In a Race Against Landmarking, Developers Rush to Demolish

2008_11_dak.jpgIn its second article in a series about the Landmarks Preservation Commission, the NY Times examines the "legal loophole" that developers take advantage of: Once they learn their building might be up for landmark status, developers often "[rush] to obtain a demolition or stripping permit from the... Department of Buildings so that notable qualities can be removed, rendering the structure unworthy of protection." This is what happened in 2006, when the cornices of the 19th century Dakota Stables were removed; the LPC didn't landmark it since it was "irreparably changed"-- now you have luxury condo The Harrison. There are proposed City Council bills to prevent builders from similar action, but some think there should be better communication between the DOB and LPC. One LPC commissioner says, "When a property owner goes to the buildings department for a permit to strip, it should be a red flag."

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Thankfully, the Windermere on 57th Street at 9th Avenue has been land marked. Now if only the city could force the Japanese owner Masako Yamagata of TOA Construction to renovate it. No such luck yet. (There is a lawsuit pending.)

http://www.flickr.com/photos/edstern/49477881

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These buildings, while privately owned, are part of our city's collective worth. There should be stronger controls on a developers ability to plunder to suit his or her needs. I am not suggesting that properties be locked up and that the inherent value be denied the owners. But there must be some middle ground wherein developers can unlock value while retaining historical and public benefits.

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Landmarking = Eminent Domain.

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SP = bad tenant (with ironic t-shirt)

edEx,

Landmark designation doesn't mean that much. It just means you can't change the building without approval. But you don't have to do a damn thing to it, like maintenance. You can just let it sit until it's so falling down rotten that the city orders you to demolish it as a menace to public safety. AKA "demolition by neglect." Sure, it takes a bit more time, but in the end, the result is the same. Developers get to put up their shiny, new condos.

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