Expands the membership of the board of standards and appeals to thirteen members

Title of bill

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

Summary of provisions

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

Section 2 amends amends 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, by increasing the number of board of standards and appeals members to 13 from 5, with the 8 additional members to be appointed, one each, by the borough presidents, Public Advocate, Comptroller and City Council.

Section 3 provides for this act to take effect immediately.

Justification

Prior to the 1991 Charter Revision and elimination of the former Board of Estimate, zoning and special permit decisions made by the Board of Standards and Appeals ("BSA") could be reviewed by the Board of Estimate which was comprised of city-wide elected officials including the Mayor, the President of the City Council, the Comptroller and the borough presidents. The effect of this review process was to ensure that the public's voice would be considered in terms of such significant government decision-making. Unfortunately, following the 1991 Charter Revision, the public's voice on such important issues was in effect silenced because the prior review authority of the Board of Estimate on zoning issues was not carried over to any other body of elected officials and the Mayor retained sole appointment powers in the membership of BSA.

This amendment to the Charter will add eight additional members to the BSA to be appointed by the other major elected officials in city government -- the borough presidents, Public Advocate, Comptroller and City Council. The five mayoral appointees will remain and their voices will be tempered by those of the eight additional members appointed by these other elected officials.

This amendment will return the concept of "checks and balances" to the decision making process of BSA and once again add the public's voice to the debate over one of the city's most important government functions - zoning.

Prior legislative history

2011-12, S.6104/A.9196(Brennan) 2013-14, S.320

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.