Eugene Travers. Image Credit: Eugene Travers/Kramer Levin

Governor Andrew Cuomo’s executive orders issued in response to the COVID-19 public health emergency halted non-essential construction throughout the City of New York. Many of the halted construction projects enjoyed land use approvals granted by City agencies, and the Governor’s orders did not toll the expiration dates of these approvals. (Update:) Subsequent to the construction shutdown, Mayor Bill de Blasio on April 29, 2020 issued an emergency executive order tolling the expiration dates of certain City land use approvals “for the duration of the [COVID-19] emergency.”  It remains to be seen if legislation will be adopted to provide a more permanent solution to address the time lost during the construction shutdown and the eventual remobilization period.  The New York State Senate passed a bill on May 27, 2020 that would allow the City to extend certain land use approvals issued before March 7, 2020 for up to 120 days beyond their stated expiration dates.*

Even with these measures, with limited exceptions, the approvals will expire after a period of time unless proactive measures are taken.  Developers and lenders should confirm the status of existing approvals, note their expiration dates (subject to any tolling), and apply for renewals as necessary.

This article describes the requirements to preserve the rights granted by some common land use approvals, and summarizes the expiration dates and renewal procedures for such approvals. (more…)

Revisions would see delegation of some work, including certain rear yard and roof top additions, to staff for review and approval. On March 27, 2018, the Landmarks Preservation Commission held a public hearing on a proposed overhaul of the agency’s rules, found in Title 63 of the Rules of the City of New York. The proposed amendments were published in the City Record on January 30, 2018. Landmarks has made a PowerPoint presentation available online. (more…)

Gansevoort Market Development Rendering. Image credit: BKSK.

Preservationists renewed challenge to LPC permit for redevelopment of 5-building blockface in Gansevoort Market Historic District. In June of 2016, the Landmarks Preservation Commission voted to award Certificates of Appropriateness to developer 60-74 Gansevoort Street to redevelop five buildings in the Gansevoort Market Historic District. The work planned encompasses an entire blockfront composed of three tax lots between Greenwich and Washington Streets. The project entails the construction of new 82-foot-tall building replacing a former bus depot, a four story building replacing a former market structures, the construction of an addition to an existing building,  the restoration of a historic Moderne market building, as well as the preservation of historic facades. (more…)

Blockfront on Gansevoort Street in Meatpacking District. Image credit: GoogleMaps

Landmarks Commission approved redevelopment of five buildings in the Gansevoort Market Historic District. On June 7, 2016, the City’s Landmarks Preservation Commission voted, in a divided decision, to award Certificates of Appropriateness to redevelop a block face in the Gansevoort Market Historic District between Greenwich and Washington Streets in Manhattan. The work, spanning five buildings and three tax lots, entailed the construction of three additional stories onto a two-story building at 60-68 Gansevoort Street, a new 82-foot-high building  at the corner of Washington Street replacing  a bus depot, and a new four-story building replacing a former market structure at 50 Gansevoort Street. The project also included the restoration of a Moderne-style market building, and the retention of historic facades. The developer lowered the height of one building and altered facade arrangements to better integrate with historic architecture, after comments by commissioner after the initial hearing. (more…)

NYC Comptroller Scott Stringer. Image credit: Office of the New York City Comptroller

Comptroller found that Landmarks did not record issuance dates for Certificates of No Effect, did not send timely notices to applicants who submitted incomplete applications, and did not reconcile permit fees collected by Buildings with permits issued by Landmarks issued. On November 30, 2016, the New York City Comptroller Scott Stringer released an audit report on the Landmarks Preservation Commission procedures and controls surrounding the issuance of Certificates of No Effect. Certificates of No Effect must be obtained from Landmarks before a property owner or tenant can perform certain kinds of work on individual landmarks or property within a historic district. Certificates of No Effect are issued for proposed work that requires a Buildings permit but does not affect a building’s essential architectural features. Expedited Certificates of No Effect are available for certain interior alterations above the second floor or below grade level. Certificates of No Effect, as opposed to Certificates of Appropriateness, do not require a public hearing or review by commissioners. (more…)