TROY – Mayor Patrick Madden's administration wants to make it easier for developers to get variances from the city Zoning Board of Appeals, angering some residents who see this measure as weakening rules that protect the neighborhoods' quality of life.

The administration was pushing to get the number of yes votes needed by the five-member zoning board to grant a variance reduced from a supermajority of four votes to a simple majority of three votes.

“It’s horrible. We need reform of the zoning board in a different way,” said Amy Halloran of the Hillside neighborhood.

The effort to change how many votes are needed by the Zoning Board of Appeals comes after two contested projects were granted variances by 3-2 votes in March. But a review of the city code disclosed that a 4-1 approval was needed for the zoning board to grant a variance.

As a result, the city rescinded the approvals to convert the United Armenian Calvary Congregational Church building at 144 Ninth St. into eight apartments in the Hillside neighborhood and to build 44 apartment units off Oakwood Avenue. Variances usually are for exceptions to the city zoning code such as the size of a lot.

“Within a neighborhood these developments affect the quality of life.” Halloran said. The current supermajority provides a level of protection for residents, Halloran said.

The administration proposal has been delayed on procedural requirements by City Council President Carmella Mantello.

“In my opinion that requirement (the four-vote majority) was put in for a reason – to protect the quality of life in the neighborhoods,” said Mantello.

She said she has not received legislation with the required explanation for its need from the administration, but there was a proposal by the administration to hold a public hearing Thursday night at the Planning Commission meeting. Mantello said she told Steven Strichman, the commissioner of planning and community development, that he had to follow the council’s rules by properly having legislation introduced so it could be referred a council committee for review and a decision.

Strichman said the administration is seeking the change to bring the variance vote into line with state law. He said it also would make it easier to have a vote if a member is absent or recuses due to a conflict of interest.

The city code is stronger than the state law. Mantello equated the four votes necessary to grant a variance to requiring a two-thirds City Council vote for the city to borrow money or to amend the City Charter.

Halloran said the city should take the steps to professionalize the requirements for membership on the zoning board instead of letting it be filled with people with political ties to the administration. She pointed to the city’s five-member Planning Commission, whose membership must include a lawyer, a real estate broker, an architect and an engineer. The fifth member is a member of the public.