Ben Kallos, who represents the neighborhood in the City Council, has joined a pending lawsuit against the developer and the city alleging that the developer’s tactics represent “a deliberate attempt to circumvent and nullify” city zoning provisions. Kallos and others said the East 88th Street project speaks to a broader issue of developers finding and exploiting zoning loopholes to build ever-taller towers without regard for neighborhood context. Several speakers at the July 16 press conference referenced the proposed 668-foot condo tower at 200 Amsterdam Avenue on the Upper West Side that is the subject of an ongoing zoning dispute over the project’s irregularly shaped lot.
“It’s kind of like playing a game of whack-a-mole, with an industry that has billions to devote to coming up with new ways to circumvent the rules,” Kallos said, citing tactics such as excessive floor-to-floor ceiling heights, so-called “gerrymandered” zoning lots, and the use of mechanical voids as tools that have been used by developers with increasing frequency in recent years to inflate building heights and property values.
Kallos and other members of the City Council have said that the legislative body needs more resources to expand its land use staff to review projects before they receive approval.