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.
LBD02358-03-8
A. 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.