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

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.

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.

Departments at LPC

ArchaeologyThe 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.

ResearchThe 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. PreservationThe 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 ReviewThe 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..

EnforcementThe Enforcement Department ensures compliance with the Landmarks Law.

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

Categories of Designated Landmarks

Individual LandmarksBuildings and Structures

Historic DistrictsAreas 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

Categories of Designated Landmarks, cont.

Scenic Landmarks City-Owned Public Spaces

Interior Landmarks Customarily Accessible to the Public

Central ParkDesigned 1858, Olmsted & Vaux

Loew’s Paradise Theater,Bronx

Manufacturers Trust Company, 510 Fifth Avenue, Manhattan

Morningside ParkDesigned 1873, Olmsted & Vaux

Examples of Designated Landmarks

Individual Landmark: Former Police HeadquartersDesignated in 1978

Crown Heights North III Historic DistrictDesignated in March 2015

Location of Crown Heights neighborhood, Brooklyn

Outline of recent designated district (in red)

Homes on Revere Place, Crown Heights North III

1474 Pacific Street

1030 Park Place

1517 Pacific Street

Former Sharri Zedek Synagogue, corner of Park and Kingston

Lincoln Place Virginia Place

Interior Landmark:Bronx Loews Paradise Theater

Scenic Landmark: Central ParkDesignated in 1974

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

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.

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.

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.

LPC Public Hearing ProcessWhen proposed work requires review by the Commission

• The project must be shown to thelocal 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.

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.

Expedited ApprovalsTwo 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.

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

Impact of Landmark Designation on Property OwnerLandmark 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.

Impact of LandmarkDesignation 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.

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.

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.

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.

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

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).

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.

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.

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.

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.