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District Lines Spring 2009

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District Lines Spring 2009 news and viewsDISTRICT of the Historic Districts Council LINESSpring 2009 vol. xxiii no. 1 “ENDANG E R E D ” SOUTH STR ee T SE APORT MAK es SE V E N TO SAV E LI S T RECENTLY , THE SOUTH ST R EET SEAPO R T the 1939 New Market Building, which toric district in 1977 and its subsequent Historic District made the annual “Sev- lies just outside the locally designated expansion in 1989, alterations and con- en to Save” Endangered Properties List historic district, to make room for two struction in the neighborhood, under of the Preservation League of New York high-rise towers. The new development the watchful eye of the Landmarks Preservation Commission, have been appropriate for the most part, some even enhancing the character of the dis- trict. Over the last few years, though, a number of projects proposed by the city to create new amenities in the increas- ingly residential and affluent neighbor- hood have been less sympathetic. For example, a roller-coaster-look- ing playground with ramps almost six feet high and additional six-foot-tall fences was approved for Burling Slip. In Peck Slip, a park with trees and sculp- tural rib-like elements evoking a ship will fill the open space. Another park, with tidal-marsh plantings, arrangement of bluestone in a wave pattern, and a water feature, will surround the Ti- HDC tanic Memorial located at the main en- 159-171 John Street, South Street Seaport Historic District trance to the district on Fulton Street. State, the statewide historic-preserva- would wall off the Seaport from the wa- Most recently, a proposal to reconstruct tion advocacy organization. This year’s ter, destroying the relationship between Pier 15 included a large structure with a list celebrates the maritime history of the district’s historic market buildings rooftop garden. The South Street Sea- the state in honor of the quadricenten- and the East River. port Historic District is rich in sim- nial of Henry Hudson’s and Samuel de Since its designation as a city his- Continued on p. 3 Champlain’s explorations of the area’s waterways and also the bicentennial of “Bringing a lawsuit to compel repairs has shifted from being a rare Robert Fulton’s successful steamboat occurrence to a mainstay of the LPC’s enforcement tools” PAGE 2 journey up the Hudson River. South Street Seaport was the only New York City site to make the “endangered” list. Last year the Historic Districts Council nominated the South Street Seaport to the list after General Growth Properties and the New York City Eco- nomic Development Corporation re- leased plans for Pier 17 that would alter the historic district by proposing over- size development and the dismantling and removal of the 1907 Tin Building – the birthplace of the Fulton Fish Mar- ket – to the far edge of the pier behind it. The plan called for the demolition of The Windermere HDC District Lines - Spring 2009 - page 2 PE R S UING AN OWN E R FOR Dem O L ITION -BY- NE G le CT : A TORTUOU S LE GA L PATH John Weiss, Deputy Counsel, NYC Landmarks Preservation Commission AT ANY GIVEN TIME there is a small universe of landmarks, either individ- ual landmarks or buildings in historic districts, that are in disrepair. If the disrepair is serious, but localized, such as significant damage to a cornice, a Landmarks Preservation Commission (LPC) violation for failure to main- tain the landmark is issued. In cases of extensive deterioration of multiple building elements, or severe damage that threatens a landmark’s structur- KATYA PR ONIN , AM NEW YO rk al stability, like a partially collapsed Former Corn Exchange Bank, 125th Street and Park Avenue, Manhattan roof, the Commission will bring what The Commission has become much buildings, deteriorating properties are is commonly known as a demolition- more assertive in bringing these lawsuits. understandably disturbing to neighbors by-neglect lawsuit. The Commission During the Commission’s first 35 years, and others and take on a heightened brings such litigation in New York State only one demolition-by-neglect lawsuit local significance because of not only Supreme Court to obtain a court order was brought. (The owner of a decrepit the disrepair but also associated prob- compelling the owner to make immedi- row house in Brooklyn’s Boerum Hill lems, such as the presence of rodents, ate repairs and pay monetary fines. The Historic District was sued, and, after accumulation of garbage and other legal basis for these lawsuits is the city’s she put a curse on the LPC general blight conditions. Consequently, these Landmarks Law requirement that des- counsel, the property was sold and the buildings can become priorities for ignated properties be kept in a condi- new owner promptly restored it). In the communities