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"We need to stop rewarding developers who play games with lot shapes and sizes to achieve results that plainly shouldn’t be possible under the zoning," Brewer said in a statement following the decision. "I thank the Department of Buildings for its ruling that the so-called open space at this site does not meet the Zoning Resolution's standards for open space."
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Like any grey area type of scheme or loop hole, the developers are legally taking advantage of it. If they want this to stop, than amend the rules, but this is finger pointing which will ultimately get resolved. Shame with the delay, because this design arguably is one of the best for the UWS pipeline wise. Any sort of downsizing would ruin the proportions and aesthetically, would be compressed with the current design. I'd hate for this to go through a redesign. Always the risk that it'll turn into garbage.