Its as of right. The site or parcels previous owners did not have any sort of public connection or functionality. Also, the parcel is not landmarked. NIMBYs can't touch this.
Even sites like Sutton Place was as of right. Its not the NIMBYS that killed it, but bad loan agreements with Gamma. Stuck in the financing limbo.
But hopefully that too will rise down the line if Extell or Vornado buys it. Super tall potential is high with that site.