who want quick action. tion of good repair. next eight years (2000 through 2007) While the LPC also wants quick action, three more lawsuits were brought to the Commission has discovered that it court, and in 2008 alone the Commis- is the rare case where demolition-by- sion filed three demolition-by-neglect neglect is intentional or venal. More lawsuits. All three are currently active. often than not, the cause for the neglect One concerns the individual Manhat- is due to benign reasons – elderly or ill tan landmark known as The Wind- property owners, estate disputes, fore- ermere at Ninth Avenue and West 57th closures, and other problems. Street; another, the individual land- The act of filing a demolition-by- mark of the former Corn Exchange neglect lawsuit is similar to seeing only Bank at 125th Street and Park Avenue, the tip of an iceberg. Because the Com- also in Manhattan; and the third, a mission is more concerned about the row house in the Stuyvesant Heights landmark itself and would rather see Historic District in Brooklyn. At any an owner spend funds on repairs than given time the LPC has about 30 build- on legal fees, extensive efforts are made ings in various stages of the demoli- to have an owner voluntarily repair the tion-by-neglect process. Although very property at issue. Additionally, giving time-consuming, bringing a lawsuit to owners repeated notice of the need to compel repairs has shifted from being make repairs, and then an opportu- a rare occurrence to a mainstay of the nity to do so, is not only fair but are key Commission’s enforcement tools. components of the cases that end up in While the number of landmarks in court. HDC disrepair is small in light of the agen- Unfortunately, demolition-by- Bedell House, Tottenville, Staten Island cy’s regulation of more than 25,000 neglect cases are frequently hard to Historic Districts Council District Lines - Spring 2009 - page 3 prosecute. For instance, it is often dif- of Buildings and contractors from the ficult even to contact the owner of a Department of Housing Preservation HDC Tackles landmark in disrepair. In one case, after and Development. Big Topics at letters to the owner of a row house were Many of the owners of deteriorated returned as undeliverable, unsuccess- landmarks contacted by the Commis- 2009 Conference ful efforts to locate him included con- sion have their own, often sad, story THE HI S TO R IC DI S T R ICT S COUN - tacting a hospital where he was once a that led them to the point of not being CIL ’S 2009 CONFE R ENCE , “Commu- patient to learn who had checked him able, or willing, to maintain their his- nities & Cornices: Preservation out, speaking with a contractor who toric buildings, often for many years. in a Political World,” brought had worked on his house, hiring a pri- together preservation professionals vate investigator who visited his prior Editor’s Note - On May 21, 2009, the and elected officials to examine how addresses and interviewed neighbors, Windermere lawsuit was settled with the preservation ideology interfaces with and a search of death certificates to see owner paying a record $1.1 million financial the realities of politics and govern- if he had died. Eventually the owner penalty for violating the Landmarks Law, ment. Conclusions drawn through- contacted the LPC when he received a the largest financial penalty ever received out the day’s panel discussions made letter that the Social Security Admin- under the Landmarks Law. In addition, one thing incredibly clear: for better istration delivered for the Commis- the owner sold the Windermere and the new or worse, politics will directly affect sion after it realized that he might be owner has entered into a legal stipulation the outcome of community-based receiving Social Security benefits. It requiring it to comply with the Landmarks campaigns. turned out that the owner was living in Law and various orders issued by the judge On Friday, March 6, over 150 a homeless shelter in midtown Manhat- in the lawsuit which mandate very extensive preservationists attended the Open- tan. The property is now on the market repairs to the Windermere. The new owner ing Night Reception to toast recent with the expectation that a new owner has already filed plans with Landmarks successes and strategize for future will quickly make repairs. for shoring and bracing the Windermere endeavors. Held at the Puffin Room, Even after a lawsuit is filed, absen- and that work should be completed by mid- an art gallery within the SoHo Cast- tee ownership often creates problems. September. Iron Historic District, the reception In the lawsuit against the owner of The featured interactive science fair- Windermere complex, because the style presentations by Neighborhood owner is a Japanese corporation, service OUTH T E APORT Partners from every borough.
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