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Home My WebLink AboutCommission Partners Training Manual Commimssion Traimnimng "•.i4. tT. Y "='•'.°.:5 i,n.Wa � S 4 a.t1K y 241 The Stockade Historic District,Schenectady. New York State's first local preserva- tion legislation was passed in Schenectady. A,Publication of the Presenon oe- Preservation League of New York State Ne-Y-k Stam fSmie of the flits Funding, Provided by the ; �= f New York State CounciE oh--the Arts N'YSCA © 2000 by the Preservation League of New York State Parts of this publication may be reproduced or transmitted without special permission only for specific use by local preservation commissions,with proper acknowledgment. Persons desiring to quote from this publication may do so without special permission from the Preservation League of New York State,provided full credit is given. For permis- sion to reproduce portions of this publication for other uses,write to Preservation League of New York State,44 Central Avenue,Albany,NY 12206-3002. Funding Funding for this training manual was made possible in part by a generous grant from the New York State Council on the Arts 915 Broadway New York,NY 10010 Project Consultant Research,writing;and editing by: 1 Katherine Raub Ridley,late Counsel Preservation League of New York State Document design and page formatting by: EmilyKlotz Michele Patterson Preservation League of NewYork State 44 Central Avenue Albany,NY 12206 518-462-5658 Published by Preservation League of New York State 44 Central Avenue Albany, NY 12206-3002 518-462-5658 www preservenys.org info@preservenys.org Table of Contents Table of Con'ten'ts Chapter Introduction...................................................................................... 1 2 Understanding Your Local Landmarks Law............................................ 3 Elements of a Local Preservation Law....................................... 3 PurposesClause......................................................... 3 Designation Process and Criteria................................. 4 Permit Process and Criteria......................................... 4 Hardship.................................................................... 5 Maintenance ReQuirement........................................... S Enforcement............................................................... 5 Model Historic Preservation Ordinance/Local Law..................... 7 3 The Designation Process.................................................................... 13 Assembling Information.......................................................... 13 Legal Criteria for Designation................................................. 14 OwnerNotification................................................................. 15 PublicHearing....................................................................... 16 Voting................................................................................... 17 Owner Notification of Decision............................................... 17 Sample Designation Applications Sample Designation Statements Sample Brochure on Effects of Designation 4 The Certificate of Appropriateness Process.......................................... 19 Filing the Certificate of Appropriateness Application................ 22 '1 Making a Site Visit....................... ...... 23 .................................... Meeting and Making Decisions................................................ 24 Writing Up the Decision......................................................... 26 Notification of Decision.......................................................... 29 Sample Applications and Instructions to Applicant "Some Facts About Court Challenges" Samples of Written Decisions Table of Contents 5 The Hardship Process........................................................................... 31 Hold Hardship Issues Until the Right Time............................... 32 Kinds of Information You'll Need to Decide Hardship................ 32 Hearing the Hardship Application............................................ 34 Deciding the Hardship Application........................................... 34 Legal Criteria for Commercial Properties...................... 35 Legal Criteria for Residential Properties....................... 36 Legal Crietria for Not-for-Profit Properties................... 36 Writing Up the Hardship Decision........................................... 37 Providing a Relief Package if there is a Hardship....................... 38 Sample Hardship Application 6 Where in Local Government Does a Landmark Commission Fit?............ 39 Understanding the Turf: Who Has jurisdiction Over What?........ 39 The Planning Board.................................................... 39 The Zoning Board of Appeals...................................... 40 The Board of Architectural Review............................... 41 The Building Codes Office.......................................... 42 Relating to City CouncilNillage Board.......................... 42 7 Who Are You Going to Call?................................................................. 45 TechnicalAdvice...................................................................... 45 Designation Advice.................................................................. 46 Public Relations Advice............................................................ 46 LegalAdvice............................................................................ 46 8 Where Can 1 Get That Product?............................................................ 49 Roofing Materials Paint and Siding Windows, Doors and Shutters Ornamental Details, Shutters and Hardware 1 ` Introduction j 1 Introduction You've been selected to fill an important role inyour community—that of a landmarks commissioner. It will call for dedication, time and a sensitive eye to the buildings th"at establishyour town's particular character. You'll also need a working knowledge of historic buildings and their character-giving features. In return,you'll know thatyou've helped to protectyour community's uniQue landmarks, ensuring that they'll be there, relatively unchanged, for the next generation to use and enjoy. Your job as a landmarks commissioner will be to: decide which buildings are historic and conseouently worthy of designation as landmarks or historic districts ` approve changes to the exteriors of landmarks or buildings in historic districts decide whether owners can earn a reasonable return on their buildings (economic hardship) The fact thatyou're serving on a landmark commission means thatyour commu- nity has a local preservation law. It'syour job to enforce it. It will guideyou in the decisionsyou'll be making. Ifyou're feeling as thoughyou could use a little help,you're not alone. You are one of some 1,500 volunteer landmark commissioners across the state, most of whom come to their roles with interest and enthusiasm but no professional training in architecture, planning, law, finance or real estate. The purpose of ^' Broadway, Saratoga Springs. goo �, ��; �� t •� sE Y <� Jon Crispin 1 ' Introduction this training manual and the training course in whichyou're about to participate is to giveyou the knowledgeyou need. You don't have to be a lawyer to understand the basic components ofyour community's preservation law. You don't have to be an architect to spot the architectural features that give a landmark building its special character. While you'll be working with these professionals inyour role as a commissioner, you'll develop a sense of whenyou need to call them. And, of course,you can always call on the Preservation League of New York State. Helping local landmark commissions get off the ground and do a good job is one of our top priorities. We believe that the most effective tool for preserving historic heritage is a well-drafted, ably administered local preserva- tion law. Whetheryou have legal Questions or technical issues (call us at 518- 462-5658), we're here to helpyou. Preservation League of New York State www.preservenys.org info@preservenys.org 518462-5658 2 2 c' Understanding Your Local Landmarks Law Z Understanding Your Local Landmarks Law Begin with a slow, thoughtful reading ofyour local law. At first glance, it may seem like so much legalese—but it should guide every decisionyou make as a commissioner. It tells-You what the criteria are for deciding whether a change is in keeping with a building's historic style. It describes how to designate a new landmark or historic district. It tellsyou at what point an owner may have an economic hardship. Aword about terminology may be helpful here. Throughoutyour law,you'll find a number of terms used that may have a specialized meaning (in which case they're probably defined) or may have a commonly understood meaning (build- ing, structure, alteration). The same goes for names—a landmark commission may also be called a "preservation commision," a "historic district board," a `�' `"` <„ ` "design review committee," a "board of architectural review," etc. As Juliet so succinctly put it, "What's in a name? That which we call a rose b an other ° ` :?E02� word would smell as sweet." The name doesn't matter. What's important is what powers the law provides, whichyou'll have to read the law to know. In this Local Landmark Commissions in New York State play an manual, in the interest of standard terminology, we'll refer to government essential role in helping to bodies that regulate historic buildings as "landmark commissions." That does preserve the state's irreplace- able architectural heritage. not mean, however, that they don't also regulate historic districts, or thatyou aren't sitting on a landmark commission even if it's called a design review board or a planning board (which may have been given landmark powers in addition to its regular planning authority). As more communities embrace preservation as a means of promoting economic development and a desirable Quality of life, the number of municipalities passing local preservation laws grows eachyear. Now more than ever before, local preservation activists and municipal officials have realized that the future of the historic and architectural heritage is in their own hands. While state and federal preservation laws provide advice on actions carried out by public agencies, it is only locally enacted laws that can determine how a building is treated by its private owner. 'K Elements of a Local Preservation Law Whether a community has a population of 400 or 7,000,000, the essential elements of a local preservation law are the same. Every law should contain at a minimum: 3 2 ` Understanding Your Local Landmarks Law 1. Purposes clause. This clause establishes the broad framework and goals of the law which follows. Although these clauses tend to be seen as just so much flowery language, they should be carefully drafted. If the actions of a commission are ever challenged, the court may look back to this clause to determine whether the actions fall within the law's broad framework. Purposes should be firmly grounded in "public welfare" considerations, such as protection of historic heritage, Quality of life, and economic growth. Purely aesthetic considerations should be touched on lightly, if at all. 2. Designation process and criteria. Designation criteria are the standards for determining which buildings are landmarks and which are not. Criteria should be carefully enunciated so that if a designation is ever chal- lenged, the court will have a set of standards against which to measure designa- tion. Laws which make designations simultaneously with passage of the law itself often lack these criteria. Chances are this kind of designation was also done without the necessary preliminary step of compiling a record to justify designation. The designation process should be spelled out in the law as well. It should always include notice to property owners (individual, written notice is best), as well as a public hearing. 3. Permit process and criteria. This is the heart of any local preserva- tion law. This section should spell out the commission's powers in reviewing changes to designated properties. Powers may range from advisory only to the vesting of approval/disapproval authority in a local commission. The types of changes reouiring review should be enumerated and should allow for a wide variety of situations: exterior alterations, restoration, demolition, new construc- tion, and moving of buildings should all be covered. Review should not be limited to buildings, but should include important contributing elements such as light fixtures, signs, sidewalks, fences, steps, paving, landscaping, and other exterior elements. The criteria the commission will use in reviewing proposed changes must also be carefully specified. Adherence to these criteria is vital if decisions are to be consistent and objective. Criteria are a good response to the all-too-freQuent allegation that a commission is making purely subjective, aesthetic judgements. The procedure for obtaining a permit should be spelled out. Careful attention should be paid to the information an applicant must submit. Hastily drawn sketches on the backs of napkins should never be deemed a sufficient basis for the commission's judgements. Any time limit within which the commission must decide applications should run only from receipt of a completed applica- tion. Commission decisions should always be in writing, with specific reference 4 2 c�- Understanding Your Local Landmarks Law to the criteria relied on in reaching its decision. 4. Hardship. if an applicant can demonstrate that denial of his application will result in a hardship, he is entitled to proceed with his proposed project (at least to the extent necessary to alleviate his hardship). Hardship is usually defined as inability to earn a reasonable return, if the property is a commercial one, or prevention of the owner's charitable purpose, if the property is in not- for-profit ownership. The presence of a hardship clause is vital to the constitu- tionality of every local preservation law. Without this safety valve to allow relief when designation becomes too burdensome on an owner, the law could be deemed a taking of private property without compensation and conseQuently a violation of the Fifth Amendment of the Constitution. The process for obtaining a finding of hardship should be described. The burden of proof falls on the applicant, and commissions should not be afraid to reQuire an owner to prove hardship through documentation. They need not rely on the owner's verbal assertion of hardship at a commission meeting. In addition, hardship criteria should not be confused with permit criteria. The fact that a property is a vital and contributing part of the historic district is not a ground for denial of hardship. Conversely, allegations of hardship should not be considered at the permit stage. S. Maintenance ReQuirement. Well thought out laws generally contain an affirmative maintenance clause reQuiring owners to keep their properties in good repair. Without such a clause, the municipality may be helpless to prevent "demolition by neglect" or deteriorations of a building's historic fabric which may not violate the building code but which nonetheless causes loss of signifi- cance. 6. Enforcement. Every law should contain a process for enforcing its provisions, as well as a penalties clause if the law is violated. Penalties range from fines (usually accumulated per day as long as the violation continues) to imprisonment. Among the more imaginative and effective penalties is the reQuirement that owners violating the law be reQuired to restore the property to its condition prior to the violation. A meaningful penalties section can do much to encourage compliance with the law. When local preservation laws are understood as breaking down into these essential components, they become more comprehensible. Many variations are possible on the basic pattern, but each law should contain at least these ele- ments as a minimum. The following model historic preservation ordinance/local law is suitable for use 5 2 c` Understanding Your Local Landmarks Law at the local municipal level. it contains all the essential elements discussed above as well as several additional options. The model law provides a starting point for a community wishing to protect its architectural heritage. Any law adopted should be tailored to the specific needs of a community and reviewed by a local attorney to ensure that it is consistent with the local statutory frame- work. 6 2 " Understanding Your Local Landmarks Law Model Historic Preservation Ordinance/Local Law AN ORDINANCE relating to the establishment of landmarks or historic districts in the Village/Town/City of Section 1. Purpose It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as has many significant historic, architectural, and cultural resources which constitute its heritage, this act is in- tended to: (a) protect and enhance the landmarks and historic districts which represent distinctive elements of s historic, architectural, and cultural heritage; (b) foster civic pride in the accomplishments of the past; (c) protect and enhance 's attractiveness to visitors and the support and stimulus to the economy thereby provided; and (d) insure the harmonious, orderly, and efficient growth and development of the village/town/city. t Section 2. Historic Preservation Commission There is hereby created a commission to be known as the Historic Preservation Commission. (a) The commission shall consist of members to be appointed, to the extent available in the community, by the mayor as follows: at least one shall be an architect experienced in working with historic buildings; at least one shall be a historian; at least one shall be a resident of an historic district; at least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment, or volunteer activity in the field of historic preservation, or other serious interest in the field; and all members shall have a known interest in historic preservation and architectural development within the Village/Town/City of (b) Commission members shall serve for a term of fouryears, with the exception of the initial term of one of the members which shall be oneyear, one which shall be twoyears, and one which shall be threeyears. (c) The chairman and vice chairman of the commission shall be elected by and from among the members of the commission. 7 2 `Understanding Your Local Landmarks Law i (d) The powers of the commission shall include: (i) employment of staff and professional consultants as necessary to carry out the duties of the commission; (ii) promulgation of rules and regulations as necessary for the conduct of its business; (iii) adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts; (iv) conduct of surveys of significant historic,architectural, and cultural landmarks and historic districts within the village/town/city; (v) designation of identified structures or resources as landmarks and historic districts; (vi) acceptance on behalf of the village/town/city government of the donation of facade easements and development rights, and the making of recommendations to the village/town/city government concerning the acQuisition of facade easements or other interests in real property as necessary to carry out the purposes of this act; (vii) increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; (viii) making recommendations to village/town/city government concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the village/ town/city; (ix) recommending acQuisition of a landmark structure by the village/town/city government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (x) approval or disapproval of applications for certificates of appropriateness pursuant to this act. (e) The commission shall meet at least monthly, but meetings maybe held at any time on the written reouest of any two of the commission members or on the call of the chairman or the mayor. (f) A Quorum for the transaction of business shall consist of of the commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. Section 3. Designation of Landmarks or Historic Districts (a) The commission may designate an individual property as a landmark if it: (I) possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or (ii) is identified with historic personages; or (iii) embodies the distinguishing characteristics of an architectural style; or 8 2 "Understanding Your Local Landmarks Law (iv) is the work of a designer whose work has significantly influenced an age; or (v) because of unique location or singular physical characteristic, represents an,established and familiar visual feature of the neighborhood. (b) The commission may designate a group of properties as a historic district if it: (i) contains properties which meet one or more of the criteria for designation as a landmark; and, (ii) by reason of possessing such qualities, it constitutes a distinct section of the village/town/city. The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the village/town/city clerk's office for public inspection. (c) Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the commission to consider the designa- tion. Where the proposed designation involves so many owners that individual notice is infeasible, notice may instead be published at least once in a newspaper of general circulation at least days prior to the date of the public hearing. Once the commission has issued notice of a proposed designation, no building permits shall be issued by the building inspector until the commission has made its decision. (d) The commission shall hold a public hearing prior to designation of any landmark or historic district. The commission, owners, and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the.proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing. (e) The commission shall forward notice of each property designated as a landmark and the boundaries of each designated historic district to the offices of the County clerk for recordation. Section 4.Certificate of Appropriateness for Alteration,Demolition,or New Construction Affecting Landmarks or Historic Districts r No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property within a historic district, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a certifi- cate of appropriateness from the historic preservation commission. Section 5. Criteria for Approval or a Certificate of Appropriateness (a) In passing upon an application for a certificate of appropriateness, the historic preservation commission shall not consider changes to interior spaces, unless they are open to the public. The commission's decision shall be based on the following principles: (i) properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible; (ii) any alteration of existing properties shall be compatible with its historic character, as well as 9 2 ' Understanding Your Local Landmarks Law with the surrounding district; and (iii) new construction shall be compatible with the district in which it is located. (b) In applying the principle of compatibility, the commission shall consider the following factors: (i) the general design, character, and appropriateness to the property of the proposed alteration or new construction; (ii) the scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood; (iii) texture, materials, and color and their relation to similar features of other properties in the neighborhood; (iv) visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback; and (v) the importance of historic, architectural, or other features to the significance of the property. Section 6. Certificate of Appropriateness Application Procedure (a) Prior to the commencement of any work reQuiring a certificate of appropriateness, the owner shall file an application for such a certificate with the historic preservation commission. The application shall contain: (i) name, address, and telephone number of applicant; (ii) location and photographs of property; (iii) elevation drawings of proposed changes, if available; (iv) perspective drawings, including relationship to adjacent properties, if available; (v) samples of color or materials to be used; (vi) where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and (vii) any other information which the commission may deem necessary in order to visualize the proposed work. (b) No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic preservation commission. The certificate of appropriateness reQuired by this act shall be in addition to and not in lieu of any building permit that may be reouired by any other ordinance of the Village/Town/ City of (c) The commission shall approve, deny, or approve the permit with modifications within days from receipt 10 2 ' Understanding Your Local Landmarks Law of the completed application. The commission may hold a public hearing on the application at which an opportu- nity will be provided for proponents and opponents of the application to present their views. (d) All decisions of the commission shall be in writing. A copy shall be,sent to the applicant by registered mail and a copy filed with the village/town/city clerk's office for public inspection. The commission's decision shall state the reasons for denying or modifying any application. (e) Certificates of appropriateness shall .be valid for months, after which time the owner must reapply if he still wishes to undertake work on the property. Section 7. Demolition.Hardship Criteria (a) An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that: (1) the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; (ii) the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and (iii) efforts to find a purchaser interested in acQuiring the property and preserving it have failed. Section 8. Alteration Hardship Criteria An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable,of earning a reasonable return, regardless of whether that return represents the most profitable return possible. Section 9. Hardship Application Procedure (a) After receiving written notification from the commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the commission makes a finding that a hardship exists. (b) The commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views. (c) The applicant_shall consult in good faith with the commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by'registered mail and a copy filed with the village/town/city clerk's office for public inspection. The commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the commission shall approve only such work as is necessary to alleviate the hardship. 