Bill Text: NY A07176 | 2019-2020 | General Assembly | Introduced

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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) 2020-01-08 - referred to cities [A07176 Detail]

Download: New_York-2019-A07176-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7176
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 10, 2019
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Cities
        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 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, within five days,  a  copy  thereof  to
    11  each  member  of the council, each member of the state assembly and each
    12  state senator in whose district, and the president  of  the  borough  in
    13  which the land involved is located.
    14    d.  The  recommendation of a community board or borough board pursuant
    15  to subdivision c of this section shall be filed with the board of stand-
    16  ards and appeals and [a copy] copies sent to the city  planning  commis-
    17  sion, and to each member of the council, each member of the state assem-
    18  bly  and  each state senator in whose district, and the president of the
    19  borough in which the land involved is located. The  board  of  standards
    20  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.
                                                                   LBD10001-01-9
        A. 7176                             2
     1  application. All testimony delivered at a public hearing by  the  appli-
     2  cant  on the proposed application shall be sworn or affirmed under oath.
     3  A decision of the board shall indicate  whether  each  of  the  specific
     4  requirements  of the zoning resolution for the granting of variances has
     5  been met and shall include findings of fact with  regard  to  each  such
     6  requirement. When the board of standards and appeals grants or denies an
     7  application  for  a variance or special permit, the board shall respond,
     8  as applicable, to any relevant recommendation filed with such board by a
     9  community board or borough board regarding such application.   Inadvert-
    10  ent  failure  to  comply with the preceding sentence shall not result in
    11  the invalidation of any board decision.
    12    e. Copies of a decision of the board  of  standards  and  appeals  and
    13  copies  of any recommendation of the affected community board or borough
    14  board shall be filed with the city planning commission.  Copies  of  the
    15  decision  shall  also  be  filed  with the affected community or borough
    16  boards.   In addition, copies of the decision  shall  be  sent  to  each
    17  member  of  the  council,  each  member  of  the assembly and each state
    18  senator in whose district, and the president of the borough in which the
    19  land involved is located.
    20    § 2. Subdivision b of section 669 of the New York city  charter,  such
    21  section as designated by a vote of the people of the city of New York at
    22  the  general  election  held  in November of 1975, is amended to read as
    23  follows:
    24    b. Such appeal may be taken within such time as shall be prescribed by
    25  the board by general rule, by filing with  the  officer  from  whom  the
    26  appeal  is  taken  and with the board a notice of appeal, specifying the
    27  grounds thereof.  The board shall deliver each notice of appeal so filed
    28  within five days to each member of the council, each member of the state
    29  assembly and each state senator in whose district, and the president  of
    30  the borough in which the land involved is located. The officer from whom
    31  the appeal is taken shall forthwith transmit to the board all the papers
    32  constituting the record upon which the action appealed from was taken.
    33    §  3.  Subdivision  a  of section 201 of the New York city charter, as
    34  amended by a vote of the people of the city of New York at  the  general
    35  election held in November of 1989, is amended to read as follows:
    36    a.  Applications for changes in the zoning resolution  may be filed by
    37  any  taxpayer, community board, borough board, borough president, by the
    38  mayor or by the land use committee of the council if two-thirds  of  the
    39  members  of  the committee  shall have voted to approve such filing with
    40  the city planning commission.  The city planning commission shall deliv-
    41  er each application so filed within five days  to  each  member  of  the
    42  council,  each  member  of  the state assembly and each state senator in
    43  whose district, and the president of  the  borough  in  which  the  land
    44  involved  is  located.  All  such  applications involving changes in the
    45  designation of zoning districts under the  zoning  resolution  shall  be
    46  subject  to  review and approval pursuant to section one hundred ninety-
    47  seven-c and one hundred ninety-seven-d of this chapter.    For  applica-
    48  tions involving other changes in zoning resolutions and regulations, the
    49  commission  prior to taking action upon any such application shall refer
    50  it to the affected community boards or   borough  boards  for  a  public
    51  hearing and recommendation.
    52    §  4.  This  act shall take effect on the thirtieth day after it shall
    53  have become a law, and shall apply to proposals and  applications  filed
    54  with the board of standards and appeals and the city planning commission
    55  of the city of New York on or after such date.