^ Also relevant from
that article. Sounds like this is going to move forward as planned, and DOB might close this perceived zoning loophole for future buildings. NIMBY's had four decades to address this, and didn't. If NIMBY's succeed, the developer will undoubtedly sue the city for most/all of the $275M they spent on this lot and the associated air rights, and then we all get to literally pay for NIMBYs.
Also, the more renderings I see of this, the more I like it, nice find NYGuy.
"...However, the DOB carefully weighed this argument last year. It even temporarily stopped work at the site. But it concluded after a four-month audit that although the 1978 memo might have made a partial “incorrect interpretation” of zoning rules,
to deny the developers a permit would be “arbitrary and capricious."
That’s because the agency has adhered to its earlier reading of the memo for four decades, and relied on it to grant permits for at least three other buildings on Amsterdam and West End avenues..."