Application

BSA application instructions require the applicant to provide figures for “equity” and “percentage return on equity”.  [See CSI Issues page.]  After being reminded of this several times, CSI has provided neither figure.  CSI did not comply, and consequently, has not yet filed a complete application.

Residential As-of-Right 

BSA’s letter of 15 Jun’07, item #37 requests CSI to “analyze a complying, fully residential development on Lot 36 ... for the purposes of gauging what the economic potential of the development site would be without the alleged hardship”. CSI has not produced such an analysis.

Value of Comm. Facility Space

In its letter dated 15 Jun 07, item #35, BSA requested ”...standard market-rate rents for community facility space based on comparable rents in the vicinity of the subject site for both the as-of-right and proposed scenarios.”  Market-rate rents have not been applied to community facility space, so the value of that space has been largely ignored, although it was stated to be zero in one submission.

Lesser Variance 

BSA’s letter of 15 Jun’07, items #30 and #31, requests CSI to “provide a full plan set of drawings of lesser-variance drawings...[that] excludes the proposed tenant school space”.  CSI was also requested to provide financial analyses of the lesser variances.   CSI has produced neither the requested drawings nor analysis.  

There are many instances in which Congregation Shearith Israel as failed to follow the rules or requests of the BSA or city regulations or procedures.  Although the BSA has some discretion (BSA Rules of Practice and Procedure, Item (c)), the quantity and severity of the omissions and disregard of the Board and its processes  indicate the duty of the Board to dismiss the application.

Here are some samples.  Every effort has been made to ensure accuracy but the dozens of changing and inconsistent CSI submissions make it difficult.

BSA Authority

The role and limits to the board’s authority are not clear.  Under its web site  heading “Authority and Composition” the BSA “is limited to specific findings and remedies as set forth in state and local laws, codes, and the Zoning Resolution.” And the site’s FAQs states “The Board’s compass is always the law.”  It would seem clear that a variance request, for example, is either within the law and must be granted, or it is not.  But Chair Srinivasan says “the Board balances the needs of developers, individual property owners...”.  She cites no law, code, or Zoning Resolution section that provides for balancing, however socially desirable.

See the Sources page for links to more examples.