Bill Text: NY S05568 | 2021-2022 | General Assembly | Introduced

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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 (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CITIES 1 [S05568 Detail]

Download: New_York-2021-S05568-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5568

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 11, 2021
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1

        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 c, and subdivisions d and  e  of
     2  section 668 of the New York city charter, as amended by local law number
     3  103  of  the  city of New York for the year 2017, are amended to read as
     4  follows:
     5    1. Each proposal or application shall be filed with the board of stan-
     6  dards and appeals, which shall forward a copy within five  days  to  the
     7  community  board for each community district in which the land involved,
     8  or any part thereof, is  located,  and  to  the  borough  board  if  the
     9  proposal  or  application involves land located in two or more districts
    10  in a borough; and shall deliver a copy thereof,  by  first  class  mail,
    11  within  five days to each owner of real property located within one mile
    12  of the land involved.
    13    d. The recommendation of a community board or borough  board  pursuant
    14  to subdivision c of this section shall be filed with the board of stand-
    15  ards  and  appeals and [a copy] copies sent to the city planning commis-
    16  sion to each owner of real property located within one mile of the  land
    17  involved.  The  board  of  standards  and appeals shall conduct a public
    18  hearing and act on the proposed application. All testimony delivered  at
    19  a  public  hearing by the applicant on the proposed application shall be
    20  sworn or affirmed under oath. A decision of  the  board  shall  indicate
    21  whether  each  of the specific requirements of the zoning resolution for
    22  the granting of variances has been met and  shall  include  findings  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06821-01-1
        S. 5568                             2

     1  fact  with  regard to each such requirement. When the board of standards
     2  and appeals grants or denies an application for a  variance  or  special
     3  permit,  the  board shall respond, as applicable, to any relevant recom-
     4  mendation  filed  with  such board by a community board or borough board
     5  regarding such application.   Inadvertent failure  to  comply  with  the
     6  preceding  sentence  shall  not  result in the invalidation of any board
     7  decision.
     8    e. 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
    13  class mail to each owner of real property located within one mile of the
    14  land involved.
    15    §  2.  This  act shall take effect on the thirtieth day after it shall
    16  have become a law, and shall apply to proposals and  applications  filed
    17  with the board of standards and appeals on or after such date.