The Staten Island Main Post Office. Image credit: PMCC Post Office Photos

ECB found federal Postal Service not exempted from Noise Code on grounds of preemption.  On April 4, 2014 the Department of Environmental Protection issued a notice of violation against the Staten Island Main Post Office for operating an air conditioning unit in excess of the allowable decibel limit under the City Noise Code.  The Post Office contested the notice with the Environmental Control Board, arguing the United States Postal Service was “an independent establishment of the executive branch” of the federal government, and therefore the local code was preempted under the Supremacy Clause of the US Constitution.  The hearing officer found the Board lacked jurisdiction over the matter and dismissed the notice.

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Council Member Ben Kallos. Image Credit: William Alatriste for the City Council.

Ten bills will be aired for public opinion to place restrictions on and revamp the processes of the Board of Standards and Appeals. On December 6, 2016, Council Member Ben Kallos introduced five new bills regarding the oversight and operations of the Board of Standards and Appeals at the City Council’s stated meeting. The Board of Standards and Appeals, which was originally created to be an independent board tasked with granting “relief” from the zoning code, is empowered by the Zoning Resolution and primarily reviews and decides applications for variances and special permits. (more…)

Image credit: Jeff Hopkins

New Yorkers enjoy many new forms of transportation such as electric scooters, electric bicycles, hoverboards, skateboards, in-line skates, electric wheelchairs, and more. The laws governing these forms of transportation are confusing and mostly unenforced, if they are even enforceable. State laws and regulations on vehicle and roadway usage typically trump conflicting local laws, except in New York City, where the New York City Council has been given much authority to promulgate laws and regulations on the use of the City’s public roadways. (more…)

Illustration: Jeff Hopkins.

Sign installation in New York City triggers regulations governing location, size, illumination, and construction. The New York City Building Code and the New York City Zoning Resolution are the two main bodies of law governing signs in New York City. The Building Code regulates the construction and maintenance of signs, such as permissible construction materials, and is primarily concerned with public health and safety. The Zoning Resolution, while implicating issues of public health and safety, also encompasses aesthetic considerations. Restrictions on the size, height, surface area, and illumination of a sign are intended to promote a distinctive look in that zoning district, while striking a balance between the desires of society and the rights of property owners. For example, an illuminated sign that may be a desirable tourist attraction in Times Square, becomes a nuisance in a residential neighborhood.

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City-controlled operating entity will be responsible for implementing island’s recently released redevelopment master plan. On April 11, 2010, the City and State announced an agreement that would transfer to the City primary responsibility for operating Governors Island and for implementing the development goals of the Governors Island Park and Public Space Master Plan. The City and State have jointly operated the island since 2003, when the federal government transferred control of the island to the Governors Island Preservation and Education Corporation, a subsidiary of the Empire State Development Corporation. The newly created Governors Island Operating Entity will now oversee the development and operation of the island. The entity’s thirteenmember board will include nine mayoral appointees, and appointees of the Governor, the 64th District State Assembly Member, the 25th District State Senator, and Manhattan Community Board 1.

The 172-acre island’s northern 92 acres were designated as the Governors Island Historic District by Landmarks in 1996 and includes the 22-acre Governors Island National Monument managed by the National Park Service. The island’s remaining 80-acre southern portion, which is closed to the public, is slated for redevelopment and features parking lots, abandoned warehouses, and former military barracks. (more…)