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Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building
In Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, 2021 NY Slip Op 01228 (1st Dept. Mar. 2, 2021), the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
The case involved the interpretation of the New York City Zoning Resolution's definition of "zoning lot," the unit of land used to determine the zoning compliance of all proposed construction work in the City. At issue was whether a zoning lot formed in one of the four ways permitted by the zoning lot definition could consist only of whole tax lots or could include one or more partial tax lots. The specific text, which had been adopted as part of the 1977 amendments to the "zoning lot" definition, provides that a zoning lot may consist of:
a tract of land, either unsubdivided or consisting of two or more lots of record contiguous for a minimum of 10 linear feet, located within a single #block#, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy) is declared to be a tract of land to be treated as one #zoning lot# for the purpose of this Resolution.
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