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Home My WebLink About20250907 75 Clinton St Area Variance ZBA Presentation 07.13.202675 Clinton Street, Saratoga Springs Fence Height Area Variance Application City of Saratoga Springs Zoning Board of Appeals July 13, 2026 Presented By: Justin M. Grassi, Esq. Jones Steves Grassi LLP Saratoga Springs, NY 12866 Aerial of Site Existing Conditions •NYS Department of Transportation Declared Van Dam 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 –unique to this site Existing Conditions Applicant Fence Existing Conditions Existing Conditions Existing Conditions Existing Conditions Existing Conditions Existing Conditions Relief Sought Frontage Maximum Height Permitted Height of Fence Relief Sought Clinton Street 4’12’200% Van Dam Street 6’12’100% Western Boundary 4’12’200% Area Variance Criteria •General City Law §81-b –ZBA “shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider:” •(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. Change in Neighborhood Character •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 Alternatives •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. Substantiality •While the percentage relief may be substantial, the impact of such relief is not. •Benefit is the actual 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%. Adverse Impact on Physical or Environmental Conditions in Neighborhood •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. Tractor trailer noise reaches 90 dB with Jake Brakes having a decibel up to 100 decibels; Saratoga Springs City Ordinance §148-2 “’unreasonable noise’ shall mean any noise which is of such character that a reasonable person of normal sensitivities would not tolerate it under the circumstances, or is detrimental to the life or welfare of any individual, or causes a risk of public inconvenience or alarm” and 148-4 in any residential zoning district, the use of any apparatus “in such a manner as to generate an instantaneous sound-pressure level of 60 decibels (dBA) and/or an instantaneous sound-pressure level of 70 decibels (dbC) or greater, as measured from any point along the boundary line of the real property on which the sound pressure is generated”. •Letters in support have been submitted for surrounding properties Green = our home Yellow = neighbors who officially support Blue = neighbor who just moved out-he was renting. Don’t think new residents are there yet. Purple = support given via text today, not enough time to have official letter Note: we have support from more residents in our neighborhood –many of which we have submitted official letters from. This map shows support from our direct neighbors. 66 Van Dam St 69 Van Dam St 81-88 Van Dam St 76 Walton St 75 Clinton St 76 Clinton St Map of Support from Direct Neighbors Self-Created Difficulty •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 therefore not self-created Comparables •North Broadway and Route 50 corner –12’ 7” •December 2025 ZBA Approval for Fence up to 11’ at 2 North Circular Street Conditions of Approval -Applicant proposes covering the entirety of the fencing in artificial ivy while attempting to grow ivy to cover the exterior Conditions of Approval -Applicant proposes covering the entirety of the fencing in artificial ivy while attempting to grow ivy to cover the exterior Non- Precedent Setting -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 June 2022 “shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood”General City Law §81-b Average Annual Daily Traffic: 731 heavy vehicles