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Senate Bill S1545

2017-2018 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 Senate Committee Cities Committee

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2017-S1545 (ACTIVE) - Details

Current Committee:
Senate Cities
Law Section:
New York City Charter
Laws Affected:
Amd §668, NYC Chart
Versions Introduced in Other Legislative Sessions:
2011-2012: S6105
2013-2014: S319
2015-2016: S688

2017-S1545 (ACTIVE) - Summary

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.

2017-S1545 (ACTIVE) - Sponsor Memo

2017-S1545 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1545
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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.
   § 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.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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