The Landmarks Preservation Commission (LPC) was established in 1965 to protect New York City's historic, aesthetic, and cultural heritage embodied in buildings and places. The demolition of Pennsylvania Station in 1963 increased public awareness of the need to protect architectural and cultural heritage. The LPC regulates changes to designated landmarks through various permit types to ensure appropriateness. Designation provides benefits like tax incentives but also maintenance obligations for property owners.
Beach Access Plaza - Presentation at BHPOA on October 21, 2014Rose Klein
This is the report given by Hank Iori and John Signorelli on October 21,2014 at the Belle Harbor Property Owners Association meeting at PS114 in Belle Harbor, Queens, NY.
Beach Access Plaza - Presentation at BHPOA on October 21, 2014Rose Klein
This is the report given by Hank Iori and John Signorelli on October 21,2014 at the Belle Harbor Property Owners Association meeting at PS114 in Belle Harbor, Queens, NY.
How to Clear the First Hurdle in Site RedevelopmentBethany Meys, MPH
Workshop presented by Crosskey Arcitects, Fuss and O'neill, and Camoin 310 on planning, remediation optimization, and financing for site redevelopment.
Subdivision Design covers different phases of the land development process. We study Florida subdivision laws, site evaluation, boundaries, topographic and control surveys, and environmental and cultural considerations. Students design lot and building arrangements, all streets, and drainage channels and detention basins.
At the Spring planning club of 2016, we covered the following topics:
• starter homes - recent updates and the effect of these for local authorities
• viability and section 106 agreements - we will be looking at the effect of viability on planning obligations and how viability issues can be addressed in the section 106 agreement
• planning enforcement in relation to heritage assets and a review of case law from the perspective of a local authority.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
May 11, 2015 Parkmerced Vision Update and Tenant Relocation Planparkmercedvision
May 11, 2015 Parkmerced Vision Update and Tenant Relocation Plan
Development Phase 1 Application and Tenant Relocation Plan for existing Blocks 37W, 34, and 19.
How to Clear the First Hurdle in Site RedevelopmentBethany Meys, MPH
Workshop presented by Crosskey Arcitects, Fuss and O'neill, and Camoin 310 on planning, remediation optimization, and financing for site redevelopment.
Subdivision Design covers different phases of the land development process. We study Florida subdivision laws, site evaluation, boundaries, topographic and control surveys, and environmental and cultural considerations. Students design lot and building arrangements, all streets, and drainage channels and detention basins.
At the Spring planning club of 2016, we covered the following topics:
• starter homes - recent updates and the effect of these for local authorities
• viability and section 106 agreements - we will be looking at the effect of viability on planning obligations and how viability issues can be addressed in the section 106 agreement
• planning enforcement in relation to heritage assets and a review of case law from the perspective of a local authority.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
May 11, 2015 Parkmerced Vision Update and Tenant Relocation Planparkmercedvision
May 11, 2015 Parkmerced Vision Update and Tenant Relocation Plan
Development Phase 1 Application and Tenant Relocation Plan for existing Blocks 37W, 34, and 19.
1. History of the Landmarks Preservation Commission
The LPC was established in 1965 when Mayor Robert Wagner signed a local
law creating the Commission. The Landmarks Law was enacted to protect and
safeguard New York City’s historic, aesthetic, and cultural heritage embodied in
buildings and places. Events like the demolition of the architecturally distinguished
Pennsylvania Station in 1963 increased public awareness of the need
to protect the city's architectural, historical, and cultural heritage.
Pennsylvania Station, c. 1911
2. Purpose and Public Policy
• Protect and safeguard the
City’s historic, aesthetic and
cultural heritage as
embodied in improvements,
landscapes and districts.
• Stabilize property values.
• Foster civic pride in past
accomplishments and
culture.
• Promote tourism.
3. What is the Landmarks Preservation Commission?
• 11 members, appointed by the Mayor, with the advice and consent
of the Council, for three year terms.
• Commission is an expert agency and must have at least three
architects, one planner or landscape architect, one historian, one
realtor and one representative from each of the five Boroughs.
