Bill S3609-2013

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

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CITIES
  • Jun 21, 2013: COMMITTED TO RULES
  • May 23, 2013: ADVANCED TO THIRD READING
  • May 22, 2013: 2ND REPORT CAL.
  • May 21, 2013: 1ST REPORT CAL.693
  • Feb 7, 2013: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - May 21, 2013
Ayes (6): Lanza, Ball, DeFrancisco, Grisanti, Avella, Breslin

Memo

BILL NUMBER:S3609

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 standards and appeals would allow legislators to better serve their constituents and would also allow for the positive addition of greater open dialogue between concerned parties.

LEGISLATIVE HISTORY: 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 applica tions filed with the board of standards and appeals on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 3609 2013-2014 Regular Sessions IN SENATE February 7, 2013 ___________
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
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. 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus