is accounted for when
evaluating whether that road may be subject to impairment
This request is not intended to suggest that upgrades to the existing development are
required, but rather to clarify how existing conditions are considered in evaluating the
performance and reliability of the access road under combined use.
Basis for Access Determination
Please identify:
● Whether the determination regarding the number of required fire apparatus access roads
constitutes a formal determination under the New York State Uniform Fire Prevention
and Building Code
● Whether such determination includes findings or conclusions regarding the potential for
impairment under Section 503.1.2
● Where in the project record any analysis, evaluation, findings, or supporting
documentation for that determination may be found
● Whether any guidance or interpretation from the New York State Department of State
Division of Building Standards and Codes has been relied upon, and if so, where such
guidance is documented in the record
● If no written correspondence, memorandum, or formal interpretation from the State
exists, please confirm that the record does not contain documentation supporting any
State-level guidance referenced in relation to this determination
Appendix D – Fire Apparatus Access Roads (Standard for Adequate Access)
SECTION D107—ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS
[NY] D107.1 One- or two-family dwelling residential developments. 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.
Exceptions:
1. Where there are more than 30 dwelling units accessed from a single public or private fire
apparatus access road and all dwelling units are equipped throughout with an approved
automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3,
access from two directions shall not be required.
2. The number of dwelling units accessed from a single fire apparatus access road shall not
be increased unless fire apparatus access roads will connect with future development, as
determined by the fire code official.
3. Construction of dwellings on premises which have had local site plan approval prior to
January 1, 2011, with no modification to approved site plan.
This provision appears to address not only the design of new subdivisions, but also
increases in the number of dwelling units served by an existing single access road.
Please identify:
● Whether Appendix D107 was considered as part of the access evaluation
● Whether the proposed increase from approximately 68 to 81 dwelling units served by a
single access road was evaluated under Exception #2
● Whether any exception is being relied upon, and if so, the specific basis for that reliance
● Where in the record any analysis, findings, or determinations under Appendix D107 may
be found
Evaluation of Access Reliability Under Real-World Conditions
Section 503.1.2 is based on the potential for impairment of a single access road under real-world
conditions.
Please identify:
● Whether conditions involving temporary or extended blockage of the access road were
considered
● Whether any analysis or findings were made regarding:
○ emergency vehicle access during congestion
○ simultaneous inbound emergency response and outbound evacuation
○ access limitations resulting from weather, accidents, or infrastructure failure
● Where in the record such analysis or findings are documented
Consideration of Environmental Impacts Under SEQRA
Pursuant to the State Environmental Quality Review Act (SEQRA), the Planning Board, as lead
agency, is required to identify and consider all relevant areas of environmental concern,
including potential impacts on public health and safety, before making a determination.
Under 6 NYCRR §617.7(c)(1), a significant adverse impact on the environment may exist where
an action has the potential to result in substantial adverse effects on human health or safety.
In addition, SEQRA requires that agencies take a “hard look” at potential impacts and provide a
reasoned elaboration of the basis for their determination.
In this context, clarification is requested as to:
● Whether the potential safety impacts associated with increasing the number of dwelling
units served by a single access road have been evaluated as part of the environmental
review
● Where in the record the Board’s analysis, findings, or determination regarding such
impacts may be found
Whether or not other City officials consider it within their scope to evaluate the safety
impacts associated with this increase does not remove the Planning Board’s independent
obligation under SEQRA to consider potential adverse impacts on public health and
safety as part of its review.
Recent Real-World Access Impairment Events
Recent events within Saratoga Springs demonstrate the real-world potential for impairment of
single access roads:
● Within the past month, the Independence Square neighborhood experienced an accident
that blocked its single access road for several hours, preventing normal ingress and egress
● Approximately two weeks ago, access to “The Springs” neighborhood was blocked when
a tree fell and brought down a utility pole and power lines, resulting in a full-day closure
during which residents were unable to enter or exit the neighborhood
These events illustrate the types of real-world conditions contemplated under Section
503.1.2 and are relevant to evaluating the potential for impairment of a single access road
serving a larger number of dwelling units.
Request for Record Completeness Prior to Board Action
Given the number of outstanding questions regarding:
● the application of Section 503.1.2
● the consideration of existing conditions in evaluating access impairment
● the basis, findings, and documentation supporting the access determination
● the absence of identified State-level written guidance
● the evaluation of potential impacts on public health and safety under SEQRA
I respectfully request that the Board consider postponing any final decision on this
matter until these issues are clarified and fully documented in the record.
Ensuring that the record contains clear findings and documentation regarding fire
apparatus access, emergency reliability, and public safety impacts is essential to support
any determination made by the Board.
Thank you for your time and consideration.
Caroline Reals <creals229@gmail.com>
Request for Clarification – FCNYS Section 503.1.2 (Fire Apparatus Access)
Caroline Reals <creals229@gmail.com>Mon, Apr 20, 2026 at 12:47 PM
To: codes@dos.ny.gov
Dear Division of Building Standards and Codes Staff,
I hope you are well.
I am writing to request clarification regarding the interpretation of Section 503.1.2 of the Fire Code of New York State
(2024).
This question has come up in the context of a residential development discussion involving a proposed expansion that
would increase the number of homes served by a single fire apparatus access road.
Section 503.1.2 states:
“The fire code official is authorized to require more than one fire apparatus access road based on the potential for
impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access.”
I would greatly appreciate guidance on the following:
In evaluating the “potential for impairment of a single road,” is it appropriate for the fire code official to consider the
cumulative impact of additional dwelling units served by that road, such as increased traffic volume, emergency
response demand, or evacuation conditions?
Can the total number of dwelling units served by a single access road be considered as a factor in determining
whether that road may be subject to impairment under real-world conditions?