• The Chair is appointed by the Mayor and is the only paid member;
the rest are volunteers.
• The Commission meets 3-4 times
a month to approve designations
and changes to landmarked
property.
4. Departments at LPC
Archaeology
The Archaeology Department reviews subsurface
work subject to environmental review regulations or
the Landmarks Law. If important archaeological
resources are found, the department determines and
oversees mitigation.
Research
The Research Department consists of
an expert staff who evaluate whether
a building is eligible for landmark
protection and conducts extensive
research that serves as the basis for
the Commission’s determination
whether they should be designated.
Preservation
The Preservation Department consists of
expert preservationists who issue permits
and provide technical assistance,
information and support to owners to help
them protect and preserve their landmark
properties.
Environmental Review
The Environmental Review Unit assists
federal, state, and City agencies
whose projects are subject to the
environmental review process. The
unit offers guidance and information
about impacts those projects may
have upon the City’s archaeological
and architectural resources.
.
Enforcement
The Enforcement Department ensures compliance
with the Landmarks Law.
5. Criteria for Landmark Designation
“Any improvement, any part of which is thirty years old or older, which has a special
character or special historical or aesthetic interest or value as part of the development,
heritage or cultural characteristics of the city, state or nation….”
§ 25–302, New York City Administrative Code
Paul Rudolph House
Rufus King House
Lever HouseLouis Armstrong House
30 years old, in
whole or part
Cultural
significance
Historical
significance
Architectural
significance
6. Categories of Designated Landmarks
Individual Landmarks
Buildings and Structures
Historic Districts
Areas with a unique sense of place,
can represent one or more periods or
styles of architecture typical of one or
more eras in the history of the city
SoHo-Cast Iron,
Manhattan
Rockefeller
Center,
Manhattan Fieldston Historic District,
Bronx
Coney Island
Wonder
Wheel,
Brooklyn
7. Categories of Designated Landmarks, cont.
Scenic Landmarks
City-Owned Public Spaces
Interior Landmarks
Customarily Accessible to the Public
Central Park
Designed 1858,
Olmsted & Vaux
Loew’s Paradise Theater,
Bronx
Manufacturers Trust
Company,
510 Fifth Avenue,
Manhattan
Morningside Park
Designed 1873,
Olmsted & Vaux
10. Crown Heights North III Historic District
Designated in March 2015
Location of Crown Heights neighborhood, Brooklyn
Outline of recent designated district (in red)
Homes on Revere Place, Crown Heights North III
11. 1474 Pacific Street
1030 Park Place
1517 Pacific Street
Former Sharri Zedek Synagogue, corner of Park and Kingston
Lincoln Place Virginia Place
14. Changes to Landmarked Property
Work Permits
• Work affecting the exterior of
landmarked property must be
approved by the Commission.
• 95% of work is approved by LPC
preservation staff and is either
restorative or falls within the rules
established by the Commission.
Mount Olive Fire Baptized Holiness
Church, Harlem
15. Three Types of Landmarks Approvals - 1
A Certificate of No Effect (CNE) is needed when the proposed work requires a
Department of Buildings permit, but does not affect the protected architectural
features of a building. CNEs are issued by LPC's staff preservationists, and do not
require a public hearing before the full Commission or a presentation to the
community board. Examples of work that requires a CNE include:
• Interior renovations that require Department of Buildings permits
• Installation of plumbing and heating equipment
• Installation of an exhaust fan vent
• Changes that the staff determines do not adversely affect significant
features of the building
Timing:
• Applications for Certificates of No Effect that include the required materials and
meet LPC’s rules can be approved within 10 business days.
• LPC is legally required to make a decision about CNE applications within 30
business days once the staff has confirmed that an application includes the
required materials.
16. Three Types of Landmarks Approvals - 2
A Permit for Minor Work (PMW) is needed for work that affects significant
protected architectural features, but does not require a Department of
Buildings permit. PMWs are issued by the staff, and do not require a public
hearing before the full Commission or a presentation to the affected
community board.
