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Troy planning board approves 6-foot cedar fence for Congregation Berith Shalom courtyard

5783637 · September 11, 2025
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Summary

The Troy Planning Board granted a zoning variance to allow a 6-foot cedar privacy fence around the courtyard at Congregation Berith Shalom, finding it would not create traffic-safety sight-line hazards; a State Environmental Quality Act (SEQR) Type II determination was recorded.

The Troy Planning Board approved a zoning variance on Sept. 1 to allow a 6-foot tongue-and-groove cedar fence along the courtyard at Congregation Berith Shalom at Third and Division streets.

Beth Hyde, a representative for the congregation, told the board the fence is intended to provide privacy and security for the synagogue’s courtyard and that the site is currently enclosed by a 5-foot chain-link fence. “It sits on the corner of Third and Division. The neighborhood is not as what it was. It has a large open grassy courtyard that marks the corner of Third and Division and currently is secured by a 5 foot chain link fence, which does provide a fence, but does not provide security or privacy,” Hyde said.

Board members discussed the relevant corner-lot sight-line rule cited in the staff packet (referred to during the meeting as “285 42 d”), traffic-safety concerns and whether the taller fence would interfere with vehicular sight lines. One board member who moved to approve the variance amended the motion to include the rationale that the taller fence “does not seem to interfere with any line of vision for driving or an impediment to traffic hazards” and that it would not change the character of the neighborhood. The planning board then approved the variance in a roll-call vote. The board also found the proposal to be a SEQR Type II action based on staff reports.

The applicant said the proposed cedar fence will include a handicapped-accessible push-out exit gate that meets emergency egress requirements while preventing entry from the street side. Hyde said the congregation previously obtained Historic District input and has worked with historic-review processes; the presented fence design was described as “historically correct” and plain (no decorative finials).

Board members told the applicant to work with city staff on any final permitting and gate details. The planning board did not record any conditions beyond the finding on sight lines and the SEQR Type II determination.

The board’s approval allows the synagogue to replace the existing chain-link barrier with the proposed 6-foot cedar fence, subject to building permits and any administrative conditions the city applies at permitting.