Real Estate
Tower Ruling May Endanger Upper East Side Development: Report
Local lawmakers may mount a new challenge against a Sutton Place building approved before new height restrictions were passed.

UPPER EAST SIDE, NY — A recent court ruling that could force Upper West Side developers to chop floors off of a controversial Amsterdam Avenue development may have a ripple effect on the other side of Central Park, according to new reports.
Upper East Side City Councilman Ben Kallos may use the ruling as the basis of a challenge against the super-tall development planned for 430 E. 58th St. in the small Sutton Place neighborhood, he told the New York Post. The building has long been the bane of neighborhood preservationists, who proposed and passed a Sutton Place rezoning plan to implement strict building height limits.
The city Board of Standards and appeals ruled in 2018 that Gamma Real Estate's planned tower for the Sutton Place site would not be subject to new zoning regulations that passed after the city Department of Buildings granted developers building permits. Construction on the proposed 800-foot tower is already underway.
Find out what's happening in Upper East Sidefor free with the latest updates from Patch.
Kallos told the Post that a recent ruling forcing the developers of 200 Amsterdam Avenue to shave off already-built floors at the residential tower to comply with zoning regulations provides new ammunition in the fight against Gamma's development.
"We’re relying on the judiciary to enforce the law even if the Department of Buildings or the developers don’t think it applies to them," Kallos told the paper.
Find out what's happening in Upper East Sidefor free with the latest updates from Patch.
The City Council overwhelmingly passed a rezoning in November 2017 to prevent super-tall developments from rising in the Sutton Place neighborhood that spans East 51st to 59th streets east of First Avenue. The City Council attempted to strike a grandfather clause inserted into the zoning proposal by the City Planning Commission, but were unsuccessful when developers filed an appeal with the Board of Standards and Appeals.
Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.