NY State Senate Bill 2023-S4298

Senate Bill S4298

2023-2024 Legislative Session

Directs the board of standards and appeals in the city of New York to mail a copy of each application for a variance to property owners within 1 mile

download bill text pdf

Archive: Last 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Feb 07, 2023	referred to cities 1

2023-S4298 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §668, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6669
2013-2014: S3610
2015-2016: S2911
2017-2018: S3536
2019-2020: S3864
2021-2022: S5568

2023-S4298 (ACTIVE) - Summary

Directs the board of standards and appeals in the city of New York to mail a copy of each application for a variance to property owners within 1 mile of the affected property.

2023-S4298 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4298

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the New York city charter, in relation to requiring the
board of standards and appeals to forward a copy of each application to
vary the zoning resolution or for a special permit to each owner of real
property within one mile of the land to which such application applies

 
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 property owners within
one mile.

 
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 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.

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 is the effective date.

 
JUSTIFICATION:

Informing and serving the public are two of the major responsibilities
of local government. By directing the Board of Standards and Appeals in
New York City to mail a copy of each application for a variance to prop-
erty owners within one mile, the public well-being will be increased. By
being informed, the public will have a greater opportunity to voice
their opinions on and prepare for any changes that may take place to the
area in which they reside. In addition, this small action by the Board
of Standards and Appeals would increase government transparency and
public disclosure leading to the further betterment of the lives of area
residents.

 
LEGISLATIVE HISTORY:

2022: S.5568 - Referred to Cities 1

2021: S.5568 - Referred to Cities 1

2020: S.3864 - Referred to Cities / A.7163 - Referred to Cities

2019: S.3864 - Referred to Cities / A.7163 - Referred to Cities

2018: S.3536A - Referred to Cities/A.6798A - Referred to Cities

2017: S.3536 - Referred to Cities/A.6798 Referred to Cities

2016: S.2911 - 3rd Reading Calendar

2015: S.2911 - 3rd Reading Calendar

2014: S.3610 - Referred to Cities/A.5241 Referred to Cities

2012: S.6669 - 3rd Reading Calendar/A.9562- 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-S4298 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4298
 
                        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 to forward a copy of each application
   to vary the zoning resolution or for a special permit to each owner of
   real property within one mile of the land to  which  such  application
   applies
 
   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 A COPY THEREOF,  BY  FIRST  CLASS  MAIL,
 WITHIN  FIVE DAYS TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE
 OF THE LAND INVOLVED.
   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 TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE OF THE  LAND
 INVOLVED.  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 applicant 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08645-01-3

 S. 4298                             2
 
 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 recom-
 mendation  filed  with  such board by a community board or borough board
 regarding such application.   Inadvertent 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, A COPY OF THE DECISION  SHALL  BE  SENT  BY  FIRST
 CLASS MAIL TO EACH OWNER OF REAL PROPERTY LOCATED WITHIN ONE MILE OF THE
 LAND INVOLVED.
   §  2.  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.

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