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    Search results for "Court Decisions"

    Comment on Peyton v. NYC BSA

    Commentary  •  Court Decisions  •  Upper West Side, Manhattan

    Part of Park West Village. Image Credit: Google Maps

    On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662.  The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to which no deference is owed.  The City Council should follow the lead of the U.S. Congress, which, in the Dodd-Frank Act, legislated a less deferential standard of review for certain actions of an agency widely deemed captive to the industry it is supposed to regulate. (more…)

    Tags : Board of Standards and Appeals, Court Decisions, guest commentary
    Date: 01/11/2021
    (4) Comments

    City Council to Consider New Oversight Controls on BSA

    City Council  •  Board of Standards and Appeals  •  Citywide
    Kallos Board of Standards and Appeals

    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…)

    Tags : Board of Standards and Appeals, Council Member Ben Kallos, Council Member Donovan Richards, Ross Sandler, The Municipal Art Society
    Date: 12/14/2016
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    BSA denies challenge to twelve-story homeless shelter

    Board of Standards & Appeals  •  Appeal  •  Chelsea, Manhattan

    Community group argued that proposed homeless shelter did not qualify as a hotel under the zoning resolution. Buildings in 2010 issued the Bowery Residents’ Committee a permit to convert a twelve-story factory building at 127 West 25th Street in Chelsea to a homeless shelter and offices. BRC planned to create a 32-bed chemical dependency crisis center, a 96-bed reception center for the homeless, a 200-bed homeless shelter, and two outpatient counseling programs serving up to 100 individuals. The site is zoned for manufacturing and, prior to applying for the permit, BRC received confirmation from Buildings that the homeless shelter would be considered an as-of-right transient hotel use.

    A group of local residents and business owners, known as the Chelsea Flatiron Coalition, opposed the shelter. The Coalition sued to stop the project, but a lower court stayed the litigation until the Coalition had exhausted its administrative remedies by challenging Buildings’ permit approval at BSA. (more…)

    Tags : 127 West 25th St., Board of Standards and Appeals, Bowery Residents' Committee, Chelsea Flatiron Coalition
    Date: 05/15/2011
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