Ask Habitat: What Is the Landmark Process for a Modern Building in a Historic District?
Feb. 9, 2015 — A READER ASKS: I serve on the board of a 13-story cooperative, and we are planning a series of major capital improvements in the next five years. The renovations include façade restoration work, roof repairs, a limited heating upgrade, replacing some of the windows, and minor changes to the lobby. Although the building is contemporary in style, it is located in a historic district, so we know we will need landmark permits. I read your Spotlight piece on the types of permits the LPC issues, but I am wondering the types of restrictions that we might expect the LPC to impose on the work we plan to do. Is approval required only for the exterior projects or for the interior work as well? Do we have to keep the building's appearance exactly the same or are visual changes allowed?
HABITAT ANSWERS: Contemporary-style buildings in historic districts are not required to alter their designs to look "old-fashioned." The main concern of New York City's Landmarks Preservation Commission (LPC) is that such recently built properties fit in with the scale and character of the overall district. But a modern building will not be asked to install elements of an earlier era, such as multi-paned windows, if they were not part of the original design.
Similarly, the LPC does not require alterations be made to a property if it doesn't plan to make any. For example, if a building has a highly visible and historically inappropriate addition, such as a roof deck installed before the property or district became landmark-protected, the LPC will not force the owner to remove it. But if the owner plans on repairing or making changes to the deck, then the LPC would require that the renovations make the installation less visually intrusive and more in line with the rest of the building and the district.
Although the LPC does not require buildings to make unplanned alterations, it does require that owners maintain their properties so that historical features are not lost and the building is not subject to "demolition by neglect." This rule is similar to the buildings department requirement that all New York City buildings be maintained in a safe condition.
When applying for an LPC permit, the commission will request documentation of the existing conditions, including as-built drawings, current photos, and photographs of the building's historic origins (if available), as well as plans and a written scope of work of the proposed changes. Material samples or presentation boards may also be required. The commission assigns a staff member to handle each case, and he or she may suggest that the building owner and/or its engineer or architect meet at the commission's office to review the proposed changes in detail. A meeting at the property may also be requested, and sometimes a prototype or mockup of items such as railings or wood decks must be temporarily put in place for review.
Co-op and condo boards planning a series of frequent changes to the same part of the building or related work that will take several years to complete can submit a "master plan" to the LPC, establishing a building-wide standard for future changes to specific building elements. Before beginning the actual work, however, an application still must be filed identifying the work items to be performed and showing that they will conform to the overall plan. But no drawings or public hearing will be needed, because the master plan has already been approved. A master plan does not limit other type of work — even changes not part of the plan can still be proposed, but those items would have to undergo the regular LPC review.
The LPC may object to proposed changes for a variety of reasons. For example, if the replacement item for an ornamental element does not accurately replicate the existing detail, or replacement windows significantly diminish the glazing area, then the planned alterations would have to be modified. The commission provides guidelines for most types of projects and lists options for approved materials and items if the proposed work does not pass muster. In general, cementitious products, such as cast stone, are preferred over artificial materials, and wood trim should not be covered with vinyl or capped with metal. Some composite materials, such as glass-fiber reinforced concrete, may be an acceptable replacement for decorative elements difficult to replicate in the original material, such as terra cotta.
Boards should be aware that the approval process does not happen overnight, so the necessary documents, photos, and paperwork should be submitted as early in the process as possible. According to the LPC, a Permit for Minor Work takes roughly 20 working days to process, a Certificate of No Effect, 30 working days, and a Certificate of Appropriateness, 90 working days. The time varies depending on the number and type of changes being proposed and whether a visit to the site is necessary. Revising proposed alterations to address LPC objections will also add time to the approval process.
Boards should also inform residents and commercial tenants that the building is subject to landmark laws and that all individual apartment alterations need to be approved before work begins.
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