Expands the membership of the board of standards and appeals to thirteen members, with the eight additional members to be appointed, one each, by the borough presidents, public advocate, comptroller and city council.

---

S320-2013 Actions

• Jan 9, 2013: REFERRED TO CITIES

S320-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     320

                         2013-2014 Regular Sessions

                              I N  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 expanding  the
    membership of the board of standards and appeals to thirteen members

    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.  Prior  to
  the  1991  revision  of the New York city charter and elimination of the
  board of estimate, zoning and special permit decisions made by the board
  of standards and appeals could be reviewed by  the  board  of  estimate,
  comprised of city-wide elected officials including the mayor, the presi-
  dent  of  the  city council, the comptroller and the borough presidents.
  The effect of this review process was to ensure that the public's  voice
  was  considered in this significant decision-making process. The charter
  revision did not continue the review authority of the board of  estimate
  on  zoning issues and such authority was not vested in any other body of
  elected officials. Thus the mayor retains sole appointment powers in the
  membership of the board of standards and appeals.
    This amendment to the charter adds eight  additional  members  to  the
  board  of  standards  and  appeals  to  be  appointed by the other major
  elected officials in city government,  the  borough  presidents,  public
  advocate,  comptroller and city council. This change introduces a neces-
  sary check on the board of standards and appeals' authority and  returns
  the public voice to the decision-making process in the area of zoning.
    S  2.  Subdivision  a  of section 659 of the New York city charter, as
  added by local law number 49 of the city of New York for the year  1991,
  is amended to read as follows:

    a.  There  shall  be  an  independent  board  of standards and appeals
  located within the office of administrative  trials  and  hearings.  The
  board  of standards and appeals shall consist of [five] THIRTEEN members

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03386-01-3

 S. 320                              2

  to be termed commissioners, FIVE to be appointed by  the  mayor  [each],
  FIVE  TO  BE  APPOINTED,  ONE EACH, BY THE BOROUGH PRESIDENTS, ONE TO BE
  APPOINTED BY THE PUBLIC ADVOCATE, ONE TO BE APPOINTED BY THE COMPTROLLER
  AND ONE TO BE APPOINTED BY THE CITY COUNCIL. EACH MEMBER SHALL SERVE for
  a term of six years.
    S 3. This act shall take effect immediately.