senate Bill S319

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cities
Jun 21, 2013 committed to rules
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.920
Jan 09, 2013 referred to cities

Votes

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May 30, 2013 - Cities committee Vote

S319
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Cities Committee Vote: May 30, 2013

Co-Sponsors

S319 - Bill Details

Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd ยง668, NYC Chart
Versions Introduced in 2011-2012 Legislative Session:
S6105

S319 - Bill Texts

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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.

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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.

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

                                   319

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03387-01-3

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