UWS Tower Topped By 20 Floors Without Permission Can Stay: Court

UPPER WEST SIDE, NY — A developer who built 20 stories of a 52-story tower without permission on the Upper West Side has been told they don't have to cut the building in half after a months-long court battle.

The controversial tower at 200 Amsterdam can now be completed to its original planned height.

The decision from the New York State's Appellate Division unanimously overturned a lower court's ruling, which retroactively applied a draft zoning rule that would have caused the mostly constructed building to remove roughly 20 stories.

“Today’s unanimous decision is an unequivocal affirmation that 200 Amsterdam’s permit was lawfully issued under the Zoning Resolution," said Steven Pozycki, the Chairman and CEO of the developing company SJP Properties. "We thank the City of New York for their support in the appeal and throughout the development process. This ruling is a crucial victory for the Upper West Side and New York City’s economic recovery."

The Upper West Side tower's construction has been a constant source of controversy since its plan was made public. With many local elected officials and community members decrying its size in comparison to surrounding buildings.

"This developer is taking advantage of a zoning loophole that even the Department of Buildings acknowledged should not exist," Manhattan Borough President Gale Brewer told Patch. "By gerrymandering zoning lots, the developer is erecting a building that is simply too tall. I am disappointed by the Court's decision and hope that this case can be heard on an appeal."

Developers on Tuesday said the mostly-built tower is now expected to be completed by summer 2021.