HomeMy WebLinkAbout20250907 75 Clinton St. Area Variance Analysis of Unique Conditions and Conditions of Approval 09.28.2026Analysis of Unique Conditions and Conditions of Approval
75 Clinton Street, Saratoga Springs - Fence Area Variance
Unique Site-Specific Distinguishing Conditions
• City Council acknowledged truck route on Van Dam Street, Saratoga Springs;
• Professional evidence submitted:
• Engineer traffic assessment for Van Dam Street documenting 731 Average
Annual Daily Traffic from Heavy Vehicles. Nearly twice that of Broadway,
Saratoga Springs.
• EPA monitoring data reflecting Van Dam Street with the highest recorded air
pollution in the City, with the street recording pollution at levels ranking third
highest in the region (consisting of three states).
• Testimony from Doctor Christopher Mason, Medical Director of CR Wood
Cancer Center, regarding the health effects of road noise and truck traffic
exhaust demonstrating risks of cancer, respiratory illness,
neurodevelopment complications, hearing loss and tinnitus. Evidence
presented of direct causation to levels demonstrated at the project site.
• NYS Parks, Recreation and Historic Preservation opining that historic
buildings are negatively impacted by visual, audible or atmospheric
elements, specifically noting that truck route create significant vibrations
that undermine older foundations and character-defining architectural
elements of historic resources.
• Department of Transportation (DOT) approved SimTek Ashland Fence rated
for sound attenuation of vehicle and truck traffic at the height installed and
proposed;
• Traffic light at intersection of Van Dam Street and Clinton Street increases impact of
acknowledged traffic noise, vibration, and pollution. Jake brake use and queuing of
trucks at traffic intersection exponentially increases traffic related adverse effects;
• Subject property is one of only two properties situated on Van Dam Street that has a
backyard along the street, thereby not having the benefit of a structure’s front
façade to naturally attenuate and mitigate the noise, vibration, smoke, debris and
related traffic pollutions. Subject property is the only property with a backyard
situated at a traffic light intersection;
• Correspondence received from neighbors in direct proximity in favor of proposed
variance requests.
Applicant Proposed Mitigating Conditions of Approval
• DOT rated SimTek Ashland Fence required which is specifically designed for
mitigation of truck related impacts at a Sound Transmission Class of 25.
• Artificial ivy to be immediately installed on SimTek Ashland Fence visible from
street. Applicant required to make a reasonable and good-faith effort to establish
and maintain live, growing ivy on the SimTek Ashland Fence visible from the street.
Such effort shall include planting appropriate live ivy or other suitable ivy plantings
and providing reasonable watering, care, and maintenance necessary to encourage
its growth and establishment. The Applicant shall continue such reasonable efforts
for a period of at least two (2) growing seasons following installation. Such
mitigation resulting in the SimTek Ashland Fence being non-visible and appearing to
be a hedgerow from streetscape.
• Mitigation of visual impact by condition that existing vegetation must remain or
otherwise be enhanced, with approval from any applicable land use boards.
• Fence existing in front of SimTek Ashland Fence must remain to mitigate visual
impact and give an appearance of hedgerow behind traditional fencing.
• Variance shall expire and terminate if truck access highway is confirmed by DOT and
City of Saratoga Springs to have been relocated.