Directs the board of standards and appeals and the city planning commission in the city of New York to mail a copy of each application for and appeal of a variance to the city council member, borough president and state legislators for the affected land.
STATE OF NEW YORK
________________________________________________________________________
6711--A
2017-2018 Regular Sessions
IN ASSEMBLY
March 16, 2017
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Cities -- recommitted to the Committee on Cities in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the New York city charter, in relation to requiring the
board of standards and appeals and the city planning commission of the
city of New York to provide a copy of each application for a variance
or special permit to the members of the city council and the state
assembly and the state senator in whose districts, and the president
of the borough in which the land, to which the application relates, is
located
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 1 of subdivision a, and subdivisions b and c of
2 section 668 of the New York city charter, paragraph 1 of subdivision a
3 as amended by local law number 102 of the city of New York for the year
4 1977, subdivision b as amended by local law number 83 of the city of New
5 York for the year 2017, and subdivision c as amended by a vote of the
6 people of the city of New York at the general election held in November
7 1989, are amended to read as follows:
8 1. Each proposal or application shall be filed with the board of stan-
9 dards and appeals, which shall forward a copy within five days to the
10 community board for each community district in which the land involved,
11 or any part thereof, is located, and to the borough board if the
12 proposal or application involves land located in two or more districts
13 in a borough; and shall deliver, within five days, a copy thereof to
14 each member of the council, each member of the state assembly and each
15 state senator in whose district, and the president of the borough in
16 which the land involved is located.
17 b. The recommendation of a community board or borough board pursuant
18 to subdivision a of this section shall be filed with the board of stand-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02359-03-8
A. 6711--A 2
1 ards and appeals and [a copy] copies sent to the city planning commis-
2 sion, and to each member of the council, each member of the state assem-
3 bly and each state senator in whose district, and the president of the
4 borough in which the land involved is located. The board of standards
5 and appeals shall conduct a public hearing and act on the proposed
6 application. A decision of the board shall indicate whether each of the
7 specific requirements of the zoning resolution for the granting of vari-
8 ances has been met and shall include findings of fact with regard to
9 each such requirement. When the board of standards and appeals grants
10 or denies an application for a variance or special permit, the board
11 shall respond, as applicable, to any relevant recommendation filed with
12 such board by a community board or borough board regarding such applica-
13 tion. Inadvertent failure to comply with the preceding sentence shall
14 not result in the invalidation of any board decision.
15 c. Copies of a decision of the board of standards and appeals and
16 copies of any recommendation of the affected community board or borough
17 board shall be filed with the city planning commission. Copies of the
18 decision shall also be filed with the affected community or borough
19 boards. In addition, copies of the decision shall be sent to each
20 member of the council, each member of the state assembly and each state
21 senator in whose district, and the president of the borough in which the
22 land involved is located.
23 § 2. Paragraph 1 of subdivision c, and subdivisions d and e of section
24 668 of the New York city charter, as amended by local law number 103 of
25 the city of New York for the year 2017, are amended to read as follows:
26 1. Each proposal or application shall be filed with the board of stan-
27 dards and appeals, which shall forward a copy within five days to the
28 community board for each community district in which the land involved,
29 or any part thereof, is located, and to the borough board if the
30 proposal or application involves land located in two or more districts
31 in a borough; and shall deliver, within five days, a copy thereof to
32 each member of the council, each member of the state assembly and each
33 state senator in whose district, and the president of the borough in
34 which the land involved is located.
35 d. The recommendation of a community board or borough board pursuant
36 to subdivision c of this section shall be filed with the board of stand-
37 ards and appeals and [a copy] copies sent to the city planning commis-
38 sion, and to each member of the council, each member of the state assem-
39 bly and each state senator in whose district, and the president of the
40 borough in which the land involved is located. The board of standards
41 and appeals shall conduct a public hearing and act on the proposed
42 application. All testimony delivered at a public hearing by the appli-
43 cant on the proposed application shall be sworn or affirmed under oath.
44 A decision of the board shall indicate whether each of the specific
45 requirements of the zoning resolution for the granting of variances has
46 been met and shall include findings of fact with regard to each such
47 requirement. When the board of standards and appeals grants or denies an
48 application for a variance or special permit, the board shall respond,
49 as applicable, to any relevant recommendation filed with such board by a
50 community board or borough board regarding such application. Inadvert-
51 ent failure to comply with the preceding sentence shall not result in
52 the invalidation of any board decision.
53 e. Copies of a decision of the board of standards and appeals and
54 copies of any recommendation of the affected community board or borough
55 board shall be filed with the city planning commission. Copies of the
56 decision shall also be filed with the affected community or borough
A. 6711--A 3
1 boards. In addition, copies of the decision shall be sent to each
2 member of the council, each member of the assembly and each state
3 senator in whose district, and the president of the borough in which the
4 land involved is located.
5 § 3. Subdivision b of section 669 of the New York city charter, such
6 section as designated by a vote of the people of the city of New York at
7 the general election held in November 1975, is amended to read as
8 follows:
9 b. Such appeal may be taken within such time as shall be prescribed by
10 the board by general rule, by filing with the officer from whom the
11 appeal is taken and with the board a notice of appeal, specifying the
12 grounds thereof. The board shall deliver each notice of appeal so filed
13 within five days to each member of the council, each member of the state
14 assembly and each state senator in whose district, and the president of
15 the borough in which the land involved is located. The officer from whom
16 the appeal is taken shall forthwith transmit to the board all the papers
17 constituting the record upon which the action appealed from was taken.
18 § 4. Subdivision a of section 201 of the New York city charter, as
19 amended by a vote of the people of the city of New York at the general
20 election held in November of 1989, is amended to read as follows:
21 a. Applications for changes in the zoning resolution may be filed by
22 any taxpayer, community board, borough board, borough president, by the
23 mayor or by the land use committee of the council if two-thirds of the
24 members of the committee shall have voted to approve such filing with
25 the city planning commission. The city planning commission shall deliv-
26 er each application so filed within five days to each member of the
27 council, each member of the state assembly and each state senator in
28 whose district, and the president of the borough in which the land
29 involved is located. All such applications involving changes in the
30 designation of zoning districts under the zoning resolution shall be
31 subject to review and approval pursuant to section one hundred ninety-
32 seven-c and one hundred ninety-seven-d of this chapter. For applica-
33 tions involving other changes in zoning resolutions and regulations, the
34 commission prior to taking action upon any such application shall refer
35 it to the affected community boards or borough boards for a public
36 hearing and recommendation.
37 § 5. This act shall take effect on the thirtieth day after it shall
38 have become a law, and shall apply to proposals and applications filed
39 with the board of standards and appeals and the city planning commission
40 of the city of New York on or after such date; provided, that if local
41 law number 103 of the city of New York for the year 2017 shall not have
42 taken effect on or before such effective date, then section two of this
43 act shall take effect on the same date and in the same manner as such
44 local law takes effect.
