“200 Amsterdam is an affront to the Zoning Resolution and I am extremely disappointed that the BSA voted to uphold their support for the project. The reluctance to follow the letter of the zoning is astounding, especially when the DOB has acknowledged that the zoning lot is problematic.” – Manhattan Borough President Gale Brewer   MORE

3.15.2019: State Supreme Court vacates and annuls Board of Standards and Appeals prior ruling as unreasonable and inconsistent with the plain reading of the Zoning Resolution and sends the building permit for 200 Amsterdam Avenue back to the BSA for review.

READ the full press release by the Municipal Art Society and the Committee for Environmentally Sound Development, the plaintiffs who challenged the project. Read the court’s 200-Amsterdam-Decision_14March2019.

MORE: “Court Deals Blow to Controversial Upper West Side tower“

Since initially granting this building a permit, the Department of Buildings (DOB) has revised their protocol, issuing a statement that this lot and building height should have not been allowed. (See graphic at left showing the red-outline of the gerrymandered lot, cobbled together from portions of tax lots, that supposedly supports the small blue building lot). The DOB has also prepared a bulletin to clarify zoning intent so that this never happens again.

All of this notwithstanding, the DOB does not want to revoke the building permit, leaving the community on the hook for this monstrously tall building. The BSA has the authority to overturn this decision and instruct the DOB to revoke the permit.  Take a look at some key words from BSA Commissioner Dara Ottley-Brown queued up here by clicking the play button:

Per Commissioner Dara Ottley-Brown in questioning DOB counsel Michael Zoltan:

…but isn’t that the equivalent of situations where Department of Buildings has a practice- ongoing- does not hold that practice, and then the BSA says that this is the wrong interpretation and DOB must stop.  It is a similar situation, in that DOB, up until the BSA ruling, is still practicing according to its current interpretation. So why is this different?

…precisely our question as well.

A follow-up hearing of the BSA was scheduled for Tuesday, June 5, 2018. At that hearing, further testimony was given, and the hearing was closed.  Lawyers for the Appellant, the Developer, the Department of Buildings and a representative for 170 West End Avenue now have until June 24th to submit up to 6 additional pages of documentation.  The next (and presumed decision) hearing of the BSA on this item was scheduled for Tuesday, July 17, 2018.  As planned, the vote took place.  In a vote of 3 to 1, the BSA sided with the developer and denied the community’s appeal.

Previously, Council Member Helen Rosenthal organized 27 of the 51 City Council Members to close a loophole by asking the BSA to refuse to allow gerrymandered lots.  Read the full letter to see if your CM signed on!

Read through our blog updates below for more history on this critical zoning matter.