OCULUS on current architecture

The New York Chapter of the American Institute of Architects Volume 44, Number 4, December 1982

The Old Merchan t 's House, 1832, at Christmas tim e. (Photo: Stan R ies/ESTO) page2 Oculus OCULUS Chapter Reports Names and News

Volume 44, Number 4, December 1982 by George Lewis Oculus Meeting with George Notter "American Architecture-A Living Editor: C. Ray Smith Several Chapter officers and past Heritage': is to be the theme of AIA's Managing Editor: Marian Page officers met in October with George 1983 National Convention in New Art Director: Abigail Sturges Notter, who will be AIA president in Orleans, May 22-25. It will include the Typesetting: Susan Schechter 1984, and with David Meeker, AIA exhibition, "America's City Halls" The New York Chapter of executive vice president, to go over celebrating the 50th anniversary of the American Institute of Architects some Chapter-AIA matters, HABS ... Romaldo Giurgola lectured 457 , particularly the upcoming 1985 on the Parliament House in Canberra New York, New York 10022 national convention. A preliminary at Columbia's Avery Hall in October 212-838-9670 committee, Peter Samton, chairman, ... Norman Pfeiffer and Arata Isozaki had blocked out proposals to take spoke at a symposium, "Who Designs George S. Lewis, Executive Director wide-ranging advantage of New York's Museums," at the ArtTable October Cathanne Piesla, Executive Secretary resources, including involvement with program in Sotheby's redesigned Executive Committee 1982-83: other organizations. Because such a building at 72 Street and York Avenue Arthur I. Rosenblatt, President convention will require careful local­ .. . Perkins & Will are the designers of Theodore Liebman, First Vice President national cooperation, Meeker a new addition for New York Hospital Richard Hayden, Vice President volunteered to come to New York in now under construction on the north Terrance R. Williams, Vice President December to lay the groundwork. end of the main building ... The Alan Schwartzman, Treasurer RESTORE program for the teaching of Doris B. Nathan, Secretary Other matters discussed included restoration training and preservation Joseph Bresnan "Directions '80s" emphasis on greater skill, which has been sponsored by the F. Eric Goshow local responsibility for services to Municipal Art Society since 1976, John A. Hagmann Nancy A.T. Miao members and how that could be became an independent organization Stuart K. Pertz funded and implemented, as well as in October still under the direction of Mildred Schmertz plans for central point dues billing Jan C.K. Anderson and located at 19 now that the AIA has a greatly West 44 Street ... Hardy Holzman NYC/AIA Staff expanded computer capability. Pfeiffer have been named architects Carol Jones for a proposed $8.5 million sports Jeannette Manzo Practice A broad center at Wellesley College ... Eileen McGrath At a well-attended meeting of the Kenneth Frampton joined Stanford Overseas Practice Committee, Robert Anderson and Kurt Foster of MIT's © 1982 The New York Chapter of the American Institute of Architects. Kupfer of Turner International called School of Architecture and Planning attention to the lack of support in last month in a symposium on The Washington for American Sketchbooks of at The construction abroad. He pointed out National Academy of Design ... The that although U.S. technology is Landmarks Preservation Commission superior and its design professions has unanimously approved the overall more adaptable in situations requiring design for the Pier 17 building in the cooperation among strangers, and South Street Seaport Historic District although other countries, such as ... Robert A. Djerejian and Frank J. Japan, France, and England Waehler, managing partners of Haines vigorously promote exporting their Lundberg Waehler, delivered keynote construction capabilities, this country, addresses at AT&T International where construction is the largest Headquarters in Basking Ridge, New industry, is neglecting the opportunity Jersey, to discuss "Teamwork­ to create many new jobs and to Internal and External." ... John J. redress the balance of payments. Chaloner has joined The Gruzen Partnership as a director and the Interior Design manager of its Interiors and Graphic The new Interiors Committee, of Design Departments ... Beyer Blinder which a steering group, chaired by Belle along with Anderson, Notter, Kenneth van der Kolk, has been Finegold Inc. of Boston and planning meetings, has attracted Washington, D.C. have been appointed considerable attention from interior consultants for the rehabilitation, designers in architectural firms­ restoration, and preservation of Ellis designers who have not to date had a Island by the mutual forum. There will be an open ... Swanke Hayden Connell have been cont'd. p. 10, col 1 commissioned by Lloyds Bank cont'd. p. 10, col 1 Oculus page3 CRISIS IN PRESERVATION