11 2 ' Understanding Your Local Landmarks Law Section 10. Enforcement All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any reQuirements included therein. It shall be the duty of the building code enforcement officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation commission, the building code enforcement officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. Section 11. Maintenance and Repair Required Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, color, or outward appearance. No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the historic preservation commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: (a) deterioration of exterior walls or other vertical supports; (b) deterioration of roofs or other horizontal members; (c) deterioration of exterior chimneys; (d) deterioration or crumbling of exterior stucco or mortar; (e) ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors; and (f) deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Section 12. Violations (a) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable to a fine of not less than nor more than for each day the violation continues. (b) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this ordinance shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the village/town/city attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty. Section 13. Appeals Any person aggrieved by a decision of the historic preservation commission relating to hardship or a certificate of appropriateness may, within days of the decision, file a written application with the village/town/city board of trustees for review of the decision. Reviews shall be conducted based on the same record that was before the commission and using the same criteria. 12 3 ' The Designation Process 3 The Designation Process Historic buildings are not automatically protected from demolition just because they're old. They must first be "designated" as landmarks or as part of a his- toric district. Designation is the official act of making a building a landmark. When a commission gets ready to protect more properties through designation, it must follow the process outlined in this section to the letter. There's a good reason for being so careful. Whatyou do will affect the property rights of owners and so they're entitled to what's called "due process." It's an important constitutional concept guaranteeing that no one's fundamental rights will be affected by government without notice and an opportunity to be heard. The commission is part of local government. It has the powers delegated to it by the local legislative body'(your city council or village board). This separates it from other organizations concerned with historic preservation, such as a preservation group or a historical society. The latter fall into the category of not-for-profits. Their activities depend on voluntary,participation by their members or on their ability to persuade people about a course of action. As part of government, the commission has regulatory powers. That means it is acting in furtherance of the public interest and is carrying out the authority it has been given. This is genuine power and it carries with it real responsibilities. Here are the steps the commission will need to take in order to designate a landmark or a historic district. Someone other than the commission (the property owner, the general public) can also initiate designation, in which case they'll be helpingyou to gather the information reouired in Section I below). 1 . Assemble information about why the property is worth protecting. The first step is to gather the information to answer that Question. (For samples of designation applications, see the end of this chapter.) The owner will ask it, For information on surveys or State and the media may ask it,.andyou'll need to know for legal purposes. Your commu- nity may have already completed a survey of its historic resources, which will National Register giveyou information about which properties are historically or architecturally listings, call: significant and why. Oryou may want to hire a consultant and have a survey New York State Office done. Ifyou have buildings listed on the National Register of Historic Places or the NYS Register of Historic Places, there will be forms giving this kind of of Parks, Recreation information. They're probably on file inyour community or can be obtained and Historic from the NYS Office of Parks, Recreation & Historic Preservation, Box 189, Preservation Peebles Island,.Waterford, NY 12188 or call (518) 237-8643. Ask for,either the 518-Z37-8643. 13 3 c` The Designation Process Building-Structure Inventory form (known as "blue forms") and/or the State and National Register nomination forms. All of the information, together with whatyou learn at the designation hearing (this is the formal public hearing where the owner and the public have a chance to speak—see Section 4), is known as "the record." Be sureyour record has the kind of information in it thatyou'd need to convince a dubious person that this property merits designation. At a minimum, the record should contain: ` Property's address Name and address of owner An architectural description (What style is it, what significant features does it have, was it designed by an architect?) and/or A historic description (Was someone important in local, state or national history associated with the property? Did something significant happen there?) Photographs of the property If this is a historic district, why were the boundaries drawn where they were? (is this where the critical mass of historic buildings ends? Is this where the residential area ends? is this a commercial district and other uses begin after this street?) 2. Read the legal criteria for designation (found in your local .law) and write a statement showing how this property matches those criteria. Although the wording of each community's criteria may ,vary, the underlying concepts are the same: properties may be designated if they are significant architecturally or historically (it needn't be both), are identified with historic persons, are the work of an important architect or typical of some style, or are just plain typical ofyour town ("an established and familiar visual feature of the neighborhood"). Remember, they don't have to be nationally significant— locaily will do. Neighborhoods of workers' housing are just as important to designate and protect as the mansion of the town founder. Be sure to use actual language fromyour law when describing the property's significance. If the designation criteria inyour law are: "Section 150a. The commission may designate an individual property as a landmark if it: (i) possesses special character or historic or aesthetic interest or value 14 3 ' The Designation Process as part of the cultural, political, economic or social history of the locality, region, state or nation; (ii) embodies the distinguishing characteristics of an architectural style; then an opening sentence might read, "The 1920s home located at S4 Lester Avenue is important to our local history as an example of workers housing. It is typical of the bungalow style built by workers employed at the shoe factory, which was one of the backbones of the local economy during the first decade of this century. Thus, it has value as part of the economic and social history of our region, pursuant to Section 150a(i)." Or, "The building at 522 Main Street is a typical example of an Italianate commercial storefront. It has been relatively unchanged since it was built in 1885. The original windows can still be seen, as well as.... These are all distinguishing characteristics of the ltalianate style (Section ISOa(ii))." The statement does not have to be long (although having a lot of information now will make decisions about Certificates of Appropriateness—or alteration permits, see Chapter III —that much easier-later)., But it must be to the point. ,:, If a designation is ever challenged in court, the judge will need to see that the commission did its homework. The evidence justifying the designation proves that there was a reasonable basis for this action— in other words, the commis- .' •k,>y_= sinners didn't act on a whim without doing any research first. Several samples `- f' of actual designation statements can be found at the end of this chapter. (As always when using samples as a model, be sure to substitute the language in your community's own law for that in the sample.) 3. Notify the owner(s) that his property is being s ` considered for designation. "sx ' Here's whereyou need to follow the procedure laid out inyour local law exactly. ;x The notification process is usually Quite formal, because the commission must be able to prove that it happened correctly. Letters to owners often must be . sent by registered mail. Sometimes notices must bea- ublished in the newspa- per. ews P P per. The letter sent to the owner should include the statementyou wrote inr '`t Section 2 above about why the property is being considered for designation. It should also include the time and place of the public hearing and should advise 1 ; the owner that he'll be able to speak at the hearing and to present evidence if -_ F he wants to. (For a sample brochure on the effects of designation, see the end of this chapter.) He'll also be able to hear the evidence gathered by the com- Campbell-Whittlesey House, mission. Rochester. 15 3 c' The Designation Process Local law will probably reo-uire notices to be sent out a certain number of days prior to the hearing. The municipal clerk's office or the municipal attorney can tellyou what these reQuirements are. Be careful about complying with these reQuirements; they are part of due process— part of how government gives its citizens ample notice of actions that may affect them and an opportunity to respond. Ifyou haven't done so already,you may want to send one or two commissioners out to meet with property owners. There's nothing like an informal meeting prior to the formal public hearing as a time to answer Questions and allay fears. Take this opportunity to explain how the law works and what it will mean to this owner if his property is designated. Let him know who's on the commission, especially in smaller towns. When government has a face, the whole process is less threatening. Ifyour commission doesn't have time for this, at the very least provide a name and phone number an owner can call if he has Questions after receiving the official "designation proposed" notice. 4. Hold a public hearing on the proposed designation. This will be a very formal event. It will be conducted by the chair of the commission or sometimes by the village board/city council, depending on how your law reads. The purpose of the hearing is to let owners and the general public know why the commission is considering this building for designation (what's in the record) and to give the owner or anyone else an opportunity to respond. Testimony at the hearing should be to the point— in other words, should address the underlying Questions being asked: Is the evidence we've gathered accurate? Does anyone have anything else relevant to add? A representative of the commission should begin by presenting the evidence in support of designation. Read the statement showing how this building matches the legal designation criteria. It's helpful to show slides if they are available. Then give the owner a chance to present any evidence he may have relating to the designation. Members of the public may also be allowed to present evi- dence, as time permits. Owners sometimes misunderstand the purpose of the designation hearing. If they are concerned about the impact of designation or if they oppose it alto- gether, they may come to the hearing for the express purpose of saying so. 16 3 ' The Designation Process From a legal perspective, the owner's opinion about designation is irrelevant (unlessyour law is one of the few reQuiring an owner's consent). His input is being sought solely on the accuracy or possible inaccuracy of the record. From a human and political perspective, however, owners should be treated with care and respect. ,If his fears stem from not understanding the process, take the time to explain it to him. If he is worried that designation may make his future plans for the property impossible, explain the hardship part of the law. It's always better if these Questions are addressed prior to the hearing, but if they come up at the hearing, the chair will need to handle them with patience and tact. 5. Vote on whether the property meets the legal criteria for designation. Commissioners'votes can not legally be based on an owner's attitude toward designation (unless that is one of the designation criteria inyour law). They must be based exclusively on whether the property meets the legal criteria for designation– is it important in local history? Does it embody the distinguish- ing characteristics of an architectural style? And so on. There will be a time and place to hear the owner's evidence about hardship, but it comes later down the road. That's because at this early stage, it would be too speculative. No one knowsyet what the owner's actual plans are or whether, they'll be approved. 'And even if they are denied; the owner will still have an opportunity to prove hardship and get relief. There's a time and a place for each kind of evidence. The job of a commissioner is to know what's relevant at each stage and to base his vote solely on that. Ideally, the record (including the minutes of the hearing) should contain only evidence relevant to the designation decision. If, however, extraneous'evidence (such as speculation about future plans for the building, what they might cost, how much more difficult they might be if the building is designated) creeps into the record, doyour level best to disregard it. Be sure the record has the necessary evidence regarding the property's architectural or historic importance to,justifyyour vote. 6. Notify the owner of your designation decision in writing. Send the owner a copy of the designation decision. This could be, at a mini- mum, the statement about why the property is significant, along with a cover letter indicating that the commission voted to designate—or if they decided not to designate, include a statement about the grounds for that decision. The cover letter could also include information or a brochure about the permit 17 3 'The Designation Process process for making changes to the exterior. Even ifyou covered this information inyour initial contact with the owner, it doesn't hurt to repeat it. In fact, some commissions make a practice of sending out letters to property owners annu- ally, reminding them that they own a designated,property and what that means. This practice helps to alert owners'who may have acQuired their properties since it was designated. Consultyour law to see whether anyone else must be notified. Many laws also reQuire that designation be recorded in the county clerk's office, or posted on a map in city hall. .."!•':'xs� "w:'F`-^t,Via. "L'"�k"�.<; '1p.'rtY"�.N«,t F . y+spa '✓'`^��$1';'; Pulteney Park,Geneva 18 3 ' The Designation Process Sample Designation Applications Amherst Rochester New York City TOWN OF AN I= HISTORIC PRESERVATION COMMISSION CRITERIA FOR DESIGNATION FOR HISTORIC LANDMARK, SITE or DISTRICT (a) The HPC may recommend designation of an individual property as a historic landmark if it (i) Is associated with the lives of individuals, or of people, or of events significant in the national, state or local history. (ii) Embodies the distinctive characteristics of a type,a period, or a method of construction. (iii) Represents the work of a master architect or designer, or possesses high artistic values. (iv) Represents a significant or distinguished entity whose components may lack individual or special distinction. (v) Because of a unique location or singular physical characteristic, it represents an established and familiar visual feature of the neighborhood. (b) The HPC may recommend designation of a property or a group of properties as a historic site if it/they: (i) Contain(s) significant historical or cultural sites where buildings or structures no longer exist such as a battlefield, cemetery, or former transportation facility; or sites which may yield information important to area history or pre-history. (c) The HPC may recommend designation of a group of properties as an historic district if they: (i) Contain properties which meet one or more of the criteria for designation as a landmark; or (ii) Are an area that represents several periods or styles of architecture typical of different areas of history;or (iii) Are an area that has several buildings of the same architectural period or style, and thus constitute unified architectural streetscape consistency, or a significant community uniformity of style; or (iv) Are an area connected with significant events or cultural happenings or developments involving ethnic, religious groups, or other groups of special historical interest; and (v) By reason of possessing such qualities, they constitute a distinct section of the Town of Amherst.' TOWN OF AMHERST HISTORIC PRESERVATION COMMISSION PROCEDURE FOR FILING APPLICATION FOR DESIGNATION OF HISTORIC LANDMARKS, SITES, or DISTRICTS 1. Any individual or group may prepare and submit applications for desi�ftiation. 2. Obtain Application for Designation forms in the office of the Building Department. — Complete the application by typing or printing all the information requested. — Attach all required support materials. — Prepare for submission two (2) copies of the application form and 2 sets of color photos. 3. Submit completed applications and photographs to the Building Department. 4. Applications for designation must be submitted to the Building Department at least fourteen (14) days before the next regular meeting of the Historic Preservation Commission(HPC)to merit consideration at that meeting. The HPC may limit its review to no more than ten (10) applications for designation per month. Those in excess may be placed on the agenda for the following month. In a case where there are extenuating circumstances with a designation application, the HPC may wave the,fourteen (14) day,waiting period and consider the application at its next regular meeting. 5. The Building Department will note the date and time of filing, will keep one original application, make duplicates of the application and attachments, forward one copy to the Town Clerk, and mail one to each HPC Commission Member. The other original application shall be forwarded to the Planning Department. 6. At the next meeting of the HPC, applications will be reviewed by the full Coramission. If any application is found to be incomplete or inappropriate for any reason, the applicant will be advised in writing and given a period of thirty (30) days to revise the application. During that time, no Notice of Proposed Designation will be issued for the subject property. If, at the end of the thirty-day period, the applicant has failed to correct all deficiencies, the application will be deemed to have been withdrawn. 7. After preliminary review of designation applications, the HPC may decide to issue a Notice of Proposed Designation for properties which it feels may merit landmark designation. This action will be taken by a majority vote and recorded in the minutes. Notice of Proposed Designation shall be sent to the applicant, the property owner, the Building Commissioner, the Highway, Engineering, Planning and Assessors Departments, the Town Clerk, the Amherst Museum, and any other town department and/or County or State agency as appropriate. Each department/agency shall be given thirty (30) days from the date of transmission to provide comments on the proposed designation to the HPC. S. Notice of Proposed Designation shall be sent by the Town Clerk thirty (30) days prior to a public 1 hearing to the owner(s) of any property(ies) proposed for historic designation. The notice shall describe the property proposed for designation, summarize the proposed action, and announce the date, time, and location of the public hearing. The Town Clerk shall also send a copy of the Notice of Proposed Designation to the Town Board, along with a copy of the subject application. Landmark Designation Procedures. continued Page 2 of 2 9, Once a Notice of Proposed Designation has been issued, no building permits shall be issued by the Building Commissioner, except for emergency repairs, until the final determination of the proposed designation has been reached. 10. The HPC will refer,applications to the Designation Committee for further review., This committee, composed of HPC members, will review each application, visit each property proposed for designation and, if necessary, conduct further research and/or work with the applicant in preparation for the hearing on the application. 11. The HPC shall hold a public hearing prior to recommending designation of any historic landmark, site or district. A public hearing notice must be published by the Town Clerk in the Town's designated official newspaper at least fifteen(15) days prior to the hearing date. The Cornrnission, property owner and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark, site, or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing. 12. At the close of the hearing, the HPC shall vote whether or not to recommend to the Town Board the designation of a historic landmark, site, or district. 13. The Town Board will also conduct a public hearing prior to acting on the recommendation. 14. The HPC shall file notice of each property designated as a landmark and of the boundaries of each designated historic district with the Erie County Clerk's office, the Town of Amherst Clerk's office, and the Town of Amherst Departments of Buildings, Planning, Highways, Engineering and Assessors. 15. Formal notification of designation will be sent by the HPC to the owner(s) of the designated property(ies) and to the applicant(s)if not the same as the owner(s). Revised per ininutes of 55/98 HPC nseeting. FOR USE OF LANDMARK DESIGNATION APPLICATION FORM BLDG. DEPT. ONLY TOWN OF AMHERST, NEW YORK RECD BY DATE TIME Town of Amherst Historic Preservation Commission Town of Amherst Planning Department — (716) 631-7051 Your name: Telephone: Date: Your address: Organization (if any): A. PROPERTY IDENTIFICATION 1. Building's common or current name: 2. Building's historic name,if known: 3. Street location: SBL A 4. Present owner&address: [list all owners of record and their addresses— use additional sheet, if necessary] B. PROPERTY CLASSIFICATION Category: Ownership: Use of Property: Please note"H" for building _private historic use,"C"for current use: _site _public _agriculture museum _district _commercial park Accessibility: _educational private residence Status: _yes: restricted _entertainment religious occupied _yes: unrestricted _government scientific unoccupied _exterior visible _industrial transportation work in, from public road _military other. progress _interior accessible C. PROPERTY DESCRIPTION 5. Building _clapboard _stone _ stucco material(s): _shingles _'cobblestone _board and batten brick _logs _other. 6. Structural _wood frame: heavy timber _plank system: _wood frame: light members _metal (explain) (if known) _masonry load-bearing walls ( _log _other. (THIS IS A FOUR-PAGE FORM) ` Desiggation Application Form Page 2 of 4 7. Condition/ _excellent _deteriorated Check one: Check one: Integrity: good ._ruins unaltered _original site fair —unexposed _altered _moved date: List major alterations and dates (if known): Source of this information: g. Threats to none known _development _deterioration trioration building: zoning _roads _ fire other/comments: 9. Related bam _carriage house shop —well outbuildings garage greenhouse gardens —other and property: shed —privy _stables Landscape features: - Other. 10. Surroundings: _ open land _densely built-up _residential (check all that woodland —commercial _other. apply) scattered buildings —industrial 11. Interrelationship of,building and surroundings: 12. Other notable features of building and site(i.e., style, details, interior features if known): Designation A]2Dlication Form Pacre 3 of 4 D. SIGNIFICANCE Period: Areas of Significance—Check and justify below _prehistoric _archaeology— _education _philosophy _ 1400-1699 prehistoric _engineering _politics/ 1700-1799 _archaeology— _exploration/ government _ 1800-1849 historic settlement _religion _ 1850-1899 _agriculture _industry _science 1900-1919 _architecture _invention _sculpture _ 1920-1941 _art _landscape _social/ _ 1942-1950 _commerce architecture humanitarian communications _law _theater _community planning _literature _transportation conservation _military _other(specify) economics _music 13. List the following and your source(s) of information: source: Date of initial construction: Architect, if known: Builder, if known: 14. Historical and architectural importance: Referring to the criteria set forth in the Town Preservation Ordinance, list those that apply and explain how the property meets those criteria 15. Please attach any additional material which might be useful in considering the site for landmark designation, i.e., copies of newspaper clippings, magazine articles, old photographs, etc. Photocopies are acceptable. Please be advised that no materials can be returned. Designation A lira ion Foran Fame 4 of 4 16. Sources of information: 17. Photographs required: • Current views • Minimum size: 4"x 6" • Color prints • Two (2) sets of each photograph • Include all exterior views (front,back, sides), showing complete elevations of all structures to be considered. 