Upper East Sider Sues To Block Madison Avenue Development: Report

UPPER EAST SIDE, NY — An Upper East Side resident is suing developers behind a planned 18-story apartment complex on Madison Avenue in an effort to stop construction by claiming that the building violates city zoning laws, according to reports.

Madison Avenue resident Kim Fennebresque filed a lawsuit against the Naftali Group this month in New York Supreme Court accusing the developer of skirting zoning laws by placing its planned development at 1045 Madison Ave. too close to the adjacent building, the Real Deal first reported. The resulting construction would deprive the block of the required amount of light and air between buildings, according to the report.

Fennebresque's attorney Charles Weinstock — who also represents another area resident challenging Naftali's planned development — told the Real Deal that the developer's efforts represent the "further erosion of a principle — that zoning laws are, in fact, laws." A spokesperson for the developer countered by describing the lawsuit as "frivolous" and saying that the as-of-right project was approved by the city Department of Buildings, the Real Deal reported.

Naftali filed permits to build an 18-story development at 1045 Madison Ave., located between East 79th and 80th streets, in 2018 and the plans were approved in June 2019. The apartment tower will rise 210-feet-tall and contain 16 apartments. With an average square footage of around 3,700 square feet, the units will likely be marketed as luxury rentals or condos. Building plans also reveal that a 3,993-square-foot commercial space will be part of the development.

Read the Real Deal's full article here.