by George J. McCormack Editorial by Ralph C. Menapace, Jr. I have been asked to beard the lion in Architectural landmarks are being At the next session of the New York its den by presenting the other side of threatened in a concerted effort now State Legislature, legislation will be the landmarking issue in the very and the entire Preservation introduced that would, in effect, forum of those who most appreciate movement is consequently more and exempt properties owned by religious architectural beauty. As a person who more embattled. It is a threat waged organizations from any mandatory also delights in our architectural on three fronts-or three strata of regulation under the landmarks heritage, I feel doubly hesitant in interest and concern-and the preservation laws enacted by New taking up my pen. Yet I have in recent profession of architecture should be York City and dozens of other months come to believe that if the in distinguishing each of the municipalities throughout the State. proponents of unrestrained three: Legislation to this effect was landmarking are permitted at whim to introduced at the last session of the sequester private property without At the most particular or smallest Legislature but was not acted upon; it compensation and thereby to put the scale is the series of criticisms and appears almost certain that it will be cause of historic preservation above complaints against the NYC reintroduced at the coming session. the often desperate human needs of Landmarks Preservation Commission, The intent and effect of the proposed our people, we will have unwittingly which is accused of being a design jury legislation would be to permit religous bred an antisocial monster. The that architects must submit to in front organizations to exploit commercially inevitable reaction will increase of their clients and which is also the unused development potential of alienation between the rich and poor accused of reviewing ab ovo at each landmark properties owned by them and will irreparably harm even the round of review so that the process, free of the restrictions to which other legitimate claims of those who, like they say, becomes "outrageously and owners of landmark properties are myself, genuinely value our cultural unnecessarily" lengthy and costly. In subject. I submit that there exists no and architectural heritage. addition, critics of the LPG claim that basis in law or in policy that would more landmarks than deserve support such a radical- and I say sequester property "at whim" preservation have been designated­ potentially unconstitutional-reversal because the landmarks far beyond what we need to preserve of long-standing public policy. law has no meaningful criteria for a record of civilization or continuity. determining what is of landmark The proponents of the legislation­ quality. Any building over 30 years old In the middle stratum is the organized principally an interfaith commission that has "special character" can be and consolidated campaign to remove appointed by the Committee of landmarked. Every building in town all religious buildings from Religious Leaders of the City of New built before 1952 meets this non­ Landmarking consideration. This York- have advanced three principal standard. I would propose that the law battle will be waged over a bill that arguments in support of the be changed to provide that a building will, it is anticipated, be presented in legislation: (1) that landmark can be landmarked only if it is over 75 the New York State Legislature this regulation is "tantamount" to years old, if it has been continuously year. condemnation and that it is and publicly recognized as a prime unconstitutional to impose such example of certain specified standards Both of these campaigns are waged regulation on a property without of historic or aesthetic preeminence, here also in the following articles by compensation to the owner; (2) that and if there are no other already George McCormack and Ralph landmark regulation as applied to landmarked buildings of similar type Menapace. properties owned by religious in the City. organizations violates the First Third, both of the above campaigns Amendment's prohibition on state I say sequester property "without ultimately threaten to weaken the interference with the free exercise of compensation" because landmarking entire cultural movement of religion; and (3) that the hardship can destroy or seriously impair the preserving the architectural heritage provisions of the landmarks law market value of a property. If a of this country. applicable to properties owned by non­ building on a site having development profit organizations are "inherently value is landmarked, a large part of Architects must clearly distinguish defective" and that as a practical the value of the site may be destroyed. these three issues and weigh them matter religious organizations are In fact, if the landmarked building is against the mandatory support of the denied "even the extremely limited no longer useful, mere ownership of profession for its own historical relief [the Law] allows to commercial the site may become a liability. This record and continuity. If architects do organizations." The first two goes far beyond the minor costs of not take the lead in defending their assertions are flatly contradicted by every owner's obligation to comply own heritage, the lesser informed authoritative decisions of the highest with fire, health, and safety laws. If it public can have no model, teacher, or Courts of the State of New York and of is really in the public interest to leader to follow in this crisis war. the United States; the third assertion convert a building into a monument to Discernment, discrimination, and - insofar as it is directed at the cont'd. p. 4, col 1 support are essential now. cont'd. p. 5, col 1 page4 Oculus

