senate Bill S3609

Directs board of standards and appeals in city of New York to mail a copy of each application for a variance to the city and state legislators for the affected land

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 07 / Feb / 2013
    • REFERRED TO CITIES
  • 21 / May / 2013
    • 1ST REPORT CAL.693
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 06 / May / 2014
    • 1ST REPORT CAL.543
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4880
Versions:
S3609
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
New York City Charter
Laws Affected:
Amd ยงยง668, 669 & 201, NYC Chart
Versions Introduced in 2011-2012 Legislative Cycle:
S6668A, A9561A

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details

Sponsor Memo

BILL NUMBER:S3609

TITLE OF BILL: 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

PURPOSE: Directs the board of standards and appeals in the city of New
York to mail a copy of each application for a variance to the city and
state legislators for the affected land.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph 1 of subdivision a, and subdivision b and c
of section 668 of the New York city charter, paragraph 1 of subdivision
a and subdivision b as amended by local law number 102 of the city of
New York for the year 1977, and subdivision c as amended by a vote of
the people of the city of New York at the general election held in
November 1989.

Section two amends subdivision b of section 669 of the New York city
charter as designated by a vote of the people of the city of New York at
the general election held in November 1975.

Section three amends subdivision a of section 201 of the New York city
charter as amended by a vote of the people of the city of New York at
the general election held in November of 1989.

Section four is the effective date.

JUSTIFICATION: It is the duty of the city and state legislators to be
aware of the situations that impact their constituents and the communi-
ties they represent. By directing the Board of Standards and Appeals in
New York City to mail a copy of each application for a variance to the
city and state legislators of the affected area, said legislators will
be able to better serve their constituents. This small action by the
board of standards and appeals would allow legislators to better serve
their constituents and would also allow for the positive addition of
greater open dialogue between concerned parties.

LEGISLATIVE HISTORY: 2012: S.6668 - Committed to Rules/A.9561-A -
Referred to Cities

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law, and shall apply to proposals and applica-

tions filed with the board of standards and appeals on or after such
date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3609

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  Paragraph 1 of subdivision a, and subdivisions b and c of
section 668 of the New York city charter, paragraph 1 of  subdivision  a
and  subdivision b as amended by local law number 102 of the city of New
York for the year 1977, and subdivision c as amended by a  vote  of  the
people  of the city of New York at the general election held in November
1989, are amended to read as follows:
  1. Each proposal or application shall be filed with the board of stan-
dards and appeals, which shall forward a copy within five  days  to  the
community  board for each community district in which the land involved,
or any part thereof, is  located,  and  to  the  borough  board  if  the
proposal  or  application involves land located in two or more districts
in a borough; AND SHALL DELIVER, WITHIN FIVE DAYS,  A  COPY  THEREOF  TO
EACH  MEMBER  OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND EACH
STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT  OF  THE  BOROUGH  IN
WHICH THE LAND INVOLVED IS LOCATED.
  b.  The  recommendation of a community board or borough board pursuant
to subdivision a of this section shall be filed with the board of stand-
ards and appeals and [a copy] COPIES sent to the city  planning  commis-
sion, AND TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEM-
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.
                                                           LBD05567-01-3

S. 3609                             2

BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The  board  of  standards
and  appeals  shall  conduct  a  public  hearing and act on the proposed
application.  A decision of the board shall indicate whether each of the
specific requirements of the zoning resolution for the granting of vari-
ances  has  been  met  and shall include findings of fact with regard to
each such requirement.
  c. Copies of a decision of the board  of  standards  and  appeals  and
copies  of any recommendation of the affected community board or borough
board shall be filed with the city planning commission.  Copies  of  the
decision  shall  also  be  filed  with the affected community or borough
boards.   IN ADDITION, COPIES OF THE DECISION  SHALL  BE  SENT  TO  EACH
MEMBER  OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND EACH STATE
SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE
LAND INVOLVED IS LOCATED.
  S 2. Subdivision b of section 669 of the New York city  charter,  such
section as designated by a vote of the people of the city of New York at
the  general  election  held  in  November  1975,  is amended to read as
follows:
  b. Such appeal may be taken within such time as shall be prescribed by
the board by general rule, by filing with  the  officer  from  whom  the
appeal  is  taken  and with the board a notice of appeal, specifying the
grounds thereof.  THE BOARD SHALL DELIVER EACH NOTICE OF APPEAL SO FILED
WITHIN FIVE DAYS TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE
ASSEMBLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT  OF
THE BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The officer from whom
the appeal is taken shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed from was taken.
  S  3.  Subdivision  a  of section 201 of the New York city charter, as
amended by a vote of the people of the city of New York at  the  general
election held in November of 1989, is amended to read as follows:
  a.  Applications for changes in the zoning resolution  may be filed by
any  taxpayer, community board, borough board, borough president, by the
mayor or by the land use committee of the council if two-thirds  of  the
members  of  the committee  shall have voted to approve such filing with
the city planning commission.  THE CITY PLANNING COMMISSION SHALL DELIV-
ER EACH APPLICATION SO FILED WITHIN FIVE DAYS  TO  EACH  MEMBER  OF  THE
COUNCIL,  EACH  MEMBER  OF  THE STATE ASSEMBLY AND EACH STATE SENATOR IN
WHOSE DISTRICT, AND THE PRESIDENT OF  THE  BOROUGH  IN  WHICH  THE  LAND
INVOLVED  IS  LOCATED.  All  such  applications involving changes in the
designation of zoning districts under the  zoning  resolution  shall  be
subject  to  review and approval pursuant to section one hundred ninety-
seven-c and one hundred ninety-seven-d OF THIS CHAPTER.    For  applica-
tions involving other changes in zoning resolutions and regulations, the
commission  prior to taking action upon any such application shall refer
it to the affected community boards or   borough  boards  for  a  public
hearing and recommendation.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to proposals and  applications  filed
with the board of standards and appeals and the city planning commission
of the city of New York on or after such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.