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Much-maligned BSA gives briefing to Borough Board

By Sophia Chang

Because the community boards are often the first stop for builders and architects seeking community approval for various construction projects, while the Board of Standards and Appeals is the builders' last recourse, the community board leaders were curious if the five commissioners at the BSA recommend any particular guidelines for getting the greenlight on variances and permits. “I think the boards have to use their best judgment,” said Meenakshi Srinivasan, chairwoman and commissioner of the BSA, explaining during the meeting at Borough Hall that each application needs to be judged on its own merits.Typically, a builder filing an application for a variance must go first to the appropriate community board, followed by the borough president's office for a vote, and then ultimately to an agency that can issue a permit such as the Department of Buildings. If the builder's application is denied or if an existing landlord is found to have buildings violations, appeals can be made at the BSA.”You are not expected to be professionals,” said Borough President Helen Marshall to the board chairman. “When you give me your recommendations, it's pretty clear to me what your concerns are. She's got the professionals and the onus is on them,” she said, gesturing to Srinivasan. “I would hope you never feel that you can't turn to them.”Once under attack by critics who said the Board of Standards and Appeals approved every variance that it heard and did not consider the needs of the residents or the previous votes of community boards on applications, the BSA is now praised for being more transparent in how cases are decided and for being more open to the public.Some of the community board chairmen asked Srinivasan detailed questions related to specific applications, while others asked if there were ever a cap on the number of variances or exceptions to zoning laws that a builder could seek.There is no maximum on the number of variances allowable, Srinivasan said, as long as each application has a reason for being.”It's up to the applicant to explain how legitimate each is,” she said. “Sometimes variances can trigger each other,” said Irving Poy, director of the borough president's Planning and Development office.A sore subject for some board chairmen was building violations in the borough, and Srinivasan agreed that regulations need to be better enforced and monitored for continued compliance.”The first step is to get the Department of Buildings out there and the second is to have compliance hearings,” Srinivasan said. In the end, Srinivasan said her agency's success depends largely on public input to help shape how her staff serve the community.”It's helpful when we hear testimony from community boards,” she said. “We can't have the expectation that community boards can hire real estate experts.”City Councilman John Liu (D-Flushing) praised the BSA's new spirit of cooperation.”There is a change of tone and attitude at the Board of Standards and Appeals,” he said. “The feedback I've been getting is that the BSA is more responsive now.”Reach reporter Sophia Chang by e-mail at news@timesledger.com, or by phone at 718-229-0300, Ext. 146.