George J. McCormack

cont'd. from p. 3 district. Again, this extraordinary the property would produce a history or to architecture (and I burden of landmarking argues for fair reasonable return without the believe this often is in the public compensation to the owner. alteration or demolition of the interest), the public should pay for it. I landmarked building. Since it is, propose that the landmarks law be A Sovietesque characteristic of the almost by definition, the presence of amended to provide that the owner of Landmarks Commission is that tl}e landmarked building that is a landmarked building shall be owners and their architects appear preventing development, it is hard to compensated for any loss in the before it for a hearing on an issue on imagine how such a plan will ever be resultant value of the landmarked which the Commission has already devised. After the requisite time has site. Of course, the City always has the reached a conclusion. The Commission elapsed, the City then has 90 more right to condemn (purchase) a building has a professional staff that days in which to exercise its right to for fair value. preliminarily researches every buy the facade easement and thus, for building proposed for landmarking to a nominal price, fossilize the entire Critiques of Commission determine whether it is of landmark building just as if it had remained Procedure quality. Five of the eleven landmarked! No developer would walk Spokespersons for the aesthetic Commission members are required to into such a can of worms, and thus the community maintain that the be professionals in architectural and market value of the site will have been responsibilities of the owner of a related fields. Only if the Commission destroyed or almost destroyed by landmarked building are no heavier accepts its staff conclusion that the landmarking. I would suggest that the than those of any other owner who building is of landmark quality does it landmarks law, as to non-tax exempt must maintain his building in calendar the building for a hearing on properties be amended as follows: accordance with fire, safety, and the very issue on which it has already (1) the hardship rate should be based health laws. This is quite deceptive reached a conclusion. This is the on market value, not on the because a non-landmarked owner may system known as "inquisitorial notoriously arbitrarily low assessed paint his building a different color, put jurisprudence" and it is repugnant to value and the rate should reflect up a wooden fence to replace an iron the Anglo-American concept of current economic realities; (for fence, or alter or demolish his building "adverse-party jurisprudence," which example, Con Edison's rates are, I without having to go through an calls for the presentation of a case bv believe, currently pegged to a 13 1/2 % onerous, time-consuming, demeaning, two opposing parties before a neutral return on the market value of its real and often unsuccessful procedure to tribunal that has not already property); and (2) if hardship is shown, get the prior approval of the examined the question and reached its the property should be immediately Landmarks Commission. I say own conclusion. I propose that the de-landmarked, and without waiting demeaning because, as a professional City landmark laws be changed so that for the devising of an alternate plan. person, I suppose it must be the Commission shall consist of eleven The City, of course, always has the extremely humiliating to an architect, members, at least one from each right to condemn for fair value. having presented his plan before the Borough, (as is now the case), but none Landmarks Commission, to be told, in of whom need be of any particular As a spokesperson for the Landmarks the presence of his client, that for this profession, and that there shall be no Commission recently said, the historic district the building should prejudgment of the issue by means of Commission operates "with blinders have pink bricks instead of yellow or a prior staff study. A preservationist on" in that when a property is three arches instead of four. And group could then propose a building calendared for landmarking, the when he humbly comes back with his for landmarking and present the Commission cannot consider hardship revised plans to this governmental testimony of its own architects and or any other issue except aesthetic design jury, the architect is likely to architectural historians, and the merit. The owner is thus forced to find that everything is "de novo" and owner could rebut on the evidence of start a separate procedure later to that mauve brick has now become de his own architects and architectural prove hardship. I would suggest that rigueur for the historic district in historians. the blinders be removed and that the question. His professional status is landmarks law be amended to provide debased in a hopeless cause. In order If the owner of a non-tax exempt that on the hearing for initial to recognize the professional status of building wants to get his building de­ designation the Commission be architects I suggest that the City landmarked so it can be demolished required to weigh all evidence, landmarks law be changed to provide and the site developed, he must prove including that of existing, resultant, or that a professional architect's plan "hardship," generally defined as an future economic hardship. shall be accepted unless the annual net return of less than 6% of Landmarks Commission can show by a the assessed value of the property. At present, if the Commission preponderance of the evidence that Even if hardship is proved, the landmarks a building, its decision is the architect made no reasonable, development is held up for months to reviewed by the Board of Estimate. good-faith effort to complement the give the Landmarks Commission time The Commission has taken the historic character of the building or to devise an alternate plan whereby cont'd. p. 8, coL 1 Oculus page 5

The Church of St. Paul and St. Andrew on West End Avenue and 86th Stree t by R.H. Robertson & WA. Potter, 1895. (Photo: Stan R ies/ESTO)

upholding the landmark designation of the meeting house of the Ethical Culture Society.

