A CALL TO ACTION!
LPC Approves Rooftop Penthouse Additions on Apthorp
Landmark West is issuing
a call to action to all its members. It is time to email, snail mail,
twitter or phone anyone and every one in City government. Tell them that
freezing out the Public is unacceptable.
- On Tuesday, August 12, 2014, the “11 member” Landmark Preservation Commission appointed by the Mayor voted 6 to Zero to permit the developer to, among other things, permanently deface the rooftop pergolas of the Apthorp Apartments, an architectural gem by Clinton & Russell.
- When told of this decision of the LPC, Andrew Dolkart, Director of Historic Preservation Program, Columbia University GSAPP, opined: "I continue to feel that this proposal will have a negative impact on a major landmark building. The open pergolas are a major part of the design and their character will be seriously compromised for no other reason than to give the owner additional income.” (August 13, 2014)
- The Apthorp was designated an individual landmark by a more preservation friendly LPC in 1969, just 4 years after the LPC was established.
- The
pergolas are a key component of this unique structure. The plan
approved by the current LPC would allow the developer to fill in the
pergolas and connect them with shed like structures to add additional
units thus destroying the open design. (See image below)
- This decision of the LPC is particularly shocking in view of the damage that it allows to be done to this architectural gem in the fact of wide spread opposition from architects, preservation advocates and neighborhood residents and residents of the Apthorp. It is not the first such decision nor will it be the last to benefit developers while destroying the City's cultural and architectural heritage.
- The offensive procedural short cut the LPC used to freeze out the public and shut down opposition to the plan that was ultimately approved is part of a systemic attack on the right of the public to have an opportunity to provide effective and timely input on land use decisions that will affect their neighborhoods. It is time we all stand up and object. Tell the LPC, the Mayor and the City Council that locking the public out is unacceptable.
- The protection afforded to landmarks in the City by the Landmark Law can no longer be taken for granted. It is being eroded by the very agency empowered to provide it.
- The time to object to this procedure is now, not when it has resulted in the destruction of the integrity of yet another architectural icon. It is time for you to contact everyone in City government, write the mayor, call your council member, email a member of the LPC or tweet them. Tell them it is time to stop excluding the public from land use decisions. It is time to stop treating citizen input as an obstacle. It is time for our elected and appointed officials to listen to us! Do it NOW!
Below,
take a look at our discussion of this process
that puts every landmarked building and historic district at risk:
The decision to issue a
Certificate of Appropriateness to the Apthorp developers is substantively wrong
and inconsistent with the charge of the LPC. The LPC doesn’t even have its full
compliment of 11 members. Only 8 members are currently serving. Two
out of the 8 current members chose not to attend this meeting. Again
shocking but not unusual. Some of the majority who voted for the approval of
this inappropriate plan, including the new Chair Meenaksi Srinivasan, hadn't
even attended the one and only
Public Hearing on the initial
plans offered by the applicant. As result, the Chair had not heard any of the
input from the public. But the LPC chose not to hold another Public Hearing
on the new plans.
The procedure used by the LPC to issue the
Certificate of Appropriateness to the Apthorp's developers can be
summarized as follows. In
this procedure, applicants file their plans with the Commission. The
Commission holds a Public Hearing on the initial plans. Those plans are
commented upon by the Commission, Community Board, architects, and the
public at the initial Public Hearing. After closing the hearing, the
Commission discusses the plans and informally declines to grant the
Certificate but does not formally reject the plans. Rather, the
Commission directs the applicant to come back with new plans and discuss
them with the staff. Once the new plans are received, the Commission sets
a Public Meeting. (As you know, a formal rejection would
require the applicant to re-file and trigger the scheduling of a Public Hearing
on the new plans.) The period between the Public Hearing on the initial plans and the Public Meeting on the new plans can be months or
years. The amendments
to the initial plans can be substantial or the new plans presented to the
staff can be nothing less than a totally new proposal that bears little
resemblance to the initial plans that were the subject of the Public Hearing.
There can be multiple redrafts
of the plans, multiple private meetings between the applicant and the LPC
staff and multiple Public
Meetings at which only the applicant and its lawyers,
architects and their other representatives speak to the Commission but no more Public Hearings. The public is frozen out.
Our research indicates that there is no rule or
statute that provides for this procedure. In an informal conversation with
a lawyer for the LPC, it was agreed that there is no such rule. He
observed however that allowing applicants to proceed in this way “moves the
process along”. We have no doubt that “moving the process along” may occur;
however, the key problem here is that a Public
Hearing at which the public may speak has been jettisoned for the purpose of “streamlining” the
procedure in favor of the applicant, not
for the purpose of Preserving the Landmark Building.
In discussions with experienced preservation
advocates, we have determined that this procedure just seemed to appear
out of nowhere and that it is now being used with virtually every set of
plans about which the Commission has any concerns. In short, the
Commission rarely rejects any plan outright. It is our opinion that this
procedure has been structured to allow applications to avoid public
scrutiny and to quote from Andrew Dolkart's comment on the
Apthorp decision "for no other reason that to give the owner
additional income." In our opinion, this
"streamlined" procedure is in direct conflict with the language
and the spirit of the LPC rules, the legislation that established the
LPC as well as the Open Meeting Law. Its continued use by the LPC
puts each and every landmarked building and historic district at risk. The time to object to this
procedure is now, not when it
has resulted in the destruction of the integrity of yet another architectural icon. It is time for you
to contact everyone you know in City government, write the mayor, call your
council member, email a member of the LPC or tweet them. Tell them it is time to stop
excluding the Public from land use decisions. It is time to stop treating
citizen input as an obstacle. It is time for our elected and appointed
officials to listen to us!
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