18. Map required: Obtain from the Amherst Planning Department a location map and mark the Property's l tion on this map. If more than one building is being considered on a property, or the ropehas notable landscape features, include a sketch plot plan of the property noting these buildings and/or features. Date Signature of Applicant APPLICATION FOR DESIGNATION OF LANDMARKS AND LANDMARK SITES (115.36) BUREAU OF ZONING, 30 CHURCH STREET, ROOM 122-B ROCHESTER, NEW YORK 14614 INSTRUCTION TO APPLICANT 1. Submit two copies of this application, retaining the third copy for your records. 2. Attach photographs together with captions, illustrating all sides of the landmark or landmark site and the site on which the proposed landmark is situated and showing all features which justify its designation. 3. Attach a map indicating the size of the parcel proposed for designation and its relationship to the building(s). 4. A nonrefundable fee of$100.00 shall accompany this application. 1. APPLICANT Name: Address: Phone: Interest in Property: Owner: Lessee: Other (explain): 2. OWNER (if other than above) Name: Address: Phone: Has OWNER been contacted by applicant? Yes No 3. INTEREST Does any officer or employee of the State of New York, City of Rochester, or County of Monroe have any interest in the owner-applicant or the subject property? Yes No 4. LOCATION Street address or Legal Description (subdivision and lot number) 5. PRESENT USE OF PROPERTY FOR OFFICE USE ONLY 'umber L- Date Filed: Staff: Received by R.P.B.: -1- 6. ZONING DISTRICT 7. REASON (Why should the property be designated?) a. Physical history (indicate source of information for all statements) Original and subsequent owners Date of Erection: Architect: Builder: Notes on original plan and construction of building: Notes on known alterations and additions, with dates and architects or builders: b. Historical events and persons associated with property: C. General architectural statement Architectural style or period: Architectural interest and merit: d. General description of interior (describe construction, finishes, decorations and state of repair) Significant features of landmark quality: -2- e. Site and surroundings (Describe details of landmark significance and site work improvements): f. Outbuildings: g. General description of exterior current condition (describe construction, finishes and state of repair): g.lcarolynlformsl andmark.app 7/99 -3- THE CITY OF NEW YORK LANDMARKS PRESERVATION COMMISSION 100 OLD SLIP, NEW YORK, NEW YORK, 10005 TEL: (212) 487- 6800 FAX: (212)487-6723 pR� VE�10. � REQUEST FOR EvW ik LU ATI OIL F.34 The Landmarks Preservation Commission is responsible for safeguarding the architectural, historical and cultural heritage of New York City. The Commission's Research Department is pleased to accept requests from the public for the evaluation of the architectural, historical or cultural significance of properties throughout the five boroughs. If a property appears to meet the criteria.for designation as a Landmark, the staff may recommend it for consideration by the Commission. To request an evaluation, please fill out this,form and return it to the address below. Please provide as much information about the property as you can and, if possible, include a photograph. Thank you for your interest in the work of the Commission. PLEASE TYPE OR PRINT Your Name Daytime Telephone No. Mailing Address 4,partment city State Zipcode odays Date PROPERTY TO BE Address EVALUATED Name(if any) Building Type(Original Use) Architect(It known) "'7DITIONAL PLEASE INDICATE BELOW ANY ADDITIONAL INFORMATION YOU MAY HAVE CONCERNING THE PROPERTY: FORMATION HISTORY, SIGNIFICANCE, PRESENT CONDITIONS, CURRENT STATUS, CURRENT USE, etc. 3 ` The Designation Process Sample Designation Statements Ithaca Brighton H-PC Meeting- 06/01/94 Resolution- RC RE: LOCAL DESIGNATION OF THE ITHACA MASONIC TEMPLE, 115 NORTH CAYUGA STREET MOTION: Moved by M. Cannon, seconded by M.R Tomlan WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Commission may designate landmarks and districts of historic and cultural significance; and WHEREAS, Historic Ithaca and Tompkins County Inc. has requested that the Commission consider designation of the Ithaca Masonic Temple, 115 North Cayuga Street, as a local landmark, and WHEREAS, a special public hearing was scheduled for May 23, 1994, to consider designation of the Ithaca Masonic Temple as a local landmark, and WHEREAS, the meeting was continued to June 1, 1994, and WHEREAS, Section 228-3 of the Municipal Code defines a Landmark as follows: A structure, memorial or site or a group of structures or memorials, including the adjacent areas necessary for the proper appreciation of the landmark, deemed worthy of preservation,by reason of its value to the city as: A An outstanding example of a structure or memorial representative of its era, either past or present. B. One of the few remaining examples of a past architectural style or combination of styles. C. A place where an historical event of significance to the city, region, state or nation or representative activity of a past era took place or any structure, memorial or site which has a special character, special historical aesthetic interest and value as part of the development, heritage and cultural characteristics of the City of Ithaca, including sites of 'natural or ecological interest. over _ WHEREAS, the Commission has made the following findings of fact concerning the proposed desigination: The Commission has heard expert opinion concerning the architectural significance of the Ithaca Masonic Temple as an excellent example of the Egyptian Revival style as it was manifested in the 1920s The Commission has heard expert opinion that the Ithaca Masonic Temple is one of the few remaining examples of the Egyptian Revival style in the upstate New York region The Ithaca Masonic Temple is representative of the influence and importance of Freemasonry on Ithaca's development, heritage and cultural characteristics The Ithaca Masonic Temple is the first building in Ithaca designed primarily for use by the Masons, is a place where activity representative of a past era took place and has a special character, special historical aesthetic interest and value as part of the development, heritage and cultural characteristics of the City of Ithaca, The Ithaca Masonic Temple of 1926 is a significant example of the later work of the locally prominent architectural firm of Gibb and Waltz Arthur Gibb and Oman Waltz, both in partnership and as individual architects, have had a significant and lasting impact on Ithaca's architectural development WHEREAS, the Ithaca Landmarks Preservation Commission adopts as its own, the documentation and information more fully set forth in the expanded New York State Building Structure Inventory form dated 05/18/93, additions to the original inventory form submitted 05/20/94, all record of the meetings of 06/01/93, 06/16/93, 05/23/94, 06/01/94, including all public comment and expert opinions, NOW 'THEREFORE BE IT RESOLVED, that the Ithaca Landmarks Preservation Commission, determines that the Ithaca Masonic Temple meets all three of the possible criteria defining a Local Landmark as set forth in Section 228-3 of the Municipal Code, and BE IT FURTHER RESOLVER, that the Commission hereby designates the Ithaca Masonic Temple as a local landmark. RECORD OF VOTE Passed 5-0 Yes No Abstain J. Benson 0 0 M. Cannon M. Preston S. Somogy M.R. Tomlan Malek's Bakery Desi_Lmation Town of Brighton VJIEREAS,the Historic Preservation Commission duly.conducted a public hearing to consider the designation of property located at 1795 Monroe Avenue, tai; account number 13 7.09-3-4 to consider it as a landmark pursuant to the To,,;m's Law Chapter 224 of the Town code of the Town Code ComDrehersive Development ??egulations in which all persons having interest therein had an opportunity, to be heard and, V-F—I'"PEAS, pursuant to 224=3A1 of the Town Code, the Commission determines that the property possesses historical value as part of the cultural, political, economic, architectural, and social history of Brighton based upon its association with early 20`h century commercial development in the 12 Corners area of Brighton and as a Town Hall of the Town of Brighton from 1928 to 1953 and; VVEffiREAS_ pursuant to Section 224-3A3 the property embodies the distinguishing characteristics of architectural style, namely a traditional early 20'h Century small lot neighborhood commercial structure designed to house businesses on the first floor and residences-on the second floor in which the basic framework of the commercial facade remains in tact and the modern improvements thereto including the modern aluminum store front, aluminum doors and canvas awning are largely reversible it is therefore resolved based upon the fact that the property and structure located at 1795 Monroe Avenue tax account number 137.09-3-4 satisfies two criteria for designation as a landmark, namely that it possesses historical value as part of the cultural, political, architectural and social history of Brighton and that it embodies the distinguishing characteristics of architectural style, that the Commission hereby designates such property and the structure located thereon as a landmark under Chapter 224 of the Town Code. 3 - The Designation Proces Sample Brochure on' Effects of Designation New York City ® My building has been designated a 1__._ -ork City is My building is located in a historic disti.-•_. _,'j 1 need landmark. What does this mean? When it designated the Commission's approval to make changes? Yes your building a landmark, the Landmarks Preservation Eveiy designated structure, whe[hei it is an individual Commission officially recognized that your building landmark or a building in a historic district, is protected has special historical, cultural, or aesthetic value and under the Landmarks Law and subject to the same that your building is an important part of New York review procedures.if you want to perform minor work City's historical and architectural heritage. or make alterations to your building (with the excep- To help protect the city's landmarks from inappro- tion of the ordinary repairs and inter ror alterations Q_t priate changes or destruction, the Commission must mentioned below), you must obtain the Commission's approve in advance any alteration,reconstruction, approval before you begin the woi k demolition, or new construction affecting the desig- nated buildings. (S� Erich of New You 1, Cily's designkted landmarks and histol is districts pos- w What is a historic district? A historic district is an area — sesses a special character or special of the city that has been designated by the Landmarks histol ical, crtltural, or architectural Preservation Commission because it has a special significance. The Landmarks Pr•eser character or a special historical or aesthetic interest vativri Commission ]teles preserve the which causes it to have a distinct"sense of place." Each historic district represents at least one period or significance of these buildings and style of architecture typical of one or more eras in the sites by regulating alterations to their city's history. p f important features. Historic districts may contain a variety of building tl_Q \Q�i types and styles from several different eras.For example, the"sense of place"in the Metropolitan Museum l Iiistoric District is derived from a mixture of architec- tural styles ranging from Queen Anne to Art Deco. ® How can I find out if my building is designated?If You do not know whether your building is an individual n Are there any types of ivotk that do not require [lie landmark or located within the boundaries of a historic Commission's approval? Ordinary eatenor repairs and district,contact the Commission.You may also wish to maintenance, such as replacing broken window glass consult the Guide to New York City Landmarks,which is or removing painted graffiti, do not require the Corn- availdble at bookstores mission's approval A Landmarks Commission permit for interior work is required in the following cases: ® How large are historic districts?Historic districts range a when the work requires a permit from the Build- p�I in size tom small groups of historic buildings to areas ings Department or, contining hundreds of properties Fort Greene,Mott I Iaven,Greenwich Village,and Brooklyn Heights are When work on the interior affects the ettev for or, when the interior has been designated by the Land- examples of areas of the city that contain historic districts. marks Commission as an interior landmark. \�\ The Commission's Preservation Department staff can �uu \ tell you whether a permit is needed for work you ale considering. The Commission's booklet entitled "Mak- �IIII� ing Changes to Landmark Buildings" provides a more lul–lul `� detailed explanation of[lie permit application process �. a What are some of the factors that the Landmarks Preservation Commission considers when it reviews umy application? The staff of the Commission reviews your proposal to evaluate the effect of the proposed changes on the architectural and historical character of your building and/or the historic district. o L own a I9iG ----9trig in a historic district.Why does Buildings Department's r nent that all New York City buildings must be m ed in a safe condition. the Landmarks Commission review changes to my Ifou are interested in finding out about making re y building? To preseiye a historic district's special char- airs to our designated building,the Commission's atter, the Commission reviews changes to all buildings P Preservation Department staff is available to give you ,,,thin its boundaries ert technical advice The Commission must review the proposed changes ex P t., 1 our building to make sure that the overall design ■ Will landmark designation prevent all alterations and ,s sensitive to the scale and character of the historic new construction? No Landmark designation does district and that the alterations will not detract from not"freeze"a building or an area Alterations,demoli- tlie special qualities of the surrounding buildings in tion,and new construction continue to take place,but sed the dlStLICt the Landmarks Commission must review the propo It you apple' to the Landmarks Commission to makechanges and find them to be appropriate.This pro- changes to your building,the Commission will take cedure helps ensure that the special qualities of the into account the fact that your building is a contem- designated buildings are not compromised or destroyed l,oraiy structure You will not be asked to alter your If you walk down Madison Avenue in the Upper East Side Historic District,for example,you will see design to make it look"old-fashioned"If will n want to that historic district designation does not prohibit Put,n new�vindo�vs,for example,you will not be asked to install multi-paned wooden windows if they contemporary storefront design did not exist before In addition, new construction may occur when an owner of a vacant lot or building of no significance in ■ Can the Landmarks Commission make me restore my a historic district wishes to construct a new building building to the way it looked when it was first built? on the site The Commission has approved such pro- No Tile Commission reviews only changes that the posals when the design of the infill or replacement property owner proposes to make, building was appropriate to the character of the ■ Will(he Landmarks Commission make me repair my historic district. building? There was concern when the Landmarks a How can I find architects or contractors who have Law was passed that certain owners might allow their O historic buildings to deteriorate to such a degree that experience with historic buildings? When selecting an p architect or contractor,you should keep in mind that the buildings would danger of losing their sign'- many professionals are not accustomed to working on ficaiit features or evenn off falling down. historic buildings or with renovation methods that are To Help prevent such"demolition by neglect,"the sensitive to the Historic character of old buildings Ask marks Preservation Commission approval before doing Landmarks Law requires that designated properties be rofitive t als about their experience with landmark the work,the building owner as well as lite tenant will kept in good repair This provision is similar to the be held responsible. buildings and whether they are familiar with the Landmarks Preservation Commission application pro- ■ I want to sell my landmark building.Must I tell the cess.Request references and look at completed projects. Landmarks Commission? No,you do not need to tell The Commission does not recommend restoration the Commission that you are selling your building professionals Owners of historic buildings in your Landmark designation places no restrictions on an neighborhood may be able to provide information owner's right to sell his or her property about contractors they have used. The Restorntioii Directory lists architects,contractors, ® If I sell my building, should I tell the neev owner that the building i and artisans that specialize in restoration work.It is s a landmark? Yes Even though the available from the New York Landmarks Conservancy, Landmarks Commission registered the designation in 141 Fifth Avenue,New York, New York 10010;tele- the building's chain of title,it will help the new owner t phone(212) 995-5260. to comply with the Landmarks Law. ding.Should I tell the tenants ■ 1<,I designated building is not capable of earning a a I own a designated builY g in my building about the building's landmark status7 reasonable return. May I demolish ft? The Landmarks Yes You should inform each of your tenants that the Law has a hardship provision.You may appl}' for a building is protected by the Landmarks Law and that Certificate of Appropriateness to demolish your desig- k the Commission must approve alterations in advance nated building or to alter it inappropriately on the L` \1 If a tenant makes alterations without receiving Land- grounds of"insufficient return,"or"hardship"" 4 `The Certificate of Appropriateness Process 4 The Certificate of Appropriateness Process This is just a fancy name for the permit process. It refers to the permit (C of A, for short) that owners must get before they can alter or demolish their desig- nated buildings. "Appropriate" is another wordyou'll hear a lot during C of A discussions and it often makes the uninitiated wonder,,appropriate for what? Actually, it's preser- vationist shorthand for changes that are in keeping with the historic style of the building. You'll also hear"compatible" used in the same way. ` Your law tellsyou when and for what an owner needs a C of A. Generally, it will be for any change to the outside of the building. Alterations (like new windows, roofs, porch railings, lights, signs) are covered, as well as new additions (ga- rages, decks, new wings). Demolition of all or any part of the building is obviously covered, as well as moving the building. Any building within a historic district is covered, even if it's a new building. Applying design review principles to a new building mayyield a different result, but that's as it should be since the facts are different. For example;-aluminum siding may be an appropriate material on a 1960s ranch house because that is its original building material. Commissions are very careful —some would even say "picky"— about changes to historic buildings. That's because the character of a building is made up of many individual pieces its windows, its doors, its roofing material, its siding. Experienced commissions know that even the smallest of changes can add up over time to major losses of character. Owners have a harder time stepping back from the project in front of them and seeing the impact of cumulative changes. Routine maintenance and repair are often exempted from the C of A reQuire- ment, so long as the same color and materials are used. So replacing a few rotted clapboards would be "repair;" all new siding would be an alteration needing approval. Paint reQuires a C of A in some ordinances, but not in others. Ifyour law is silent, it covers paint. That's because the law says broadly that all alterations are covered—so in order to be exempted, a particular alteration would have to be specifically culled out. You'll need to help owners distinguish between "repair" and "alteration." Sometimes it's obvious, some- times not, but pay attention to the degree of change (wholesale replacement with new versus keeping the original and fixing it up) and to whether the same materials and color are being kept. 19 4 c' The Certificate of Appropriateness Process 3 4' $}/ Yom. <�:s+='"'' „� �;•_,�:�.. ^\yam; r ',�< , _,i if•. 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'�N'� T a € g"�^<��JH:'J •7 = 3 ?� 3 r i€ E\\ rY'."'1:�,.:,w Yom".,•yfw�`�.�i;`,�`tis+_..}",y/S i�/'3 P��✓}„ ya: ` `^`3�. ,s�a,'�:. •.1 'Z. bti 3- i f^"r" ?^ .�"r,��.��! U- , (-�a�.4,a yr a yy '�tj°�1p��]�r •.< 7rM i: 3fX' 'k'k - �\• \, - ) k<+" 1 1. 23'�� 'Vii`��g�`, - �\ �1�`{{{:�r t'"4�✓} 3 - _ f After Owners have a harder time stepping back from the,project in front of h them and seeing the impact of cumulative changes. 21 4 ' The Certificate of Appropriateness Process When should an owner apply for a C of A? As soon as he knows what his plans are, and certainly well before he expects to start work or has ordered materials. Occasionally owners will wait until work is about to begin. These situations are always frustrating. Owners are angry if the commission doesn't approve their plans as is ("But I've already paid for the materials!"). Commissioners feel trapped. In the long run, both sides benefit from consistent C of A decisions. If it's not workyou would normally approve, don't do so now because work is already underway andyou feel pressured. It leads to harmful precedent. 1 . Filing the Certificate of Appropriateness Application. Many owners discover when they go to apply for a building permit that they have to get a C of A. Your codes officer can be invaluable as an early warning system, provided he knows which buildings have been designated as landmarks or are within historic districts. Many preservation laws apply to work that doesn't need a building permit (paint, window replacement, porch work). This kind of project sometimes slips through the cracks or is noticed by neighbors or commissioners out for a walk. 'Ifyou're in the habit of sending annual reminder letters to owners that they have designated property, this problem can be minimized. The commission should have a standard application form and it should be readily available from a municipal office (often the codes office) open during regular business hours. Someone in that office should be able to answer owners' basic Questions about the process and the information reQuired. More complex Questions should be referred to the chair of the commission. Much owner frustration stems from the early application stage of the process. If insufficient information has been provided prior to the commission's meeting, the decision will have to be tabled until the next month. This is difficult for owners who want to move ahead on their projects. A careful review of the application by the commission chair,or a member to ensure that all necessary supporting materials are included will do worlds for the commission's public relations. Be sureyour application form includes a large blank space for a written descrip- tion of the project. Sketches can be very hard to decipher. Lists of materials may not make sense unlessyou know where they'll be used. ReQuire a narrative description. Your law may contain a list of information needed as part of a C of A applica- tion, but not all of it will be needed for each project. Elevation drawings, for instance, are probably unnecessary unless the proposal is for new construction. Product samples, on the other hand, are always needed. Paint chips for a paint 22 4 `'The Certificate of Appropriateness Process 4 job, samples of roofing products for a replacement roof, drawings or photos of porch spindles for a porch repair project—or betteryet, an actual new spindle and a photo of those already on the porch. Verbal descriptions of these materi- als are inadeQuate. So is an owner's promise that the new material will be "exactly like"what's there now. The'commission needs to see it. Photos of the property should also be provided, along with close-ups of the project area. Although each commissioner should visit the building to under- stand the project thoroughly prior to the meeting, photos will help them get an initial sense of the application prior to their visit. (See sample application and instruction to applicant forms at the end of this chapter.) Out of fairness to commissioners, have a policy about how many days in ad- vance of the next regularly,scheduled meeting applications must be filed. Allow time for copying the applications and supporting materials and mailing them out to commissioners, who will then need time to read through them and make site visits. This is how good decisions are made. Two.weeks before the meet- ing is a typical reQuirement. Resist owner pressure to overlook missed dead- lines or to schedule special meetings. Although in rare cases special meetings may be appropriate, too many of these tend to affect attendance. If there's not a Quorum present, the commission can't vote anyway. Not being able to conduct government business puts the commission in a poor light., 2. Making a Site Visit. Visits to the property are a must. Never decide an application based onyour memory of the building, no matter how longyou've lived in town. Some appli- cations reQuire familiarity not just with the building itself, but with its neigh- bors. You have to see it foryourself. Application instructions should include the message to owners that they may see several people driving or walking past their property prior to the meeting. They will be commissioners wanting to understand the project completely before they vote. Even thoughyou won't need access to private property, owners want to know whoyou are and thatyour decision is being taken seriously and is based on firsthand knowledge. Commissioners who talk with owners prior to the meeting, either to help them fill out their application or in the course of making a visit, should be careful not to give their opinions about how the commission will vote. You could tell them howyou personally feel, althoughyou're only one'commissioner and can't speak for the others, but even this strategy often backfires. Owners, anxious to know what will happen, tend to take this opinion as representative of the commission and are then disappointed and angry if the vote goes differently. 