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May 24, 2006
Dear Mayor Bloomberg,
The Greenwich Village Block Associations, an umbrella organization of over 30 individual block associations in Greenwich Village, strongly supports City Councilmember Tony Avella’s (Chair of the Zoning and Franchise Committee) efforts to reform the Board of Standard and Appeals. In recent years this Board has played an increasing role in land use development, often making far reaching and widespread decisions, via zoning “variances” on the size and height of buildings, special permits for certain high impact facilities, as well as making drastic changing in the permitted uses (changing manufacturing and commercial areas to residential use) in a given zone, all roles that traditionally have come under the City Planning Commission. This is often done without consideration of the effects on a community (adequacy of parks, schools, fire and police access), the environment or the underlining physical infrastructure of an area (sewers, bus routes, subway access, water and electrical demands etc)
To that end, Councilmember Avella has proposed three important pieces of legislation.
City Council Review of BSA Decisions
Currently, BSA decisions are final and review for reconsideration by elected officials is not permitted. In order to challenge a BSA ruling, an “Article 78” proceeding must be brought through the courts, a long and costly undertaking for a community. Mr. Avella is calling for legislation that will give the City Council the right to challenge the legitimacy of a BSA decision.
Expansion of BSA Membership to 13 Members
Under the revised City Charter of 1991, Mayor appoints all 5 members of the BSA. Although the City Charter has given land use review rights to the Borough Presidents and has allowed all elected officials a seat on the City Planning Commission, the Charter has denied the same arrangement for the BSA, the other important body involved in New York City land use. This contradiction of the City Charter mandate must be corrected so that other elected officials can have their constituents’ voices and concerns heard and considered in this crucial area of government function.
BSA Voting by 2/3 Majority for Variances
Tied in with an increased membership, this legislation will require a 2/3 voting decision (against the current simple majority of the 5 members), so that these extremely important decisions will be approved or denied by a substantial number of the members. These variances and BSA decisions arepermanent alterations to the City’s streetscape, done without appropriate approval by our elected local officials.
We strongly urge the Mayor and State Legislators to support this important proposed legislation and do whatever is necessary in terms of City Charter revisions or State permissions that may be required to enact these laws.
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