• Examples of such work include:
• Window or door replacement
• Masonry cleaning or repair, and
• Restoration of architectural details
• When evaluating an application for a PMW, the Landmarks Commission
reviews the proposed changes to determine whether they are appropriate
to the building and/or the historic district.
Timing:
• LPC is legally required to make a decision about PMW applications within
20 business days once the staff has confirmed that an application includes
the required materials.
17. Three Types of Landmarks Approvals - 3
Certificate of Appropriateness Permits are needed for work which affects significant
architectural features of the landmarked property.
• The types of work include, but are not limited to:
• Additions
• Demolitions
• New construction
• Removal of stoops, cornices, and other significant architectural features
Process:
• Presented at Landmarks Committee of Community Board
• Presented at LPC Public Hearing
• Permit issued after LPC staff has reviewed final plans to ensure they are consistent
with proposal approved by Commissioners
Timing:
• After all materials are submitted, preservationist will schedule a hearing one
month later. The Commission must issue a ruling about the project within 90
working days.
18. LPC Public Hearing Process
When proposed work requires review by the Commission
• The project must be shown to the
local Community Board before an LPC
hearing
• At the LPC hearing, applicants present
their projects to the Commission.
• Advocates, neighbors and other
interested parties can testify to voice
their support or concern.
• Commissioners discuss the proposal,
vote to approve or deny it, or suggest
modifications and take a vote at a
future public meeting.
19. Public Hearings Process (cont.)
• Applicants must prepare detailed presentation. Including plans,
sections, elevations, details. Visible additions require some type of
mock up.
• Preservationist introduces project, architect walks through the
plans with the Commission.
• Owner and applicant both attend hearing.
• Must be same presentation that was presented to the Community
Board.
• Process is opportunity to convince at least 6 commissioners that the
work is “appropriate” for the building and the district.
20. Expedited Approvals
Two types of expedited approvals:
1. Expedited Certificate of No Effect Service
– For certain kinds of interior work:
• Performed above second story or in
cellar,
• Does not involve change to any
exterior wall, window, roof, exhaust
intakes, vents, or pipes.
• All work at least one foot from
window sills.
2. FasTrack Service
• Minor restorative work on rear
facades,
• Window/Door openings on non-
visible facades,
• Non-visible HVAC equipment on
rooftops and in rear yards,
• Sidewalk Cafes.
21. Fees for LPC Permits
• No Fees for Permits for Minor Work
• Fees are collected only on work that also requires DOB
approval and fee is collected at DOB.
• Alterations: $95 for first $25,000 or work, then $5 for each
$1000 of work thereafter.
• New Buildings:
• 1,2 & 3 Family Units: 15 cents/square foot
• All Other: 25 cents/square foot
22. Impact of Landmark Designation on Property Owner
Landmark designation is not
only honorary, it comes with
benefits and obligations. Two
basic obligations:
• Obtain permit
from Landmarks
Preservation
Commission prior
to performing any
substantial work
on the property.
• Maintain the
building in a way
that is consistent
with the historic
district or state
during landmark.
23. Impact of Landmark
Designation on Property Owner (cont.)
• LPC regulates work on building. We review what owner proposes
to do. We do not require that features be restored or removed to
match original building. If owner wants to change the existing
condition then the LPC can decide what type of change is most
appropriate.
• LPC does not regulate use of the building. The LPC can review
changes needed for a new use and decide that such changes are
inappropriate, but cannot decide how a property is used.
• By law, DOB cannot issue permits for work on designated property
until LPC has acted. Similarly, no CPC special permit or BSA variance
can be issued until LPC has approved work.
24. Obligation to Maintain Landmarks
• Obligation to keep exterior, and those parts of interior that effect
exterior, in “good repair.”
• Generally, Landmarks Law requires designated buildings to be kept
in structurally sound and water tight condition.
• No requirement to maintain building in pristine shape. LPC
understands that owners are juggling many financial
responsibilities.
• Demolition by neglect. When owners intentionally fail to maintain
buildings, LPC can pursue legal action.