23 4 'The Certificate of Appropriateness Process 3. Meeting to Decide the Application. Encourage owners to attend the'commission meeting where their application will be discussed and decided. Give them an opportunity to present their application and to answer Questions from commissioners. Think of this as the "information gathering" part of the meeting, as distinguished from the discus- sion and decision part. The next part of the meeting should be the commissioners' chance to discuss the application among themselves. Owners have a legal right-to,listen to this discussion, but not to participate in it. This distinction is easier to convey if owners are seated in the audience rather than at the table. The chair may need to remind owners that they may listen, but cannot interject comments or engage in debate with commissioners during this part of the meeting. When discussing an application, be sure to do so in terms of the criteria inyour law. -Ifyour law says something like: "The commission's Certificate of Appropriateness decision shall be based upon the following principles: (i) properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible; (ii) any alteration of existing properties shall be compatible with its historic character, as well as with the surrounding district." then be sureyou say things like, "This front porch is an important historic feature of this building. Its removal, as proposed in the application, would be a severe alteration." or "This proposed paint color is not compatible with the building's charac ter. It is not one of the colors that would have been used on a building w of this style. „- Avoid saying things like, "1 don't think the applicant has really tried to fix this front porch. It ='gip seems to me he'd just prefer to remove it and put a new deck out back." or . . ;f '5 . , r „, "I don't like this paint color. 1 don't think it would look well on the building." Hannibal French House, Decisions (and discussions about them) should be based only on the legal Sag Harbor. criteria inyour law. A commissioner's personal taste is irrelevant. Know what 24 4 `'The Certificate of Appropriateness Process the criteria are for C of A decisions and how they're different from criteria for designation or hardship. Basing a decision on the wrong set of criteria could lead-to it being overturned if it's ever challenged in court. Use the objective criteria of What did buildings of this period look like? Will this proposal be in keeping with that? Your guide is the building itself, rather thanyour personal aesthetic sense. Understanding the difference will-not only lead to good decisions, it will also reassure owners that the commission isn't sitting there as an arbiter of good taste. The design review stage is also not the time to hear hardship evidence. Hard- ship (see Chapter IV) is a term,with a specialized legal meaning for preserva- tionists. It is not synonymous with "burden" or "owner in a difficult place." The chair may need to keep a firm hand on the wheel to keep hardship evidence out of the record at a C of A meeting. If it creeps in, disregard it in reachingyour decision. There will be a time and a place for that evidence. So any talk about the expense of the work, impact on saleability of property, or the owner's personal financial situation is all irrelevant at this stage. The sole basis foryour vote should be the physical appearance of the proposed work and its compat- ibility with the building's historic style. It is not the commission's job to re-design an applicant's project. It isyour job to give him as much guidance as'possible so that if re-design is needed, he will leave with a pretty nitty-gritty understanding of what changes will make the project approvable. Having an architect as a commission member is invaluable. Ifyou're disapproving the owner's first try, don't say things like, "That kind of awning is all wrong for this building. It's incompatible. We also don't like internally lit awnings that masQuerade as signs." But rather, "Awnings that stretch across the entire front facade of the building, covering up the top foot of the windows, are incompatible with the building's historic character. Historically, awnings fit within each window's opening, so that the shape of the window was not obscured, and were deep enough to keep out the sun, usually 1/3 to % of the window opening. Awnings would also not have had,lighting within them. Lights on this building would be appropriate if they were placed....... A sign on this building could be located in the original sign space which runs just above the door." Now he knows exactly what he has to change before he comes back. When the commission votes on the application, be sure the motion is specific about what parts are approved and what may be disapproved. Also state the reasons. It's much easier when it comes time to write up the decision. 25 4 ' The Certificate of Appropriateness Process 4. Writing up the Certificate of Appropriateness Decision. Drafting a sound decision is just as important as making the right decision. Too many commissions give this part of the process short shrift or delegate it to clerical staff. Worseyet, some simply stamp the application "approved" or "disapproved." Never use a form. It is on the adeouacy of this written docu- ment that the commission's actions will stand or fall if they are taken to court. (See article at the end of this chapter, "Some Facts About Court Challenges.") The decision also has an important public relations value. This is the only part ofyour work that the general public and owners may ever see. It needs to communicate clearly not just what, but why,you decided the wayyou did. Every decision (and this applies to designation and hardship decisions as well) should have three parts: the facts, the legal criteria applied, and what the result was (the decision). Think of it as a math problem. 1 (the facts) + 1 (the law) 2 (the decision) If any of these parts changes, the outcome could change. That's whyyou'll need to be very specific about each component. In school, remember how the math teacher wasn't interested in just answers— he always wanted to seeyour work? A judge is just the same. If she's reviewing the legal adeouacy ofyour decision, she'll want to see howyou reached it and why. Her review will be asking Questions like: ' Were the facts accurate? Or was the decision based on a misapprehension? Were the correct legal criteria applied? Or did the commission rely on considerations that should have been irrelevant.at this stage? A court will not second-guess the commission's decision as to its substance. It will only check the work to be sure the process used was correct. But it has to be able to see the process. The Facts: Here's whereyou'll lay out the facts of each application. What is it the owner wants to do? Be specific— not just "porch repair" but "replace rotted porch stairs with concrete; replace missing turned spindles with 2x2s; paint stairs with Benjamin Moore Medium Gray latex paint; paint new spindles with Benjamin Moore White to match existing spindles.' 26 4 F---' The Certificate of Appropriateness Process The Law: Quote fromyour law's C of A criteria. Refer to specific statutory sections. For example, "Section 114(d) reQuires that 'new construction shall be compatible with the district in which it is located."' If more than one criterion is relevant, feel free to cite several. But don't cite all of them unless they're truly all applicable. That looks too much like the boilerplate, "one size fits all" approach. Do not rely on any criteria other than those found inyour local law, no matter how good they may be. Do not cite the Secretary of the Interior's Standards for Rehabilitation, unless they also appear inyour own law. Although their underly- ing philosophy is well respected and no doubt consistent with that inyour own design criteria, they are apples in this context andyou need oranges. Do not citeyour consultant's opinion. While she may be an expert in the field and her advice may indeed have been helpful, the responsibility for the decision rests with the commission. You may consider advice from any number of sources, but your conclusion needs to be based ultimately on the criteriayou were given by the local legislative body who empoweredyou. The Decision: This is the most important portion of the decision—both to the owner, who wants to know what he can do, and to a reviewing court,.who needs to know why you came to this conclusion. Think of it as the "therefore" part: If these are the facts and those are the legal criteria, therefore applying one to the other, this is the result. Now here's where the analogy to a math problem breaks down —there could be more than one right answer for a property. Most commission decisions, unlike . math problems, call for some discretion,'some exercise of judgment. That's okay—it's why we have a group of people making these decisions rather than a computer. Don't be afraid to exercise-Your judgment, so long as it's along the right lines (follows the legal criteria). There's more than one way, for instance, to design a compatible addition to a historic building. So long as it blends in height, massing, setback from the street, window pattern, etc, it will be appropriate. Individual commissioners may have differences of opinion about which of several designs is the best. That's alright too— it doesn't meanyou've misapplied the criteria. But ifyou're differing because some like the proposed new addition, but others feel any new addition is too expensive and the owner should be allowed to demolish the 27 4 ` The Certificate of Appropriateness Process building because he'll never recoup his investment,you're on the wrong track. You've jumped into hardship criteria (which shouldn't come into play until later) rather than C of A criteria. There are certain verbs thatyou should use whenyou write a decision, and others thatyou should never use. That's becauseyou're writing a legal docu- ment. There must be no doubt about what the owner is reQuired to do. Never use verbs that are vague or fuzzy or call for judgment on the owner's part, even ifyou think that softens the decision and makes it more palatable. You are not writing a press release or a persuasion piece. Do not try to be a mediator. You're writing a regulatory decision and it needs to be clear. Here's a list of verbs to use and others to stay away from: Use Do Not Use shall may encourage will try to suggest recommend prefer What's wrong with the verbs in the "No" list? They leave the ultimate decision up to the owner. Ifyour decision reads, "The owner should try to repair his porch columns before replacing them with new ones" What does that reQuire? How hard must he try? If he calls in a carpenter who tells him repair is impossible, is that good enough? Does he need two carpen- ters? Or if he simply thinks about it himself for half an hour, does that suffice? Or how about decision language saying, "The commission prefers Plan A to Plan B?" is the owner free to go with either plan? Be specific when explaining the rationale for the decision. Rather than, "Replacement windows are denied because they're incompatible with the existing building." QY Say instead, "Replacement windows will not be approved because their size and shape are not the same as the original windows. Windows are an important 14=" 4710�'1I "` ingredient in the character of the historic property. In this Italianate building, Y ..� '• the original tall, slender windows were meant to provide light as well as a �. "t, vertical emphasis. Shrinking the window openings and installing shorter, more sQuare, contemporary windows would not be compatible with the historic character of the building, as reQuired by Section 150(d) of the preservation law." 28 4 `The Certificate of Appropriateness Process This paragraph enables the reader to follow the commission's thought process and to see that it was guided by the concept of compatibility, which is one of the law's criteria for making such decisions. What ifyour commission wants to change its response to something it has allowed in the past, but now believes it shouldn't? In other words, how doyou make a break with bad precedent? First of all, the best decision is the right one, so ifyou're now convinced of the error of precedent, set it straight. Spell out the�reasons for the change— new studies producing new evidence, experience showing that the hoped for result does not in fact occur, etc. Or distinguish the current case from past cases. For instance, "Vinyl siding will not be allowed on this Greek Revival house, despite the fact that the neighboring houses in the historic district have it. Siding would cover up the uniQue flushboard on this house, which is an important character-giving feature of this kind of architecture. Flushboard was meant to imitate stone or marble and was applied to form a smooth, seamless finished appearance, reading very much like stone from the street. Its use enabled a Greek Revival building to resemble a Greek temple even more closely. Cover- ing over,such an essential element on this building with siding that would look like individual clapboards would erase an important part of the meaning and purpose of Greek Revival architecture." When owners understand the basis foryour decision, even if they don't agree, they know it was not reached arbitrarily and capriciously. Over time, this will lend credibility to the commission's actions in the public eye. See the end of this chapter for samples of good written decisions. 5. Send a copy of the decision to the owner and to the building inspector_ Your law may reQuire that decisions be sent out within a certain number of days or by registered mail. You may also need to file a copy in city hall. Be sure the codes officer gets a copy even if not reQuired by law. Asyour enforcement arm, he needs to be kept abreast of whatyou've decided. It's even better if he attends commission meetings on a regular basis. What happens if work is done that is different from that approved by the com- mission? The codes officer can issue a stop work order. Most laws provide for Pines or other penalties (such as having to put the building back the way it was before the illegal work took place). These can be levied against work that was done without any C of A as well as against work that varies from the C of A. 29 y,�. `fit.'?`.` �,en:�� :> 1'. - - Y ., ,-. •• \ - •; y' .�:i<ffly `;4"v,.^.ice� ' „�.- 'vim'' ,�.�.:;c�"`"' .^ '" •< �a; ,rw �� ;«�'� 's "�yw.`�� `*»Ea;'+'„'�`;"Q.•r�,�;'i^ ,pec„�..,•�rZ..k%�,s�'.A•. � r,.fr., w'�•O ..-t,":� .,, 111 ,z:';i�.F..:';^rte <....:,°'. Clifton Park. 30 41- The Certificate of Appropriateness Process Sample Applications and Instructions to Applicant New York City Amherst Rochester Endicott Binghamton 9 THE CITY OF NEW YORK LANDMARKS PRESERVATION COMMISSION z 100 OLD SLIP,NEW YORK,NEW YORE, 10005 TEL: (212)487-6800 FAX: (212)487-6744 �p 1 RVF� krPLICATIO I'M` i 0 RM F-2 FOR WORK ON DESIGNATED PROPERTIES This application will not be deemed complete until it is so certified by the Landmarks Preservation Commission. An application consists of an application form and the materials necessary to describe the project fully If being submitted in response to a Warning Letter or Notice of Violation,please enterthenumberbelow. Please print or type all items. If not applicable,mark N.A Staff use On PC DOCKET# DATE RECD DATE CERT.AS COMPLETE BLDG DEPT.#&DATE STAFF ❑INDIVIDUAL G SCENIC = INTERIOR PMW D CNE Q C OF A O REPORT ACTION OTHER WORK.TVPE DESIGNATED ADDRESS FLOOR OR APARTMENT PROPERTY BOROUGH BLOCK LOT ZONING DETAILED DESCRIPTION OF PROPOSED WORIC Use back of form if necessary COST OF PROJECT WARNING LETTER/ NOV# TENANT/LESSEE/ NAME.TITLE&FIRM III oppllcoble) PHONE(day) CO—OP SHAREHOLDER ADDRESS APT# CITY.STATE,ZIP CODE ARCHITECT/ NAME,•TIILE&FIRM(It applicable) PHONE(day) ENGINEER If applicable ADDRESS CITY,STATE.ZIP CODE CONTRACTOR NAME.TITLE&FIRM(II applicable) PHONE(day) If appilCatile ADDRESS CITY.STATE.ZIP CODE PERSON FILING APPLICATION NAME,TITLE&FIRM(ll applicable) PHONE(day) e.g Expeditor,Attorney, Managing Agenl,etc. ADDRESS - Cf1Y.STATE,ZIP CODE ARE YOU APPLYING TO ANY OF THE FOLLOWING? ❑ Buildings Department ❑ City Planning Commission E)Board of Standards&Appeals 1 am the owner of the above listed property 1 am familiar with the work proposed to be carred out on my property and give my permission for this application to be filed.The information entered is correct OW11ER and complete,to the best of m.,-knowledge For applimbons for work on or in a Coaperahve or Condominium building, OWNER'S NAME and TITLE(pleCne type or pnnt) PHONE Iday) the"owner"Is the Co-op Board or f Condominium Assooallon An officer of the Co-op Board or Condominium COMPANY,CORPORATION ORGNJPATIOIJ Til applicable) Awcantion must sign this application. Please consult the Instructions tar Filing for addlbonal Iniomrabon SIGNATURE SIGNATURE OF OWNER DATe Note section 255-317 of the Administrative Code of the City of Nev.York makes it a punishable offense to willfully make false statements on this application r�vnv THE CTTY OF NEW YORK LANDMARKS PRESERVATiON CONCM15Si ON �+ ` o ) 100 OLD SLIP,NEW PORI, NEW yO� 10005 (212)487-6800 FAX(212)487-6744 IN S T R FILA N G F-I WORIC THAT if an owner wishes to perform any work on a designated Iondmark or on a property in o desranated histonc district, he or she must obtain a permit from the Landmarks Preservation Commission ("LPC") REQUIRES approving such work before carrying it out The LPC reviews the proposed wort:To determine its effect on LPC APPROVAL the significant features of the properly and,in a historic district,its effect on nearby designated properties APPLICATIONS An application consists of an application form and oil other information necessary ttondescribe the proposed work adequately Only complete applications can be processed An app that em n incomplete three months after the applicant has been notified by LPC staff that additional matenals are required to complete the application shall be deemed to be withdrawn The LPC uses a single application form. Any person seeking to perform alierolions, construction, reconstruction, demolition or minor work on a landmark (including work on an inenor landmark or ❑ landmark site)or in a historic district must complete the application form in order to secure a permit All application forms must be signed by the owner of the property. An application for work on of in a cooperative building must be signed by the President or other appropriate officer of the Co-op Board An application for wail, on or in the portions of a condomnum building in common ownership must be signed by the President of other appropriate officer of the Condominium Association The signature of the managing anent of the building is not sufficient,unless the managing agent is also the President or other appropriate officer of the Co-op Board of Condominium Association. An application for work on or in on individual condominium unit must be signed by the owner of that unit.An attorney may sign on behalf of for the owner, provided that the attorney notes the building owner if the attorney has power of attorney (below his or her signature)that he of she has power of attorney Owners and their architects are encouraged to consult with LPC staff after filing an opploahon form.Filing may be done by mad or in person.There is no filing fee. Descriptive matenals will usually hove to be submitted to complete the application The applicant should use photographs, drawings,photo-montages,material samples and wntten specifications to explain and describe the EXISTING CONDITION of the building,the PROPOSED CONDITION of the building, and,if the information is available,the HISTORIC OR ORIGINAL CONDITION of the building Depending on the type of work proposed,the descriptive matenals submitted for the application should inclue floor plans,eevations, ective eta ls building elements In a historic d stricdt, phot graphs)showing the Tibu ldiingsin the coin ext of the lf nearby designated buildings and the surrounding streetscope are required. If, upon review, the LPC staff finds that on application is incomplete, the staff will send a checklist of materials to the oppliconi,indicating what additional materials ore required O EFFECT Oil PROTECTED ARCHITECTURAL FEATURES (a "CNE") is issued when the TYPES OF A CERTIFICATE OF N PERMITS architectural wort: requires a Buildings Department peri-Nil but does not affect the significant, protected architectural features of a designated building. For example,the LPC staff may issue o CNE for protects requiring alterations to on undesignated interior or to non-signlficani features of g rear wall.The LPC has 30 working days from the date that the LPC staff certifies the application is complete to process o CNE. However,the issuance of o CNE usually takes less time. A PERMIT FOR MINOR WORT: (a "PMW") is issued for work on protected architectural features of a designated property when a Buildings DeportmenT permri is not required LPC staff may issue a PMW Tor protects such as exterior painting,replacing doors or window sashes,installing storm windows,or masonry visit the site e issuing a IAW The LPC has work gi days from thherdote of hhotP he LPC staff certifies C staff may d tothat the application is complete to process a PMWo A CERTIFICATE OF APPROPRIATENESS (a "C of A") rs issued for wort,,that requires a Buildings Department permit and affects the significant, protected features of a budding, or when any proposed changes carinal be found to be appropriate by the LPC stuff A C of A may be issued only after the proposal has been brought to a public hearing before the LPC and has been formally approved and, where applicable,any conditions of the approval have been satisfied. The LPC customarily holds public hearings on C of A applications on the fourth Tuesday of each month in order to be considered al o public hearing, on apolicoiion usually must be filed and certified as complete by the LPC staff during the last week of the month preceding that public hoeo�ng i The applicant should also contact the local community board before the p g, asl,the applicant for more information about the application. When on appilcont's work requires a C of A,the LPC must mcke a determination on the application within 90 working days of the date that the LPC sIcH certifies that the applrcailon is complete. IJOTE All new buildings proposed to be built in historic districts, and most must file ents to xis ing designated buildings, require o Certificate of Appropriateness All applicants Projects with the Buildings Department and submit to the LPC an Objection Sheet from the bu dinos Department in order for the LPC sToff to certify the oppioation as complele and calendar the apploofion for a public hearing w � THE NEW YORK CITY LANDMARKS PRESERVATION,' COMM1�=. N 100 OLD SLIP NEW YORK, NY 10005 TEL: 212-437-6800 FAX: 212-437-6;.3 qlr APPLICATION ' St®r�fr�nt Application material should clearly describe any signage, lighting, awnings, security systems and accessibility provisions such as lifts or ramps. I . 8 by 10 inch color photo(s) of the entire 01: p ( ) building. photo(s) of the full facade(s) of the building, showing proposed storefront in relation to upper floors; and photo(s) of the street showing the building in context with the neighboring buildings. 2. 8 by 10 inch color photo(s) detailing the location of the proposed installation of awnings, S1gI1S, security gates/bars,and/or lighting fixtures. drawings a. an elevation of the proposed storefront indicating all features including those related to signage, awnings, security, lighting fixtures and hardware. b. plan, section and construction details. 4. Sainples of all materials, finishes, and!or fabrics. Note: The Application Fonn must be sided by the owner of the building Staff will contact you if additional materials are required. Storefront alterations require a presention to the full Commission at a public hearin`, F_, THE NEW YORK CITY LANDMARKS PRESERVATION COMMISSION - 100 OLD SLIP NEW YORK, NY 10005 TEL: 212-487-6800 FAX:212-487-6723 I�LS TO B FIIJE-D IT I N Windows f 1. photos of building and typical existing window(s). 