The court there held that when a religious organization elects to embark on a secular activity such as commercial development of its property (in that case, a proposed high-rise apartment house), it is subject to the same land-use regulations as any other landowner. This principle has been repeatedly applied by the Courts, including the U.S. Supreme Court, in a wide variety of contexts to require religious organizations when engaged in commercial activities to comply with public regulations affecting such activities without regard to personal religious beliefs. Obviously, the fact that the religious organization's share of the proceeds of the commercial real estate development- after the developer takes his cut- will be used for the upkeep of the church or the conduct of its charitable activities does not convert the commercial activity into a religious exercise any more than the fact that the proceeds opportunity to exploit the full of a bingo game that go to the upkeep Ralph C. Menapace, Jr. development potential of their of the church exempts the game from cont 'd. from p. 3 properties. In short, the owner of a gambling laws of general application. landmarks law of the City of New York landmark structure does not have a - is based on misreading of the terms constitutionally protected right to the Indeed the position asserted by the of that Law and a complete disregard "highest and best use" of the property. proponents of the legislation-that for the decisions of the Courts in religious organizations be relieved of applying the Law and the actual It is not enough for the owner of a regulations imposed on all others experience of non-profit organizations landmark property - whether a engaged in commercial real estate under the Law. religious organization or a commercial development-would, if adopted, raise developer-to assert simply that it a quite different constitutional issue. The constitutionality of landmark could make more money from the That is, whether the First regulation- both in terms of historic property if he were permitted to Amendment's prohibition on district regulation and regulation of destroy or deface the landmark. As establishment of religion and the 14th individual landmarks- has been discussed below, he must, however, be Amendment's equal protection clause upheld repeatedly and consistently by permitted to proceed with permit religious organizations alone to the courts. The U.S. Supreme Court in redevelopment if an adequate showing be exempt from laws that properly its decision in the Grand Central of hardship can be made, i.e., if he can, govern all other elements in our society. Terminal case upheld the application in effect, show that the landmark is no of the New York Landmarks Law to longer economically viable. Economic Hardship prevent the construction of an office As indicated above, statutory schemes tower on top of the terminal even The First Amendment Issue of landmark regulation must provide though this deprived the railroad of The contention that landmark for relief from regulation for owners of potential additional revenue of several regulation as applied to properties landmarks in cases of economic million dollars a year. The Court held owned by religious organizations hardship. The landmarks law of New that land-use regulations designed to violates the First Amendment is York City contains such provisions. If preserve landmark structures are equally groundless and was expressly the landmark property is subject to valid even though their application rejected by the New York Court of real estate taxation- roughly may deprive the owners of the Appeals in its decision in 1980 cont'd. p. 9, col 1 OCULUS NYC/AIA DEC 82 CONTINUING EVENTS Oculus welcomes information for the HELMUT JAHN PRECURSORS OF POST THE BIRTH OF NEW YORK: BONJOUR MONSIEUR LARTIGUE calendar pertaining to public events about Exhibition of recent work. Yale Art & MODERNISM NIEUW AMERSTERDAM 1624-1664 Exhibition of photographs taken architecture and the other design Architecture Building, 180 York St., Photographs of Milanese architecture Exhibition. The New York Historical between 1902 and 1939 by Jacques­ professions. It is due by the 7th of the New Haven. 203-436-0853. Closes 1920s and 30s. The Architectural Society, 170 West. Henri Lartigue. International Center month for the following month's issue. Dec.3 League, 457 Madison Ave. 753-1722. 873-3400. Closes Dec. 31. for Photography. 