COUNCIL MEMBER JIMMY VAN BRAMER AND COMMUNITY CALL FOR BSA REFORM
On Wednesday, December 14th, Council Member Jimmy Van Bramer hosted a press conference to highlight his legislation that calls for much needed reform to the way the Board of Standards and Appeals issues variances. The legislation would allow for communities and local Council Members to have a greater voice in the process.
The call for BSA reform stems from the numerous instances of variances granted against the wishes of the community, civic associations, community boards and elected officials.
Council Member Van Bramer’s office did a study of the BSA decisions from the beginning of 2005 until early 2011. During this time, throughout the five boroughs, there were 2,855 appeals brought before the BSA. Of these, 2,481 of these appeals were granted, an approval rate of 86.9%. The city-wide denial rate was an anemic 2.7% and the remainder of the cases were withdrawn.
Wednesday’s press conference was in response to the several variances pending for recently rezoned lots on Woodside Avenue. The Sunnyside-Woodside rezoning that occurred in July was in an effort to prevent out-of-character developments such as the one waiting for a variance at the location of the press conference, 64-01 Woodside Avenue. The pending variances were rejected unanimously by local Community Board 2 and the community, but yet were still approved by the BSA. Reform to the way in which the BSA operates would help prevent future out-of-character development from overburdening our city services.
The Council Member has introduced four pieces of legislation that will aid in BSA reform:
• Intro 678 would create a standardized procedure through which the BSA will incorporate the recommendations of the city planning commission, community boards, borough boards and lessees and tenants into the final decision of the BSA.
• Intro 679 would expand the BSA to sixteen members – five from the Mayor, five from the New York City Council, one from the Public Advocate, and one from each Borough President’s office.
• Intro 680 would amend the New York City Charter to create a formal procedure for community members to draft a complaint against the issue that stands before the BSA. This panel would be composed of a representative from the City Council, one from the local community board and one from City Planning. The BSA would then be required to take into account the decision of this “Community Advisory Review Panel” in determining their final decision.
• Intro 681 would amend the NYC Charter to require all mayoral recommended members of the BSA be approved by the New York City Council.
“For far too long, variances have been issued without regard for the wishes of the community, civic groups or elected officials. The community has a right to have input into what sort of development occurs in their neighborhood. This legislation will limit out-of-character development and protect the fabric of our communities,” said Council Member Jimmy Van Bramer.
“I applaud Council Member Van Bramer for introducing legislation into the New York City Council that will restructure the New York City Board of Standards and Appeals. At the present time, 97% of all referred cases are overturned by the board. These decisions often ignore the desires of the community as expressed through the City’s community boards, and instead unfairly favor developers and other corporate interests. Council Member Van Bramer’s courageous legislation will make the Board of Standards and Appeals more inclusive and representative of our diverse city,” said Assemblyman Michael DenDekker.
“Community Board 2 commends and stands with Councilman Van Bramer to bring about change to the Board of Standard and Appeal (BSA). This community has suffered far too long by developers who are using the BSA to override the Department of City Planning and the Department of Buildings. The legislation proposed by Councilman Van Bramer will set a course for meaningful community dialog and representation on matters before the BSA,” said Joe Conley, Chair Community Board 2.
“It’s time that the BSA begin to listen to the community and not be the Builders. Service. Association,” said George Stamatiades, Dutch Kills Civic Association and Community Board 1 Vice Chair.