2. two sets of drawings proposed and historic windows: a. window elevation drawing(s) of each window type. b. window section drawing(s) at full or half scale: vertical (head/sill), horizontal (jamb), mullion & muntin. Large (full or half) scale - include all dimensions. C. Floor plan indicating the number &,location ,of proposed windows. 3. color sample. 4. conditions statement describing the type and extent of deterioration for windows to be removed. 5. documentation of the original window (if available). _ Staff will contactyouu if additional materials are required y�ul-hl t THE NEW YORK CITY LANDMARKS PRESERVATION COMMISSION 100 OLD SLIP NEW YORK, NY 1000 TEL- 212-487-6800 FAX. 212-487-6723 MATERIALS TO BE FILED WITH APPLICATION Cleaning Masonry ® 1 . photo(s) of building. ® 2. specifications of method of cleaning. Include the type of chemical & amount of water pressure to be used (note: must be below 500 psi). Masonry Repair 1 . photo(s) of buildinc, showing existing condition. p ( ) t) t) b ® 2. conditions statement describing the type and extent of deterioration. ® 3. specifications for method of repair,. 4. mortar and/or resurfacing/patching mix. NOTE: approval of test patches is required after permit is issued. Specifications must state that work will only take place when the exterior temperature remains a constant 45 ' Fahrenheit or above for a 72 hour period from the commencement of the work. Staff will contact you if additional materials are required Re, 2196 THE NEW YORK CITY LANDMARKS PRESERVATION COMMISSION 100 OLD SLIP NEW YORK, NY 10005 TEL: 212-487-6800 FAX: 212-487-6723 ION Painting NOTE: Application is not required if there is to be no color change. 1. color photo(s) of building showing existing condition. ® 2. color sample(s) indicating which colors are to be used on different parts of the building. Staff will contact you if additional materials are required Rcv. &Y.) �o a THE NEW YORK CITY LANDMARKS PRESERVATION COMMISSION 100 OLD SLIP NEW YORK, NY 10005 TEL: 212-487-6800 FAX: 212-487-6723 KSS 0 MATE AL/J T® c •� FILED D WIT APPLICATION Awninas and Signs FA 1. photo(s) of building with proposed location of awning/sign indicated. 2. closeup photo ofro osed location of awningb/si p p gn. ® 3. drawing of awning/sign with dimensions. 4. detail drawing showing point.of installation, and how it will be installed. 5. color samples. 6. material sample(s) or description of material(s). 7. description/drawings of how awning/sign will be lit. Staff will contact you if additional materials are necessary Rev 8/y; ttVC t ,pf=r THE NEW YORK CITY LANDiMARKS PRESERVATION COiNtytISS10N 100 OLD SLIP NEW YORK, NY I0005 TEL: 212-487-6800 FAX: 212-487-6723 1:11 T AT ® J-X-IALS TO BE FILED WITH. RT APPLICAT1UON ThrouLir Conditioners I. If the air conditioner is visible from the street, the applicant must submit:. 1 . photo(s) of building with proposed AC locations indicated. 2. , elevation drawing showing AC centered under window(s) and dimensions of the exterior grille. 3. section drawing showing grille flush with masonry and dimension beneath sill. ® 4. catalogue cut sheet showing grille type and unit (architectural grille). ® 5; paint ca�u showing finish to match surrounding masonry. II. If the air conditioner is not visible from the street, the applicant must submit: I . building footprint plan, block plan or Sanborn map showing location of work. 2. photo(s) of proposed location (if work may affect protected features). 3 . elevation drawing showing AC centered under window(s) and dimensions of the exterior grille ILI 4. section drawing showing grille flush with masonry and dimension beneath sill Still l will Contact vols 11, ndCiltlon"1l materials �lrc rcCltlircd A "y'Of fJ� THE CITY OF NEW YORK LANDMARKS PRESERVATION COMMISSION � t _ 100 OLD SLIP,NEW YORK NEW YORK 10005 TEL: (212)487-6800 FAX (212)487-6744 SUPPLEMENTARY INSTRUCTIONS These are supplementary instructions to the Commission's"Rules Relative to Proposed Construction of Rooftop Additions,"Title G3,2-14,Subchapter B. In order to judge the appropriateness of proposed rooftop additions to individual landmarks orid buildings in historic districts, the Landmarks Preservation Commission must understand the relationship of the addition to the design of the landmark and/or to the surrounding buildings in the historic district. To Illustrate this relationship the applicant must complete these three steps, Provide a block plan and an elevation of the blockfront showing the building, the addition, a,-Id adjacent buildings on the block., In proper scale. For short blocks, draw the entire blockfront; for STEP 1 long blocks Include enough of the blockfront to Illustrate the building's context - D❑D❑ 00 �� DO 0110❑❑ ❑ ❑ ❑ D ❑ ❑ ❑❑0❑ DD ❑ D ❑ o❑❑❑ ❑ oo ❑ ❑ ❑ ❑ ❑ ❑ ❑❑❑ ❑ ED DOD ❑❑�❑❑ ❑❑ ❑❑ ❑ BLOCKFRONT ELEVATION STEP 2 Provide sight-line drawings of the building to Illustrate whether the maximum visibility of the proposed addition at pedestrian eye-level, THE MOST COMMON VIEWPOINTS ARE: 1.A-B From the for side of the sidewalk directly across the sheet from the building; I I C B D 2. A-C, A-D From the for side of the opposite sidewalk \and down the sheet in both directions where the additions would be most visible; 3. From other public areas such as parks, squares, or bridges,or from the sidewalks around the corner from the building. I � \�\J Draw the sight-lines selected o A�' n the block plan from Step 1 (which may need to be expanded to Include all the viewpoints) Draw to scale cross-sections of the buildin with the proposed addition, following these sight-lines, The viewpoints for these drawings shouldgbe from average eye level, about 5 feet 4 inches off the round. Note that, exce t for a viewpoint directly In front of the building,the sight-lines are not al right angles to the buildPng.Take care to draw the sigght-lines from the top of the building to the facade of the addition at the same angle as the line from the sidewalk to the top of the building. SIGHT-LINE CROSS A B�-- SECTION STEP 3 If the sight-line analysis shows that the proposed addition would not be visible from public spac:s, Step 3 need not be completed. Illustrate the blockfront, building, and addition as they actually would appear to a person on e sideway Perspective drawings or photo-montages,which are photographs with the addition dic.wn in or over-laid on a clear plcOic sheet,can be used.The viewpoints selected will depend on the rile condition for each project, but should be the some as those selected for the sight-line drawings. Indicate these viewpoints on a block map, Viewpoints should always be taken from average eye level. PERSPECTIVE DRAWING WITH PROPOSED ADDITION Rev 21Y'. OF Historic Preservation Commission i l Application for Certificate of A ➢ 'r®p riateness pp APPLICANT (PErmoNER): NAME ADDRESS TELEPHONE NO. CITY&ZIP CODE PROPERTY OWNER'S NAME Of different from applicant): ADDRESS: DESCRIPTION OF WORK: By attachment, this application provides the following items: ❑ Photographs of the property attached. ❑ Elevation drawings of proposed changes, if available. ❑ Perspective drawings, including the relationship to adjacent properties,if available. ❑ Samples of color and/or materials to be used. Where the proposal includes signs or lettering: ❑ a scale drawing showing the type(s) of lettering to be used, andimensions,and colors ❑ a description of materials to be used ❑ the method of illumination ❑ a plan showing the sign's proposed location on the property. ❑ other information which the Commission may deem necessary in order to visualize the proposed work. The certificate of appropriateness shall be in addition to and not in lieu of any building permit that may be required. Hate Application-Received: Commission Review Date: ❑ Approved ❑ Denied APPLICATION FOR CERTIFICATE OF APPROPRIATENESS BUREAU OF BUILDINGS AND ZONING (115.37) CITY HALL, ROOM 122-B, 30 CHURCH STREET ® ROCHESTER, NEW YORK 14614 Prior to submitting this application, make an appointment with Staff Person of the Preservation Board, Telephone Number (716) 428-7043. INSTRUCTIONS TO APPLICANT 1. Submit one (1) copy of this application. 2. Submit three (3) copies of a scale site plan (10', 20' or 30'to the inch) showing any existing or proposed structures, paving, signs, trees, bushes or hedges and their relationship to the lot lines. 3. Submit three (3) sets of scaled floor plans and elevations depicting the exact work proposed. Include scaled drawings or catalog pages of details, such as signs, windows, doors, porch rails, light fixtures, etc. 4. One (1) copy of each scaled site plan, floor plan, elevation, or other drawing must be submitted in a size and with sufficiently dark lines to be copied legibly on standard office copier, no larger than 8' 1/2 in. X 11 in. 5. Attach photographs of the existing conditions, along with material samples and color charts. 6. Attach a denied application for a Certificate of Zoning Compliance with two (2) copies of a completed-- Environmental Assessment Form. 7. Attach a copy of variance, special permit, site plan or other special approvals if applicable. 8. The Zoning Bureau will provide a sign****giving public notice of a pending application. It should be posted on the property for seven (7) days prior to the meeting -facing the street, readily visible from the public right-of-way. 9. A public meeting will be scheduled before the Rochester Preservation Board upon receipt of a complete application. The Preservation Board consists of nine (9) members appointed by the Mayor and confirmed by City Council. A decision can be reached by the concurring vote of five (5) members. The applicant or a representative must be present at the meeting. 10. A copy of this application and all documentation should be kept for your records. **** CAUTION: Signs not posted may result in that case being omitted from the agenda. I. PROPERTY ADDRESS: 2. APPLICANT: ADDRESS: ZIP CODE: PHONE: Interest in property: Owner: Lessee: Holding Option: Other (explain): 3. OWNER: (if other than above): ADDRESS: ZIP CODE: PHONE: 4. INTEREST: Does any officer or employee of the State of New York City, City of Rochester or County of Monroe have any interest in the owner-applicant or the subject property? Yes No FOR OFFICE USE ONLY ABER A-: MEETING DATE R.P.B.: ADDRESS: STAFF- -1- 5. PLAN PREPARER: ADDRESS: ZIP CODE: PHONE: 6. ATTORNEY: ADDRESS: ZIP CODE- PHONE: 7. PRESENT USE OF PROPERTY: 8. ZONING DISTRICT: 9. LANDMARK OR LANDMARK SITE? Yes No 10. OTHER APPROVALS: Will this application necessitate approval of the New York State Board of Review or a variance of the New York State Uniform Building and Fire Safety Code: Yes No Is any state or federal funding being used in this project, or will project result in application tax credits or other state or federal benefits? Yes No Explain: 11. PROPOSED EXTERIOR IMPROVEMENTS: Describe, list and give reasons for ALL of the exterior work you proposed to do. (a) (b) (c) -_ (d) (f) 12. APPLICANT'S DISADVANTAGE: Will you suffer a particular disadvantage if the work proposed is not permitted? 13. PLANT MATERIALS: Describe the type, number, size and condition of any trees, bushes, or hedges or be removed and to be planted -2- 14. PRESERVATION GOALS: In passing upon applications for Certificate of Appropriateness, the Preservation Board must evaluate the proposed work in terms of the purposes for which Landmark, Landmark sites and Preservation Districts are designated. It should be guided by the below listed ,l standards. The applicant should consider if these standards are met by the proposed work. (a) Visual Compatibility 1. Heights Yes Not Applicable 2. Proportion of Front Facade 3. Proportion of Openings 4. Rhythm of Solids to Voids in Front Facades 5. Rhythm of Spacing and Building on Streets 6. Rhythm of Entrance Porch & other Projections 7. Relationship of Materials, Texture & Color 8. ' Roof Shapes 9. Walls of Continuity 10. Scale of a Building 11. Directional Expression of Front Entrance (b) Quality of Design and Site Development I. Open Space between Buildings & Setbacks 2. Materials & Relationship to Adjacent Structures 3. Relationship to Overall Character of Neighborhood 4. Provisions for Recreation, Pedestrian &Automobile Access, Parking, Servicing and Retention of Trees & Shrubs (c) Additional Considerations for Landmarks or Landmark Sites, Only 1. Color 2. Repair 3. Restoration APPLICANT I CERTIFY THAT THE INFORMATION SUPPLIED ON THIS APPLICATION IS COMPLETE AND ACCURATE. SIGNATURE OF APPLICANT DATE OWNER (if other than above) I HAVE READ AND FAMILIARIZED MYSELF WITH THE CONTENTS OF THIS APPLICATION AND HEREBY CONSENT TO ITS SUBMISSION AND PROCESSING. —,JNATURE OF APPLICANT DATE gAcarolyn\forms\coapprop.app -3- SAGE OF ENDICOTT APP� TION FOR �'�� .TE GF ,.G1 .�.�( :ofd} ENMCO=EUSTOeIC pRESERVAnON CONUAN,90N Date Submitted: Application Number: FFTP('� Yl _ Business/Stom Nam - N� P_ PFR O V0,4FR_ Phone: n N Mate- lin' $PPT T ANT(�wner'c ager t) _�hoae C1 H State- 7in- Phone:0 H Stated ZiP Msilina, Phone: n P Town- Stated ZIT- Phone: H Stat_ Tin Mailincy F Est - Ri lding Name(if any Date buil ding i,nilt i��l� N rare l R er arq Oirrent Tice• PT Q'wed P Wili youhn n=136 rig far -ax 7 IL T T,T E FO , r,W1 4(_32R'7•'L7 THi]j!,pPT.TC'A-- l• NAR ATNF: Provide a printed or typed narrative on reverse (use more sheets if needed)wilt a detailed description of your proposed work. Be complete and specific so you R]LLY inform&,prepare the Commission members. ** 2. PICTURE(S): Provide picture(s)of the property as well as the area where the proposed work will occur. 3.- IRA—CrS: Provide scale drawings,pictures,blueprints of the proposed work wrth dimencinnc�nd meas_rM=IS 4• MA 1 T.S: Provide actual samples of proposed materials and colors for the proposed work. 5. STIR Y: Provide when available. ** The Commission is required by the Endicott Code Ordinance:to nj1prove or denyderide,ha4ecl or whether tbepmpasw �v l is compatible w►in �h nl�`�,c ch teeter of h h ildin¢ and k enrnpztihle vAth the Rurro nding area. The applicant is strongly urged to appear in person to answer possible questions when thus appgoes before the Commission. If questions application g arise that remain unanswered, or if information needed is incomplete or unclear,the application is usually denied which causes a cirleyofstrnonth. This form completed by Date- �� Vff_T_kGE OF ENDICOn' mipguaknoN FOR C-LTE OF APPROMBiB�!" (COW DETA=D NARRATIVE FUL -Y DES`�'RIBFNG PROPOSED WORK This form_�?pleted by- Date: RavLsed Januar)'1, 2000 g • , o E P WING HO' USING & COMMU ITY �EVE�3PB�Eh" Richard A. succi, kLRyor CITY OF BINGHAMTON APPLICATION FOR DESIGN REVIEW To: Commission on Architecture and Urban Design Division of Planning 4th Floor-City Hall Binghamton, NY '13901- S Application is hereby made for design review from the strict tppli:ation of Landmaft Preservation Ordinance of the City of Binghamton, New York,pursuant to Section 6 of said Ordinance. Fifteen days are needed to Process this application. AiI of the following infor- . .•�e �-<,• ,ieh, *�f_ra —f%llr Mrin[t_ tinn r,-%n be Dwt essed. Piease fill out this . IliCul.•.. o..7..+r %,ve application in black ink. 1. PROPERTY INFORMATION Property dress: Building Name: Tax Map No.. Status: Leal Landmark Historic District Property Use: Residential Governmental Other Commercial industrial Recreational Ofrices 2. APPLICANT INFORMATION 0 First /Addle Last App4i!,-ant Dress: Street ` city zip Cade Applicant Telephone No.: Home : i 1 Work : ( 1 C=HALL a GOVERNMENT PI.EL:R c BINGHAMTON, NEW TORE 13DOl-5776 s rAZ f (607) 7'72-05. 8 ADMD3I5TRATTON (607) 772-7028 ® PI.E;NNING (6.07) 772-7063 a BDUSING (6-07) 772-7240 (TDD for hearimgo / apoech impaired persons: (F07) 772-706.8 _ Applicant's Relaiionship to Property: Check One Owner Tenant Contractor Other Note- If the owner Is someone other than the applicant, please have the affidavit form attached to.the back of the application completed and sgned by the owner. �. PROPERTY HISTORY Planning Staff will provide the applicant with available property history.H additional information pertaining to the property is known please kt::' de. Year of Construction: Original Ar ra: Description of Original building based on photographs, hiMOft drawings,phy51=1 0.,F,L:jerca, memory os oral hisiorIv Description of physical alterations or additions to the structure: Description of the surrounding neighborhood: Page 2 4. PROPOSED WORK--in accordance to Sec. 7209 and 73D7 of Arlicle 147 of the State Education Law some projecl submissions may require the stamped seal of a licensed Architect, Engineer, or Lands;ape Architect., Descdpfion of work proposed to the building, she or historic feature. Description should include materials used, dimensions and color chips (lf palnting): Will demolition or removal of building features take place in this proposal. If so,phase describe necessary work: Note:Add additional sheets as neoessary to CkMlbe proposed work. Contractor: Phorw 9: Architect or Engineer: Phorm t: Construction Schedule: Page 3 6. SUBMISSIOkS--Please submit the completed desi;n review tp;li:zlion end the fohDwing supportive materials,to aid Con missgn memberB in visueiizin; the proposed ProJct• Current Photographs-These may be ®undir2 or Site Plans-- -- -� these may irclude tumPe3 black and white or calor prints vrtttt � APs from an Engineer,Arct�ntrt - 4ninimum sire of 3' x 3'. or La 's Archilx . Samp;es-�tuat samples of �talog Guts-•FAanutacturers tiro- armatQrials beim Prod� tine chures or sQecifration ZtMM. Color C:harts-•Manufacturers molar S;utchss - Elevaflorm,p3sns pr details that will be 1016=ed refection charts or drips w1mi h'�^it le by t1w PMPMSI- paint name and oD& nurrber. EAF Short Forrn--r1.,cm etion 04 the ^h Short Environmental Assess- -.anent Form. 6. APPLICANT RESPONSIBILITIES The appli,-ani is obligated to complete work as Il is Presented in the applii:ation,IVY deviations or changes in the scope of work or materials is subject to additional review by LAUD. Failure to do so may be grounds far invalidation of the Deriftate of AsPproPriateness and revocation of your buiidmg Permit. rovide general assistance and advice regarding the appropriateness 01 GAUD Staff may p 0 worm. proposed but CRUD has no obligation to approvework basad on sten involvement. 'The Binghamton Commission on Architecture and Urban Design is hereby requestted to 01 review the s=pe of work Presented in this application,to determine the &pprapr design as regulated by the Binghamton Landmarks Drdirmrm;e- Signature of Cwner: >l7ste Signature of Applic:.a nt: ®81e: (;i different trom 0a►ner) "Note: Submission of this 2;p1ration end approval of the projerl by CAUD does not erase the appli;anl from acquiring rwmssary buliding permits or other Permits as required by the Law for the ProPased wflrL Pa@ e 4 %&"4 mm rB —lett 12 • PRCUECT I.D.NUMAER ttT21 SEDR Appendl: C . State Environmental Cuality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Onty PART ll—PROJECT INFORMATION (To bo completed by Applicant or Pro}ecl sponW %. APPLICANT ISPONGOR E. PROJECT kkME Z. PROJECT LOCATION. Mur►ic4mitty couety A. PRECISE LOGATIDN Rtreei awrou and mg interwctwim,prominent ionamamu,Mc,r pm WAM B. 95 PRDPOSED ACTION: D W.. D Expansion ©Modtttoalw"iterttbn B. DESCRIEE MJEC:T BRIEFLY: 7. AMOUKT OF LAND AFFECTED- tnttislly aeras Lttirnateoy Berea S. WILL PROPOSED ACTION C044PLY WITH EXISTING ZONING OR OTHER EXISTING L"D LSE R.WmCTDokv D Yea D No H Mo,etaecrib.brWty e. WHAT IS P'RESEN7 LAND USE IN VICINTTY OF PROJECT? t^I D Fla.rdentlal D Me ."l D co.mwcLI D Asricunw, D ft&)Fcmtl8pw trp&w 1J ovw 1D. DOES ACTION INVOLVE A PEFUArT APPROVAL DR FUNDING,NOW OR ULTIMATELY MOM AMY OTHER GOVERkMEWTAL AGENCY(FUERAr' aiTATE OR LOCAQ? D res D No It pas.list agereotR14 and pen meopmata 11. DOES ANY ASPECT OF THE HAVE A CUARENJ7LY VALID PERUM DR APPROVALT 3 t1a. D N, faf yes.*w ox-mcl.eine red rarwAftwMewal 12. AS A RESULT OF pp*MSED ACTION WILL EXISTING PERMITIAPPftOVAL aIEOLnRE 11001FIZAMN? D Yes D No 1 CERTIFY THAT TKE MFONAATION PICI'V=ABOVE rp TIX To TWE BEST OF ICY KMOMfLaEDGE wssra: a3ignature 11 the action It In the Coastall Area:, and you ere a Mate agency, empiete the Coastal Assessment Form before prizeedlnp with thi6 assessment OVER S -o -'PART TI—ENVIRONMENTAL ASSESSMENT (1'o be cornp1e1a6 by A®an:y) !� DOES ACTIDN EXCEED ANY TYPE 1 Tt•IRELMOLD IN ai NYCR&PART 811.1$? M yec,000411 ale ms rs*r* OWMA •I ens Mo Wo POLL W• D res D No N. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FDR UNLtrw&=oN6 IN i wyC k PART 11117,117 F uta.®ftop+ow&W-MMU may tM auperbefto*y amcthw Irmot"d bow4y. L7 Yes - D No L COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSA" AIED WTTH THE FDLLDWINQ (khawro»Rsay M ref•6 uel�9 =I. Esrafinp all eualttr, suftaze as prounawatar ewllty ar wanttty. nokae bvels, exw" wic gnw7%L atwa -"u Pte^ ax aw"O. sclorual tw wbaim.aralwe Or Ibo uv,rtibi Wl Upum lwietly t;Z Aessnetk,apri=Awal,amhaao""4 kmw k or ether nauft or aunwil mbourms,w eo+swrw+hy w aelShbo+"O"04►wW7 Lo"town >rt 1 epmtion w Rune,tirtL.sthetlfiah w st%dlfto apache,&bpnmkertt aaN+tasa,w vvwaww w waappww aaatw Wim Meet A 60"imumity's aswm ptane or poets as D"r-laity a40pt@d,ar a ahanga in sm cr kuputty st we al Mrg R saw a mwW awor=0 E,r*lain 1001y fl7S GrOwTh,aLd+aQuent t.or owaied a hrnha mke y to be kwuow by tale(esap»rad amtlael4 Laurin w otty. Long t wrrL,Ww n taM a Rbk0&tire,w athex irft a FoCK 00ntlfia9 in eux?ammem bft"y• DWer knp="orcIlAimp t:hWV" in Pao at eium tf wmtty or b>se 9(aw vy7?Lq"bn Nobet!)• JD. t5 THERE..OR M THERE LIKELY TO BE,CONTROVERSY R.ELATE•D TO POTENTlA.L ADYERSE EpM1PDKUEMAL IiP'I'M? D Tess IJ No tf Yea,a,plakn bhefiy PART 111—DETERMINATION OF SIGNIFICANCE (To be acirrtpl®ted by Agency) wt7MUCr NL- For&=h a affe t kWdlfWd abOft'detwMine wt obw K iot tlsi,iat�,bnp terl4-or ee�+�llae L Each fir : ap-=lu W as-&+uad in cecTw:tlon rcith its (a) wtting p.®. urban ®a rum!); (b) ihty C4 4=7 fla wri OM Wevetslblllty-,(a) pecgraphlc scope; and M rnagnitLtdc. If necessary,sdd anachnwnts or refw*wA 96Ppportirtg w0terWL Enume Oral strsptanatkmo contain suHiclent d®tall to show that all relevant adrvw" ktIpa= harms been identltisd Mad e6601Ia1ety 80 Cho--k thins box If you have Idsntlfled'ong w, amore potentially lwge or si®nif c&N advem krOs.-U wt%bDh KAP' al::,,:ur. Then proceed directly,to the FULL EAF altnWDr PmPmra ea Passtth" a iaratiost. Ct}eck this box ff you have determined, based M the Inft rMOOn and alta "It 9160" alter eny SUPPOr:irkg dxumentatbri, that the prOPOs&d &ctlon WILL NOT Mutt In sly tlPnlf"n��t�sarvirotwn*`rktl kW--U AND provide on aattachrrsents &Is naosasary, the raa ant saapport nD R�ww Lead hprncr l roe wnx es�a+►uxe r.+ l.�sa w�tr+cY W" a,rejr&pcms rcrr in Land Ar"Kv mom M IM) Date 2 4 The Certificate of Appropriateness Proces "Some Facts About Court Challenges" Some Facts About Court Challenges by Katherine Raub Ridley How often do preservation commission's decisions get taken to court? And when they do,how often are they overturned? The answer to both questions is "Not very often." The prospect of litigation is one that leaves most landmark commissioners feeling uneasy, however. It may help if some of the most common misapprehensions are put to rest. Here are answers to the questions commissioners most often ask about court challenges of commission decisions. What if the judge disagrees with us about our decision? Disagreement with the substance of a decision is not a reason for overturning it. The judge may not be convinced that a property can be rehabilitated or may disagree that the paint scheme is the right one for the house—but as long as there is evidence in the record to support the commission's decision,it will be,upheld. 'Courts often reiterate the principle that their job is not to substitute their judgment for that of the commission. It is rather to be sure the commission applied the right criteria and had a reasonable basis for their decision. Our decision was a split vote,with some commissioners disagreeing with the majority. Roes that make it vulnerable to challenge? There is often evidence in the record that would support a decision either way. Those are the times when a commission must exercise its discretion. But the fact that the answer was not black and white, or that the commission debated it for some time,-does not make it a poor decision. In fact,that's probably evidence of a commission doing a conscientious job. Are commission members personally liable for commission decisions? No. Public officers are insulated from personal liability in the course of their duties. So while unhappy owners may make threats to the contrary, there is no liability on the part of individual commissioners so long as their actions are not criminal in nature. If you follow your legal criteria and make decisions based on evidence in the record,you have nothing to fear. What happens if our decision is overturned in court? The judge will either state what the decision should have been or he may send the whole matter back to the commission and ask it to re-consider its decision according to different criteria. In either event,monetary damages are not assessed against the commission or the municipality. In any challenge,the owner has,the burden of proof that the commission's decision was wrong. There is a presumption that the commission acted correctly. Courts will not second-guess decisions or substi- tute their own judgment on issues that could have been decided either way. ,Knowing this, commis- sioners should make conscientious decisions based on evidence in the record without fear of personal liability. 