DECEMBER 11:

In a vote of 4-1 on December 11, 2018, the Board of Standards and Appeals (BSA) voted to deny our appeal of 180 East 88th Street, conceding that the Department of Buildings (DOB) acted within its right to approve the subdivision of the zoning lot that created the micro-lot. In their comments, Commissioners acknowledged the deficiency of the Zoning Resolution’s text regarding this issue. Because the text does not prescribe a minimum lot size in this zoning district, the Commissioners therefore determined that DOB was reasonable in approving the 10 foot lot. Significantly, several Commissioners suggested that a legislative solution would be needed to disallow use of this loophole in future projects. Specifically, the Department of City Planning (DCP) could specify a minimum lot size for commercial districts within the text of the Zoning Resolution. Commissioner Salvatore Scibetta cast the sole vote in support of our appeal, stating in his verbal comments that the subdivision was a violation of the spirit of the Zoning Resolution. Read the BSA's final decision here.

OCTOBER 30:

Second public hearing at the Board of Standards and Appeals is held.

JULY 17:

The high profile development at 180 East 88th Street had its first public hearing at the Board of Standards and Appeals (BSA) to address the joint community challenge by FRIENDS and Carnegie Hill Neighbors to the Department of Buildings (DOB) approval of the carve out of a 10 foot by 22 foot portion of the property’s zoning lot in order to evade the City’s zoning requirements meant to regulate building’s height and form.
The session contained several hours of arguments, thoughtful consideration from BSA commissioners, including pointed questions from Chair Margery Perlmutter directed at the DOB’s rationale for the prior approval. There was also spirited public testimony in support of this community appeal, including strong comments supporting our position from Manhattan Borough President Gale Brewer and Council Member Ben Kallos.
FRIENDS of the Upper East Side made it clear to the members of the Board that, should they uphold reckless tactics like those employed at 180 East 88th Street, it will set a precedent that threatens to undermine any requirement of the Zoning Resolution based on avenue or street frontage. In her statement, Executive Director Rachel Levy warned that such a decision would threaten decades-old regulations that ban sliver buildings and require tower-on-base building forms that were enacted to avoid what FRIENDS’ founding president Halina Rosenthal called the “out of control hodge-podge at eye level.” Read FRIENDS’ full statement here.

MARCH 5:

New York County Supreme Court ruled against FRIENDS, CHN, State Senator Liz Krueger and Council Member Ben Kallos. Read the Court proceedings here.

FEBRUARY 16:

Respondents filed their brief to the Article 78 lawsuit. Read it here.

JANUARY 26:

FRIENDS and Carnegie Hill Neighbors joined forces with State Senator Liz Krueger and Council Member Ben Kallos to file an Article 78 lawsuit in New York County Supreme Court. The brief for the lawsuit is available here.

OCTOBER 30:

FRIENDS and Carnegie Hill Neighbors challenged the Department of Building's approval of this building to the Board of Standards and Appeals.