•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S04278 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4278
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 2023
                                       ___________
 
        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 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.
                                                                   LBD08646-01-3

        S. 4278                             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.
Go to top