Northeast Queens Councilmen Call for Reforms to City Variance Process

Two City Council members from northeast Queens are calling for reforms to the city Board of Standards and Appeals’ process of granting variances to developers and commercial establishments.

Councilman Dan Halloran, R-Whitestone, has proposed a bill that would force businesses to abide variances they were granted, while another piece of legislation would enable community boards and borough presidents to appeal BSA decisions.

Both bills have been co-sponsored by Councilman Mark Weprin, D-Oakland Gardens.

“Our city’ charter put the Council, not an unelected board, in charge of land use decisions,” Halloran said. “These laws would give the land use authority in New York City back to the City Council and would increase the vital role that the community board plays in the process.”

The BSA is an unelected body that grants zoning variances for city developers and businesses.

Under Halloran’s first bill, a community board or borough president could appeal to the entire City Council if the BSA passed a variance application they opposed.

The Council would then vote on the application. Currently, the BSA’s decision is final.

The second piece of legislation would penalize commercial establishments operating with an expired variance. No such law currently exists in the city.

Halloran’s bills would also require the BSA to notify proper owners that they must apply for a new variance at least six months before their current one expires.

After six months operating without a variance, the BSA would be able to issue fines to the business owners.

The BSA could not be reached for comment.

Halloran and Weprin said that a home along in Bayside Hills was a perfect example of the type of properties the proposed legislation would target.

At that site, a variance has been granted to build a two-bedroom home on a lot that is zoned for low-rise, single-family homes.

Both Borough President Helen Marshall and Community Board 11 advised against granting the variance.

Weprin said the property would open the door for more overdevelopment in low-density zones.

“Residents should have the right to appeal decisions by the Board of Standards and Appeals to the City Council when they believe a wrong has been committed,” Weprin said.

Both Council members sit on the legislative body’s Land Use Committee, while Weprin is also the chairman of its Zoning and Franchises Committee.

Jerry Iannece, CB 11’s chairman, said he floated the idea of challenging the BSA a few years ago and supports the Council members’ bills. But he believes the initiative would require revisions to the City Charter.

“It’s a great idea and it’s been a long time coming, but I think we’ll really need charter revision to do it,” he said. “There should be a process by which the community can automatically appeal if they don’t like a decision by the BSA. In every form of government, we have checks and balances.”