1130 Fifth Ave. at Because of the time /,ag between Closes Dec. 18. 94 St. 860-1783. Closes Jan. 9. information received and printed, final HASSAN FATHY SCANDINAVIAN MODERN: 1880-1980 details of events are likely to change. It is Exhibition. Columbia Graduate MEMORIAL EXHIBITION Exhibition of furniture, ceramics, JAPANESE BUDDHIST SCULPTURE recommended, therefore, that events be School of Architecture & Planning, Works by 5 recently-deceased glass, metal work. Cooper-Hewitt AD 600-1300 checked with the sponsoring institutions 100 Level, Avery Hall, Closes Dec.17. members of the American Academy Museum, 2 E. 91St.860-6868. Closes Exhibition. Japan House Gallery, 333 before attending. and Institute of Arts and Letters Jan. 2. E. 47 St. 832-1155. Closes Jan. 16. including Marcel Breuer and Wallace Send Oculus Calendar information to: K. Harrison. and 155 St. SCOTT BURTON New York Chapter/AJA, 457 Madison 582-5544. Closes Dec. 19. Exhibition of new work. Max Protetch, Avenue, N. Y 10022. 37 W. 57 St. 838-7436. Closes Dec. 30. WEDNESDAYl THURSDAY2 FRIDAY3 FURNITURE BY AMERICAN PATTERN: AN EXHIBITION OF THE ARCHITECTURE ARCHITECTS DECORATIVE ACE iTHE STATE OF TUE ART Exhibition of architectural drawings, Exhibition. The Whitney Museum of American Craft Museum II, Moshe Safdie on "Private Jokes in furniture, ceramics by Wright. The American Art, Fairfield County, 1 International Paper Plaza, 77 W. 45 'Public Places" in series co-sponsored American Wing, Metropolitan Champion Plaza, Stamford, Conn. St. 397-0632. Closes Jan. 28. by NYC/AIA. 8 pm. Metropolitiln Museum. 879-5500. Closes March 1. 203-358-7652. Closes Jan. 26. Museum. 879-5510. AMERICAN PICTURE PALACES WRIGHT LIVING ROOM THE BOWERY: PORTRAIT OF A Exhibition of "Golden Age" of movie LECTURE Opening of living room from the CHANGING' STREET houses. Cooper-Hewitt Museum, 2 E. Raimund Abraham. Columbia Francis Little house, Wayzata, Minn. Photographic documentation by 91St.860-6868. Closes Feb. 27. Graduate School of Architecture & designed by Wright. Met Museum. Carin Drechsler-Marx shared at the Planning. Wood Auditorium, Avery Museum of the City of New York, Hall. 6 pm. ART AND ARCHITECTURE Fifth Ave. at 103 St. 534-1672, and 2-day interdisciplinary conference Goethe House, 1014 Fifth Ave. at 83 (Dec. 3-4). The Great Hall, The St. Closes Jan. 23. Cooper Union. $35. 254-6300, ext. 308. MONDAY6 TUESDAY7 WEDNESDAYS THURSDAY9 FRIDAY 10 STREET AS THEATER FORUMS ON FORM :A.IA/NYC COMPUTER SEMINAR SANDSTONE RESTORATION Exhibition of New York photographs Robert A.M. Stern on his book, East Lecture by Lee Kennedy on "Getting One-day symposium sponsored by the 1850-1950, sponsored by Municipal Hampton's Heritage, an Illustrated !four Feet Wet-The Computer in a New York Landmarks. Conservancy Art Society. Upstairs at the Urban Architectural Record. Introduction Small Firm." 5:30 pm. The Urban and co-sponsored by NYC/AIA, Center, 457 Madison Ave. 935-3960. by Joan Davidson. 12:30 pm. Urban Center, 457 Madison. 719-3828. Columbia Graduate School of Closes Jan. 8. Center Books, 457 Madison. 935-3595. Architecture and Planning, the BATH: 18TH CENTURY CENTER OF Preservation Assistance Division of IRWIN S. CHANIN WIT AND SOCIETY the National Park Service, the Exhibition. Houghton Gallery, The Lecture by Barbara Wriston in Royal 'Preservation League of New York Cooper Union, Third Ave. and 7th St. Oak Foundation series. 6 pm. The State, and RESTORE. At Association 254-6300, ext. 308. Closes Jan. 28. Mayer House, 41 E. 72 St. 861-0529. of the Bar, 42 W. 44 St. 736-7575. $5 members, $6.50 nonmembers. LECTURE ART NOUVEAU AND Peter Papademetrious on "O'Neil AUCTION Ford and his search for an indigenous Including furniture by the Greene architecture." Architectural League, brothers for the Robert Blacker ~ 457 Madison Ave. 6:30 pm. 753-1722. House in Pasadena. Christie's, 502 MONDAY13 TUESDAY 14 WEDNESDAY 15 THURSDAY16 FRIDAY 17 INTERIORS COMMITTEE ARCHITECTURE AMERICAN PLANNING Meeting of NYC/AIA's Interiors THE STATE OF THE ART ASSOCIATION PARTY Committee, 6 pm. The Urban Center, Charles Gwathmey on "After Post­ Sarah Delano Roosevelt Memorial 457 Madison Ave. 719-3828. Modernism," final lecture in 9-week House, 49 E. 65 St. 6-8 pm. series co-sponsored by NYC/AIA. BARD AWARDS 8 pm. Metropolitan Museum. 879-5510. Deadline for entering the 1983 Bard Awards: City Club of New York, 33 W. 42 St., New York 10036. 921-9870.

