A massive building that developers say is all but a done deal is sparking debate among residents living in a Midtown neighborhood that is no stranger to zoning battles. NY1's Rebecca Spitz filed the following report.

People who live in the Midtown neighborhood near West 53rd Street say something needs to go into the empty lot next to the Museum of Modern Art. But many of them are hoping it doesn't come in the form of an 82-story tower, which appears to be the frontrunner at this point.

"Taken on a practical basis, it's out of relationship with the surrounding buildings and I haven't seen anything at the street or lower levels that respects the life on the street," said Midtown resident Daly Reville.

Reville's apartment looks out onto the lot, which real estate developer Hines bought from the Museum of Modern Art as the site for the tower. Plans call for the building to be part residential and part hotel, with three new gallery spaces for MoMA. In fact, the museum even has the plans on display in its lobby.

But what's clearly good for some neighbors, doesn't sit well with others. RitaSue Siegel of the West 54th, 55th Street Block Association says what they expected would be a 25-story building has only gotten taller with time.

"Suddenly it's an 82 or 84-story building depending on who's counting and that's totally unacceptable. It's the height of the Empire State Building on a side street," Siegel said.

The neighborhood isn't zoned for buildings of such size, but the Hines Tower would be an exception because it bought air rights from nearby University Club and St. Thomas Episcopal Church, allowing it to build in a manner Siegel says is inappropriate.

"The zoning laws were put into place to prevent canyons from developing," Siegel said. "By that I mean having these enormous buildings on the side streets so that the light and air can't get down to the sidewalk."

While no one from the developer's office was available for an on-camera interview, it did release a statement saying, "We continue to work diligently on the various approvals required for the project -- including the comprehensive review by City Planning which allows for public input."

The proposal already has the approval of the Manhattan Borough President. The City Planning Commission is also expected to vote on the plan September 9th, and would then go before the City Council.