Note.—This resolution is final in the Bulletin. Please notify formal errors so that corrections BOARD OF February MEETING OF: 2023-25-BZY CALENDAR NO.: 36 PREMISES: Block Application ACTION OF BOARD — THE VOTE — Affirmative: Chair Chanda, Commissioner Ottley-Brown, Commissioner Yoon Negative: THE RESOLUTION — This is an application, of time to complete construction facility building and to renew Department of Buildings amendment to the Zoning Application No. 121190200. A public hearing was after due notice by publication on February 9, 2026. Community Board application. The Premises are a on the south side of West Central Park West, partially within an R8 zoning district, Square District, in Manhattan. frontage along West 66th Street, and 37,176 square an unfinished, 39-story, building. III. On June 7, 2017, DOB the construction of a 25-story Permit was amended and construction of the subject facility use building. On completed. On May 29, Planning Commission (“CPC”) modifications, which amended related to the calculation 34, 11-341, 23-10, 23-16, 20, 98-22, and 98-221) building noncompliant However, because the foundation effective date of the Text had two years from that construction, as per Z.R. to complete construction § 11-332(d), by litigation Specifically, the applicant order in judicial proceedings April 28, 2022, when affirmed the decision of Therefore, as tolled, the On October 30, 2023, Board granted an extension to Z.R. § 11-332, which will Because the time to 2026, the applicant now § 11-332, of time to complete of expiration, to expire application, the Board must issued and “that substantial substantial expenditures permit, for work required development of the property By final decisions dated July 22, 2021, and Article 78 petitions challenging the court found that the permit (in one case, by reversing and in the other case, Accordingly, the record was lawfully issued. The Board notes that construction and substantial courts have explained the Under New York law, land-use benefit unless vested right can be permit, the landowner for which the permit and incurring substantial Town of Orangetown to gain the vested right, permit must be so substantial serious loss rendering Cine SK8, Inc. v. Town 2007) (internal quotation Southold, 48 F.3d 674, ‘property interest’ in a benefit permit, certificate of occupancy, business license”). Notwithstanding no fixed formula which measures whereby a party is said Bennett, 557 N.Y.S.2d 441, marks omitted). A. Regarding substantial evidence that, in accordance work associated with the effected “substantial construction” building. Z.R. § 11-332. January 21, 2026, it has superstructure, vertical 98% of the building’s curtain applicant contends that complete. In support of these an affidavit of the project expenditures, the construction an architectural section building that has been (including both completed building and site indicating and exterior of the building, below. Accordingly, the accordance with the building the Permit, the owner has development of the building. B. The applicant also 2026, substantial expenses the building with a total the applicant, totaling $502,575,107.82 of which additional $17,837,240.78 incurred as an irrevocable contract amount, with a commitment toward the (approx. 95%). The applicant completion of the above listed hard and soft costs including insurance, and fees. In noted construction documentation payment dated August 18, the record reflects and substantial expenditures Based on the foregoing, record supports the establishment of the building, under substantiated a basis authorizing work associated Therefore, it is Resolved, does hereby grant this the right to continue construction lawfully issued by the Building Application No. various work types, either construction, for two years, Adopted by the Board This Board