Developer Skirts Rules To Build 520 Foot UES Tower, Opponents Say

UPPER EAST SIDE, NY — Upper East Side politicians and neighborhood groups filed a legal challenge against a planned 32-story development that's set to rise 524 feet tall.

The groups claim that DDG Partners' development at 180 E. 88th St. skirts the city's zoning rules with the creative use of what's known as a "micro lot," according to legal documents filed with the state supreme court. By slicing off a tiny parcel of land between the building site and East 88th Street and transferring that lot to a separate holding company, developers were able to argue that the planned tower does not actually border the street.

A building that doesn't border East 88th Street would not have to adhere to "tower on a base" building rules, which limits building height by requiring 55 percent any new development to rise below 150 feet, the lawsuit claims. If DDG Partners' planned tower were subject to "tower on a base" the height would be limited to about 300 to 350 feet, according to the lawsuit.

The lot that separates the DDG Partners' building from the street is only 10 feet by 22 feet large, according to court documents.

The lawsuit — which was filed in late January by City Councilman Ben Kallos, Sen. Liz Krueger, Carnegie Hill Neighbors and Friends of the Upper East Side Historic Districts — listed DDG Partners as well as the city agencies that approved the project as defendants.

"The idea that a developer can completely ignore zoning requirements by illegally creating tiny, useless sliver lots is preposterous. It’s a recipe for chaos that sets a dangerous precedent for the entire city," Krueger said in a statement. "By filing suit, I, Councilmember Kallos, and the community are standing up for rational development in the face of this bald-faced effort to skirt the rules. If we’re going to maintain livable communities in our city, the first step is to enforce the zoning regulations we already have on the books."

The city Department of Buildings briefly shut down construction on 180 E. 88th Street in 2016 to review whether it broke the city's zoning rules. Month's later, the project was back on track after DDG Partners submitted updated plans to the city agency. After lifting the stop work order, the DOB conducted a 7-month audit of the plan and decided to take no action against the developers.

A state judge declined to issue a stop work order against the development on Jan. 26. A follow up hearing is schedule for March. The Upper East Side groups are also in appealing the development's approval with the Board of Standards and Appeals, according to court documents.

Despite the plethora of legal challenges against the development, construction is currently ongoing, according to multiple reports. DDG Partners first broke ground on the project in 2015 and the structure is currently 16-stories-tall. Developers expect construction to wrap up in 2019.

"This architecturally distinctive project has received all required approvals from the NYC Department of Buildings and is in full compliance with the City’s zoning regulations," a spokesperson for DDG said in a statement. "The upcoming hearing will provide another opportunity to present information in support of the appropriateness of this design and the rigorousness of the City’s approval process."

A spokesperson for DDG Partners did not immediately respond to Patch's request for comment.

Photo by Google Maps street view