THE 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 #: 10/20/2006 07/11/2012 07-2552 COFA 07-2894

ADDRESS BOROUGH: BLOCK/LOT: 834 HISTORIC DISTRICT 1379/1

Display This Permit While Work Is In Progress ISSUED TO: John Sicree, Secretary 834 Fifth Avenue Corp. Brown Harris Stevens Management 770 Lexington Avenue - 3rd floor 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 11, 2006, following the Public Hearing of the same date, voted to approve a proposal for work at the subject premises, as put forward in your application completed June 15 2006, and as you were informed in the Status Update Letter issued on July 11, 2006 (SUL 07-0173, LPC 06-7889). This approval will expire July 11, 2012.

The proposed work, as approved, consists of exterior alterations at the 14th, 15th, and 16th floors of the north penthouse , including replacing an existing, non-historic metal shed at the penthouse terrace with an new rooftop addition to match the height and profile of the existing shed, finished to match the color and appearance of the adjoining masonry; replacing the existing large penthouse windows with new windows in the existing masonry opening and including new limestone piers dividing the windows at the west façade; replacing two existing metal casement windows at the east façade with new metal paired casement windows in the existing openings; and installing HVAC louvers within the top of four existing window openings at the secondary façades as shown in drawings 1 through 30 dated June 19, 2006, prepared by Higgins & Quasebarth, submitted as components of the application, and presented at the Public Meeting and Public Hearing.

In reviewing this proposal, the Commission noted that the Upper East Side Historic District Designation Report describes 834 Fifth Avenue as a neo-Renaissance style apartment building designed by and built in 1930; and that in terms of its style, scale, materials, and details, it contributes to the special architectural and historic character for which the Upper East Side Historic District was designated.

With regard to this proposal, the Commission found that that the existing shed is not original to the building and its removal will not result in the loss of significant historic fabric; that the small size and limestone stucco finish of the new addition which will match the color and texture of the adjoining masonry will help the addition blend into the roofscapes, when reviewed from ; that the new addition will match the height and skyline profile of the existing shed, and therefore will be no more visible that the existing condition; that the proposed penthouse windows will fit within the existing masonry opening; that the new limestone piers within the windows will match the existing masonry and will not significantly diminish the glazing area of the widows; that the new casement windows at the rear façade will match the configuration of casement windows found at the building's other penthouse; that the minor change in the window configuration on the secondary facades to accommodate a louver will be minimally visible, and the louvers will be finished to match the windows; that the work will not result in damage to, or loss of any significant historic material; and that the work will not detract from the special character of the Upper East Side Historic District. Based on these findings, the Commission determined the proposed work to be appropriate to the building and the historic district, and voted to approve this application.

However, in voting to grant this approval, the Commission stipulated that two final signed and sealed copies of the Department of Buildings filing drawings for the approved work be submitted to the staff of the Commission for review and approval.

Subsequently, on October 5, 2006, the Landmarks Preservation Commission received final drawings A0.1, EC1.2, EC1.3, EC1.4, D1.1, D1.2, D1.3, A1.1 through A1.12, and A2.1 through A2.47 dated issued September 26, 2006, prepared by Oscar Shamamian, R.A., drawings M1.1 through M1.4, M2.1, M2.2, M2.3, M3.0, M3.1, M4.0, P1.1, P1.2, P1.3, P2.1, P2.2, P2.3 and P3.1 dated issued June 30, 2006, prepared by Delbert Smith, Jr., P.E., drawings R-1 through R-26 dated issued September 8, 2006, prepared by David May, R.A., and drawings S-01 through S-04 dated issued September 8, 2006, prepared by Paul Millman, P.E. Staff reviewed the drawings and found that the work also includes replacing in-kind the metal and glass railing at the 15th floor terrace; installing new metal railings at the secondary façade terraces, to match the existing metal railings; replacing in-kind the fixed metal stairway window; replacing the existing metal one-over-one, double-hung windows throughout the apartment with new metal one-over-one, double-hung windows; installing three HVAC units at the 16th floor roof, which will not be visible from any public thoroughfare; and interior alterations. Accordingly, staff reviewed the drawings and found that the new glass railings and metal railings will match the existing railing in terms of size and finish; in accordance with the provisions set forth in Title 63 of the Rules of the City of New York, Section 3-04, that the new windows at the primary façade will match the historic windows in terms of configuration, operation, details, material and finish; in accordance with the provisions set forth in Title 63 of the Rules of the City of New York, Section 2-19, that the rooftop HVAC units will consist solely of mechanical equipment; that their installation will not result in damage to or demolition of a significant architectural feature of the roof, that they will not be visible from any public thoroughfare, and that they will not adversely affect significant architectural features of adjacent improvements; that the work will not result in damage to or loss of any significant historic fabric; that the work will not detract from the special architectural or historic character of the building or district; and that the proposal approved by the Commission has been maintained. Based on this and the above findings, the drawings are marked approved with a perforated seal, and Certificate of Appropriateness 07-2894 is being issued.

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 Joshua Speakman.

PAGE 2 Issued: 10/20/06 DOCKET: 07-2552 Robert B. Tierney Chair

PLEASE NOTE: PERFORATED DRAWINGS AND A COPY OF THIS PERMIT HAVE BEEN SENT TO: Elise Quasebarth, Higgins & Quasebarth cc: C. Kane Levy- Deputy Director of Preservation

PAGE 3 Issued: 10/20/06 DOCKET: 07-2552