Bill Text: NY A04880 | 2013-2014 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to cities [A04880 Detail]

Download: New_York-2013-A04880-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4880
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2013
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on Cities
       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  and subdivision b as amended by local law number 102 of the city of  New
    4  York  for  the  year 1977, and subdivision c as amended by a vote of the
    5  people of the city of New York at the general election held in  November
    6  1989, are amended to read as follows:
    7    1. Each proposal or application shall be filed with the board of stan-
    8  dards  and  appeals,  which shall forward a copy within five days to the
    9  community board for each community district in which the land  involved,
   10  or  any  part  thereof,  is  located,  and  to  the borough board if the
   11  proposal or application involves land located in two or  more  districts
   12  in  a  borough;  AND  SHALL DELIVER, WITHIN FIVE DAYS, A COPY THEREOF TO
   13  EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY  AND  EACH
   14  STATE  SENATOR  IN  WHOSE  DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN
   15  WHICH THE LAND INVOLVED IS LOCATED.
   16    b. The recommendation of a community board or borough  board  pursuant
   17  to subdivision a of this section shall be filed with the board of stand-
   18  ards  and  appeals and [a copy] COPIES sent to the city planning commis-
   19  sion, AND TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEM-
   20  BLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT  OF  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05567-01-3
       A. 4880                             2
    1  BOROUGH  IN  WHICH  THE LAND INVOLVED IS LOCATED. The board of standards
    2  and appeals shall conduct a public  hearing  and  act  on  the  proposed
    3  application.  A decision of the board shall indicate whether each of the
    4  specific requirements of the zoning resolution for the granting of vari-
    5  ances  has  been  met  and shall include findings of fact with regard to
    6  each such requirement.
    7    c. Copies of a decision of the board  of  standards  and  appeals  and
    8  copies  of any recommendation of the affected community board or borough
    9  board shall be filed with the city planning commission.  Copies  of  the
   10  decision  shall  also  be  filed  with the affected community or borough
   11  boards.   IN ADDITION, COPIES OF THE DECISION  SHALL  BE  SENT  TO  EACH
   12  MEMBER  OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND EACH STATE
   13  SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE
   14  LAND INVOLVED IS LOCATED.
   15    S 2. Subdivision b of section 669 of the New York city  charter,  such
   16  section as designated by a vote of the people of the city of New York at
   17  the  general  election  held  in  November  1975,  is amended to read as
   18  follows:
   19    b. Such appeal may be taken within such time as shall be prescribed by
   20  the board by general rule, by filing with  the  officer  from  whom  the
   21  appeal  is  taken  and with the board a notice of appeal, specifying the
   22  grounds thereof.  THE BOARD SHALL DELIVER EACH NOTICE OF APPEAL SO FILED
   23  WITHIN FIVE DAYS TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE
   24  ASSEMBLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT  OF
   25  THE BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The officer from whom
   26  the appeal is taken shall forthwith transmit to the board all the papers
   27  constituting the record upon which the action appealed from was taken.
   28    S  3.  Subdivision  a  of section 201 of the New York city charter, as
   29  amended by a vote of the people of the city of New York at  the  general
   30  election held in November of 1989, is amended to read as follows:
   31    a.  Applications for changes in the zoning resolution  may be filed by
   32  any  taxpayer, community board, borough board, borough president, by the
   33  mayor or by the land use committee of the council if two-thirds  of  the
   34  members  of  the committee  shall have voted to approve such filing with
   35  the city planning commission.  THE CITY PLANNING COMMISSION SHALL DELIV-
   36  ER EACH APPLICATION SO FILED WITHIN FIVE DAYS  TO  EACH  MEMBER  OF  THE
   37  COUNCIL,  EACH  MEMBER  OF  THE STATE ASSEMBLY AND EACH STATE SENATOR IN
   38  WHOSE DISTRICT, AND THE PRESIDENT OF  THE  BOROUGH  IN  WHICH  THE  LAND
   39  INVOLVED  IS  LOCATED.  All  such  applications involving changes in the
   40  designation of zoning districts under the  zoning  resolution  shall  be
   41  subject  to  review and approval pursuant to section one hundred ninety-
   42  seven-c and one hundred ninety-seven-d OF THIS CHAPTER.    For  applica-
   43  tions involving other changes in zoning resolutions and regulations, the
   44  commission  prior to taking action upon any such application shall refer
   45  it to the affected community boards or   borough  boards  for  a  public
   46  hearing and recommendation.
   47    S  4.  This  act shall take effect on the thirtieth day after it shall
   48  have become a law, and shall apply to proposals and  applications  filed
   49  with the board of standards and appeals and the city planning commission
   50  of the city of New York on or after such date.