New York CIty Council Member Ben Kallos

New York Post Court order ‘beheading’ UWS tower could impact another super tall building by Sam Raskin, Jennifer Gould Keil, Nolan Hicks

Court order ‘beheading’ UWS tower could impact another super tall building

An opportunistic lawmaker hopes to use a controversial ruling that would knock 20 stories off of a nearly-complete Upper West Side condo highrise to cut another building in Midtown down to size.

“We’re going to file a motion to [re]argue based on this,” said Councilman Ben Kallos (D-Manhattan), who represents a swath of Midtown and the Upper East Side.

The lawmaker’s target is an 847-foot pencil-thin skyscraper currently under construction at 430 East 58th Street that he would like to see cut down to just 400 feet.

Currently, developer Gamma Real Estate plans to include 121 pricey units in the 65-story structure. The firm did not return repeated calls from The Post seeking comment.

The two buildings on opposite sides of Manhattan were originally built so high because they had managed to avoid height regulations enacted after both projects broke ground.

Manhattan Supreme Court Justice Franc Perry nixed the exemption granted to the Upper West Side project, 200 Amsterdam Avenue, by the Board of Standards and Appeals on Thursday and ruled it must comply with the area’s traditional zoning.

Kallos is hoping that Perry’s decision will lay the groundwork to overturn a similar exemption granted to the Midtown East project by regulators, allowing the tower to soar upward despite the neighborhood imposing new restrictions on building size in a bid to stop construction.

“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 said.

Meanwhile, developers of the 55-story Upper West Side project near Sherman Square again vowed to appeal Perry’s ruling Monday as their opponents — including Manhattan Borough President Gale Brewer, Congressman Jerry Nadler and local Councilwoman Helen Rosenthal — celebrated.

Representatives for the firm, SJP Properties, contends the judge inappropriately and retroactively applied a draft Building Department memo that would make it more difficult for builders to assemble the needed air rights to build skyscrapers.

“The Board of Standard and Appeals says ‘was this ever adopted,” said Scott Mollen, who is representing the firm. “There is no evidence anywhere that this draft bulletin was ever adopted by the buildings department and is contrary to 40 years of precedent.”

Real estate sources told The Post the ruling would throw a wrench into SJP’s ability to sell the building’s pricing condos — the 42nd story apartment, which spans the whole floor, is priced at $21 million — while the legal battle continues.

“It is a beautiful building with beautiful views and purchasers are very upset. They love the building. It is too early to know whether they will have to cancel their contracts,” said one broker who repped clients who are buying in the building.

But Upper West Siders celebrated the win, hoping it would dramatically downsize a building they didn’t want in the first place.

“This is completely out-of-scale for the Upper West Side. The Upper West Side is a neighborhood,” said Barbara Bernhard, a 67-year-old retiree who lives around the corner. “It’s still a neighborhood of families, it’s not a neighborhood for billionaires.”

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