MONDAY20 TUESDAY 21 WEDNESDAY 22 THURSDAY 2·3 FRIDAY 24

MONDAY27 TUESDAY28 THURSDAY30 FRIDAY 31 REYNOLDS AWARD 1983 Deadline for submitting data binder to: R.S. Reynolds Memorial Award, American Institute of Architects, 1735 New York Ave. N.W., Washington, D.C. 20006. page8 Oculus

George J. McCormack

cont'd. from p. 4 utilizing a resource, such as a land site, encourage development of the Upper position that its decision must be in furtherance of its religious ministry West Side. It would help alleviate our rubber-stamped since the Board of and mission, whether to expand, City's housing shortage. As soon as Estimate lacks aesthetic expertise. relocate, or both, there is an the neighbors got wind of the church's Amazingly, no architectural unconstitutional governmental plan, their tactic was to petition the background is presented to the Board interference with the free exercise of New York City Landmarks of Estimate and it does not even look religion. Even if, perchance, the Preservation Commission to landmark at slides of the building! I propose that religious organizations were to use its the structure because they did not the landmarks law be changed so that property for rental apartments (which want new people in the neighborhood the same evidence that is presented to would rightly be taxed according to and did not want the views from their the Landmarks Commission, including law), any net profits after taxes must own apartments obstructed. The hardship evidence, must also be go exclusively toward the religious Landmarks Commission then presented to the Board of Estimate so purposes of the organization and the landmarked the structure, thus killing that it has the facts on which to make organization has the right to so use the proposed development plan. The an informed decision. such funds and not have its useless Commission decided that the property fossilized as a perpetual · structure must be landmarked Tax-Exempt Properties shrine to preservationism. When a because it is allegedly the only church When we enter the realm of the tax­ property is fossilized, the chief victims in New York City built in the style of exempt property owner, matters are the poor and disadvantaged who, "scientific electicism", (a self­ become quite extra-terrestrial. To in disprop.ortionately large numbers, contradictory term!). The structure's prove "hardship" the tax-exempt look to our religious organizations for own architect refused to have it listed owner must show that its property the support the government cannot, or in his biography. No one in 80 years would be capable of earning a does not, and often should not, give. To even suspected that the structure was reasonable return (e.g. 6% of assessed my shock, I have come to see a of any architectural distinction. The value) if it were not tax-exempt. This preservationist establishment that, congregation is now doomed to is an impossible task! One can without realizing the consequences, support its white elephant as an fantasize a commercial use for St. values some of their fellow citizens everlasting memorial to scientific Patrick's Cathedral-perhaps a less than objets d'art. Although a electicism, while its worship, free food shopping arcade along the main aisle, serious preservationist myself, I find program, and other ministries are condos cantilevered between the this insensitivity deplorable. Our destroyed. The Landmarks lower arches and the nave ceiling, etc. country will rise or fall on the quality Preservation Commission abused its Then, please, hypothesize the annual of our people- not our buildings. I own law by using it to give illegal spot­ rate of return on this fantasy. suggest that the landmarks law be benefits to the neighbors, "Hardship" can never be proven amended to provide that a structure whereas the law was intended for because fantasy is not proof and used for religious purposes shall not aesthetic purposes only. Although our because, in any event, it was not be landmarked, or shall be de­ City government would abet those landmarking that caused the landmarked, if and when the owning who would exterminate this little hypothetical hardship but rather the religious organization certifies to the congregation, there are people who original design of a structure built for Landmarks Commission that the are contributing toward the thousands worship not commerce. Furthermore, landmarking would interfere with the of dollars needed to seek legal redress. this fantasy applies only to a tax­ free exercise of its religious mission exempt organization that wishes to and ministry. I believe that fundamental sell or lease its property. If, for constitutional, political, and social example, a church or synagogue wants The real-life operation of the values are endangered by the New to retain ownership of its site and put landmarks law is illustrated by the York City landmarks law as it now up residential apartments with fascinating case of the United exists and as it is supported by a mind­ religious facilities on the lower floors, Methodist Church of St. Paul and St. set of undoubtedly well-intentioned the law provides no procedure for Andrew at West 86th Street and West people. This amounts to preferring our removing the landmarking. End Avenue. This church has a old bricks and mortar to our people building which is dangerously and to their need for housing, offices, Churches and synagogues are not just crumbling. The dwindling and the spiritual and human support buildings-they are, more importantly, congregation is in a deficit position they receive from our synagogues and groups of people who come together to and cannot even afford fuel. The churches. worship God and serve their fellow church decided to demolish its man. Their buildings were donated to undistinguished and useless structure George J. McCormack is a member of serve these religious purposes - not and erect an "as of right" apartment the New York City law firm of Cusack, the non-religious cause of historic building with church facilities on the Stiles & Hale and is a member of the preservation. When landmarking lower floors. This would support the Interfaith Commission to Study the prevents a religious organization from overall zoning policy of the City to Landmarking of Religious Property. Oculus page9

Ralph C. Menapace, Jr.

