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.
                                                                   LBD02358-03-8
        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.