Letter Regarding New Legislation on the Board of Standards and Appeals
April
8, 2004
Councilmember Tony Avella
250 Broadway — Room 1731
New York, NY 10007
Dear Mr. Avella;
The Greenwich Village Block Associations (GVBA) is a community wide
coalition of organizations dedicated to preserving and improving the
quality of life
for residents of our historic neighborhood. After discussing the frequently
negative role that the Board of Standards and Appeals (BSA) plays in local
land use, development and construction issues we voted to endorse changes
in procedure to persuade the BSA to be more accountable to the communities
that
are impacted by its decisions. Villagers are acutely sensitive to land
use decisions because we are the guardians of a district with “more history
per square foot” than any other community in the country.
According to the BSA its role is to look at individual cases that…do
not fall within the broadly defined areas of land use policy. Within the
law (the BSA) interpret(s) the various codes which govern this policy, and
have
the power to vary the regulations for specific sites or projects. We believe
that the BSA abuses its discretionary role and repeatedly interferes in instances
where findings or guidelines of other agencies are sufficient, correct and
should be upheld. BSA decisions often seem arbitrary; its demeanor towards
members of the public who testify at its hearings is routinely arrogant and
dismissive.
The BSA is unduly sympathetic to developers. Many applicants would have
no reasonable expectation of receiving a variance if the BSA were unbiased.
The
GVBA trusts that the proposed legislation to give our elected officials
the right of review concerning BSA decisions will help curb its frequent
abuse
of power and encourage greater respect for the interests of residents who
typically understand their own communities better than the appointees who
sit on the
BSA.
It is an irritation to city dwellers that state government or agencies
enabled by state law often determine matters that could logically be decided
closer
to home. This is particularly unacceptable when the rulings of city officials
and agencies can be obviated by a virtually unaccountable agency. The GVBA
welcomes reasonable attempts to bring authority back to the local level.
We hope that this legislation will become law in a timely manner; we anticipate
that its effect will be visibly beneficial. The preservation of our neighborhoods
is critical to all New Yorkers; an affected community should play an influential
part in the land use decisions that may permanently alter its built environment.
Thank you
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