
Howard Goldman
Central to the concept of zoning is that a developer may rely on the text and build to the limits written into the zoning resolution. The council has now tinkered with that expectation. Under a new local law, the council can potentially overcome the “as-of-right” option by adopting a text change on an expedited basis.
The local law was a response to the controversial Two Bridges project, a proposal consisting of three residential towers located on Cherry, South and Clinton Streets on the lower east side of Manhattan. These towers, to be developed by JDS Development Group, L+M Development Partners and CIM Group, and Starrett Development, range from 62 to 79 stories. city planning ruled that, because the development complied with the underlying zoning text, the project was not subject to advisory review by the borough president and approval by the city council pursuant to the uniform land use review procedure. (more…)