HomeMy WebLinkAbout20250907 75 Clinton St Area Variance BAR Cover Letter with supporting facts 2024
5/24/2024
To: City of Saratoga Springs Board of Assessment Review
From: Dominick Fazioli and Jennifer Clifton
Re: Proposed assessment for 75 Clinton Street
This letter is in response to the City’s proposed assessment of $884,000 for 2024. This
represents a 28.23% increase in assessed value and a 38.57% increase in market value. The
proposed assessments are both unequal and excessive on several levels. This is yet another
demonstration of the City’s complete lack of acknowledgement or understanding of the horrific
living conditions surrounding our immediate surroundings on Van Dam street, due to the City
and State allowing unchecked, unpoliced large tractor trailer traffic 24 hours a day directly
through our tiny residential street. Values of homes on Van Dam street cannot be compared to
any other residential area in Saratoga due to the street’s designation as a Qualified Access
Highway under the Federal Highway Authority Act. This action taken by the New York DOT and
subsequent failure of duty by the city of Saratoga to act on it’s legal right to remove the highway
designation has rendered Van Dam street as a nearly unlivable neighborhood. The large 53 foot
tractor trailer traffic operating 24 hours a day within feet from home causes unbearable noise,
toxic exhaust fumes and run-off, rattling and destruction of our historic, homes and
unquantifiable mental anguish.
We moved to the Saratoga area in 2021 ultimately purchasing our home at 75 Clinton Street on
the corner of Van Dam. The vast majority of our property runs along Van Dam. When
researching the home and area the property is listed as a historic home in the State and
National register in the West Side Historic District characterized by “historic residential
structures dating to the nineteenth and early twentieth centuries”.
Unfortunately, shortly after moving into our new home we encountered a drastically different
reality. Van Dam Street, in reality operated as an unmarked, stealth truck highway that allows
truckers from around the country to utilize this street as a short cut to their destination to the
detriment of the safety health and quality of life of the residents. There would be no way of
knowing the reality of this street based on maps, road signs or anything other than spending a
few days in nearby homes. Had we known that the city would allow interstate truck traffic in a
historic neighborhood, we would have never considered this property and certainly not for the
price we acquired. We would love nothing more than to sell this property for the safety of our
family, but unfortunately, we would never be able to recoup what we paid for it due to the
conditions of the street.
Since acquiring the property we have had to spend over $100,000 of our own money to install a
fence and trees on Van Dam to provide some level of barrier between a federal highway and my
children. Additionally, we have now had to retain legal counsel at a $10,000 personal expense to
litigate the Federal Access Highway designation which is something the City should be doing,
not its residents at their expense. These are substantial expenses that have caused financial
hardship and directly reflect the extremely diminished value of our residence. As you will see in
our analysis, the fact we are being compared above homes in some of the most cherished and
desired streets in Saratoga is disingenuous and grossly inaccurate. If the City can produce
evidence of other residential homes that are directly on a federal interstate truck highway at the
proposed valuation for our home, we are happy to reconsider our appeal. Any other comparable
property is completely void.
Please see attached supporting analysis and documents:
1. Comparable property analysis to refute proposed valuation
2. Van Dam Street neighborhood association presentation to the City and Dot regarding
living conditions on our street
3. Letter from NYS Department of Transportation Declaring our street as a Federal Truck
Highway
4. Letter from our retained counsel indicating the city has legal right to remove the Federal
Truck Highway from our street but has chosen to not act
5. Letter from the New York State Parks, Recreation and Historic Preservation Department
declaring that major truck routes operating in historic neighborhoods create significant
vibrations which has “proven to undermine older foundations and character-defining
architectural elements”
6. Times Union Article dated May 11, 2024 discussing the horrific living conditions on Van
Dam
7. Gazette article dated May 25, 2024 discussing the living conditions on Van Dam