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Troy board denies 6-foot front-fence request, permits 4-foot shadow-box with setback relief

May 08, 2026 | Troy, Rensselaer County, New York


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Troy board denies 6-foot front-fence request, permits 4-foot shadow-box with setback relief
Mark Heffernan, who identified himself at the meeting as living at 34 Brunswick Road, asked the board for permission to install a 4–6-foot scallop-top fence in his front yard to protect a son who elopes.

Heffernan described a design that curves from 6 feet at posts down to 4 feet between posts to balance privacy and neighborhood visibility. Board members and neighbors voiced aesthetic concerns about a solid 6-foot front-yard fence and pointed to local precedent favoring 4-foot front fences. Staff and members discussed how the property’s existing U-drive and plantings would interact with any new fence and whether emergency access would be affected.

Under questioning, Heffernan said he was willing to amend the application to a 4-foot shadow-box (transparent) fence. The board voted down the requested 6-foot area variance (reported tally: four nos, one yes) and then approved an area-variance relief for the front setback so the applicant can place a 4-foot shadow-box fence closer to the property line. The approval included conditions recorded on the record: the finished fence should be 4 feet high, use a shadow-box (or similar transparency) design, and meet the stated offset condition from the property line so the town can maintain visibility requirements.

Staff advised Heffernan that if he modifies the fencing or parking footprint beyond what was approved, he may need to return with revised plans; otherwise, the applicant may proceed to obtain building permits and construct the fence under the board’s conditions.

The board’s decision preserves a path for the resident to add a safety barrier while maintaining the city’s visual standards for front-yard fences.

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