25. Benefits of Landmark Designation
• Tax Incentives
– Federal Tax Incentives
• 20% credit for rehabilitation of certified historic
structures in compliance with Secretary of Interior’s
Standards. Eligible rehabilitation costs are costs that
exceed basis in property.
• 10% credit for rehabilitation of non-historic buildings
placed in service before 1936. At least 50% of external
walls must remain in place, and 75% of interior
structure must remain.
26. Benefits of Landmark Designation (cont.)
• New York State Tax Incentives
– Commercial Property: Owners of income producing properties that
are approved to receive the 20% federal rehabilitation tax credit
automatically qualify for additional state tax credit if the property is
located in an eligible census tract. Owners can receive an additional
20% of the qualified rehabilitation expenditures up to $5,000,000.
– Homeowner Credit: Rehabilitation work on historic residential
structures may qualify for a tax incentive. The credit will cover 20% of
qualified rehabilitation costs of structures, up to a credit value of
$50,000.00. Qualified work must meet Secretary of Interior’s
Standards. Houses must be an owner-occupied residential structure
and be individually listed on the State or National Register of Historic
Places, or a contributing building in a historic district that is listed on
the state or National Register of Historic Places. In addition, the house
needs to be located in an eligible census tract. At least $5,000.00 must
be expended on qualifying work. At least 5% of the total project must
be spent on the exterior of the building.
27. Benefits of Landmark Designation (cont.)
Historic Preservation Grant Program
LPC’s federally-funded Historic
Preservation Grant Program provides
grants to income-eligible homeowners
and non-profits to restore severely
deteriorated facades.
Eligible work may include masonry
rebuilding and repointing, repair and
replacement of windows and front doors,
and cornice restoration.
To qualify for a grant, the building must
be within a designated historic district or
be an Individual Landmark under the
Landmarks Preservation Commission.
Before and After
28. How does LPC determine standards?
• Look to Designation Report to determine what’s important.
– Is the building important? Is the particular architectural
feature significant? Is it original or historic?
• Grandfathered conditions: LPC cannot require owners to
change existing conditions/features that were in place at the
time of designation unless owner is proposing work on the
specific feature.
• Work is approved if it is “appropriate for and consistent with
the effectuation of the purposes” of the Landmarks Law.
– In most cases appropriate refers to architectural impacts
(material, scale, details).
29. Designated Landmarks Change and Evolve
• Designated properties improve and evolve. Every Tuesday,
the Commission approves changes to landmarked
properties from new windows to two-story additions.
• Lifestyle of owner/tenant does not change with landmark
designation. Buildings can have solar panel installations,
double-pane windows, handicap accessibility, security
devices, etc.
• LPC approves rear yard and rooftop additions frequently.
• Commission evolves as well to match the development
realities of the City.
30. Enforcement
• Criminal, civil and administrative enforcement
• Primarily administrative enforcement system
with NOVs at the Environmental Control Board
– Penalties of up to $5000/day.
• System designated to encourage compliance,
not monetary penalties. Two grace periods.
• Examples:
– Sushi Samba: $500,000 penalty
– New Brighton Village Hall: transferred the property to the city
– Sign Litigation: Recently settled with outdoor advertising company for
$250,000 for repeatedly violating Landmarks Law.
• We rely on neighborhood groups and individuals to be “eyes on the
street” to help alert us to potentially illegal work. All complaints are
investigated.
31. What Does Designation Mean for Owners?
• There are benefits: federal and state tax
incentives, stable property values, more
process for development in your
neighborhood.
• There are obligations: get permission before
working; maintain your property.
• Know whether building is landmarked or
calendared – check BIS or contact LPC.
• If building is neither landmarked nor
calendared, you may still want to contact LPC
to see if we are considering it, either
individually or as part of a district.
32. What Does Designation Mean for Potential Owners?
• If building is calendared, DOB will
not issue a permit for 40 days,
thereby giving LPC opportunity to
review and potentially designate.
• If building is designated, check
designation report. Report will
detail significant features and, if
building is in district, whether
building contributes to district.
• If building is considered to be
contributing to the district, it must
remain.