4 - The Certificate of Appropriateness Process Samples of Written Decisions Ithaca Endicott ILPC Meeting 05/18/00 Resolution RB-2 RE 610 East Seneca Street, East Hill Historic District RESOLUTION: The resolution was moved by K. Foley and seconded by T. Herron. WHEREAS, 610 East Seneca Street is located in the East Hill Historic District, and WHEREAS, as set forth in Section 228-4(E) of the Municipal Code, Landmarks Preservation, all proposals for material change/alteration must be reviewed and granted a Certificate of Appropriateness by the Ithaca Landmarks Preservation Commission prior to the issuance of a Building Permit, and WHEREAS, an application has been submitted to replace the east porch as shown on materials dated April 2000, and WHEREAS, the Commission finds that the applicant had not provided sufficient documentation and information in advance ofb beginning work on the project to evaluate impacts of the proposal on the subject property and surrounding properties, and WHEREAS, at a continuation of the public hearing, sufficient supporting information was provided by the applicant, and WHEREAS, a public hearing for the purpose of considering approval of the proposal has been concluded, and WHEREAS, it appears that the project is a Type U Action under the NYS Environmental Quality Review Act and the City Environmental Review Ordinance and as such requires no further environmental review, and WHEREAS, the Commission has made the following findings of fact concerning the property and the proposal: • 610 East Seneca is a Street is a contributing element of the East Hill Historic District. • Constructed in the last quarter of the 19"' century, the residence is historically and architecturally significant as a reflection of the growth of the early village beyond the boundaries of the "flats". • The property is significant within the context of other properties in the East Hill Historic District, which together reflect the growth of the early village from a manufacturing community to an international)}r prominent center for education and research, • The property retains sufficient integrity to reflect its architectural and historical significance. • The proposal involves replacement of the porch roof and floor, removal of old trim elements and railings, construction of a new trim and railings and repair to the lattice grille window. • The purpose of the proposal is to replace deteriorated porch elements and strengthen visual character. • In its evaluation, the Commission has considered-the following: are in- Proportion, scale, sire, and design o ural style thef therresidence although theyeplacement trim and doof replace keeping with the architect ty f exactly the porch which was removed. Design of replacement lattice window grille is based on existing evidence Of earlier appearance. • The proposal will not have a substantial adverse effect on the aesthetic, historical or architectural significance of the district. NOW THEREFORE BE IT RESOLVED, that the Ithaca Landmarks Preservation Commission determines that the proposal as presented at the continuation of the public hearing meets criteria for approval under Section 228-4 E(1)(a) of the Municipal Code, and BE IT FURTHER RESOLVED, that the Commission approves the request for a Certificate of Appropriateness with the following conditions: RECORD OF VOTE: 4-0-1 Yes No Abstain D. Beer 0 M.R. Tomlan N. Falconer K. Foley T. Herron S. Somogy } Endicott Historic Preservation Commission Decision Au-Proved: Moving the existing entryway to the most southerly display-window facade opening so that it exactly duplicates the exrstmg entryway. The existing entryway must be duplicated at the new entryway location by makmg use of the following actual materials from the existing entryway:the wuzdows,window frames, door,three foot wide windows that abut the door on the right and left, and gray carrara glass below the windows along the sides of the ramp walkway leading to the door. The existing materials just mentioned shall be used to mance a new entryway that duplicates the following aspects of the old entryway: the seventeen(17) foot recessed doorway;the window size and window configuration to the left and right sides along the existing seventeen foot ramp entryway walkway;the three foot wide windows that abut each side of the existing door. The existuag gray glass treatment along the sidewalk applied vertically on each side of the southern most display window shall remain as is. This gray glass treatment will be the only aspect of the new entryway at this location that will not be a duplicate of the old entryway: 1. The tile walkway; and 2.the style, design, and height of the rounded ceiling,with its large curved corners, above the seventeen foot ramp walkway. The fifteen(15)inch high black glass with its etched ornamental design and also its framing above the southern- most display window, shall be preserved in their present location and remain unchanged. It is unclear if the matching areas above the other two display windows and above the existing entryway are wood covered with black paint or are panes of matching glass covered with black paint. In either event,in order that they continue to play their part in preserving the historic character of the storefront,they shall all be preserved,with their existing franung,in their present location and remain unchanged except for cleaning or removing the black paint to expose the black glass possibly underneath. Approved:Moving of the southern-most display window to the opening in the facade where the existing entryway is located. This display window is twelve(12)feet wide and the facade opening where the existing entryway is located is only ten and a half(10 ''/S)feet wide so the glass will have to be cut to fit the new opening. The gray glass treatment below the southern-most display window shall be moved and reinstalled below the display window after it is moved to its new location. The gray glass treatments on the left and right of the southern-most display window shall remain where they are,intact and unchanged. The metal window frame that will be needed between this display window at its new location, and the other display windows, must mance use of the existing metal frame from its old location so that it matches all the other metal window frames. The tile walkway in the existing entryway must be preserved as is,intact and unchanged,and the installation of any type of interior floor must be accomplished over this tile walkway in such a way that the tiles are not damaged and in such a way that the newly installed interior floor can be easily removed at a fixture date without damaging the tiles. The rounded ceiling with its large curved confers over the existing ramp entryway must be preserved intact and unchanged and any carpentry done to hide it must be accomplished so the existmg ceiling is not damag damaging the ceiled and so the carpentry work can be easily removed at a future date without ing. Both buildings in flus application are typical of the retail storefronts built between 1902-1910 on Washington Avenue. The storefront on 105/107 appears to have been altered very little and stands as one of the few remaining examples of an Endicott historic storefront building during the explosive commercial growth after George F. Johuison established the Endicott-Jolnnson Shoe Company at the north end of"the Avenue." As such,it is especially important to preserve its major, character-giving features. With any storefront, the size and shape of the display windows represents the building's most prominent features. They are what tells the passerby that this building is a commercial,rather than a residential structure The portion of the applicants plan that included moving and shrinking the size of the windows, and increasing their total number, camlot be approved because it would create a major loss to the building's historic character as a storefront and would be ul violation of Section 131-5-B-1 of the Endicott Code. The applicant presented photographic and physical evidence that the building once had an entrance on the southern-most side of the front facade, where he now proposes to relocate the existing entryway. Thus change is approved based on the evidence that it would be a return to the ongrnal door location and thus would be in keeping with the property's historic character pursuant to Section 131-5-B-2 of the Endicott Code. The owner is to be congratulated for his interest in reopening the building's second floor windows, currently covered with large inappropriate signage and false or veneer back. This too would restore an iniportant architectural feature of this storefront. The Conunussion looks forward to reviewing an application for the window's size, shape, and style once the onginal window openings have been exposed. The applicant will be allowed to retain the existing historic sign projecting from the second floor of the building which now reads"Furruture." This sign,witli its illumination pattern of individual light bulbs,is typical of early commercial signs and should remain because it maintains the historic character of the building and the historic character of the street. Although it is much larger and is mounted higher on the building than would be allowed for a new sign,the applicant will be allowed to reuse the historic sign by covering the existing lettering with a plate or by some other means and putting up a new word to advertise his new use of the building. Wording,typestyle,lettering, colors and the method for inounting the plate and letters mist be approved by the Commission. The applicant's proposed canopy uniting the two buildings at 105/107 and 109/111 Washington Avenue is denied as beiig inappropriate in design,placement, and style for historic storefronts and visually incompatible with the property's facade pursuant to Section 131-5-4 of the Endicott Code. Historic Commercial awnings were mounted dust above the display windows and covered the top third or top half of the window glass. Applicant's proposal would have the awning mom-ited dust under the second story window openings and would have stopped short of the top of the display windows. It would not have been a functional awning,but was more an attempt at a design solution intended to unite the two buildings because of a common ownership. Such inappropriate treatments would cover up large portions of historic facades with a broad sweep of color that draws the eye to them rather than to the building itself. They obscure,rather than compliment,the historic storefront. The owner's goal of visually tying the two properties together could be accomplished more subtly and more appropriately by using the separate existing original awning treatments on each building that fit the existing window openings, and by uniting the two through a common color,fabric,and design. Leveling off of the existing"ziggurat" cornice of the building at 109/111 Washington Avenue was denied pursuant to Section 131-5-B-2 of the Endicott Code as being incompatible with its historic character. Early photographic evidence from 1930 exists showing this same cornice lire on this building,which undoubtedly still exists behind the current plywood material now covering that facade area. Retention of this shape is important to the character of the building especially because of its history with the building for at least seventy years. If the applicant wishes to remove the modern plywood material currently covering this cornice,the Conunission would welcome such an application. Washington Avenue's remaiung historic storefroints are critical to the historic character of the entire street (and,thus, economically important for attracting both new businesses and customers). If, one by one, they are altered past recognition,the entire ambiance of Endicott's commercial center will have been lost and will look like a character-less strip mall in any other town. Therefore,it is important to ensure that these buildings are adapted for new uses in such a way that their historic features will be treated with care and sensitivity. Signed: Date 1 5 'The Hardship Process 5 The Hardship Process This-is the time when economic issues are considered. You'll be deciding whether an owner can make a reasonable return on his property even if he has to act according to the C of A. Hardship is a common term in preservation laws. It's also a common term in everyday speech. Therein lies the problem: people think they know what it means. Actually, hardship in a preservation law is a legal term with an out-of-the-ordinary definition. Let's talk first about what it doesn't mean. Webster's Dictionary defines it as "something that is the source or cause of privation or suffering." You hear about someone who's borne many hardships during his life, or about the many hardships suffered during the Depression. It can mean hard times or tragic events ranging from great to small. This is the popular meaning of"hardship." We each have our own personal standards for what's a hardship. Losingyour job would be a hardship for adults. On the other hand, a hardship to a teenager could be losing his phone privileges for a week. Trouble occurs when each member of a commission applies his own personal standard of hardship to a preservation issue. Not only do these standards vary greatly, but none of them are probably the same-as the legal standard for hardship. Used in a preservation law, hardship usually revolves around money. Some laws have minimal definitions of hardship, while others have extensive criteria. All definitions have some common denominators and usually have to do with whether the property can produce a reasonable return. But the important thing to remember is that personal hardship standards have to be put aside when deciding a preservation hardship case. Your degree of sympathy—or lack of it —for the owner's situation is the wrong legal criterion. Think of hardship as a safety valve. It provides relief to owners when the pressure caused by property regulation becomes so burdensome as to approach a taking of private property without compensation, in violation of the Fifth Amendment of the Constitution. What kinds of cases have been known to lead to hardship applications? In cities, it's often linked with development pressure. Owners of two or three-story landmarks would rather put up a high-rise building on what,has become very valuable land. In smaller towns, hardship applications are more apt to come from owners who feel their approach to the project (often vinyl siding or porch removal) is cheaper and just as good as the commission's. 31 5 c`The Hardship Process 1 . Hold Hardship Issues Until the Right Time. Hardship should be the third and last type of decision made by preservation commissions. Time-wise, it comes only after a property has been designated and an owner has applied for and been denied a C of A. This is the stage of the process at which financial issues are relevant. Conversely, other issues that were relevant earlier, like the significance of the building or the compatibility of the design, are not relevant here. It's important not to blend hardship evidence in with design issues and vice versa. So while at the C of A hearing,you should not be listening to "doing it that way would cost more," at a hardship hearing, you should not be considering"it's the oldest building in town and the most important to our local history." There's a time and a place for each kind of issue. Your job is to know what's relevant when. The legal definition of hardship in New York State depends on what kind of property the owner has —commercial, residential, or property owned by a not- for-profit organization. More about how to apply the legal criteria later (see Section 4). Z. Help the Owner Understand the Kinds of Information You'll Need to Decide His Hardship Application. Since we're now talking money, all the previous information the owner produced becomes irrelevant. He'll need to fill out a different application, this time for hardship, and to produce financial kinds of evidence. (See sample hardship application at the end of this chapter.) He should know that this is not an appeal of the C of A decision. This is a hardship application. They are peaches and pears. An appeal would look again at the same evidence to be sure the design review decision was soundly based. It would ask Questions like: Did the commission apply the correct criteria in reaching this decision? Was there evidence in the record to support what they decided? Someone other than the commission would decide the appeal. But a hardship application goes to the commission. It involves totally different evidence and a whole new set of legal standards. What kinds of financial information will the commission need? Anything relating to the value of the property and the income it's been producing for the last fewyears. If it has been vacant, why? If it had been prudently managed, what kind of income could it have produced? The last time it was used, what was it for? If it were fixed up, what kind of income could reasonably be ex- 32 5 'The Hardship ProcesE pected? Has it been advertised for sale? For how long? Was the asking price a reasonable one? What other uses is the building suitable for (even if they're not the owner's preferred use)? What would it cost to convert the building for those uses and what income could it then produce? Notice that the focus is on the building, not.the owner. The Question is not, ` Can the owner afford to do the work but rather, ` Can the building'produce a reasonable return, even if the work has to be ,done the commission's way? It shouldn't matter who the owner is or what his personal financial situation is. The hardship decision should come out the'same whether the owner is a millionaire or a pauper because it's based on the property. Your application form may contain a list of financial informationyou want, or you can tailor it to each case. Some commissions ask for: ` All appraisals obtained within the previous twoyears by the owner or applicant in connection with the purchase, financing or ownership of the property ` Any listing of the property for sale or rent, price asked and offers received, if any, within the previous twoyears Assessed value of the property according to,the two most recent assessments ` Real estate taxes for the previous twoyears ` Form of ownership or operation of the property whether sole proprietor ship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other If the property is income-producing, the annual gross income from the property for the previous twoyears, itemized operating and maintenance expenses for the previous twoyears, and depreciation deduction and annual cash flow,before and after debt service, if any, during the same period In the case.of a proposed demolition, an estimate from an architect, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure ` An estimate of the cost of the proposed construction, alteration or demolition and an estimate of any additional cost that would be incurred to comply with the recommendations of the commission for 33 5 ' The Hardship Process changes necessary for the approval of a Certificate of Appropriateness Any other information considered necessary by the commission for a determination as to whether the property doesyield or mayyield a reasonable return to the owners The criteria for hardship inyour own law will guideyou when it comes to what kinds of information to ask for. Bear in mind that there are different criteria for residential and not-for-profit properties (see Section 4, Legal Criteria). But be sure the owner understands that he will need dollars and cents proof of hard- ship. General allegations, unsupported by specific financial evidence, are not enough. "Doing the project the commission's way will cost a lot more" is not hardship. Nor is "I'm living on a pension and can't afford it." 3. Hearing the Hardship Application. just like at the earlier stages, the owner should be notified of the time and place of the meeting at which his application will be discussed. Unlessyour law reQuires it,you do not need to hold a public hearing. But the public may certainly be present atyour meeting to listen to the evidence andyour discus- sion. Begin by.giving the owner an opportunity to present his application; if he wishes. Ask any Questions necessary to understand his evidence. You should have a lot of Questions. Analyzing financial information is not easy, particularly ifyour financial background has been limited to preparingyour tax returns. Here's where commission members with business, banking, appraising, and real property expertise are invaluable. They can help the others understand the numbers and know what other information is needed. Ifyou'don't have this expertise onyour commission, go find it. City or county government probably has appraisers and economic development types working for it. Since the commission is part of government,you have access to their expertise. Ask for it. Whenyou've asked all your Questions of the owner, move into the discussion stage. As earlier, this part of the meeting is closed to the public—and the owner— insofar as their ability to interject or argue their application. This is the commission's time to discuss the evidence—without interruption. It usually, helps if the chair makes a statement to the audience reminding them of that. 4. Deciding the Hardship Application. The first step is to apply the right legal criteria. Look to whatyour law says. It may have a few criteria or it may have a lot, but chances are it at least talks about "reasonable return." Even ifyour law doesn't define this concept more 34 5 'The Hardship Processs �l than that, there have been a lot of court decisions developing what this concept means. You can look to them for further help. Legal criteria if the property is commercial: When the property produces income for its owner (store, offices, rental houses), hardship occurs when the owner can't make a reasonable return. Only one law in New York State supplies any hard numbers about what percent might be "reasonable"and that's New York City's. All others leave it up to the com- mission to determine in the context of their economy and real estate market. But don't be frustrated by the absence of hard numbers. A commission is supposed to have discretion in these matters. Here are some guidelines: ' A"reasonable" return is different from the "highest and best." There is no legal right for an owner to reap the maximum profit from his building, so long as he can get some return. It's not a hardship that a new building on the site would have earned three times as much. In one court case, an owner argued that his building's landmark,status prevented high-rise con- struction on the site, thus preventing exploitation of the propery's full development potential. The court said, "There simply is no constitutional requirement,that a landowner always be allowed his property's most...lucrative use." ` A"reasonable" return is also not necessarily the rate the owner wants to make. He may have bought the property as a speculation, hoping to make a killing on it. Or he may"expect" a higher rate of return because it's real estate as opposed to some other kind of investment. The key here is what's reasonable return in the context ofyour local economy. If the market has been flat or declining lately, it may not take much for a property return to be"reasonable." ' The owner has to have put an honest effort into operating the property. If it has been sitting vacant or if it has been only marginally utilized in recentyears, that's not prudent management. The law says thatyou have to look at whether the building is capable of earning a reasonable return with prudent management and marketing efforts. You can also look at whether the owner has made sincere efforts to sell by marketing the property for a reasonable length of time, at its fair market value and with advertising that's widespread enough to be expected to reach the ears of prospective buyers for that type of property. That may be entirely different from whether it actually has been earning a reasonable return. So an owner who makes no attempt to rent the premises, who performs minimal maintenance and 35 $ c'The Hardship Process 'repairs, and who refuses offers to purchase the property would not be able to meet his burden of proof for hardship. It's increasingly common for commissions to reQuire proof that there is no other use for which the property is suitable that would produce a reason- able return. So the owner of a historic railroad station would have to do more than prove his building was unsuitable for use as a train station. If he bought the building intending to convert it into a restaurant and was denied a C of A for those alterations, to show hardship he'd still have to show that the building couldn't be converted into anything else either—office space, stores, residential units. Hardship can not be "self-imposed." If the owner paid an inflated price for the building and that price is now escalating the reouired return, that's a mistake the owner made. Or if he has simply walked away from the property and allowed it to deteriorate so that the cost of repairs is now exorbitant, that's a situation of his own making. It's not a basis for hardship. Legal criteria if the property is residential: Here's where most laws provide little or no guidance. In these situations, by looking at case law, it's possible to come up with a reasonable analogy to the commercial standard. Most commissions use the criteria of whether there's any residential or other beneficial use possible. So the Question to be asked would be something like: Can this house continue to be used as a house? Or for some other use? Legal criteria if the property is not-for-profit: New York State has its own standard for hardship in the not-for-profit context. It has been well-developed over theyears through court decisions. If the owner is a church, a private school, or some other organization incorporated as not- for-profit, the criteria is whether landmark status physically or financially prevents or seriously interferes with the owner's not-for-profit purposes. To figure this out,you have to look at both the property's potential and the owner's charitable mission. So this standard is not "owner blind." The hardship application form should ask not-for-profits to tellyou what their charitable purpose is. They can Quote from their charter. But having estab- lished their purpose (sometimes called "mission"), that doesn't give them free rein to do anything they want to in furtherance of that mission. It's still legiti- mate for the commission to look for other ways of accomplishing their chari- 3C 5 ' The Hardship Process table purposes short of harming the historic building. One famous hardship case involving a not-for-profit owner came out of New York City. Its facts are instructive. St. Bartholomew's Church, located on Park Avenue in mid-town Manhattan, was a New York City Landmark, and so was its educational building next door. The Church wanted to demolish the landmark and replace it with a high-rise office building, saving space for itself on the first few floors out of which to operate Sunday School classes, a soup kitchen, a school, and other church programs. The rest would be rented out as office space and the income put towards Church purposes. When the NYC Landmark Preservation Commission denied a C of A for demoli- tion, the Church filed its hardship application. Several hearings later, the Commission decided there was no hardship, a decision that was ultimately upheld in federal court. The reasoning? The Church could accomplish all its desired activities within the existing building if it were properly renovated. St.Bartholomew's Church 51° New York Cit wx ' .aft;ps.,� ��" i�rgte+ ,r' �..,., 3 i:¢� - .