Bill S319-2013

Requires that variance and special permit decisions made by the board of standards and appeals be made by a two-thirds majority of the quorum

Requires that variance and special permit decisions made by the board of standards and appeals be made by a two-thirds majority of the quorum present and voting.

Details

Actions

  • Jan 8, 2014: REFERRED TO CITIES
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.920
  • Jan 9, 2013: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - May 30, 2013
Ayes (6): Lanza, Ball, DeFrancisco, Grisanti, Avella, Breslin

Memo

BILL NUMBER:S319

TITLE OF BILL: REVISED 12/10/12

An act to amend the New York city charter, in relation to requiring the variance and special permit decisions made by the board of standards and appeals be made by a two-thirds majority of the quorum present and voting

SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the legislative findings and intent of the bill.

Section 2 amends subdivision b of section 668 of the New York city charter, as added by local law number 102 of the city of New York for the year 1977, by requiring that variance and special permit decisions shall only be made by a two-thirds majority of the quorum present and voting.

Section 3 provides for this act to take effect immediately.

JUSTIFICATION:

This bill is being introduced as a companion piece of legislation to a proposed local law to expand the membership of the Board of Standards and Appeals (UBSA") to thirteen members, with the eight additional members to be appointed, one each, by the borough presidents, Public Advocate, Comptroller and City Council. Therefore, should the membership of the BSA be increased to 13, this legislation to require a two-third majority vote will not create a difficult mandate.

The justification for this amendment is based on the understanding that decisions of this nature - zoning decisions - represent permanent alterations to the fabric of the city and can affect the rights of many property owners for years to come.

Therefore, it is reasonable that zoning decisions made by BSA should only be done where there is a two-thirds majority of the quorum present and voting.

This will ensure that decisions of such magnitude are addressed by a substantial majority of the BSA.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.6105/A.9197 (Brennan)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 319 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the New York city charter, in relation to requiring the variance and special permit decisions made by the board of standards and appeals be made by a two-thirds majority of the quorum present and voting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Declaration of legislative findings and intent. This bill is a companion to the proposed amendment to the New York city charter that adds eight additional members to the New York city board of stand- ards and appeals to be appointed by the other major election officials in the city government, the borough presidents, public advocate, comp- troller and city council. The legislature finds that zoning decisions represent permanent alterations to the fabric of the city and can affect the rights of many property owners for years to come. As such, zoning decisions made by the New York city board of standards and appeals should only occur when there is a two-thirds majority of the quorum present and voting. S 2. Subdivision b of section 668 of the New York city charter, as amended by local law number 102 of the city of New York for the year 1977, is amended to read as follows: b. The recommendation of a community board or borough board pursuant to subdivision a of this section shall be filed with the board of stand- ards and appeals and a copy sent to the city planning commission. The board of standards and appeals shall conduct a public hearing and act on the proposed application. A decision of the board shall indicate wheth- er each of the specific requirements of the zoning resolution for the granting of variances has been met and shall include findings of fact with regard to each such requirement, AND SHALL ONLY BE MADE BY A TWO-THIRDS MAJORITY OF THE QUORUM PRESENT AND VOTING. S 3. This act shall take effect immediately.

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