NY State Assembly Bill 2017-A6798A

Assembly Bill A6798A

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2018	print number 6798a
Feb 15, 2018	amend and recommit to cities
Jan 03, 2018	referred to cities
Mar 17, 2017	referred to cities

Bill Amendments

Original

A (Active)

2017-A6798 - Details

See Senate Version of this Bill:: S3536
Current Committee:: Assembly Cities
Law Section:: New York City Charter
Laws Affected:: Amd §668, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6669
2013-2014: S3610
2015-2016: S2911
2019-2020: A7163, S3864
2021-2022: S5568
2023-2024: S4298
2025-2026: S5873

2017-A6798 - Summary

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.

2017-A6798 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6798
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2017
                                ___________
 
 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 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:
 
   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 A COPY THEREOF,  BY  FIRST  CLASS  MAIL,
 WITHIN  FIVE DAYS TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE
 OF THE LAND INVOLVED.
   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 TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE OF THE  LAND
 INVOLVED.    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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02358-01-7

 A. 6798                             2
 
 resolution for the granting of variances 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,  A  COPY OF THE DECISION SHALL BE SENT BY FIRST
 CLASS MAIL TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE OF THE
 LAND INVOLVED.
   § 2. 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 on or after such date.

2017-A6798A (ACTIVE) - Details

See Senate Version of this Bill:: S3536
Current Committee:: Assembly Cities
Law Section:: New York City Charter
Laws Affected:: Amd §668, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6669
2013-2014: S3610
2015-2016: S2911
2019-2020: A7163, S3864
2021-2022: S5568
2023-2024: S4298
2025-2026: S5873

2017-A6798A (ACTIVE) - Summary

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.

2017-A6798A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6798--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   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
 as  amended by local law number 102 of the city of New York for the year
 1977, subdivision b as amended by local law number 83 of the city of New
 York for the year 2017 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 A COPY THEREOF,  BY  FIRST  CLASS  MAIL,
 WITHIN  FIVE DAYS TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE
 OF THE LAND INVOLVED.
   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 TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE OF THE  LAND
 INVOLVED.    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 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
 
 findings of fact with regard to each such requirement. When the board of
 standards  and appeals grants or denies an application for a variance or
 special permit, the board shall respond, as applicable, to any  relevant
 recommendation  filed  with  such  board by a community board or borough
 board regarding such application. Inadvertent failure to comply with the
 preceding sentence shall not result in the  invalidation  of  any  board
 decision.
   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, A COPY OF THE DECISION SHALL BE SENT BY FIRST CLASS
 MAIL  TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE OF THE LAND
 INVOLVED.
   § 2. Paragraph 1 of subdivision c, and subdivisions d and e of section
 668 of the New York city charter, as amended by local law number 103  of
 the city of New York for the year 2017, 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 A COPY THEREOF, BY FIRST CLASS MAIL,
 WITHIN FIVE DAYS TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE  MILE
 OF THE LAND INVOLVED.
   d.  The  recommendation of a community board or borough board pursuant
 to subdivision c 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  TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE OF THE LAND
 INVOLVED. The board of standards and  appeals  shall  conduct  a  public
 hearing  and act on the proposed application. All testimony delivered at
 a public hearing by the applicant on the proposed application  shall  be
 sworn  or  affirmed  under  oath. A decision of the board shall indicate
 whether each of the specific requirements of the zoning  resolution  for
 the  granting  of  variances  has been met and shall include findings of
 fact with regard to each such requirement. When the board  of  standards
 and  appeals  grants  or denies an application for a variance or special
 permit, the board shall respond, as applicable, to any  relevant  recom-
 mendation  filed  with  such board by a community board or borough board
 regarding such application.   Inadvertent failure  to  comply  with  the
 preceding  sentence  shall  not  result in the invalidation of any board
 decision.
   e. 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, A COPY OF THE DECISION  SHALL  BE  SENT  BY  FIRST
 CLASS MAIL TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE OF THE
 LAND INVOLVED.
   §  3.  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 on or after such date; provided,
 that  if  local law number 103 of the city of New York for the year 2017
 shall not have taken effect on  or  before  such  effective  date,  then
 section  two  of  this act shall take effect on the same date and in the
 same manner as such local law.

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