`.:��:.� ,tom{•%�.`V "�#,^`,�.X:;.�..(f�'"i• «,`�£ irc.`'.'.. •2`T�y�: �' 'ryw«' 7 L�.N-.°i�'.' C'"":''33' a+; „6� '3',' �' fr ; = #1 a°;i`��Y .CSO#r >: t:.i�✓•°x'�t;«;.:•;,NS?,', s k, ./-',,,. . .....«....^.:.�Fa:.:-; 'a .. ^'v'=-`•s.»-.,-- .-«.:"�!s'T^«. A�E�Y ��:.tlsf sd`sr.: {YV%'�7-.. All VA mea y'Ci'_ - .. �,,• :s .%'sgs^..?.h' M �` `kk#•d^. •e s 7:- -.�iW.„ SL Xl & .�iUN Pts. TF - { 5. Writing up the Hardship Decision. Review the section on writing sound decisions in Chapter III on Certificates of Appropriateness. All the same principles apply here. Be specific. Back up your conclusions with the specific financial informationyou relied on in reach- 37 5 c— The Hardship Process ing them. Show how application of these legal criteria to this evidenceyielded this result. 6. Providing a Relief Package if there is Hardship. When hardship does exist, the owner has a right to relief. That may come in a variety of ways. It's up to the commission to provide something, whether it's removing the designation, or devising a package of tax incentives, low interest loans, or other financial assistance that will alleviate the owner's hardship. But the commission is still in the driver's seat. It should not, figuratively speaking, throw up its hands and give the owner carte blanche to do anything he wants to with the building. Conditions can and should be imposed so that only the relief necessary to alleviate the hardship is provided. Be creative when fashioning a relief package. Are there certain tax breaks the municipality could offer the owner that would improve his return? Are there low interest loans? Grants? If what he really needs to earn a reasonable return is one additional apartment, would there be a compatible way it could be added to the building without demolishing the entire building? Let's look at an actual case (again from New York City) where the commission did find hardship and offered relief. It involved a private school on the East Side, roughly across the street from the Metropolitan Museum of Art. This parochial school wanted to add a new top floor to its historic building to house a gymnasium. Before finding hardship, the Commission reQuired the school to exhaust other ways of providing for its needs. The school had to look for space within walking distance in its neighborhood. They had to investigate whether any new buildings going up in the area could include a gym that the school could lease. Only when all these options failed to pan out, did the commission find that hardship existed. Agreeing with the school's premise that in order to offer a Quality education (its charitable purpose), it had to offer athletics, the Commission allowed the construction of a new story—but only of the minimum height necessary to accommodate a bouncing basketball, and set back from the front facade so as to be less visible from the street. This illustrates well both the need to explore alternative solutions and tailoring the relief package to the minimum relief necessary to alleviate the hardship. 38 ' The Hardship ProceE Sample Hardship Application Rochester Certificate of Economic Hardship A. Authority. The Preservation Board shall have authority to issue Certificates of Economic Hardship in accordance with the provisions of this section. B. Purpose. The economic hardship procedure is intended to provide a narrowly circumscribed means by which relief may be granted from the Certificate of Appropriateness decisions which create economic hardships. The hardship procedure shall be utilized only in conjunction with the Certificate of Appropriateness application. C. Procedure. 1. Application. Application for Certificates of Economic Hardship shall be submitted to the Director of Zoning within thirty (30) days following the filing of a Certificate of Appropriateness decision by the Preservation Board. The application shall contain the following information and documentation: a. Form of ownership or operation,of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other; b. Amount paid for the property, the date of purchase, and the party from which purchased, including a description of the relationship, if any, between the owner of"record or applicant and the person from which the property was purchased, any terms of financing between the seller and the buyer; c. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years; 115.37-1 Cerd"icafe of Economic Plardship Pacte� d. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property; purposes for which money has/will be expended which the property has been used to secure; e. Any listing of the property within the past two years for sale or rent, price asked, and offer received, if any; and, sale prices of properties of comparable size and/or construction in rehabilitated condition; f. If the property is income-producing, the annual gross income from the property for at least the previous two years; itemized income revenue, operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; g. Assessed value of the property according to the two most recent assessments; and assessment value of comparable property; h. Real estate taxes and other governmental surcharges, for the previous two years; i. A report from a licensed engineer or architect, with demonstrated experience in rehabilitation of historic structures, as to the structural soundness of any structures on the property and their suitability for rehabilitation; j. An appraisal of the market value of the property in its current condition, including estimates of market value after completion of the proposed construction, alteration or removal; k. Cost estimates, by three different contractors with demonstrated experience within the last five (5) years, in the rehabilitation of historic structures, qualified to perform the proposed work as planned and as required, 115.37-1 Certificate of Economic Hardship Page Three I. In the case of a proposed demolition, an estimate-from a licensed architect or engineer, or developer with demonstrated experience within the last five (5) years, in rehabilitation of historic structures, as to the economic,.feasibility of rehabilitation or re-use of the existing structure on the property, such professional may be asked to submit a listing of projects completed within the last five (5) years; m. Any other information considered necessary by the Preservation Board to make a determination on am applicant's claim of economic hardship. 2. Public Hearing. In the case of a proposed demolition, a public hearing shall be set, advertised and conducted by the Preservation Board in accordance with Section 115-38 of this chapter. 3. Action by the Board. a. Within sixty-two (62) days following the conclusion of the public hearing, the Preservation Board shall render its decision and shall by written resolution, in the form specified in Section 115-17H of this chapter, either grant the Certificate of Economic Hardship without modification, with modifications or subject to conditions, or deny such Certificate of Economic Hardship. The failure of the Preservation Board to act within sixty-two (62) days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application. Within five (5) business days of such decision or the expiration of such period, the Director of Zoning shall mail notice of such decision or failure to act to all parties entitled. Each certificate shall state on its face, in bold type, 115.37-'[ Certificate of Economic Hardship Pa®e Four "THIS CERTIFICATE IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK UNLESS A CERTIFICATE OF APPROPRIATENESS WITH RESPECT TO ANY WORK, AND IN THE CASE OF A DEMOLITION OF A PRINCIPAL STRUCTURE, WITH RESPECT TO THE NEW CONSTRUCTION PROPOSED TO REPLACE SUCH STRUCTURE, SHALL HAVE FIRST BEEN ISSUED PURSUANT TO SECTION 115-37 OF THIS CHAPTER.°' D. Standards and Considerations, For Certificate of Hardship. The Preservation Board shall have the power to vary or modify adherence to the standards for a Certificate of Appropriateness and issue Certificates of Economic Hardship when based on extraordinary replacement or maintenance costs there is'a lack of reasonable return for income._producing property or there is a lack of reasonable use for residential purposes for non-income producing property. Specifically in the case of a demolition, the applicant is required to show'the following: a. The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; b. The property cannot be adapted for any other use, whether by the current owner or by a purchaser which would result in a reasonable return; c. Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and d. The claimed hardship is not self-imposed or self-created. 115.37-1 Certificate of Economic Hardship Page Five F. Limitation On Certificates. A Certificate of Economic Hardship shall become null and void six (6) months after the date on which it was issued; unless within such period the applicant has resubmitted to the Director of Zoning an application for a Certificate of Appropriateness pursuant to Section 115-37 of this chapter. F. Appeals. An appeal of the final decision of the Preservation Board may be taken pursuant to Section 115-17J of this chapter. In the case of a demolition, no permits will be issued for thirty 30 days following the filing of the final decision of the Preservation Board. Ordinance 98-361 Adopted September 17, 1998 [h:\wpdoc\hardsh1.wpd]1-5 CERTIFICATE OF ECONOMIC HARDSHIP STATEMENT OF INCOME AND EXPENSE (ALL ENTRIES MUST BE COMPLETED AND DOCUMENTED FOR AT LEAST TWO (2) CALENDAR YEARS OR FROM THE DATE OF PURCHASE WHICHEVER IS LESS) PROPERTY ADDRESS: 1. Date property was purchased by current owner (a) Sole Proprietorship; (b) For profit or Not-for Profit corp.; (c) Limited Partnership; (d) joint venture; (e) Other. Was a Certificate of Occupancy issued? Date of Issuance? If so, for what use(s)? If not, why? 2. Cost of Purchase (a) Party from whom purchased: (b) Terms of financing: (c) Annual debt service: i) Relationship between owner and applicant: .mount of Mortgage Mortgage Holder Address Interest Rate Duration 3. Mortgage Balance (a) Amount of Mortgage Mortgage Holder Address Interest Rate Duration 4. Appraisals (last two previous years) in conjunction with purchase, financing, or ownership of property. A. Purpose for which money has\will be expended: 5. Any listing of property within the last two (2)years for sale or rent, price asked and offer received, if any; and salE price of properties of comparative size and construction in rehabilitated condition: Sale Price Rent Offer Received Sale of Comparable Property kddress of comparable property: 6. GROSS ANNUAL INCOME [BASED ON PERMITTED USE(S), SALE OF COMPARABLE PROPERTY, INCOM PRODUCING USE UNIT SIZE MONTHLY RENT ANNUAL RENT 1. 2. 3. 4. 5. 6. 7. 8.- 9.__ 10. TOTAL RENTAL INCOME LESS VACANCY FACTOR (ATTACH EXPLANATION IF GREATER THAN 8%) TOTAL GROSS INCOME A. ANNUAL EXPENSES (FOR TWO YEARS) 1. Annual Fixed Charges: Real Estate Taxes (City & County)................................... Insurance........................................................................ Average Annual Interest (over next 5 years).................... 2. Operating Expenses: Electric............................................................................ Fuel................................................................................. Water.............................................................................. PureWaters................................................................... Advertising...................................................................... Miscellaneous (attach explanation)................................. 3. Maintenance Expenses: (attach list) Repairs........................................................................... General Building Maintenance........................................ Yard and Ground Care................................................... Miscellaneous.......................... ..................................... TOTAL ANNUAL EXPENSES Profit or (Loss) B. Total Investment: 1 Down payment.............................. .................................. 2. Capital Improvements (attach list)................................. 3. Principal Paid to Date (original mortgage less current principal balance)............................................... TOTAL INVESTMENT (Sum of B1, B2, & 133) C. Rate of Return: = Profit or (Loss) Total Investment......................................... D. Depreciation Deduction and Annual Cash Flow 7. Assessed value (two (2) most recent assessments): elate: Date: Comparable Property Date: Date: �: S• 8. Real Estate Taxes (For the previous two years) Date: Date: 9. Attach a report from a licensed engineer or architect for structural soundness of any structures on property and their suitability for'rehabilitation. Present value of property (market value) in current condition and after completion of the proposed construction, _ alteration or removal) Source(s) 11. Cost Estimates (Three from different contractors) for proposed work (submitted under separate cover). 12. Demolition (Requires an estimate from a licensed architect, engineer, or developer as to economic feasibility of rehabilitation or reuse on existing structure. (May require a listing of projects this individual has completed wither the last five (5) years. (Submitted under separate cover). 13. Any other information considered necessary by the Preservation Board to make a determination on the applican - claim. CERTIFICATE OF APPROPRIATENESS STATEMENT OF UNNECESSARY HARDSHIP Explain how the request conforms to EACH of the following requirements- A. No reasonable return. The subject property is not capable of yielding a reasonable rate of return for its present use or developed, redeveloped or used for any other use permitted in the district in which such property is located. There is no means other than the granting of the Certificate of Economic Hardship by which the property can yield a reasonable return. Such inability to yield a reasonable return must be shown by specific fact, and not the unsupported opinion of the owner or those appearing for the owner. B. Unique circumstances. The inability to yield a reasonable return results from a unique circumstance peculiar to the subject property which do not apply to or affect other properties in the immediate vicinity that are subject to the same regulations The personal situation of the owner shall not be considered a unique circumstance. C. Not self created. The inability to yield a reasonable return is not the result of any action by the owner or the predecessors in title. Acquisition or improvement of the subject lot or parcel at any time after the enactment of the provision sought to be varied shall raise a rebuttable presumption that the owner's inability to realize a reasonable return is the result of the owner's action D. Essential character of the area - surrounding uses and facilities The granting of the economic hardship will not be materially detrimental to the public health, safety and welfare or injurious to the enjoyment, use, or 4�,evelopment of neighboring properties and the community or the general plan (i.e., Zoning Ordinance and ,omprehensive Plan intent). E. No other remedy. There is no other means other than the granting of the certificate of economic hardship by which the property can yield a'reasonable return. F. Minimum relief. The application is for the minimum certificate of economic hardship necessary to overcome the necessary hardship. SIGNATURE OF PREPARER DATE G*\RPB\ECONHARD.WPD 6 c-'- Where Does a Landmark Commission Fit? 6 Wherein Local Government Does a Landmark Commission Fit? As a landmark commissioner,you have a lot of company in local government. Whileyou may be the only group doing historic preservation,you're part of the executive branch of government. That meansyou have something in common with other parts of the executive branch like the planning board, the zoning board, the codes office.,You have all been given a law to administer and it's up toyou to make decisions about how it should be applied to daily life. Sometimesyour areas of responsibility will overlap. The commission and the planning board may both be reviewing the same project. That's not a problem, assuming each ofyou understandsyour legal authority. Understanding the Turf: Who Has Jurisdiction Over What? The Planning Board: Chances are the planning board will be the sister agency the commission will encounter the most. An owner may have just gotten planning board approval before he comes toyou—or it may be the next stop. Whatever the order in time is,you should know that a planning board's turf is Quite different from yours. Planning boards' authority varies, just like commissions', depending on what powers they've been given in their local law. Some boards have authority to approve or disapprove an owner's plans. Others can only give advice. In general, however, they have jurisdiction over the "big picture" issues like site plan review, parking, landscaping. So they can talk to the owner about how many housing units he may be able to fit comfortably on his land and where they should be located, how far they should be set back from the street, or where the parking should go. They do not get into the "fine-tuning,"the details of exterior appearance, which are the bulk of a landmark commission's work. They generally are less con- cerned with colors, size, and shape of window openings, what siding material is chosen for the walls, or the typeface of a sign. And they are primarily involved 39 6 `Where Does a Landmark Commission Fit? with new construction rather than changes to existing buildings. It's easy to see where the overlap might come ifyou envision a new housing project in the middle of a historic district. Let's say a developer wants to subdivide a large lot containing one historic house into smaller lots, with five new homes to be built around the existing house. The planning board would have to approve the subdivision, the number of new houses that can be built, and their arrangement. It probably won't have anything to say about changes to the historic house. Then the project comes before the landmark commission. Because the commis- sion has jurisdiction over everything that happens within the boundaries of a historic district, the review basically starts all over again–this time from the perspective of compatability with the historic neighboring buildings. The commission will be asking Questions like: Can five new homes fit into this plot or will they be so small that they'll be out of character and scale with the surrounding historic homes? Will they be so close to the existing historic house on the site that they'll harm its historic setting? Is their height, shape, setback from the street compatible with the historic buildings? Even if the planning board has already approved five new homes on this site, the commission can disapprove them. It may say that only three homes can be built and still maintain the historic character of the neighborhood. And it may reQuire the new houses to be farther back from the street–or closer— like the existing buildings are. This is called a "conflict of laws" situation in legal jargon. It means that two different laws apply to the same set of facts. When this happens, the more restrictive law of the two takes precedence. In this scenario, it would mean that the commission has the last word and only three new housing units can be built on this site. The Zoning Board of Appeals: This board is set up to decide appeals of zoning issues— use variances (per- mission to put property to a different use than would otherwise be allowed), area variances (permission to build on an area of the lot normally not allowed), etc. Because a zoning variance is somewhat like a hardship in the preservation world, some communities have this board decide hardship issues as well. If that's the case inyour community,you need to be sure as a commissioner that 4C 6 'Where Does a Landmark Commission Fit? the board understands its somewhat different role in a preservation hardship case. It must use hardship criteria rather than the standard zoning variance criteria with which it may be more familiar. Use variances are the most like hardship criteria. To get one, owners must prove absence of reasonable return; that the hardship is uniQue to the property: that the essential character of the neighborhood would not be altered; and that the hardship is not self-created. The difference between these criteria and hardship criteria is in the "character of the neighborhood" criterion. One could easily argue that any loss of charac- ter on a historic building alters the character of its neighborhood. By this standard, hardship would never be found. On the other hand, zoning board members may have difficulty understanding how alterations alone can be important since they are "skin deep" and do not affect the underlying use of the building. ConseQuently, they may tend to grant hardships too easily. Sometimes this board will be the entity that decides appeals from commission decisions on designation and C of A, as well as hardship. In that case, it should be using the same evidence and the same legal criteria that the commission used. If a designation decision is being appealed', it will be reviewing the commission's designation decision, asking the same Questions that a reviewing court would (see Chapter ll, The Designation Process). lust like the commis- sion, it should not be mixing up hardship issues with a designation appeal, nor design issues in a hardship appeal. These kinds of appeals will be the hardest PulteneyPark,Geneva for a zoning board, since they involve totally new criteria,(architecturaI charac- ter, historic significance) than it is used to dealing with. The Board of Architectural Review: Now here's where things get really confusing. Many New York State communi- ties have a board with a name similar to this-or it may be called a Design Review Board or even a Commission on Urban Design. No matter what the name is, this kind of body exists to regulate aesthetics. Its charge is to keep £ new construction from being incongruous, loud, out of scale, disharmonious, overly similar or dissimilar to existing buildings. These boards are not concerned with whether a building is historic. They generally don't review changes to existing buildings. And, they'often.have jurisdiction over the entire municipality. Sometimes their criteria work against preservation goals. In a row of historic townhouses, for example,you would want a new townhouse to be similar in setback, scale, window size, rhythm and roofline to its neighbors. Repetitious design is not necessarily encouraged, however, under these aesthetic review laws. ` ' Now here's the catch: sometimes a board of architectural review will actual) 'be .hr a preservation commission in disguise. You can only know by reading the law �T`=> 41 6 'Where Does a Landmark Commission Fit? } that created the board. But ifyour commission operates in a town where there is also an aesthetic review body, it's doubly important to remember thatyour guiding principle is historic compatibility while theirs' is general aesthetics. Sometimes the two mayyield the same result–sometimes not. The Building Codes Office: Ideally, this office will be the commission's greatest ally. Although codes officers may not know a lot about historic preservation, they know buildings and they are constantly out on the streets. They can be an early warning system, alerting owners and the commission to the need for a C of A. They are often the first point of contact for owners— the person in local government who tells the owner he'll need a C of A as well as a building permit for his project. A codes officer who understands what the commission is all about can be invaluable in making links between owners and the commission. The codes office's primary responsibility is enforcing the building code. It's there to be sure buildings are safe and structurally sound. It issues permits for new construction, demolition, and other work that meets certain thresholds– but generally not the kind of fine detail work with-which a commission is con- cerned. Painting, for instance, or window replacement would not reQuire a building permit in most communities, but would reQuire a C of A. Ifyour commission has no staff in local government (as most don't), the codes officer may be designated as the person to whom owners can turn for help in filing C of A applications. The better he understandsyour process, the more helpful he can be. Invite him toyour meetings. Copy him on all C of A deci- sions, so when he's out on the street he can check work for compliance. Be sure he knows about newly designated properties. Be appreciative. This preservation stuff is an added responsibility for him, one he may see as periph- eral to his primary job. Relating to City CouncilNillage Board: As the legislative branch of government, this is the group that passed the law creating the commission and giving it the criteria for its rdecisions. it could also repeal the law if it chose. This is body, then, that sets policy for the community: we want to protect historic buildings according to these guidelines and within this framework. The commission carries out that policy on a case by case basis. This system of checks and balances (remember high school government class?) works well so long as people remember their roles. Difficulties arise when various players forget what role they're playing and when–and sometimes doubling up of roles does occur. 