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Dealing with Landmark Buildings for Retailers

Sutton Square Group

Many buildings in popular areas such as the West Village and Soho for example, are categorized as Landmark. As a retail Tenant, leasing a Landmark building comes with its owns sets of restrictions related to construction and permits. In this memo, we will focus at the construction permit application process when leasing a landmark building.


BRIEF LANDMARK OVERVIEW


The Landmark Preservation Commission (LPC) was created in 1965 by Mayor Wagner in response to the losses of historically significant buildings in NYC, including Pennsylvania Station. The agency is comprised of a panel of 11 commissioners and around 80 staff members composed of historians, architects, attorneys, archeologists and administrative employees.


In NYC, the LPC assigns the Landmark designation to buildings with a special character, special historical value and special aesthetic interest.


Even though in terms of construction permit it doesn't change anything, Landmark Buildings can fall into 2 categories:


a) Landmark as part of a Historic District

b) Individual Landmark


Unlike non-Landmark buildings, Landmark buildings often require special permits before some specific alterations of the building. More precisely, when a building is designated as Landmark, a Tenant will most likely require a LPC permit if he plans on modifying the retail.


There are 2 types of permits:


a) the Staff Level Permits which include work that conform with the Rules of the LPC.

b) The Landmark Preservation Commission Permit



THE LPC APPLICATION PROCESS



THE STAFF-LEVEL PERMIT


If someone has to deal with the LPC, the staff level permit is the best way to go. This permit constitutes 95% of the LPC permit approvals and doesn't require a public hearing by the full Commission.


The Staff Level permits include:


a) Permit for Minor Work (PMW): this permit is issued when the proposed exterior work does not require a DOB permit and is found to be restorative or appropriate, such as repairing brownstone or window replacement. Once your application for this permit is complete, the LPC is required to issue a permit within 20 business days.


b) Certificate of No Effect (CNE): This permit is issued when the proposed work requires a DOB permit and the work is found to have “no effect” on protected architectural features, such as facade restoration (Local Law 11), barrier-free access ramps, creating new window openings, or rooftop mechanical equipment. Once your application for this permit is complete, the LPC is required to issue a permit within 30 business days.


THE LANDMARK PRESERVATION PERMIT


In the 5% of cases in which the proposed permit does not conform the LPC rules, the staff might suggest ways to conform to the rules, otherwise, a public hearing before the local Community Board and the LPC is needed. Some examples of work that might require a C of A are:


a) Addition

b) Demolition

c) New Construction

d) Removal of stoops cornices, and other significant architectural features


The first step to get to the public hearing is to apply for a Certificate of Appropriateness (C of A) for the proposed work. The C of A application requires a presentation with some of the followings:


a) architectural drawings

b) photographs and/or material samples that explain the proposal


When applying for a public hearing it usually takes one to 2 months before receiving a public hearing date.


Community Board Presentation


Before presenting the project to the LPC, applicants must present their project to the community board.


The community board will send a letter to the LPC stating if the board support, opposes or recommends a modification to the application.


However, the board recommendations are not binding and the LPC can disagree with the community board.


LPC Public Hearing Presentation 


The goal of the public hearing is to articulate why the proposed work is appropriate. Following the hearing, the panel of 11 LPC commissioners discuss the application and can either make a decision at that time or at a later public meeting.


The commission assesses the impact of the proposed work on the building's appearance and character to determine if the project is so called appropriate.


Once the LPC approves your application, the applicant will receive the C of A permit.



Resource:


Map of Landmark Buildings:


Examples of Presentation before the LPC







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