BSA and Community Board Hearings Rules

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What is the Board of Standards and Appeals?

BSA Rules for Applications for Variances.

New York City Charter Requirements for Community Board Hearings - Variances Section 668

I.      Background Facts:

A.      CSI filed its Second Revised Application at the BSA at around 2:00 PM Thursday, October 25.

B.      The Second Revised Application included:
A 21 page supplement to the Feasibility Study including new valuations of community space and other new numbers including reduction in land cost valuation. The result is a completely different numbers from all those presented previously. In addition, it is unclear which portions of the prior two Feasibility reports are still operative.
Four sets of new drawings - with over 70 pages of drawings. Omitted was a revised Existing Drawings which would show all of the windows in 18 West. Thus, the package submitted was not an integrated package.
A 34 page Second Revised Statement with a 41 page redlined version, showing changes on every page.

C.      CSI provided by e-mail to CB7 a Word version of the Statement in Support around 3:00 on Friday, October 26, but did not provide the entire Revised Application including the Drawings and Feasibility Study.

E.      Verbally, LW was advised by BSA on Friday, October 26 that the BSA was scheduling a hearing on Tuesday, November 27. Apparently, CSI also stated to someone that the remaining documents were to be delivered on Monday to CB7.

F.      There are 31 days between Friday October 26, 2007 and Tuesday, November 27, 2007, but only 29 days between Monday October 29, and Tuesday, November 27, 2007.

G.      On Monday, October 27, 2007, BSA mailed the notice of the November 27, 2007 hearing. Thus, the notice was not timely.

H.      THE BSA NOTICE OF OBJECTION DATED OCTOBER 12, 2007 BY IMPLICATION STATES THAT THE SUBMISSIONS TO THAT DATE WERE INCOMPLETE:

I.      THE BSA NOTICE OF OBJECTION DATED OCTOBER 12, 2007 REQUIRED THE APPLICANT TO PROVIDE NOTIFICATION OF THE RESPONSE IN THE MANNER AS REQUIRED BY THE NOTIFICATION PROVISION (d)

II. New York City Charter - Section 688

SECTION 668. VARIANCES AND SPECIAL PERMITS
a. Community boards and borough boards shall review applications to vary the zoning resolution and applications for special permits within the jurisdiction of the board of standards and appeals under the zoning resolution pursuant to the following procedure:
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.
2. Each such community board shall, not later than sixty days after the receipt of the proposal or application, either notify the public of the proposal or application, in the manner specified by the city planning commission pursuant to subdivision i of section one hundred ninety-seven-c, conduct a public hearing thereon and prepare and submit a written recommendation thereon directly to the board of standards and appeals, or waive the conduct of such public hearing and the preparation of such written recommendation.
3. A copy of a recommendation or waiver by a community board pursuant to paragraph two of this subdivision that involves land located within two or more community districts in a borough shall also be filed with the borough board within the same time period specified in that paragraph. Not later than thirty days after the filing of such a recommendation or waiver with the borough board by every community board in which the land involved is located or after the expiration of the time allowed for such community boards to act, the borough board may hold a public hearing on the proposal or application and any such recommendation and may submit a written recommendation or a waiver thereof to the board of standards and appeals.
4. The receipt of such a recommendation or waiver from every community or borough board involved, or the expiration of the time allowed for such boards to act, shall constitute an authorization to the board of standards and appeals to review the application and to make a decision.

III. RULES OF PRACTICE AND PROCEDURE OF THE BSA

A.      The Rules of Practice and Procedures of the BSA may be found here: http://www.nyc.gov/html/bsa/downloads/pdf/2006/rules_and_banner/rules.pdf

B.      The specific rules applying to the CSI "BZ" proceeding are on page 14-15: 1-06 The Zoning (BZ) Calendar.

C.      THE BSA IS REQUIRED TO PROVIDE 30 DAYS NOTICE OF THE PUBLIC HEARING
(g) Notice of hearing
After the examiner(s) have determined the application to be substantially complete, the applicant shall be notified by the Executive Director, on the appropriate form, of the date set for the public hearing, which shall be at least thirty (30) days after the mailing of said notice.

D.      THE BSA MAY NOT SCHEDULE A MEETING UNTIL THE EXAMINER HAS DETERMINED THE APPLICATION IS SUBSTANTIALLY COMPLETE
(g) Notice of hearing
After the examiner(s) have determined the application to be substantially complete, the applicant shall be notified by the Executive Director, on the appropriate form, of the date set for the public hearing, which shall be at least thirty (30) days after the mailing of said notice.

E.      THE APPLICANT IS REQUIRED TO PROVIDE 20 DAYS NOTICE TO SURROUNDING PROPERTY OWNERS
(g) Notice of hearing
With this notice, the applicant shall be supplied with an official copy of the appropriate forms, which he or she is required to send not less than twenty (20) days prior to the date of such hearing to:
a. The affected Community Board(s) (or Borough Board);
b. The affected City Council member;
c. The affected Borough President;
d. The City Planning Commission; and
e. Affected property owners;

F.      THE APPLICANT IS REQUIRED TO PUBLISH THE NOTICE IN NEWSPAPERS
(h) Newspaper notice
The publication of the hearing notice shall take place in such newspaper on one day of each week for two (2) of the three (3) weeks prior to the public
hearing.

G.      "NOTIFICATION" BY THE APPLICANT TO THE COMMUNITY UNDER (d) REQUIRES THAT "ALL CASE MATERIALS" BE PROVIDED
(d) Notification
The applicant, within three (3) business days after the application has been filed with the Board, shall forward a copy of all case material to:
a. The affected Community Board(s) (or Borough Board);

H.      COMMUNITY BOARD REVIEWS - WITHIN 60 DAYS AFTER RECEIPT OF "NOTIFICATION", THE COMMUNITY BOARD MAY HOLD A PUBLIC HEARING;
(f) Community Board review
Within sixty (60) days after receipt of notification, the Community Board may hold a public hearing and submit a written recommendation concerning such application to the Board ...

I.      THE BSA BOARD (BOARD MEANS THE BSA) IS NOT PERMITTED TO HOLD A HEARING UNTIL 60 DAYS AFTER THE NOTIFICATION OF THE COMMUNITY BOARD
(f) Community Board review
* * *
Upon receipt of a waiver or recommendation from the affected Community Board(s) or Borough Board, or upon the expiration of the time period for their review, the Board may review the application, hold a public hearing, and make a decision.

J.      THE BSA BOARD MAY RECEIVE COMMUNITY BOARD RECOMMENDATIONS AFTER THE END OF THE 60 DAY PERIOD
(f) Community Board review
The Board may, in its discretion,choose to receive and review Community Board and Borough Board recommendations as evidence in the record even if received after the applicable time period has expired.

K.      THE BSA NOTICE OF OBJECTION DATED OCTOBER 12, 2007 BY IMPLICATION STATES THAT THE SUBMISSIONS TO THAT DATE WERE INCOMPLETE:

L.      THE BSA NOTICE OF OBJECTION DATED OCTOBER 12, 2007 REQUIRED THE APPLICANT TO PROVIDE NOTIFICATION OF THE RESPONSE IN THE MANNER AS REQUIRED BY THE NOTIFICATION PROVISION (d)