THE 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 #: 05/12/2003 04/22/2009 03-6373 COFA 03-6886

ADDRESS BOROUGH: BLOCK/LOT: 390

INDIVIDUAL LANDMARK 837/48 GORHAM BUILDING

Display This Permit While Work Is In Progress ISSUED TO: Neal Saluella 390 Fifth LLC 185 New York, NY 10016

Pursuant to Section 25-307 of the Administrative Code of the City of New York, the Landmarks Preservation Commission, at the Public Meeting of April 22, 2003, following the Public Hearing of the same date, voted to approve a proposal to install new storefront infill at the ground floor of the subject premises, as put forward in your application completed on March 27, 2003, and as you were informed in Status Update Letter 03-6516 issued on April 22, 2003.

The work, as approved, consists of replacing the modern metal and glass entry doors at the northern-most storefront bay on Fifth Avenue in-kind; replacing the opaque blue glass transom with a clear glass transom above; replacing the metal-framed opaque blue glass infill at the fourth bay on West 36th Street with new metal and clear glass infill, featuring paired doors and display windows; replacing two existing flush-mounted louvers in-kind, each painted to match the surrounding stucco infill, at the fascia panel in the fourth bay on West 36th Street; and installing two new pin-mounted, metal signs ("Wonderfoods") with concealed lighting, at the corner of Fifth Avenue and West 36th Street; as shown in four (4) mounted presentation drawings, dated April 8, 2003, existing condition photographs, and material samples, all prepared by David Turner, RA, and presented at the Public Hearing and Public Meeting.

In reviewing this proposal, the Commission noted that 390 Fifth Avenue (aka 386-390 Fifth Avenue and 2-6 West 36th Street; Gorham Building) is a Renaissance Revival style palazzo designed by and constructed in 1904-05. The Commission also notes that marble arcade at the base of the building on both the Fifth Avenue facade and the eastern-most portion of West 36th Street elevation was removed prior to designation, and that modern metal, stucco and glass storefront infill and louvers are located throughout the building's base.

With regard to this proposal, the Commission found that the existing ground floor infill does not contribute to the special architectural and historic character of the building, and therefore the proposed alterations to this modern infill will have no effect on the significant architectural and historic features of the building; that the simple design and materials of the proposed metal and glass infill, featuring paired glass doors with sidelights and transoms above, will harmonize with the existing modern metal and glass infill at the building's base; that the proposed louvers will be installed at modern infill panels, and therefore will not affect any significant protected materials; that the flush-mounted louvers will be finished to match the surrounding infill panels, and will not call undue attention to themselves; and that the proposed signage, featuring individual pin-mounted metal letters with concealed lighting, mounted above the storefronts on Fifth Avenue and West 36th Street, will blend in with other forms of commercial signage located at the base of the building. Based on these findings, the Commission determined the work to be appropriate to the building and voted to approve the application.

However, the Commission made its determination subject to the following condition: that the proposed double- leaf door configuration on West 36th Street be replaced with a single-leaf door, and that the vertical mullions at this bay be aligned with those of the fascia above.

The Commission authorized the issuance of a Certificate of Appropriateness upon the receipt, review, and approval of a reduced set of the presentation materials, and two sets of final revised Department of Buildings filing drawings. Subsequently, on May 6, 2003, the staff of the Commission received Drawings A-2, A-3, and A- 4, dated April 8, 2003, and Drawing A-1, dated received May 7, 2003, and a letter, dated May 5, 2003, prepared by David Turner, RA. The staff of the Commission reviewed these drawings and found that the double-leaf door configuration on West 36th Street has been replaced with a single-leaf door; that the mullions align with those of the stucco-clad fascia above in this bay; and that otherwise the proposal approved by the Commission has been maintained. Therefore, these drawings have been marked approved by the Landmarks Preservation Commission with a perforated seal and this Certificate of Appropriateness 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 Meisha Hunter.

Robert B. Tierney Chair

PLEASE NOTE: PERFORATED DRAWINGS AND A COPY OF THIS PERMIT HAVE BEEN SENT TO: David Turner, Architect, 450 Seventh Avenue cc: C. Kane Levy

PAGE 2 Issued: 5/12/03 DOCKET: 03-6373