More generally, does Section 503.1.2 allow consideration of how changing conditions over time, such as expansion
of an existing development, may affect the reliability of an access road?
I am not seeking a determination on a specific project, but rather clarification on how this section is intended to be applied
in practice.
Any guidance or references to relevant interpretations would be greatly appreciated.
Thank you for your time and assistance.
Sincerely,
Caroline Reals
creals229@gmail.com
518 290-4545
Caroline Reals <creals229@gmail.com>
Request for Clarification – FCNYS Section 503.1.2 (Fire Apparatus Access)
dos.sm.Codes.techsupport <Codes@dos.ny.gov>Tue, Apr 21, 2026 at 11:29 AM
To: Caroline Reals <creals229@gmail.com>
Morning,
Thank you for contacting the Department of State’s Division of Building Standards and Codes (DBSC).
The DBSC provides a variety of services related to the development, administration, and enforcement of the
Uniform Fire Prevention and Building Code and Energy Conservation Construction Code (Codes).
Generally, these Codes specify the minimum standards for building construction and property
maintenance that are usually administered and enforced by the local government or agency having
jurisdiction (AHJ) respectively.
The Technical Services Division within the DBSC which you have contacted offers advice / opinions
about the administration and enforcement of these Codes.
Your question (paraphrased):
I am writing to request clarification regarding the interpretation of Section 503.1.2 of the Fire Code of New
York State (2024).
This question has come up in the context of a residential development discussion involving a proposed
expansion that would increase the number of homes served by a single fire apparatus access road.
Section 503.1.2 states:
“The fire code official is authorized to require more than one fire apparatus access road based on the
potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or
other factors that could limit access.”
I would greatly appreciate guidance on the following:
In evaluating the “potential for impairment of a single road,” is it appropriate for the fire code official to
consider the cumulative impact of additional dwelling units served by that road, such as increased
traffic volume, emergency response demand, or evacuation conditions?
Can the total number of dwelling units served by a single access road be considered as a factor in
determining whether that road may be subject to impairment under real-world conditions?
More generally, does Section 503.1.2 allow consideration of how changing conditions over time, such
as expansion of an existing development, may affect the reliability of an access road?
I am not seeking a determination on a specific project, but rather clarification on how this section is intended
to be applied in practice.
Our response:
Based on the information provided and my review of the Code of NYS; the code sections infers that the
additional access roads may be authorized (done with legal or official approval) by the fire code official
based on his or her knowledge of traffic patterns, local weather conditions, terrain or the anticipated
magnitude of a potential incident.
Merriam Webster defines authorized as: endowed with authority or having or done with legal or official
approval
As mentioned above the NYS Uniform Code is administered and enforced at the local level and in general,
every city, town village, county, etc. within their local jurisdiction. Technical Services can only answer
questions based on the information provided regarding specific sections in the Uniform Fire Prevention and
Building Code to formulate an opinion. Technical Services does not review construction documents for
code compliance or suggest potential code paths related to specific projects for compliance, nor do
we provide design assistance for project compliance regarding the code. As always, this advisory
opinion contained in this response which is just that, an opinion; as the administration and enforcement of
the code are within the jurisdiction of the local authority.
Regulations reviewed but not limited to were:
2025 Fire Code of NYS
CHAPTER 2 DEFINITIONS
SECTION 201— GENERAL
[NY] 201.4 Words and terms not defined.
Where words and terms are not italicized, or are italicized but not defined through the methods authorized
by this section, such words and terms shall have the meanings defined in applicable referenced standards,
statutes, or regulations or shall have the ordinarily accepted meanings such as the context implies. Merriam
Webster ’s Collegiate Dictionary, 11th Edition, shall be considered as providing ordinarily accepted
meanings.
SECTION 202— GENERAL DEFINITIONS
[A]APPROVED. Acceptable to the fire code official.
FIRE CHIEF. The chief officer of the fire department serving the jurisdiction, or a duly authorized
representative.
[NY] FIRE CODE OFFICIAL. The fire chief or other designated authority charged with the administration
and enforcement of the Fire Code of New York State, or a duly authorized representative.
CHAPTER 5 FIRE SERVICE FEATURES
SECTION 503— FIRE APPARATUS ACCESS ROADS
[NY] 503.1 Where required.
Fire apparatus access roads shall be provided and maintained in accordance with Sections
503.1.1 through 503.1.3 and Appendix D.
[NY] 503.1.1 Buildings and facilities.
Approved fire apparatus access roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply
with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the
facility and all portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building or facility.
Exceptions:
1.The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of
the following conditions occur:
1.1.The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2.Fire apparatus access roads cannot be installed because of location on property,
topography, waterways, nonnegotiable grades or other similar conditions, and
an approved alternative means of fire protection is provided.
1.3.Group U occupancies.
1.4.One- or two-family detached dwellings or not more than two Group R-3 occupancies that
meet the requirements of Section 511.
2.Where approved by the fire code official, fire apparatus access roads shall be permitted to be
exempted or modified for solar photovoltaic power generation facilities.
503.1.2 Additional access.
The fire code official is authorized to require more than one fire apparatus access road based on the
potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or
other factors that could limit access.
Thank you,
Keith G. Burger, II Assoc. AIA
NYS Code Enforcement Official / Technical Services
New York Department of State
Division of Building Standards and Codes
99 Washington Ave., Albany, NY 12231
dos.ny.gov
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From: Caroline Reals <creals229@gmail.com>
Sent: Monday, April 20, 2026 12:48 PM
To: dos.sm.Codes.techsupport <Codes@dos.ny.gov>
Subject: Request for Clarification – FCNYS Section 503.1.2 (Fire Apparatus Access)
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