NEW YORK | 50 West 66 Street | 775 FT | 70 FLOORS

[chris08876]

Credit: Michael Young via NYY

[NYguy]

https://www.westsiderag.com/2020/09/...ant-jacking-up

Apartment Tower on 66th Street Loses Lawsuit Over ‘Blatant Jacking-Up’


September 27, 2020
by West Sider

A state judge ruled against Extell Development in a lawsuit that challenged the developer’s use of “mechanical voids” that helped lift the proposed building to 775 feet. The building at 50 West 66th Street would be the tallest on the Upper West Side, but it’s raised controversy because critics say it uses a loophole to lift the building above heights allowed in zoning rules. Construction on the site has been stalled for months amid the pandemic and legal challenges.

While developers need space for mechanical equipment like elevator equipment and plumbing, Judge Arthur Engoron wrote that there are clearly other benefits too. The building at 50 West 66th Street includes nearly 200 feet of height for mechanical space, accounting for more than 25% of the building.

“These ‘mechanical floors,’ also boost the height of buildings, and this Court will take judicial notice of the fact that the higher an apartment, the higher the purchase price or rent it can command,” he wrote. “Developers have, thus, increased the number and height of mechanical floors, called by some cynics “mechanical voids,” to raise the height of buildings. The Developer has taken this tactic to a whole new level.”

https://gothamist.com/news/judge-voi...ury-mega-tower

Judge Voids City Permit For Controversial Upper West Side Luxury Mega Tower


BY ELIZABETH KIM
SEPT. 26, 2020

In his decision, Judge Engoron said that the void design was an egregiously overreach by the developer.

"No sane system of city planning, and no sane system of judicial adjudication," he wrote, "would allow developers to end-run around height-limits by including in buildings gargantuan mechanical spaces that may not even contain mechanical equipment and have no purpose other than to augment height beyond otherwise legal limits."

John Low-Beer, the attorney who argued the case for the City Club, said the decision was an indictment on the city's zoning authorities.

“In recent years, the city agencies charged with enforcing the zoning resolution have been too ready to endorse the stratagems of property developers who stretch its text past its breaking point," he said. "In this case, those violations of law would have led to the tallest building on the Upper West Side, a building totally out of scale, more than twice as high as intended by the zoning resolution. I am pleased, therefore, that the court has enforced the zoning resolution as it was written and intended.”

A spokesperson for Extell said the developer planned to appeal the decision.

“The court’s decision overturns a unanimous, well-reasoned decision of the New York City Board of Standards and Appeals (BSA), the expert body which correctly concluded that Extell’s building plan complies with all applicable zoning regulations,“ Extell said in a statement.

[Crawford]

Gee, I'm totally shocked that wealthy West Side NIMBYs would sue to delay an already-city approved building project that will block some of their penthouse views.

And this is why we have high building costs in NYC. Legal antics serve no purpose but to delay and drive up costs. This project is already BSA-approved.

[yankeesfan1000]

Originally Posted by Crawford

Gee, I'm totally shocked that wealthy West Side NIMBYs would sue to delay an already-city approved building project that will block some of their penthouse views.

And this is why we have high building costs in NYC. Legal antics serve no purpose but to delay and drive up costs. This project is already BSA-approved.

On top of that, city government will have to step in and work to close this "loophole" and decide on what is the acceptable ceiling height on mechanical floors, or where mechanical floors can be built in relation to a buildings overall height, or however they decide to "fix" this, which will make an already overly complicated set of zoning laws even more so, which adds to construction costs. A great use of our elected officials time, especially now.

But at least some rich people on the UWS won't lose their views.

[NYguy]

This will probably be overturned again, and if not, they should keep fighting all the way to the top. The thing is, you can’t decide something shouldn’t be allowed just because you don’t like or agree with it, if it’s within the law. The city recognized that, and has already altered that zoning. However, this project was begun before that, which is why it was allowed to continue. You can’t go back in time to change a law, you can only do it in real time.

[Crawford]

Originally Posted by yankeesfan1000

But at least some rich people on the UWS won't lose their views.

