NY State Senate Bill 2023-S4278

Senate Bill S4278

2023-2024 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

Current Bill Status - In Senate Committee Cities 1 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
Jan 03, 2024	referred to cities 1
Feb 07, 2023	referred to cities 1

2023-S4278 (ACTIVE) - Details

Current Committee:: Senate Cities 1
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
2017-2018: S3539
2019-2020: S3865
2021-2022: S5569

2023-S4278 (ACTIVE) - 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.

2023-S4278 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4278

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:

2022: S.5569 - Referred to Cities 1

2021: S.5569 - Referred to Cities 1

2020: S.3865 - Referred to Cities / A.7176 - Referred to Cities
2019: S.3865 - Referred to Cities / A.7176 - Referred to Cities

2018: S.3539 - Third Reading Calendar/A.6711A- Referred to Cities

2017: S.3539 - 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.

2023-S4278 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4278
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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.
                                                            LBD08646-01-3

 S. 4278                             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.

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