Bill Text: NY A09561 | 2011-2012 | General Assembly | Amended

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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) 2012-03-28 - print number 9561a [A09561 Detail]

Download: New_York-2011-A09561-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9561--A
                                 I N  A S S E M B L Y
                                    March 16, 2012
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on  Cities -- 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  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
   21  BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The  board  of  standards
   22  and  appeals  shall  conduct  a  public  hearing and act on the proposed
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14744-03-2
       A. 9561--A                          2
    1  application.  A decision of the board shall indicate whether each of the
    2  specific requirements of the zoning resolution for the granting of vari-
    3  ances has been met and shall include findings of  fact  with  regard  to
    4  each such requirement.
    5    c.  Copies  of  a  decision  of the board of standards and appeals and
    6  copies of any recommendation of the affected community board or  borough
    7  board  shall  be  filed with the city planning commission. Copies of the
    8  decision shall also be filed with  the  affected  community  or  borough
    9  boards.    IN  ADDITION,  COPIES  OF  THE DECISION SHALL BE SENT TO EACH
   10  MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND EACH  STATE
   11  SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE
   12  LAND INVOLVED IS LOCATED.
   13    S  2.  Subdivision b of section 669 of the New York city charter, such
   14  section as designated by a vote of the people of the city of New York at
   15  the general election held in  November  1975,  is  amended  to  read  as
   16  follows:
   17    b. Such appeal may be taken within such time as shall be prescribed by
   18  the  board  by  general  rule,  by filing with the officer from whom the
   19  appeal is taken and with the board a notice of  appeal,  specifying  the
   20  grounds thereof.  THE BOARD SHALL DELIVER EACH NOTICE OF APPEAL SO FILED
   21  WITHIN FIVE DAYS TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE
   22  ASSEMBLY  AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF
   23  THE BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The officer from whom
   24  the appeal is taken shall forthwith transmit to the board all the papers
   25  constituting the record upon which the action appealed from was taken.
   26    S 3. Subdivision a of section 201 of the New  York  city  charter,  as
   27  amended  by  a vote of the people of the city of New York at the general
   28  election held in November of 1989, is amended to read as follows:
   29    a.  Applications for changes in the zoning resolution  may be filed by
   30  any taxpayer, community board, borough board, borough president, by  the
   31  mayor  or  by the land use committee of the council if two-thirds of the
   32  members of the committee  shall have voted to approve such  filing  with
   33  the city planning commission.  THE CITY PLANNING COMMISSION SHALL DELIV-
   34  ER  EACH  APPLICATION  SO  FILED  WITHIN FIVE DAYS TO EACH MEMBER OF THE
   35  COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND  EACH  STATE  SENATOR  IN
   36  WHOSE  DISTRICT,  AND  THE  PRESIDENT  OF  THE BOROUGH IN WHICH THE LAND
   37  INVOLVED IS LOCATED. All such  applications  involving  changes  in  the
   38  designation  of  zoning  districts  under the zoning resolution shall be
   39  subject to review and approval pursuant to section one  hundred  ninety-
   40  seven-c  and  one  hundred ninety-seven-d OF THIS CHAPTER.  For applica-
   41  tions involving other changes in zoning resolutions and regulations, the
   42  commission prior to taking action upon any such application shall  refer
   43  it  to  the  affected  community boards or   borough boards for a public
   44  hearing and recommendation.
   45    S 4. This act shall take effect on the thirtieth day  after  it  shall
   46  have  become  a law, and shall apply to proposals and applications filed
   47  with the board of standards and appeals and the city planning commission
   48  of the city of New York on or after such date.