)
The developers of an Upper West Side tower were told by a judge last year they would need to deconstruct 20 stories from their building, but Tuesday morning, they won their appeal, meaning no demolition will need to take place.
New York State’s Appellate Division ruled in favor of the developers of the 52-story residential condominium building 200 Amsterdam, finding the building permit issued was lawful and shouldn't be withdrawn.
In February last year, the state Supreme Court ruled the permit the city awarded to SJP Properties and Mitsui Fudosan America should be revoked. The developers had been given permission to go ahead with the project back in 2018, after the Board of Standards and Appeals found they were not in breach of zoning rules.
Community groups claimed the developers had improperly built to its height of 668 feet by pulling together multiple lots. The city threw its support behind the developers' appeal.
“Today’s unanimous decision is an unequivocal affirmation that 200 Amsterdam’s permit was lawfully issued under the Zoning Resolution. We thank the City of New York for their support in the appeal and throughout the development process,” SJP Properties CEO Steven Pozycki said in a statement. “This ruling is a crucial victory for the Upper West Side and New York City’s economic recovery. We believe in the resiliency of New York City and are looking forward to relaunching sales and delivering 200 Amsterdam, which is nearing completion and on track to welcome residents this coming summer.”
If the lower court’s ruling had been upheld, there could have been major ramifications for development in the city — some suggested already-built properties would have to be adapted. Herrick, Feinstein LLP partner Scott Mollen, who represents the project, told Bisnow last year that at least 20 buildings have used a similar interpretation of the zoning laws.
The successful appeal was praised by the New York Building Congress and the Real Estate Board of New York as a win for real estate moving forward.
“At a time when we need jobs and economic activity more than ever, today’s decision ensures that our economic recovery will not be undermined and affirms that New York is open for business,” REBNY President James Whelan said in a statement.
Others suggested anti-development sentiment had reached the courts, though community groups and several politicians, such as Manhattan Borough President Gale Brewer and Rep. Jerry Nadler, welcomed the decision.
)
)
)
)
)
)
)
)
)
)
)
)