STATE OF NEW YORK
        ________________________________________________________________________
                                          1545
                               2017-2018 Regular Sessions
                    IN SENATE
                                    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:
     1    Section  1.  Declaration of legislative findings and intent. This bill
     2  is a companion to the proposed amendment to the New  York  city  charter
     3  that  adds eight additional members to the New York city board of stand-
     4  ards and appeals to be appointed by the other major  election  officials
     5  in  the  city government, the borough presidents, public advocate, comp-
     6  troller and city council. The legislature finds  that  zoning  decisions
     7  represent permanent alterations to the fabric of the city and can affect
     8  the  rights  of  many property owners for years to come. As such, zoning
     9  decisions made by the New York  city  board  of  standards  and  appeals
    10  should  only  occur  when  there  is a two-thirds majority of the quorum
    11  present and voting.
    12    § 2. Subdivision b of section 668 of the New  York  city  charter,  as
    13  amended  by  local  law  number 102 of the city of New York for the year
    14  1977, is amended to read as follows:
    15    b. The recommendation of a community board or borough  board  pursuant
    16  to subdivision a of this section shall be filed with the board of stand-
    17  ards  and  appeals  and a copy sent to the city planning commission. The
    18  board of standards and appeals shall conduct a public hearing and act on
    19  the proposed application.  A decision of the board shall indicate wheth-
    20  er each of the specific requirements of the zoning  resolution  for  the
    21  granting  of  variances  has been met and shall include findings of fact
    22  with regard to each such requirement, and shall only be made by  a  two-
    23  thirds majority of the quorum present and voting.
    24    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00601-01-7