Well, they will lose their views; it will just be delayed. The BSA already ruled in favor of this tower.

This is basically the same scenario as 200 Amsterdam, a few blocks away. BSA approves tower, rich NIMBY group sues, judge says city doesn't understand its own rules, city tells developer go ahead and build, you're already approved.

[WhatTheHeck5205]

^^^only in this case, god forbid something happens, they at least won’t be trying to remove floors from a building that’s already up. What an embarrassment that would’ve been. Thankfully, the city intervened in that situation and they hopefully will in this one as well.

Also, how ridiculous is it that NY State literally has judges who don’t understand how zoning law works? Once a building is approved, it’s approved. You can’t revoke that after construction has started.

[NYguy]

https://www.instagram.com/p/CD_Y40cpcah/

[JMKeynes]

[JMKeynes]

Gary's quote is pure New York:

“This is totally outrageous and the height of chutzpah, which is defined as the child that kills its parents and then asks for mercy because he’s an orphan.”

https://therealdeal.com/2021/12/14/f...old-city-club/



I really hope that the G Man delivers on 5th Avenue like he has elsewhere and doesn't drop the ball like he will with that hideous 8th Ave tower.

[JMKeynes]

[Crawford]

That's great news about the City Club. They're nothing but a crazy NIMBY organization at this point, and it would be wonderful if they went out of business.

The City Club bankrolled the opposition to Diller Island on the Hudson, they bankrolled the opposition to pedestrian and bike improvements, they bankrolled the opposition to rezonings for more affordable housing, now they're bankrolling the opposition to luxury condo towers. They're an anti-Civic organization controlled by crazies, and hopefully they shut down.

[Busy Bee]

Great news but that photo makes him look like Martin Shkreli.

Gary Barnett: Condo Bro

[JMKeynes]

Originally Posted by Busy Bee

Great news but that photo makes him look like Martin Shkreli.

Gary Barnett: Condo Bro

[Speculator]

Any idea if this will ever go up?

[jackster99]

Originally Posted by Speculator

Any idea if this will ever go up?

Some friendly advice, bumping threads like this won't make you any friends around here. You have to trust, when there is actual news, someone will post it almost immediately.

No posts=no news to report

[Hudson11]

I suspect construction is still being held up by slow dragging lawsuits by local NIMBYs. Sales have been steady at Central Park Tower and One Manhattan Square, so there's no reason Extell would have trouble getting a construction loan to build the Upper West Side's new tallest building

[NYguy]

https://commercialobserver.com/2022/...vp-management/

Extell Lands $967M Construction Loan for Upper West Side Condo Tower





BY ANDREW COEN
FEBRUARY 9, 2022

Gary Barnett’s Extell Development has landed $967 million of construction financing for its planned 775-foot Upper West Side luxury condominium tower, Commercial Observer has learned.

Bank OZK was the senior lender on the deal, supplying an $800 million loan for Extell’s 69-story project at 50 West 66th Street. JVP Management provided a $167 million mezzanine loan as part of the debt package.

“The project will ultimately become one of the premier condominium buildings in the city,” said Candace Graham, a spokeswoman for Bank OZK. “Extell is the perfect sponsor to deliver a successful project in the highly desired Upper West Side submarket and market conditions are very favorable for delivery of this marque asset.”

Extell received the financing more than four years after first announcing plans for the residential tower in late 2017, which calls for 127 condo units and an outdoor terrace on the 16th floor with a garden and swimming pool, The New York Times reported.

The development has faced legal challenges with the nonprofit City Club of New York suing Extell in April 2019 to try and halt the project over zoning and safety concerns. Extell responded with its own lawsuit against City Club in December 2019 after it claimed the nonprofit continued with its case even after agreeing to drop it for a $300,000 settlement payment.

Justice Arthur Engoron of New York State Supreme Court, ruled in favor of the nonprofit in September 2020 before the decision was overturned on appeal in July 2021 paving the way for construction, The Real Deal reported.

[chris08876]

^^^^

Fantastic news. It's a solid!

[JMKeynes]

I love the Smokey and the Bandit GIF!

This tower is going to be amazing!!!

Only in NY!!