Board of Standards and Appeals

In order to increase community awareness of the community board's public hearings on applications to the Board of Standards and Appeals (BSA), Community Board 2 requests that applicants, or their representatives, notify property owners near the applicant's property. The community board requests that nearby property owners be informed what is sought by the variance or special permit application, the location of the subject property, and the date, time and place of the community board public hearing. The board requests that notification be made to the owners in a radius consistent with the notification requirement of the BSA or, in the case of the Special Order Calendar, a 150-foot radius. The notification may be by regular mail; however, an affidavit of service is requested.

Upon receipt of a copy of a BSA application, the district office mails a letter making the above request to the party notifying Community Board 2. The letter also states when the community board's Land Use Committee will be able to review the application. Enclosed with the letter are templates for the public notice and the affidavit of service. The templates are also below.

Hearing Notice Template
Community Board 2 requests that applicants, or their representatives, mail on the sender's letterhead a public hearing notice to nearby property owners. The community board requests that the notice contain the following information and language. Please use the plural where appropriate.

[DATE]

Dear Property Owner:

An application has been filed with the Board of Standards and Appeals ("BSA"), pursuant to Section [SECTION] of the Zoning Resolution of the City of New York, to request a [variance] [special permit] to allow [PLAIN LANGUAGE DESCRIPTION] at the property located at [ADDRESS] (a/k/a Block [TAX BLOCK], Lot [TAX LOT]) in Community District 2 in the Borough of Brooklyn. Records indicate that you are the owner of property within a [150] [200] [400]-foot radius of this property.

[I] [We] will be making a presentation and answering questions regarding this application at the meeting of the Land Use Committee of Community Board 2 that is scheduled as follows:

Date:
Time:
Place:

The Land Use Committee will review the application and may make a recommendation to Community Board 2, which may subsequently vote on a formal recommendation to the BSA. If you would like to testify about this application, you may pre-register for speaking time by calling the community board district office at (718) 596-5410. You may also register to speak just prior to the meeting. If you wish to comment in writing, your written testimony must be received by the district office no later than 5:00 p.m. on the day before the meeting. The above meeting will be your only opportunity to present written or oral testimony about this application to Community Board 2.

Community Board 2 has requested that [I] [we] inform you of its desire that you share this notification with any tenants in your building(s).

Sincerely,

[NAME]
[Applicant] [Applicant's Representative]

Template for Affidavit of Service
After the property owners near the applicant's property have been mailed the requested notification, Community Board 2 requests that an affidavit of service be executed and mailed to the district office. The affidavit should contain the following information and, as indicated, provide by attachment a list of the property owners, and their addresses, who were notified. Community Board 2 requests that the affidavit be provided prior to community board's public hearing.

STATE OF NEW YORK )
 )   ss.:
COUNTY OF [COUNTY)

[NAME], being duly sworn deposes and says:

1. I am [TITLE of] [an employee at] [COMPANY NAME], [COMPANY ADDRESS].
2. I served [NUMBER] true copies of a Community Board No. 2 committee meeting notice attached hereto by mailing same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the United States Postal Services within the State of New York, to the owners listed in the attached owners list.
3. This mailing was made in connection with the following application:

BSA Calendar No.: [CALENDAR NUMBER]
Premises: [ADDRESS], Brooklyn, New York

[NAME]


_______________________

Sworn to before me
this [DAY] day of
[MONTH], [YEAR]


_______________________
Notary Public