NY State Senate Bill 2017-S3539

Senate Bill S3539

2017-2018 Legislative Session

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 bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.975
Feb 09, 2018	print number 3539a
Feb 09, 2018	amend and recommit to cities
Jan 03, 2018	referred to cities
Jun 21, 2017	committed to rules
May 08, 2017	advanced to third reading
May 03, 2017	2nd report cal.
May 02, 2017	1st report cal.725
Jan 24, 2017	referred to cities

Votes

- May 1, 2018 - Committee Vote
  S3539
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 1, 2018
      
      aye (7)
      
      Akshar
      
      Avella
      
      Benjamin
      
      Felder
      
      Funke
      
      Jacobs
      
      Persaud
  May 2, 2017 - Committee Vote
  S3539
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 2, 2017
      
      aye (7)
      
      Akshar
      
      Avella
      
      Felder
      
      Funke
      
      Jacobs
      
      Persaud
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S3539 - Details

See Assembly Version of this Bill:: A6711
Current Committee:: Senate Rules
Law Section:: New York City Charter
Laws Affected:: Amd §§668, 669 & 201, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6668
2013-2014: S3609
2015-2016: S2910
2019-2020: S3865, A7176
2021-2022: S5569
2023-2024: S4278

2017-S3539 - 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.

2017-S3539 - Sponsor Memo

                                
 
BILL NUMBER: S3539              Revised 1/24/18

SPONSOR: LANZA
 
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 communities 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 stan-
dards and appeals would allow legislators to better serve their constit-
uents and would also allow for the positive addition of greater open
dialogue between concerned parties.

 
LEGISLATIVE HISTORY:

2017:S.3539- Died on Third Reading Calendar/ A.6711 - Referred to Cities
2016:S.2910- Third Reading Calendar
2015:S.2910- Third Reading Calendar
2014:S.3609- Committed to Rules / A.4880 -Referred to Cities
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 applications filed with
the board of standards and appeals on or after such date.

2017-S3539 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3539
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 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.

                                                            LBD02359-01-7

 S. 3539                             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.
   § 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.
   §  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.
   §  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.

2017-S3539A (ACTIVE) - Details

See Assembly Version of this Bill:: A6711
Current Committee:: Senate Rules
Law Section:: New York City Charter
Laws Affected:: Amd §§668, 669 & 201, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6668
2013-2014: S3609
2015-2016: S2910
2019-2020: S3865, A7176
2021-2022: S5569
2023-2024: S4278

2017-S3539A (ACTIVE) - Summary

2017-S3539A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3539A

SPONSOR: LANZA
 
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 subdivisions b and
c of section 668 of the New York city charter, paragraph 1 of subdivi-

sion a and subdivision b 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 gener-
al election held in November 1989.

Section two amends 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.

Section three amends subdivision d of section 669 of the New York city
charter.

Section four amends subdivision a of section 201 of the New York city
charter.

Section five 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 communities they
represent. By directing the Board of Standards and Appeals in New York
City to mail a copy of each application fora 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 stan-
dards and appeals would allow legislators to better serve their constit-
uents and would also allow for the positive addition of greater open
dialogue between concerned parties.

 
LEGISLATIVE HISTORY:

2017: S.3539 - Died on Third Reading Calendar / A.6711 - Referred to
Cities
2016: S.2910 - Third Reading Calendar
2015: S.2910 - Third Reading Calendar
2014: S.3609 - Committed to Rules / A.4880 - Referred to Cities
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 applications filed with
the board of standards and appeals on or after such date.

2017-S3539A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3539--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities --  recommitted  to
   the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
   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
 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, 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02359-02-8

 S. 3539--A                          2
 
   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
 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.   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 applica-
 tion. 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,  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.
   § 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, 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.
   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, 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
 application. All testimony delivered at a public hearing by  the  appli-
 cant  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 recommendation filed with such board by a
 community board or borough board regarding such application.   Inadvert-
 ent  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

 S. 3539--A                          3
 
 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 ASSEMBLY AND EACH STATE
 SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE
 LAND INVOLVED IS LOCATED.
   § 3. 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.
   §  4.  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.
   §  5.  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; 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 takes effect.

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