What's happening
This bill requires that variance and special permit decisions by the New York City Board of Standards and Appeals must be approved by a two-thirds majority of the quorum present and voting.
Why it matters
Raises the threshold for approval. , making it harder for variance and special permit applications to pass, which could limit controversial or less-consensual zoning changes that might impact neighborhoods.
Shifts the balance of power. within the Board of Standards and Appeals by requiring broader agreement among members, potentially reducing the influence of a small majority or bloc.
May enhance public trust. in zoning decisions by ensuring that only proposals with significant board support move forward, addressing concerns about transparency or backroom approvals.
Could slow down the approval process. for property developments and land use changes, as higher vote requirements might lead to more deadlocks or rejections, affecting developers, property owners, and community interests.
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Who cares
Headline styles
Stricter Zoning Approval Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1545
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
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 Assembly, 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 standards and appeals to be appointed by the other major election officials in the city government, the borough presidents, public advocate, comptroller 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.
§ 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 standards 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 whether 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 twothirds majority of the quorum present and voting.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00601-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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 669 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 ("BSA") 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 2013-14, S.319 2015-16, S.688
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.