cont'd. from p. 5 charitable purposes must be which appears contrary to the best speaking, if it is property used for permitted to proceed with a proposed interests of the congregation itself, other than charitable purposes- the redevelopment if the owner appears to serve principally the owner must be permitted to proceed establishes the "maintenance of the interests of the groups outside the with redevelopment of the landmark landmark either physically or congregation who are financing the site if he can show that the property financially prevents or seriously li tiga ti on. absent such redevelopment is interferes with carrying out the incapable of yielding a "reasonable charitable purpose" of the owner. In short, there is simply no basis, return." "Reasonable return" for this either on the face of the landmarks purpose is defined as 6% of the Notwithstanding the judicial decisions law, or in the history of its application, assessed value of the property for real that have cured this apparent for a claim that' the hardship estate tax purposes. omission in the landmarks law, provisions of the Law do not give an spokesmen for the religious groups owner-whether commercial or non­ If a landmark property is used for seeking to escape landmark regulation profit-of a landmark adequate and charitable purposes- or if, as was the regularly cite the omission in the effective relief when the owner can case with , the statutory language as creating a show that continued maintenance of property is otherwise exempt from serious problem for non-profit the landmark in its existing form is real estate taxation- the hardship organizations without referring to not economically feasible. test is not "reasonable return" but these decisions, which, of course are whether the property (a) would not be binding upon the Landmarks Rally for Support capable of earning a "reasonable Commission. In reality, the issue is purely and return" if it were not free from real simply whether religious estate taxation, and (b) "has ceased to The charge that the relief provisions organizations- unlike other owners of be adequate, suitable, or appropriate of the landmarks law, as a practical landmarks- should be permitted to for use in carrying out both (1) the matter, deny religious organizations commercially exploit the unused purposes of the owner to which it is "even the extremely limited relief [the development potential of landmark devoted, and (2) those purposes to Law] allows to commercial properties owned by them even if such which it had been devoted when organizations" ignores the actual exploitation destroys or defaces the acquired unless such owner is no experience of non-profit landmark landmark. The argument that the longer engaged in pursuing such owners who have sought relief from profits of such exploitation will be purposes." In the case of churches or the Landmarks Commission on used for "good purposes," such as synagogues, which cannot normally be hardship grounds. In the history of the support of the religous organizations utilized for commercial gain, it can be New York City law, there have been and of the charitable work they easily shown that a "reasonable only a handful of applications by non­ perform, is simply an insufficient basis return" could not be obtained with or profit owners, but in every case of for, in effect, repealing the landmarks without real estate taxation. (This which I am a ware, the owner has been law as it applies to the great might not be in the case, say, of an granted relief. The most recent landmark churches of our City. office building used by charitable example is, of course, the approval Landmark churches and synagogues­ organizations.) Therefore, with given by the Commission to the like landmark office buildings such as landmark churches and synagogues, Marymount School on to the Woolworth Building, Lever House, the only test that would in effect be proceed with the construction of a and others- should not be destroyed applicable would be the "adequate, gym on the roofs of the Beaux Art simply because bigger and more suitable or appropriate" test. mansions that comprise the school. profitable structures can be put in their places unless it can be proven in Interference with Charitable In another current situation, the an appropriate public forum- the Purpose Commission has informally invited the Landmarks Commission-that they The landmarks law of the City of New Church of St. Paul and St. Andrew to are no longer economically viable in York does not by its literal terms file for relief under the hardship their existing form. This, in short, is provide a hardship remedy for provisions of the Law. It seems clear what the landmarks law provides, and properties that are exempt from real that relief would be given to the this, I submit, is what citizens of New estate taxation except in cases where Church if its financial condition, and York interested in the preservation of the owner wishes to sell or to lease on the physical condition of the Church, our cultural heritage must rally to a long-term basis the landmark site­ are as bad as generally reported. The support. as contrasted with the situation where Church, however, has chosen the far the owner wishes to redevelop the more expensive and time-consuming, Ralph C. Menapace, Jr. is a member of property itself. However, the New as well as much-less-likely-to-succeed the New York City law firm of Cahin York Courts have read a remedy into path of challenging the designation of Gordon & Reindel and chairman of the the law in such cases and have held the Church in the courts on First Municipal A rt Society. that the owner of a landmark used for Amendment grounds. This choice, page 10 Oculus

Chapter Reports cont'd. from p. 2 committee meeting on December 13 to discuss future plans and programming. Theater Preservation A Chapter committee is being formed by Theodore Liebman to consider the extremely difficult and widely discussed issue of how New York's theaters- "Broadway theaters" (only very few like them anywhere else)­ can be preserved in a fair economic situation for their owners. At the core of the problem is the ready appeal of air rights transfers versus the threat of milieu-destroying density. The Landmarks Commission is pursuing, for the moment, its own course of considering designation of exteriors and interiors- the latter strongly opposed by theater owners as impeding alterations for productions such as "Cats."

~..... ?, ~ - - " ..._ ~· .f<# 7

/ "~rw .., 2 Landmarks Conservancy on December is open to professional architects and Names and News 10 (see calendar) will include speakers designers. Winning projects will be involved in the restoration of built, published, advertised, and cont'd. from p. 2 sandstone buildings followed by a incorporated into a traveling International to design 230,000 square panel discussion ... The New York City exhibition along with those of invited feet of offices to house its new New Department of Buildings has a vacancy architects and designers Emilio York City headquarters at Seaport for the position of Deputy Borough Ambasz; Ward Bennett; Frank 0. Plaza, 199 Water Street, designed by Superintendent-Bronx, open to an Gehry; Milton Glaser; Helmut Jahn; the same firm ... The Ehrenkrantz experienced engineer/architect, Charles W. Moore; Stanley Tigerman; Group has appointed Denis Glen Kuhn, according to Director of Personnel Venturi Rauch and Scott Brown; Mary L. Oehrlein, and Robert J. William Gravitz, 248-8750 ... Massimo and Lella Vignelli; and SITE, Zimmerman as senior associates; and Community Board 5 recommended Inc. For information: Colorcore Michael F. Doyle and Jean Parker that 36 Broadway theater interiors "Surface & Ornament" Competition, Murphy as associates ... Geddes, and 20 exteriors be designated Formica Corporation, One Cyanamid Brecher, Qualls, Cunningham of landmarks during a day-long hearing Plaza, Wayne, N.J. 07470 ... The Philadelphia won the 1982 PSMA on october 19 before the Landmarks NIAE/AIA's 6th Annual Career Day Management Achievement Award for Preservation Commission, which is held on October 16 at the High School an entry featuring a manual of considering 45 legitimate theaters for of Art and Design attracted 300 practice developed by the firm to designation . . . More than $80,000 in enthusiastic students and 267 parents. provide a vehicle for quality control prizes will be awarded by Formica It opened with an introduction by and to clarify its operational character Corporation in two "Surface & Stanley Salzman followed by keynote and standards ... Three model Ornament" competitions to encourage speaker Harry Simmons; Denise Scott condominiums on the 19th floor of the the use of the new surface material Brown was the luncheon speaker. Cesar Pelli-designed Muse um Tower Colorcore: Competition I (Conceptual) Workshops included Architectural have been decorated by McMillen Inc., with a deadline of February 15, Futures with William Katavolos, Parish-Hadley Inc., and Bray-Schaible 1983, is open to all designers Housing with Harry Simmons, Energy Design, Inc.... The one-day including students; Competition Conservation with Brent Porter, symposium on Sandstone Restoration II (Built or Installations) Urban Landscape with Jack Vreeland, being sponsored by the New York with a deadline of February 15, 1984, Architectural Presentation and Oculus page 11

