Bill Text: NY A06798 | 2017-2018 | General Assembly | Amended
Bill Title: Directs the board of standards and appeals in the city of New York to mail a copy of each application for a variance to property owners within 1 mile of the affected property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-15 - print number 6798a [A06798 Detail]
Download: New_York-2017-A06798-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6798--A 2017-2018 Regular Sessions IN ASSEMBLY March 17, 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 to forward a copy of each application to vary the zoning resolution or for a special permit to each owner of real property within one mile of the land to which such application applies 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 a copy thereof, by first class mail, 14 within five days to each owner of real property located within one mile 15 of the land involved. 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 to each owner of real property located within one mile of the land 20 involved. The board of standards and appeals shall conduct a public 21 hearing and act on the proposed application. A decision of the board 22 shall indicate whether each of the specific requirements of the zoning 23 resolution for the granting of variances has been met and shall include EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02358-03-8A. 6798--A 2 1 findings of fact with regard to each such requirement. When the board of 2 standards and appeals grants or denies an application for a variance or 3 special permit, the board shall respond, as applicable, to any relevant 4 recommendation filed with such board by a community board or borough 5 board regarding such application. Inadvertent failure to comply with the 6 preceding sentence shall not result in the invalidation of any board 7 decision. 8 c. Copies of a decision of the board of standards and appeals and 9 copies of any recommendation of the affected community board or borough 10 board shall be filed with the city planning commission. Copies of the 11 decision shall also be filed with the affected community or borough 12 boards. In addition, a copy of the decision shall be sent by first class 13 mail to each owner of real property located within one mile of the land 14 involved. 15 § 2. Paragraph 1 of subdivision c, and subdivisions d and e of section 16 668 of the New York city charter, as amended by local law number 103 of 17 the city of New York for the year 2017, are amended to read as follows: 18 1. Each proposal or application shall be filed with the board of stan- 19 dards and appeals, which shall forward a copy within five days to the 20 community board for each community district in which the land involved, 21 or any part thereof, is located, and to the borough board if the 22 proposal or application involves land located in two or more districts 23 in a borough; and shall deliver a copy thereof, by first class mail, 24 within five days to each owner of real property located within one mile 25 of the land involved. 26 d. The recommendation of a community board or borough board pursuant 27 to subdivision c of this section shall be filed with the board of stand- 28 ards and appeals and [a copy] copies sent to the city planning commis- 29 sion to each owner of real property located within one mile of the land 30 involved. The board of standards and appeals shall conduct a public 31 hearing and act on the proposed application. All testimony delivered at 32 a public hearing by the applicant on the proposed application shall be 33 sworn or affirmed under oath. A decision of the board shall indicate 34 whether each of the specific requirements of the zoning resolution for 35 the granting of variances has been met and shall include findings of 36 fact with regard to each such requirement. When the board of standards 37 and appeals grants or denies an application for a variance or special 38 permit, the board shall respond, as applicable, to any relevant recom- 39 mendation filed with such board by a community board or borough board 40 regarding such application. Inadvertent failure to comply with the 41 preceding sentence shall not result in the invalidation of any board 42 decision. 43 e. Copies of a decision of the board of standards and appeals and 44 copies of any recommendation of the affected community board or borough 45 board shall be filed with the city planning commission. Copies of the 46 decision shall also be filed with the affected community or borough 47 boards. In addition, a copy of the decision shall be sent by first 48 class mail to each owner of real property located within one mile of the 49 land involved. 50 § 3. This act shall take effect on the thirtieth day after it shall 51 have become a law, and shall apply to proposals and applications filed 52 with the board of standards and appeals on or after such date; provided, 53 that if local law number 103 of the city of New York for the year 2017 54 shall not have taken effect on or before such effective date, then 55 section two of this act shall take effect on the same date and in the 56 same manner as such local law.