NY Appellate Court Upholds City Board of Standards and Appeals Variance Approval for Frick Collection

The Appellate Division, 1^st Department upheld the granting of an area variance by the NYC Board of Standards and Appeals for the Frick Collection, finding that the BSA’s decision had a rational basis and was supported by substantial evidence as they appropriately set forth each required finding.  Further the Court found that the BSA awarded the minimum variance necessary to afford relief in accordance with the City Zoning Resolution. Further, the Court noted that the BSA providently issues a “negative declaration” finding that the environmental impact was not significant and the that the BSA sought input from the Landmarks Preservation Commission.

Stop Irresponsible Frick Development v New York City, 2022 WL 174486 (NYAD 1 Dept. 1/20/2022)