Bill Text: NY S06668 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Bipartisan Bill

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S06668 Detail]

Download: New_York-2011-S06668-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6668--A
           Cal. No. 401
                                   I N  S E N A T E
                                     March 8, 2012
                                      ___________
       Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
         when  printed  to  be committed to the Committee on Cities -- reported
         favorably from said committee, ordered to  first  and  second  report,
         ordered  to  a third reading, amended and ordered reprinted, retaining
         its place in the order of third reading
       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.
                                                                  LBD14744-02-2
       S. 6668--A                          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.