Board Lets Controversial Tallest Building In UWS Move Forward

UPPER WEST SIDE, MANHATTAN — Developers of what would be the tallest building on the Upper West Side overcame yet another obstacle to build their 775-foot tower Tuesday.

The Board of Standards and Appeals narrowly ruled in favor of Extell Development's plan to build the 35-story apartment tower at 50 W. 66th St. in a split vote after a public hearing Tuesday, the latest vote siding with the developers since opponents of the building challenged the building's permits last year.

The 2 to 2 vote — which by the laws of the board means the challenge to Extell is denied — came despite continued pleas from local lawmakers and activists who say the massive tower will destroy the character of the Special Lincoln Square District where it will be built.

“Today’s split decision at the BSA shows how extreme Extell’s plans are and the danger mechanical voids can pose to other neighborhoods that could soon be blighted by supertall buildings," state Sen. Brad Hoylman said after the vote. "It’s shameful that the BSA is allowing this project to still move forward."

The latest vote asked the board to decide whether Extell is “appropriately occupying” the mechanical floor space in the tower, which opponents say the developers are using only to jack up the heights of its apartments, according to Crain's.

Extell plans to use the "mechanical space" inside the building to store mechanical equipment. These types of systems are no longer built underground because they could be compromised by severe weather such as flooding.

The City Club sued Extell in April to stop the development, but a state judge ruled that the challenges to the building must be conducted through the Board of Standards and Appeals.

The actions taken by the BSA on Tuesday indicate that the board is not keen on revoking the permits awarded to Extell by the city Department of Buildings.

Members of the board explained that in a split vote, the rules require the decision to be in favor of the party who would be restricted by the statute the board is analyzing, in this case, Extell.

Lawmakers pleaded that the board reconsider.

"In this particular situation, it is a gagillionaire real estate developer whose rights we’re protecting to the loss of the community," City Council Member Helen Rosenthal said.

The City Planning Commission voted earlier this year to approve a regulation that would count mechanical spaces against a building's floor area when they are larger than 30 feet or if two mechanical spaces are located within 75 feet.

But projects like 50 West 66th Street, where construction already had started before the rule change, will not be affected, BSA members said Tuesday.

Extell development first revealed plans for 50 W. 66th St., located between Columbus Avenue and Central Park West in 2017. Since plans were released, the tower has provoked backlash from local preservation groups and elected officials. The West 66th Street building will rise a planned 775-feet-tall.

Extell did not immediately respond to a request for comment.