1. Museum Tower, Model Living Room by MacMillen, Inc.

2. Ellis Is/,and

3. Denise S co tt Brown, NIAE!AIA Career Day lunch speaker (Photo: Ms. Robin Andrade).

4. Inside the Headquarter's renovation, the new Conference Room is taking shape. (Photo: Stan R ies/ES TO)

3 The New York Chapter/AJA and Metropolis Magazine jointly sponsor a series of public lectures at the Urban Center, 457 Madison Avenue, 6 p.m. Lectures will be introduced by Arthur Rosenblatt, Vice-President of the Metropolitan Museum of Art and President of the New York Chapter/ AIA. Checks for the series should be sent to the New York Chapter/AIA, 457 Madison Avenue, New York, New York 10022. Tickets will be available at the door.

Seven Thursdays on Architecture and Design January 20 Housing for Changing Lifestyles: Theodore Liebman January 27 Housing, Architecture, and the City: Lewis Davis February 17 New Furniture from Knoll: Jeff Osborne February 24 Getting Published: A Panel with Suzanne Slesin, Martin Filler, and 4 Mildred Schmertz, moderated by Rendering with Charles Spiess, Henkel at the New York Society of Metropolis Editor Sharon Lee Ryder Historic Restoration and Preservation Architects, 16 East 42 Street .. . We March17 with Theo Prudon; Computer Graphics mourn the death of Jeanne Davern, An Evening with Romaldo Giurgola with Michael Diamond; Women in long a managing editor of the Architecture with Jocelyn Brainard, Architectural Record and the author March 24 Interior Architecture with Gamal El­ and editor of numerous books, who An Evening with Hugh Hardy Zoghby, and a Special Workshop for died suddenly on November 14. She March 31 Parents: Educational and Professional was proud of her Honorary Urban Green, Parks and Public Space: Opportunities. Paying for Professional Membership in AIA ... At the NY Terry Schnadelbach Education with Richard McCommons, State Association of Architects Executive Director, Association of convention in Syracuse, all the design Members Free. Non-members $5.00. Collegiate Schools of Architecture; awards went to Chapter members: Series of seven, $25.00. Eleanor Pepper; Alan Schwartzman; Alfredo De Vido for the Word of Mouth Stanley Salzman among other Restaurant, NY; R.M. Kliment and Three Thursdays on members of AIA and NIAE ... The Frances Halsband for an Apartment Computer Applications in Design Girard Wing designed to house Renovation in NY; Voorsanger & Mills Alexander Girard's collection of for 'Dianne B' Boutique, NY; January 13 350,000 pieces of folk art was Mitchell/Giurgola Architects for the Computer Design and Drafting previewed at the Santa Fe Museum Concert Theatre, C.W. Post Center, Applications: Graham Copeland and early this month ... The officers and Long Island; Paul Segal for Executive Michael Corden members of NY Chapter mourn the Offices in NY and for the North February 10 passing of Elizabeth S. Thompson, long Company Houses in Sagaponack, NY; The Computer in the One-Man Firm: active in the Womens' Architectural and Skidmore Owings & Merrill's Vista Lee Kennedy Auxiliary and wife of Rolland D. International Hotel, NY ... January March 10 Thompson ... George Henkel, 7th is the deadline for mailing entry Computer Manufacturers/Users husband of Margot Henkel who slips in the Louis Sullivan Award for Round table administered the Chapter for so many Architecture to the AIA, 1735 New years, has recently passed away. York Avenue, N.W., Washington, DC Members Free. Non-members $5.00. Condolences can be addressed to Ms. 20006. Series of three, $10.00. I Knoll International

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