When the City’s zoning laws were first enacted in 1916, in order to avoid triggering the takings clause of the United States Constitution, the City created the Board of Standards and Appeals (BSA) to grant “relief” from the zoning code. A land owner in New York City may chose between the standard land use process for a zoning change or apply for a variance to a specific site through the BSA. As local Council Member, Ben Kallos, appeared before the BSA on numerous matters, opposing overdevelopment and supporting applications to build or expand new educational facilities.
Ben appeared before the BSA in opposition to projects where developers misrepresented facts and created loopholes to get around the zoning code. Ben was also able to negotiate win-wins for schools and the neighborhood to win community support for projects on numerous occasions. Chapin received approval to build several additional stories over their existing school within existing height limits. Spence received approval to build a new freestanding athletics facility while agreeing to make their space available to neighboring public schools. Marymount received approval to build a new campus on 98th Street while agreeing to create special program to serve low-income communities of color in the surrounding East Harlem community. Following his appearances, Ben actually wrote and passed multiple laws to better regulate the BSA.
Our firm is here to help the community fight out-of-scale and otherwise illegal projects being considered by the BSA. Our firm can also help educational institutions who are serious about moving forward with the community to navigate that process and the BSA.
