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Home My WebLink About20250907 75 Clinton St Area Variance Presentation75 Clinton Street, Saratoga Springs JONES STEVES GRASSI ATTORNEYs AT LAW Fence Height Area Variance Application City of Saratoga Springs Zoning Board of Appeals May 18, 2026 Presented By: Justin M. Grassi, Esq. Jones Steves Grassi LLP Saratoga Springs, NY 12866 I JONES STEVES GRASSI ATT0RNL-:Ys AT LAW Aerial V KN I Qrl �5 1 ot of Site condocommonni jiL- - fP5 165.5 165:° JONES STEVES GRASSI ATI'ORNCYs AT LAW Existing Conditions • NYS Department of Transportation Declaring our street as a Federal Truck Highway • Engineer Traffic Study demonstrating 731 heavy vehicles for Average Annual Daily Traffic, twice that of Broadway. • City Council recognized illegal truck route and negative impacts thereof • New York State Parks, Recreation and Historic Preservation Department declared that major truck routes operating in historic neighborhoods create significant vibrations which has "proven to undermine older foundations and character -defining architectural elements" • Diesel Smells/Vibrations/Dust and Debris/Noise Pollution • Trucks are on average 8 decibels louder than automobiles ranging up to 90 dB. Jake Brakes have a decibel up to 100 decibels, comparable to a jackhammer. 85 dB threshold is recognized by the WHO, ASHA, and audiologists worldwide as the critical point above which permanent hearing damage begins. • World Health Organization classifies diesel exhaust as carcinogenic to humans. Ultrafine particulates make up 80-95% of diesel soot and are small enough to penetrate the cells of the lungs • 4-5 trucks queuing and idling at a single time • Accelerating and breaking leading up to the Van Dam/Clinton intersection Existing Conditions JONES STEVES GRASS ATTORNEys AT LAW -410welarolkdro '0]its, IrI[ai, NZ Fri - _r,^ �t �• r � � � tl� kr� � .? amp - Al `r*V t�� R �yA.tY a� i.119�• a i/� _ i `' F t t �`+ �� r� Vc� � 'i:�� c ,.-q.,?�y� �� t ` .� �• t T�; tiff q� _ 0 1 Lwel Of n m �. rq�- ,,. a 4i�t ;' ;r. cs• ,t ' �`-� V ; � -..Y a y '.r. .q+tA'- ` ;,ems-• .� ': i�- j �`S'Y'°ia�-� + ,� •''9 �• ~_ - .. .'' ` ask i' '+r,:�a4-:w r.. � � � -- �� •� _ _ ' �; i ? Y ' I ✓ -Awl, Relief Sought Clinton Street 4' 12' 200% Van Dam Street 6' 12' 100% Western Boundary 4' 12' 200% JONES STEVES GRASSI ATTORNL'Ys AT LAW General City Law § 81-b — ZBA "shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the ( health, safety and welfare of the n( community by such grant. In makin the board shall also consider:" etriment to the ighborhood or such determination • (i) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; • (ii)whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; • (iii) whether the requested area variance is substantial • (iv) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and • (v) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. • The fence will not alter the use, density, or intensity of development on the property, as it merely constitutes an accessory structure incidental to the existing permitted use • Existing fence, vegetation and landscaping substantially mitigate the visual impact. Fence has minimal visibility currently and applicant offers a condition of approval for faux ivy covering and grow real vegetation over time, consistent with a hedgerow • Fencing and screening features are commonly used to provide privacy and address safety concerns • The variance does not authorize any change in occupancy, lot coverage, traffic generation, noise, lighting, or other conditions typically associated with impacts to neighborhood character. In fact, the negative impacts of the traffic will be dampened for all properties shielded by the fencing • The requested additional height is narrowly tailored to address legitimate concerns for security, safety, containment and mitigation of environmental conditions • Considering all factors, the neighborhood character will be substantially similar or benefited • The only alternative that would feasibly provide relief as requested would be for the City of Saratoga Springs to enforce the restriction on truck traffic down Van Dam Street. • The fence is not an aesthetic choice or privacy. It is necessary solely for mitigation of truck traffic. The minimum Department of Transportation Sound Transmission Class for fences is a STC (sound transmission class) of 25 with the fence installed just over this minimum rating. • As more fully explored in the Noise Barrier Compliance Reference Summary provided by Applicant, the national average for traffic noise barriers is 14 feet. Truck exhaust stack is 11.5 feet above pavement. • While the percentage relief may be substantial, the impact of such relief is not. • Benefit is the use and enjoyment of the Property. • If the Clinton Street -facing fence were 6" back, it would only be 100% variance. If the western -facing fence were 4' back, it would only be a 100% variance. • If the property were in a commercially designated zone, relief would only be 50%. • Noise attenuation as mitigated on this property benefits all property owners in the neighborhood that are located behind 75 Clinton Street. • The neighborhood is characterized as a truck route, compared to the impacts of the truck traffic the impact of the fence is not discernable. • The relief sought is necessitated by an unlawful truck route that has been permitted to remain without enforcement. While the City Council has Resolved to prevent the traffic, no action has been taken. • The difficulty is there not self-created 'th Circular Street 16 Conditions of Approval v w • .�s� IT a' _.t Y • ,' ' , • �. +`f ) \: F'....\ � map.. .� - YK ► At Conditions of Approval �:lYi,;1` �.•"k � '�i�. ,� � � t . -�.: 'L'n a ,rC P". � 'fir � 4 , h�e .: Y'�b{e"�+°i ..�' .� �► �� ,� 1.i�,,'ix,t'M � r Ar t: ��. .�,7�� _-'Cf �.A '' M�! nP 1 � a } /'t'lM(+ - -One of only properties with a backyard on VanDam Street -Only property experiencing the VanDam/Clinton truck traffic stop light -Entirely covered in real/faux vegetation so non -visible 75 Clinton Street, Saratoga Springs JONES STEVES GRASSI ATTORNLlys AT LAW Fence Height Area Variance Application City of Saratoga Springs Zoning Board of Appeals May 18, 2026 Presented By: Justin M. Grassi, Esq. Jones Steves Grassi LLP Saratoga Springs, NY 12866