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Appeals court upholds Silverstein rezoning.

Appeals Court upholds Silverstein rezoning

The Appellate Division of New York Supreme Court has upheld the rezoning of the Manhattan block bounded by 41st and 42nd Streets and 11th and 12th Avenues, two blocks north of the Jacob Javits Convention Center, paving the way for Silverstein Properties, Inc. to develop the block for either residential or commercial use.

In a ruling handed down last month, the court also ruled that no additional environmental review was needed before construction could begin, rejecting a novel condition the lower court had set.

Samuel H. Lindenbaum, attorney at Rosenman & Colin, has represented Silverstein in the matter since 1984. At that time, the Department of City Planning recommended the zoning change and the developer purchased the property. Lindenbaum said the decision's exclusion of additional environmental study is vital for the building industry.

"This is a major victory not only for Silverstein Properties but for the entire real estate development industry," Lindenbaum said. "For the ruling eliminates the threat of delays caused by additional environmental study of a site that has been stringently reviewed during the zoning change process."

The proposal to change the block from an M2-3 zone (low density industrial/manufacturing) to a C6-4 zone (high density residential or medium density commercial) was under review for four years. The environmental impact statement is 700 pages.

After the zoning change was adopted by the city in 1989, residents in the vicinity of the site sued to overturn it.
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Title Annotation:Silverstein Properties Inc.
Publication:Real Estate Weekly
Date:Jun 5, 1991
Previous Article:Final tax roll released, tax fixing delayed.
Next Article:Galbreath gets exclusive agency for former Studio 54 building.

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