What's happening
This bill requires that applications, recommendations, decisions, and appeals related to zoning variances and special permits in New York City be sent to all relevant city council members, state legislators, and borough presidents.
Why it matters
Enhances government transparency and accountability. by ensuring that all local and state elected officials representing an affected district are promptly informed of zoning variance and special permit applications, decisions, and appeals. This can help prevent key stakeholders from being left out of critical land use discussions.
Strengthens opportunities for community advocacy. because council members, state legislators, and borough presidents—who often act as conduits for local concerns—will be better equipped to track, respond to, and potentially intervene on land use matters that impact their constituents.
Could lead to increased oversight and scrutiny of zoning changes. , as more elected officials will have timely access to relevant information. This broader dissemination may result in more robust debate, additional feedback, and possibly more resistance to controversial projects.
May slow down or complicate the zoning approval process. by introducing more points of contact and potential objections, but also creates more avenues for the public and officials to raise issues, suggest modifications, or demand greater justification for land use changes.
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Who cares
Headline styles
Notify Lawmakers of Variance Applications
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.975
- Print number 3539a
- Amend and recommit to cities
- Referred to cities
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.725
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Send Variances to Lawmakers
In Assembly Committee · Cities · Sponsor Michael Cusick
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3539--A
2017-2018 Regular Sessions
IN SENATE
January 24, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- recommitted to the Committee on Cities in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, 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 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, are amended to read as follows:
1. Each proposal or application shall be filed with the board of standards 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02359-02-8
S. 3539--A 2
b. The recommendation of a community board or borough board pursuant to subdivision a of this section shall be filed with the board of standards and appeals and [a copy] copies sent to the city planning commission, and 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 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 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. Inadvertent failure to comply with the preceding sentence shall not result in the invalidation of any board decision.
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.
§ 2. 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 standards 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 standards and appeals and [a copy] copies sent to the city planning commission, and 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 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 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. 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
S. 3539--A 3
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.
§ 3. 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.
§ 4. 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 deliver 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 ninetyseven-c and one hundred ninety-seven-d of this chapter. For applications 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.
§ 5. 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; provided, that if local law number 103 of the city of New York for the year 2017 shall not have taken effect on or before such effective date, then section two of this act shall take effect on the same date and in the same manner as such local law takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2017: S.3539 - Died on 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.