WHEN: Tuesday, June 19, 2018 time to be announced
WHAT: 2nd BSA Hearing re 430 East 58th
WHERE: 22 Reade Street, New York, NY
WHY: Oppose Construction of a Megatower at 430 East 58th Street
After a two-month lull in public activity following the Board of Standards & Appeals (“BSA”) April 10th hearing, the fight to protect our neighborhood from construction of a massive, overbearing megatower is again in high gear and we need your participation.
When we learned that a developer was planning to construct a monstrous megatower at 430 East 58th Street and realized that our entire neighborhood was at risk, we rose up and, with the help of our elected officials, succeeded in achieving a zoning change to prevent the construction of megatowers anywhere in our community. The rezoning of the East River Fifties was approved by the City Council on November 30, 2017 by a 45-0 vote with one abstention.
Remember that when the City Council enacted the zoning change, it removed a grandfathering provision which had been inserted by the City Planning Commission to permit the developer to construct the planned 58th Street megatower. The developer tried to persuade the City Council to retain the grandfathering provision, but, after listening to testimony by ERFA and others, the City Council expressly rejected it.
Then – In December 2017, in a further effort to avoid the restrictions of the new law, the developer submitted an application to the BSA seeking authorization to construct a building as per plans filed with the Department of Buildings prior to the zoning change, i.e., to have its planned megatower “grandfathered.”
We were undeterred from our resolve to protect our community!
The BSA held a hearing on April 10th to consider arguments for and against grandfathering the developer’s planned megatower under the old zoning rules. The developer sought approval of its application, and ERFA presented numerous reasons why the application should be disapproved.
Because of issues raised by ERFA at the April 10th hearing, the BSA concluded that it needed more information and further analysis before it could make a decision. The BSA scheduled a second hearing to take place on June 19th at which it will hear further arguments for and against approval of the developer’s application.
WHAT COMES NEXT?
During the past two months, we have been actively gathering information and preparing legal arguments in preparation for the June 19th hearing. We are now convinced even more than before that the developer has not met the legal requirements for BSA approval of its application, and we intend to prove our case.
We will demonstrate, among other things, that the after-hours and weekend work permits obtained by the developer as a “safety” measure were not necessary for safety reasons, did not meet the legal requirements for issuance of such permits, and should never have been issued. That means that the construction work performed on those days should NOT be counted when deciding whether the developer made “substantial progress” toward construction of the building’s foundation prior to the zoning change. And if “substantial progress” was not made, the BSA must disapprove the application.
That argument is only one of numerous compelling reasons we will give for the BSA to disapprove the developer’s application — any one of which, alone, would be sufficient to show that the developer is not entitled to the “grandfathering” exception requested, and that to grant it would constitute a violation of New York City Law.
WE NEED YOUR SUPPORT
We remain optimistic that, working with our public officials, we can be successful in the defense of our community.
The continued unwavering resolve of our community is a critical component of that success. Let’s show our strength!
We urge all New Yorkers who are against the Looming Towering Nightmare that the developer is trying to construct at 430 East 58th Street to attend the BSA public hearing on June 19th and show support for ERFA and the City’s zoning law.
We encourage all of our supporters to speak at the hearing, but regardless of whether you choose to make a personal statement, your presence itself makes an essential statement.