S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7176
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2019
                                ___________
 
 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 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10001-01-9

 A. 7176                             2
 
 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
 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.
   § 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 of 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.