A multiyear legal battle against a controversial tower planned for the South Street Seaport has concluded with a ruling that should make the developer and the city happy.
The New York Court of Appeals has cleared the way for Howard Hughes Holdings’ tower planned for 250 Water St. to move forward, denying a motion from the community group South Street Seaport Coalition to appeal a prior ruling that upheld a key approval for the project. Given that the Court of Appeals is the highest court in the state, this should put an end to the case.
“For too long, the lot at 250 Water St. has been an underutilized part of the Seaport,” Howard Hughes CEO David O’Reilly said in a statement. “Today’s decision marks a major win for Lower Manhattan and the city and paves the way for Seaport Entertainment Group to begin construction on a vibrant, mixed-use project that will be a significant contribution to the neighborhood.”
Howard Hughes has been trying to build a 27-story mixed-use tower at 250 Water St. with roughly 400 apartments for years, but the project has faced fierce community pushback for about as long.
This lawsuit dates back to July 2022 and claimed that the city’s Landmarks Preservation Commission was improperly influenced when approving the project by planned community benefits from Howard Hughes, such as affordable housing and renovating the South Street Seaport Museum. The commission had made several prior rulings that a project of this scale at 250 Water St. was inappropriate for the neighborhood, according to the suit.
Judge Arthur Engoron ruled in favor of the coalition in January 2023, but the appellate division of New York state Supreme Court unanimously overturned his decision in June. The Court of Appeals has now effectively upheld this decision.
A spokesperson for the Landmarks Preservation Commission said the agency was pleased with the ruling, which puts an end to the legal challenge.
The coalition released a statement following the Court of Appeals’ ruling reiterating the accusations in its original lawsuit and saying that the “new normal” for doing business in the city “enables developers to engage in backroom dealings with City Hall while the courts look the other way.” The group also blasted the decision as a bad precedent for future preservationist battles in historic districts.
Another potential remaining hurdle to the project was the completion deadline for developments using the state’s now-expired 421-a affordable housing tax break. However, given that the state extended this deadline to 2031 as part of the housing package in its budget, this issue has been taken care of as well, according to Howard Hughes Holdings.
The project will include 100 affordable units for households earning between 40% and 120% of the area median income, or between about $56,000 and $168,000 for a family of three. Most of the units will be for households earning 40%, according to a spokesman for the developer. The tower will include a 5-story base with commercial, retail and community space as well.
Eddie Small , 2024-05-22 18:21:16
Source link
