S T A T E   O F   N E W   Y O R K
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                                 9561--A

                          I N  A S S E M B L Y

                             March 16, 2012
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Cities -- 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 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
BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The  board  of  standards
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.
              

                                                           LBD14744-03-2

A. 9561--A                          2

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.