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Gamma's UES Tower Can Reach Full Height Despite New Zoning Laws

The site of Gamma Real Estate's under-construction condominium tower in the Sutton Place neighborhood

Gamma Real Estate can now build its 64-story condo tower on the Upper East Side.

Last year, the city rezoned 10 blocks of the Upper East Side that would restrict the height of Gamma’s project at 428-432 East 58th St., called Sutton 58. The Board of Standards and Appeals ruled Tuesday that the rezoning in the area should not apply to the project, The Real Deal reports.

Gamma stopped building after the council vote, but the developer controlled by Jonathan Kalikow requested an exemption to the rezoning based on the fact that it had already been issued building permits before the council decision was made.

Buildings where excavation is already complete can sometimes avoid complying with a rezoning. The board ruled that the tower is able to go ahead.

In a statement, the East River Fifties Alliance said that group "will now take the community’s fight against this monstrous, out-of-place mega-tower to the courts and away from a city agency.”

The group claimed that Gamma had illegally poured most of its concrete in order to complete its foundation work.

“The Board of Standards and Appeals abrogated its responsibilities under the Zoning Resolution, including especially its obligation to independently assess the invalidity of ill-gotten, after-hours work variances and alleged street closure permits that allowed the tower’s developer to engage in a race to complete the foundation,” it wrote.

Kalikow did not immediately respond to a request for comment.

CORRECTION, JUNE 27, 11:20 A.M.A previous version of this story included an image of a different site. This story has been updated.