Monday, January 27, 2020

New York City Board of Standards and Appeals to rule on mechanical space issue at Extell's Upper West Side tower - Crain's New York Business

City administrators are expected to rule on whether a high-profile developer is improperly using mechanical space to build what would be the Upper West Side's tallest apartment tower, the latest action in one of the city's most contentious active land-use fights.

The Board of Standards and Appeals is slated to decide Tuesday morning whether Extell is “appropriately occupying” the mechanical floor space in its proposed 775-foot-tall apartment tower at 50 W. 66th St. Opponents, including the City Club of New York and civic group Landmark West, accuse the developer of using mechanical spaces to jack up the heights of its penthouse apartments beyond what the neighborhood's zoning allows. 

Extell has quarreled with the preservationists in the courts, media and at City Hall since announcing the plans for its tower for more than four years.

The opposition has focused on Extell’s inclusion of roughly 200 feet of mechanical floor space within the tower. While opponents to the project say the floors act as stilts for the tower, the floors are ostensibly used for heating, ventilation, air conditioning and other utility equipment. 

In September, the BSA ruled that Extell's use of mechanical floors was allowed under the city's zoning code at the time the Department of Buildings approved its permits. But the board used its decision to demand city building inspectors undertake a floor-by-floor review of whether the space is being used properly and report back.

In the meantime, the battle has shifted to the courts. The City Club sued Extell and the BSA in November, challenging the board's decision and seeking an injunction to block the project's construction. A month later, Extell sued the City Club, claiming the civic group was continuing to lead the opposition to its proposal, despite an agreement to lay off that was written into a $300,000 legal settlement. 

The City Club denied the agreement was ever finalized after the Commercial Observer reported the lawsuit. Both matters are listed as pending before the state Supreme Court in Manhattan. 

The City Council approved legislation in May aimed at closing the so-called mechanical-void loophole that Extell is accused of exploiting. The new law limits mechanical floors to 25 feet in height. Anything taller counts toward the building's zoning floor area, thus limiting what can be built. Extell received its approval the month before the bill's vote. 

Extell hopes to open the tower's 147 apartments next year. 

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January 28, 2020 at 01:24AM
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New York City Board of Standards and Appeals to rule on mechanical space issue at Extell's Upper West Side tower - Crain's New York Business
"mechanical" - Google News
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