S T A T E   O F   N E W   Y O R K
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                                  4880

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

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 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.
                                                           LBD05567-01-3
              

A. 4880                             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.
  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.