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.
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 Assem-bly, do enact as follows:
1 Section 1. Declaration of legislative findings and intent. This bill
2 is a companion to the proposed amendment to the New York city charter
3 that adds eight additional members to the New York city board of stand-
4 ards and appeals to be appointed by the other major election officials
5 in the city government, the borough presidents, public advocate, comp-
6 troller and city council. The legislature finds that zoning decisions
7 represent permanent alterations to the fabric of the city and can affect
8 the rights of many property owners for years to come. As such, zoning
9 decisions made by the New York city board of standards and appeals
10 should only occur when there is a two-thirds majority of the quorum
11 present and voting.
12 § 2. Subdivision b of section 668 of the New York city charter, as
13 amended by local law number 102 of the city of New York for the year
14 1977, is amended to read as follows:
15 b. The recommendation of a community board or borough board pursuant
16 to subdivision a of this section shall be filed with the board of stand-
17 ards and appeals and a copy sent to the city planning commission. The
18 board of standards and appeals shall conduct a public hearing and act on
19 the proposed application. A decision of the board shall indicate wheth-
20 er each of the specific requirements of the zoning resolution for the
21 granting of variances has been met and shall include findings of fact
22 with regard to each such requirement, and shall only be made by a two-
23 thirds majority of the quorum present and voting.
24 § 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
