BY DONNA KLEIN, nyarm

On Wednesday, October 25 more than 70 members and friends of the New York Association of Realty Managers (NYARM) met at Frank's, a favorite west side steakhouse for the organization's regular monthly membership meeting. The evening's guest speaker was Mark Silberman, counsel to the Landmarks Preservation Commission.

Jennifer Raab is the current chairman of the Landmarks Commission. In fact, she is the longest sitting chairman (six years) since the inception of the Commission in 1965. "One of her principal accomplishments is the depoliticization of the relationship between the Landmarks Commission as a regulatory body and owners and managers' property that comes under our jurisdiction. We believe strongly that there is a very cooperative relationship that can, and should and we believe, now does exist between owners of landmarked property and the Commission to work together to preserve New York's very important cultural, historic and esthetic heritage and at the same time allowing it to change over time," stated Mr. Silberman.

Mr. Silberman expressed his pleasure at being asked to speak to the group of managers because he feels that real estate professionals have an obligation to educate and become educated on what it means to be landmarked. It is also the responsibility of the Commission to educate owners and tenants on the significance of owning and living in a landmarked property.

The Landmarks Commission regulates a significant portion of Manhattan including Greenwich Village, the Upper East and West sides as well as Brownsville Brooklyn. In total the Commission oversees more than 25,000 properties, 74 historic districts, nine scenic landmarks and 94 interior landmarks. The Commission was created in 1965 in response to the public outcry over the demolition of the architecturally distinguished Penn Station in 1963. It was determined that the city's architectural, historical and cultural heritage needed protection.

TYPES OF LANDMARKS

The Commission designates property for protection under the landmarks law and then regulates the sites in compliance with the law. There are four different types of landmarks: individual landmarks, interior landmarks (publically accessible interior spaces), scenic landmarks (i.e. Central and Prospect Parks) and historic districts. Eleven commissioners, appointed by the Mayor for three year terms, comprise the Commission. They serve on a volunteer basis. According to Landmarks Law, three of the Commissioners must be architects, one historian, one city planner or landscape architect and one realtor. There must be at least one resident of each borough on the Commission as well. Mr. Silberman confided that they try to include a person affiliated with a religious organization as so many landmark sites are houses of worship.

CHANGE IS OKAY

Designation is the easy part of the equation. Regulating the property and maintaining the City's esthetic past while acknowledging change and technology has its place is the challenge. "It is not the intent of the Commission that landmarked properties remain unchanged, but the change however, as required by law, has to be appropriate," stated Silberman.

Mr. Silberman described coming before the Commission as an "advocacy forum." A contractor or owner has to make the argument that the change, improvement or renovation that is being proposed for the landmarked property is "appropriate" and is in keeping with the historical, esthetic and cultural heritage of the building in relation to the district it is in.

There are three types of permits: two types are easily approved permits for interior, minor work that does not require a Department of Buildings permit. A Certificate of No Effect is for a similar type of work that has no effect on protected, architectural features but does require a DOB permit.

VISIBLITY CONCERNS

The Landmarks Law creates a very, tight regulatory relationship between the Commission and the DOB. But the DOB is absolutely prohibited from issuing any permit for work on a landmark unless the Commission approves. The Commission is mainly concerned with "visibility" from street level, in other words what the pedestrian can see. Areas of a landmark not viewed from the street (i.e. roof tops, backs of buildings) will most often be granted renovation permits with little to no dispute.

The third type of permit, Certificate of Appropriateness (C of A), is the one that goes to the full Commission at a public hearing for approval and this is for visible work. Appropriateness is the key. If you can prove that the changes you propose for a property are within the cultural heritage of the building and its surrounding district more often than not, approval will be granted.

The Landmarks Law requries that a public hearing be held for each C of A application. At least six Commissioners must vote in favor of an application in order for it be approved. Notice of each Landmarks Commission hearing is published in the City Record for ten days before the hearing. Community Boards are notified of applications affecting properties in their districts.

The hearing affords the applicant to justify the proposed changes/alterations to the landmarked site. The public is invited to comment on the proposed work as well. In many cases, the Commissioners discuss and vote on a C of A application the same day of the hearing.

Mr. Silberman discussed a "master plan" application which establishes a building-wide standard for future changes to specific building elements. An application can be made for a master plan permit for commercial or residential buildings to cover two types of work: frequent changes to the same part of the building (i.e. storefronts) or work which may take several years to complete (i.e. windows).

The Landmarks Preservation Commission is on the world wide web at www.ci.nyc.ny.us/html/lpc/home.html. They are located at 100 Old Slip, New York, NY 10005, 212-487-6800.