Joseph McMillan’s DDG will have to refile condo plans for its Upper East Side project 180 East 88th Street after city officials accused the firm of exploiting a zoning loophole to add height to the tower.
According to a report by Crain’s, New York State Attorney General Eric Schneiderman asked the firm to submit amended plans. Under a new plan, buyers who already snapped up condos in the 521-foot tower would now be able to get out of their contracts.
The development firm bought the site for $70 million in 2013. A year later it filed to change the lot’s official size by cutting off a four-foot strip and setting that aside as a yard abutting the street. By setting back the building, it was able to add 60 feet to the tower’s height under New York zoning law.
The company’s condo offering plan for the property – which called for a 32-story, 48-unit tower with a planned sellout of $308 million – was approved in December 2014.
In May, City Council member Ben Kallos accused DDG of violating the spirit of zoning laws.
Amid complaints from community advocates, the city’s Department of Buildings launched an audit of the project and issued a temporary stop work order.