THE NEW YORK CITY LANDMARKS PRESERVATION COMMISSION 1 CENTRE STREET 9TH FLOOR NORTH NEW YORK NY 10007 TEL: 212 669-7700 FAX: 212 669-7780 PERMIT CERTIFICATE OF APPROPRIATENESS

ISSUE DATE: EXPIRATION DATE: DOCKET #: COFA #: 07/16/2003 07/15/2009 03-6619 COFA 04-0359

ADDRESS BOROUGH: BLOCK/LOT: 945

HISTORIC DISTRICT 1389/50

Display This Permit While Work Is In Progress ISSUED TO: Marvin Suchoff, CFO The Whitney Museum of American Art New York, NY 10021

Pursuant to Section 25-307 of the Administrative Code of the City of New York, the Landmarks Preservation Commission, at the Public Meeting of July 15, 2003 following the Public Hearing and Public Meeting of June 24, 2003, voted to grant a Certificate of Appropriateness for the proposed work at the subject premises, as put forward in your application completed on May 29, 2003.

The proposal, as approved, consists of permanently retaining a 28 foot high banner pole featuring three vertical banners which was approved as a temporary installation at the south side of the entrance bridge on Madison Avenue pursuant to Certificate of No Effect 02-5040, as shown in existing condition photographs and an elevation drawing dated June 16, 2003, submitted as components of the application by Lucia Esposito, The Whitney Museum of American Art, and presented at the Public Hearing and Public Meetings.

In reviewing this proposal, the Commission noted that the Upper East Side Historic District designation report describes 945 Madison Avenue as a Modern style museum building designed by & Associates and built in 1964-66; and that the building's style, scale, materials and details are among the features that contribute to the special architectural and historic character of the Upper East Side Historic District. The Commission further noted that Certificate of No Effect 02-5040 was issued March 11, 2002 approving the temporary installation of the banner pole featuring vertical banners at the south side of the entrance bridge.

With regard to this proposal, the Commission noted that the installation of the banner pole has not caused damage to any significant historic fabric of the building; that the size of the pole and banners is well-scaled to the facade and relates harmoniously with the proportions of the building; that the design of the banner pole with stepped banners of different lengths is evocative of the design of the building, further enhancing its relationship to the facade of the building; that the location of the banner pole aligns with the original flagpoles, thereby creating a uniform treatment for these fixtures; that because of the location of the pole within the front plaza, set back from the property line, the banner pole does not obscure or detract from the significant architectural features of the historic rowhouses adjacent to the museum and does not call undue attention to itself in the streetscape; and that the work does not diminish the special architectural and historic character of the building or the Upper East Side Historic District. Based on these findings, the Commission determined the proposed work to be appropriate to the building and to the Upper East Side Historic District, and voted to approve it.

This permit is issued on the basis of the building and site conditions described in the application and disclosed during the review process. By accepting this permit, the applicant agrees to notify the Commission if the actual building or site conditions vary or if original or historic building fabric is discovered. The Commission reserves the right to amend or revoke this permit, upon written notice to the applicant, in the event that the actual building or site conditions are materially different from those described in the application or disclosed during the review process.

All approved drawings are marked approved by the Commission with a perforated seal indicating the date of approval. The work is limited to what is contained in the perforated documents. Other work or amendments to this filing must be reviewed and approved separately. The applicant is hereby put on notice that performing or maintaining any work not explicitly authorized by this permit may make the applicant liable for criminal and/or civil penalties, including imprisonment and fines. This letter constitutes the permit; a copy must be prominently displayed at the site while work is in progress. Please direct inquiries to Sarah Carroll.

Robert B. Tierney Chair

PLEASE NOTE: PERFORATED DRAWINGS AND A COPY OF THIS PERMIT HAVE BEEN SENT TO:

PAGE 2 Issued: 7/16/03 DOCKET: 03-6619