Gamma Real Estate is confident that their proposed 800' Sutton 58 residential tower designed by architect Thomas Juul-Hansen in Sutton Place, will move ahead despite the grandfathering clause included in the rezoning being shot down by the City Council Land Use Committee. The developer aimed to avoid rezoning as they are already 3-weeks from completion of excavation and foundation work. After the vote by the City Council Land Use Committee, they will need to seek rezoning to complete the project. The Board of Standards and Appeals is expected to exempt the project from the new rezoning, but the damage may already be done. In what can be considered a purely political move to save face by City Council member Ben Kallos, the project may now be delayed by up to 6 months and hundreds of construction workers, many of whom are already working on the site, will be out of work and pay. Kallos was one of the original sponsors of the rezoning proposal, which passed earlier in November but featured the grandfathering clause which would have allowed Gamma Real Estate to move ahead with the project uninterrupted. The bulk of the Sutton 58's foundation and excavation is now nearly complete, but the developers efforts will be focused on the appeal, doubling down that the effort by Kallos is at the will of several wealthy residents and punishes the construction workers hired on the site. Gamma Real Estate will continue moving ahead on foundation work and aim to have it wrapped up by the time the proposal goes back to City Planning for review, a worry that Kallos had as the new rezoning measures and removal of the clause has brought Gamma Real Estate much time to complete the work which would have originally had to be completed by this week to receive approval. Gamma Real Estate has also taken out many after-hours work applications for the site as they race to complete the foundation and excavation work. Gamma Real Estate and other major developers and investors in the New York City market have been weary of the new efforts to "spot zone," which they hold as illegal and could set a dangerous precedent for the city.