42 6 "Where Does a Landmark Commission Fit? Once the city council/village board has given the commission its legal mandate, it's done. While it may appoint a liaison just to keep itself informed of commis- sion doings, it,has no further role in individual decisions. The commission takes over and decides each case according to the criteria it has been given. City council cannot tell'the commission how to decide a particular case. On the other hand, city council may decide to amend or repeal the preservation law at any time—and this has been known to happen when it feels preservation is no longer in the public interest. Sometimes city council will give itself a judicial role, as when it passes a law providing that appeals from commission decisions should come to city council. When it's wearing this hat, the council is acting as a reviewing court would— measuring the commission's decision against the evidence and'the legal criteria to be sure it was adeQuate. It is not acting here as a policy maker (unless the law provides for that). That means that it's not free to inject other policy considerations into its review—such as, in a designation appeal, "Do we need development in this part of town more than we need existing buildings?" It is bound by the same review criteria the commission used. } t-;rs y < ' c .. " 4 `ti�`ti,a • _,,`n b��✓s 3�,.,ail`"r �...' _ � �, .s. 4. 43 7 'Who Are You Going to Call? 7 Who Are You Going to Call? You are not out there alone. There is a network of preservation organizations in all regions and at all levels of the state, each of which can helpyou in differ- ent ways. The trick is in figuring out which one to call for what. Most commissions reach out for outside advice at certain points—such as when they're reviewing a C of A and they need technical help, or they've made a controversial decision and they need public relations advice, or they're dealing with an owner's attorney who's making assertions about their jurisdiction or other legal issues and the village attorney is unfamiliar with preservation law. Organized, then, by the kinds of advice they can provide,' here's a list, not necessarily exhaustive, of people to call: Technical Advice: This can include everything from what shape of window or paint color is appro- priate for this historic house to the state of the art technology on cleaning historic brick. Technical advice is most apt to be needed during the review of a C of A application. ` Preservation League of New York State, 44 Central Avenue, Albany, NY 12206, (518) 462-5658, info@preservenys.org, or www.preservenys.org. Ask for Tania Werbizky. 'The League is a state wide, not-for-profit preservation organization head-Quartered in Albany. It offers a variety of services ranging from technical and legal advice to advocacy and conferences. It is sometimes confused with the state agency listed next. New York State Office of Parks, Recreation & Historic Preservation (OPRHP), Peebles Island, Box 189, Waterford, NY 12188, (518) 237- 8643 or www.nysparks.com. This is a branch of NYS government with a variety of responsibilities, including historic preservation. It employs preservation architects, among others, who as time permits, are avail able for telephone consultation on technical issues. ` Landmark Society of Western New York, 133 South Fitzhugh Street, Rochester, NY 14607, (585) 546-7029, info@landmarksociety.org, or www.landmarksociety.org. In the-nine county service area of this not-for-profit preservation group, advice is available on technical and local policy issues. 45 7 `Who Are You Going to Call? Designation Advice: Ifyou're considering a designation andyou're wondering what style a building is, or whether it's significant, oryou've got a designated building someone wants to demolish andyou need an outside expert opinion to tell the public that the building is worth saving: ` Preservation League of New York State (see above entry for details). ` NYS Office of Parks, Recreation & Historic Preservation (see above entry for details). This state agency can also tellyou whether the property is listed or eligible for listing on the State or National Registers of Historic Places. Although that fact is technically irrelevant to local designation, it carries psychological clout if the property has been recognized as important by a state or federal agency or someone outside of the community. ` Landmark Society of Western New York (see above entry). Legal Advice: Historic preservation is a specialized area of the law and one that most lawyers have never dealt with. While some of its principles are common to other areas (administrative law, environmental law), many are different. So it shouldn't be surprising ifyour village attorney occasionally sounds unfamiliar with preserva- tion legal issues. Let him know that he—oryou—can find preservation lawyers in the following organizations: ` Preservation League of New York State. The League provides legal advice on preservation matters to citizens, municipalities (including commissions) and grassroots preservation groups. Ask for Daniel Mackay. Whether it's commission powers or Questions of state or federal preservation law, we specialize in this area. ` National Trust for Historic Preservation, 1785 Massachusetts Avenue, N.W., Washington, DC 20036, (202) 588-6000. Ask for the Law and Public Policy Office. This national, preservation not-for-profit organization has several preservation lawyers on staff who are familiar with preservation issues across the country. They can provide information on similar cases in other states. They are also an excellent resource on federal preservation issues. 46 7 'Who Are You Going to Call? ' Department of State, Counsel's Office, 41 State Street, Albany, NY 12231, (518) 474-6740. Lawyers in this office specialize in local zoning and planning law. They can be helpful in explaining how those boards relate to the commission. They can also provide written legal opinions on local government operations, which can be useful toyour village attorney or village board. Public Relations Advice: In this general category are the seasoned veterans of preservation, the people who have been through numerous preservation battles and who have experience and hopefully wisdom to offer others. Whetheryou're 'fighting off an effort to repealyour law or trying to pass an amendment to it, whetheryou've got a designation pending that the owner is angry about or a controversial decision coming up on a new construction proposal, reach out to others who have been there. At the least, they can provide moral support—as well as some solid advice about what worked and didn't work in their own communities. They may be as close asyour own town or across the state. Any of the above organizations can putyou in touch with others who have been there. It's worth a call. 47 a 48 8 `Where Can I Get That Product? 8 Where Can I Get That Product? Preservation Briefs It is a good idea to have a collection or list of acceptable replacement materials Heritage Preservation for historic buildings so property owners can see the variety of appropriate Services products that are available to them. Knowing this ahead of the Certificate of 1849 C Street, NW Appropriateness process can help to better shape their application and make Washington, DC their reQuest more likely to be approved. Roofing samples, paint color charts, 20240 and catalogs of other products could be kept in a publicly-accessible room in 202-343-9583 your town hall or library.' vvvvvv.cr.nps.gov You may also consider ordering technical booklets from the National Park Information Series Service (Preservation Briefs) or the National Trust for Historic Preservation National Trust for (Information Series), as references for public use. These booklets cover topics Historic Preservation from the inappropriateness of aluminum or vinyl siding to ways one can effec- 1785 Massachusetts tively conserve energy in historic buildings. Avenue, NW Washington, DC Architectural parts warehouses or salvage stores often have numerous materials 20036 that can aid a rehabilitation or restoration project. Research where they are 202-588-6296 located inyour area, and make the list available to historic property owners. vwwv.nthp.org Beware, however, of some salvage stores that raid vacant homes or buy stolen goods to resell. Architectural Parts Warehouse The following information is provided in this manual to giveyou an idea of the HistoricAlbany range of architectural materials available for historic houses. Inclusion of these Foundation catalogs does not constitu ecommendation by the Preservation League. 89 Lexington Avenue Albany, NY 12206 518-465-2987 vwvw.historic-albanvorg Historic Home �- ..� Supply Center 215 River Street Troy, NY 12180 518-266-0675 IL JW www.homesupply.com esupply.com i 1H i ;; -ice ,°i x Significant Elements I.t'— i_7{ v fF"' a}�� aa� szs stir 'x."a'.�iii:�'� �i f f �_---- —T- _ V 3 d Historic Ithaca 'rill "sem ask' 109 West State Street Ithaca, NY 14850 }1�r" , 607-273-6633 �- 49 T • H • E DURABLE SLATE , CoMPAW 1050 North Fourth Street Columbus,Ohio 43201 614299/5522 800/666!7445 FAX1299RI00 517 Findlay Street Cincinnati,Ohio 45214 513/621/3455 FAX/621/3466 www.durablesiate.com Salvaged Roofing Materials Slate, Clay Tile, Concrete Tile, and Rigid Mineral Fiber One of the primary challenges in the restoration and preservation of historic buildings is locating the necessary materials. Whenever original materials cannot be matched or closely duplicated, a restoration project will fall short of its intended goal. The main difficulty in obtaining materials needed for exterior applications is that the effects of long-term weathering on such materials cannot be matched with newly-quarried or manufactured products. In such situations it is necessary to locate salvaged materials - materials that possess that unique patina produced by time and the elements - but which stall offer many years of useful life. ❖ Proper identification of the slate or clay tile which needs to be matched is the first step. The Durable Slate Company provides knowledgeable assistance in determining what slate or file to locate. ❖ Finding what you need can be easily accomplished by allowing the Material Sales Department at Durable Slate to supply your materials from our extensive selection of reclaimed slate and tile (over one -million pieces). If we don't have it we'll conduct a search of materials available across the county. ❖ Installation need not be a problem. For large projects Durable Slate does send its expert craftsmen outside of Ohio. For smaller jobs, we can often recommend a local firm that knows the proper techniques and will do good work. ❖ Less expensive. Reclaimed slate or tile cost less than new materials. ❖ Readily available. No waiting for the slate quarry or the plant to produce your order. When available on the reclaimed market, material can usually be shipped within a couple of weeks. Inquire at 1-800-666-7445 or the@durableslate.com. T • H • E DURAB SLATE COMPANY 1050 North Fourth Street Columbus, Ohio 43201 614299/5522 800/6668445 FAX/299R100 517 Findlay Street Cincinnati,Ohio 45214 513/621/3455 FW621/3466 www.durablesiate.com Using Reclaimed Slate as an Interior Decorative Surface The Durable Slate Company launched its contracting business in 1986 with precision-matching of recycled slate for the restoration of slate roofs. For several years now the company has been selling slate to other construction firms and building owners for installation beyond its range of operations - including as far away as Australia. But there are always some pieces of salvaged slate which, when trimmed, would be too small to be used again on a roof. However, this weathered roofing slate can be used to great effect as a decorative interior surface. ■ Colors available include: antique green, gray-green/brown, black, red, purple, and mottled green/purple. The full-color-mix is packaged to contain set percentages of each color. Custom color mixes can be made up at a slightly higher cost. ■ Sizes range from 4-inches by 5-inches to 12-inches by 14-inches. ■ Thickness ranges from 3/16 to 5/16 of an inch. i ■ Preparation includes trimming to remove the holes left by roofing nails and beveling edges to expose the layering of rock. ■ Durability - Only the harder varieties of slate are used, ones that have an exterior life of 100-plus years. Interior decorative slate can be installed on any flat wooden or concrete surface. It is used on walls, countertops, bars, stair treads, hearths, and on floors - from the lobbies of commercial buildings to home kitchens. Installation is not difficult. The base surface should be concrete or a firm wood. Cementitious boards can be installed on spongy wood floors to provide a firm foundation. Slates are set in place using thin-set mortar. They can be left plain or grouted. Special penetrating sealers are used to provide either a natural or wet-look finish. Recycled weathered slate in a room makes a unique decorating statement. It can be used to great effect in historic buildings. Inquire at 1-800-666-7445 or the@durableslate.com. I �',� ;.0.•.a - ,--��.te ,,, ,'�'i .zyP'�.��: ?'�,F.,•w;'y,;;c. ,-!',a'x"-Ffi `-;,'' - -' - - - - - - - - , �.'L..��p�EµW�y�-.wn�i,`'3V'^,'S�.n;r;C•r�i'k y, ��"..��J"w-;•°•S kn� - L,Y�� 'o,� ;yt ','�' - � ' o*ea X3 �.4. 11, '�`•" '� & cF4 a x,� .,r. ->_ 1 ,, t3, * `:t.' ,rj;g��,.r:� �,+�4��rk�," -X1.0+��„��;��,,<,��:f�:Tai`",�y,�ts;',.ra}�•sr-.y,,,)s�i.- w,,�re,,3';;t''*' `�,'i;.e � - gvs�,n ;�' ;.; ," �,°, 9L fi°.,{tia,itp-„?'�T:i:S�`, [,ii ).7i ,y`.t;,,.,t a-n;;a.•I _ .1•r'" - '�s�j;`'`,. 1.^,> ,,r v 'S��is,SY (1 N�i� ,Ug "'4 4•p+: i.R4,?; i..n�? 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C 'v ^,.r'k #4°•�r5i -�'Y i' x n". �-�'�d," R�r'.t, "r3,�;,'.,, c .�L.; -''Sf!'1'a 3icis'.i+ a e,�i„ A''iiti;"y�q,,�,.�.v: M;L.,.�c'.R 4v."--'i�,;.;..�'�yi,•6'�,�,r`,'S[.':,nti,..' a1;�d:.a��a4.?�'y','ti+�e 'fir irk,,,c:x._ �<r�' •;�,�v .��,;'r:��'y,;;'`�+ Hilltop late a TECHNICAL INFORMATION ' : . 3 . �v Hilltop Slate is produced out of five quarries in Vermont and one in New York. n" `'' Slate has been produced in this area for around 150 years. During this time it has proved its durability in a wide range of climatic conditions from the severe Nz Canadian winters to the unrelenting heat of the South. •'fi�L'`� % " "All Appearance: Slates are rectangular with chamfered ed es with a'moderatel Ytextured surface. � � ,. g They are available in the following range of colors: Im y�, ' iaE¢rte_•ty�7* SEA GREEN: GRASSY GREEN: s 'T`` A pale green that weathers in a range A deep rich lawn green. from a light green to a warm buff. VERMONT GREY BLACK: MOTTLED PURPLE F�• i�{t�� ?" �.' xt' �5,,�t i .'Q A r�'k`i«/. E•�( wil` aba;: A light grey with black pattern Predominantlya dee mauve with a ; _ - ''� , P and veins. light green mottle. z tl1, 7 µ• �> '-`- � f i ,, 11"M TRUTHVILLE RED: � ' d .,F: , ; ;�I r _ ' A lustrous Spanish-tile red. Slates are punched with two holes for nail-fixing. Weight/Thickness: AIMP 3/16"- 1/4" # 1 Standard Quality 700-800lbs-per square. • " 1/4" - 3/8" Textured 900-12001bs per square. .x, Y /a" - /2" Textured 1200-1800lbs per square. 3- 1/2" - 3/4" Textured 1800-25001bs per square. Water permeability: Heat: `' �' .' r Impermeable. Unaffected by normal heating �'' R• freezing and thermal cycling. Chemical resistance: Biological Resistance: Unaffected by atmospheric pollution, Unaffected by vegetable growth, sea air and salt spray. rot or insect attack. . . ,. Fire Resistance: Test,Certification: k x Slate is non-combustible and does Meets A.S.T.M. standards. 4 not support combustion. Dimensions: Alfred McAlpine Slate Slates are available in the following dimensions: Hilltop• Penrhyn•Cwt y Bugail • Ffestiniog Hilltop Slate Inc. P.O.Box 201,Middle Granville,NY 12849 U.S.A. SIZE IN INCHES Tel-518 642-2270/642-1453•Fax-518 642-1220 Internet:www.hilltopslate.eom 26 x,14,' — I E-mail:jjc201@aol.com '24 x 16' '.24.x 14 =.'_`24,x 12 - '' 2,x 1 „ JOHN J. CONLON22x4 x;12 . .,. '26,x '14 20.x`12' .20 x=11' 20 x 10 _' , :18x l4 18,x,12 1'8 x--11" 18x,-1'0'. 18`x,9, 16`,;x°14-_ ,16x1216x .._ `10,'• ;146_X,8 - 16,X;8*`, .,14.x,12" 1'4x 11 14 x 10 14 x,,9 ' ` 14'x:8 14'x'7 12 x 12; . _ 12 x 10' 12;x'9 12,x'8r,.12xx,7 R rvi aril 19/97 This paint guide and color chart may be ordered by calling The Society for the Preservation of r� New England Antiquities at 617-227-3956. $10 0 ,� A Guide to Color, Styles oF and Architectural Periods This guide provides general,descriptions of the architectural styles of homes and buildings found across America. There are overlapping brackets of time and many interior and exterior colors, used interchangeably, were popular in more than one era. These descriptions and color lists serve as a springboard to what is possible when painting a building's exterior, trim, interior walls and floors as well as details like accents, decorative stenciling and overlays. Using this guide and the Historic Colors of America, homeowners and professionals can create the effect of a given historic period while applying variations to suit personal tastes. Vote: Technical information and assistance with paint analysis may be found by contacting a local historical society through your State Historic Preservation Office(SHPO). ■ b�V SOURCES Whiffen,Marcus American Architecture Since 1780.Cambridge,Massachusetts and London,England:The M.I.T.Press,Massachusetts Institute of Technology,1976 Foley,Mary Mix The American House.New York:Harper&Row,Publishers, 1980 McAlester,Virginia and Lee A Field Guide to American Houses.New York:Alfred A.Knopf, 1984 Phillips.Steven J. Old-House Dictionaa,Lakewood,CO:American Source Books, 1989 SUGGESTED READING Bristow,Ian C. Architectural Colour in British Interiors. 1615-1840. New Haven,CT:Yale University Press,1996 Interior House Painting Colours and Technology. 1615-1840,New Haven,CT:Yale University Press,1996 Moss,Roger W. "Paint in America,Washington,D.C.: The Preservation Press,National Trust for Historic Preservation,1994 C entua Q[Color-Exterior Decoration for American Buildings-182011920.Watkins Glen,NY:American Life Foundation,1981 Moss,Roger W.and Winkler,Gail Caskey Victorian Exterior Decoration.NY:Henry Hold&Co., 1987 Victorian Interior Decoration:American Interiors 1830-1900,NY:Henry Holt&Co.,1986 Wharton,Edith and Codman,Ogden Jr. The Decoration of Houses,NY:W.W.Norton&Co., 1997 **Available through SPNEA:617-227-3957,ext.227. Online @ WWW.SPNEA.ORG ADDITIONAL INFORMATION SOURCES Old House Journal,A magazine containing articles on restoring and maintaining old houses;product advertising. Two Main Street Gloucester,MA 01930 Subscriptions:(800)234-3797,Back Issues:(508)281-8803 Traditional Building.Vagazine,"The Professional's Source for Historical Products" 69A Seventh Avenue Brooklyn,NY 11217 PH:(718)636-0788,online @ www.traditional-building.com _ THE SOCIETY FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES 141 Cambridge Street,,Boston,MA 02114 Telephone 617-227-3956 Online.www spnea.org `1!k {,• „� f ,SIR•, LIBERTY CEDAR 325 Liberty Lane West Kingston, Rhode Island 02852 Phone: 401 -789-6626 FAX: 401 -789-0320 800-882-3327 Our goal is to provide the highest quality exterior wood products. We offer many alternative choices when choosing wood roofing, siding, trim, and decking. We have been providing stock and custom milled products to many historical restoration projects as well as fine residential homes throughout New England since 1990. We carry a complete inventory of naturally decay resistant woods such as Western Red Cedar, Alaska Yellow Cedar, Redwood, Mahogany, and ' Douglas Fir, as well as a full line of Western Red Cedar and Douglas Fir Timbers. We offer the most complete inventory in New England of wood roofing products, and we are directly responsible for initiating the, use of Tapersawn Shakes as the finest wood roofing alternative. We are also known for adding Yellow Cedar to the list of high quality wood roofing anId decking products available in Southern New England. Our product knowledge and hands on experience of working with these- wood species, gives us a distinct advantage over our competition when dealing with architects and custom home builders. Located in the coastal community of South Kingston, Rhode island, Liberty Cedar services all of southern New England, including Cape Cod, Martha's Vineyard, and Nantucket, as well as Eastern Long island. r S - _ #1 blue label FANCY-BUTTS � C _M ., . -- " LL GNER SHINGLES FANCY:BUTS EXPOSURE • - _ •#2 red label 4�` - ' & COVERAGE, diagonal 5"WIDE-96 PC/BOX _ EXPOSURE : SQ Ff./BOX #BOX/100 SQ RT , - - #3'black label half cove 5 16.66 6 I 51/2„ 18.33 5.45 19 ;rz: 6„ 20 5 i ,S, a diamond 7-1/2" ,.25 4 - - #4 undercoursing t.z • l_ «: :•. 1011, X3.33 3 round' Available in Western Red Cedar, Eastern 1 �,= 'l,.-g;•�-:� N':''� - White Cedar and Alaska Yellow Cedar. #1 handsplit ' &resawn Custom width & profile available. I hexagonal CUSTOM MADE I HIP & RIDGE CAP #1 certi-sawn' octagonal, ° 16"Shingle H&R packed 40/bdle i covers 16 2/3 lineal ft. at 5"exposure • 18"Shingle H&R packed 36/bdle ' "`-,1� .„;. •- arrow -covers 16-1/2 lineal.ft. at 5 1/2"exposure .mss �„---a.... -�...,,.._��-�;......:• - - - - "^--`.�^ '#1 tapersplit 18"Tapersawn SCiakes 5/8"x 18"H&R -=-" packed 20/bdle -covers 12 1/2 lineal ft. at 71/2"exposure _ square i #1 straightsplit i 24"Tapersawn and Handsplit Shakes H&R = packed 20/bdle covers 16 2/3 lineal ft. at 10"exposure fish-scale a MOREGREATFALL SPECIALS ° All Prices F.D.B. x•M1 n; Your Jobsitc � ; .. ALMOST ANYWHERE WITHIN THE CONTINENTAL LISA! . • ,_: • PRICES BASED ON ONE THOUSAND i BOARD FOOT MINIMUMS (MBF). - • PRICES ARE SUBJECT TO CHANGE ' WITHOUT NOTICE, I Western Red Cedar Siding 1/2 x 6 Clear Vertical Grain Smooth Bevel Siding $1,635 MBF 1/2 x 8 Clear Vertical Grain Smooth Bevel Siding $1,790 MBF 11/16 x 8 Select Knotty (15% Quality) Bevel Siding $1,155 MBF 1 x 8 Channel Rustic Select Knotty (15% Quality) Siding $1,650 MBF Red Cedar Tongue and Groove 1 x 6 Select Knotty (15% Quality) Tongue and Groove $1,885 MBF 1 x 4 #3 and Better Tongue and Groove $1,390 MBF 1 x 6 #3 and Better Tongue and Groove $1,495 MBF Douglas Fir 5/8 x 6 Clear Vertical Grain Tongue and Groove E & CB Pattern $2,375 MBF 2x 6 Select Tongue and Groove Decking $1,275 MBF PROne 1 x 6 #2 Common and Better Tongue and Groove $1,325 MBF 1 x 6 #3 Common and Better Tongue and Groove $1,095 MBF 1 x 6 #2 Common and Better Tongue and-Groove - $1,255 MBF Call us for your TIMBER needs. Bear Creek Lumber carries timber products for all your projects, from arbors, pergolas and trellises to timber framing and construc- tion. Timbers available in Western Red Cedar Alaskan Yellow Cedar, Douglas Fir, Redwood and Pine, rough hewn or surfaced. Bear Creek Lumber (800)597-7191 Interior Storm Window Kits Weatherization programs in New York North Dakota, Vermont, � ,FREQLTENTI'.Y ASKED• QUESTIONS' Washington and Wisconsin also use - Windo-Therm interior storm windows. Q. Will Windo-Therm interior storm windows spoil the Many customers use Windo-Therm appearance of my home?A. to winterize large door openings and _ screened-in porches. No. Our interior storm windows are practically invisible on the Some important reasons why you window. The frames come in might consider our windows for your two colors which blend well with home: most existing window frame colors. Our newly-patented,double-glazed • do not detract from the appearance interior storm windows are made of of your home; Q. Why glazing film? sturdy aluminum frames and a • provide natural light, while A. The New York State Energy double-shield of clear glazing film maintaining a comfortable Office said storm windows using creating and containing a pocket of environment; glazing film are as effective in trapped air. A secondary air pocket • dramatically reduce heat and cutting heat loss as more is established between the existing cooling costs; expensive glass windows. They window and the Windo-Therm • are lightweight, and can be easily are more economic and easily interior storm window. Combined installed by any member of the handled. they dramatically reduce heat loss, household; and prevent air leakage, eliminate • can be used year after year. condensation and increase home comfort. SAVE UP TO 55% ON HEATING AND •,• •;• •;• •,• COOLING Our windows are currently being An engineering analysis performed for used across the United States and Rensselaer County in New York by F' ;'•' , Canada in historic homes, school Sigma Phi Consulting showed that a and church buildings, businesses home with single-glazed windows can and residences. save up to 55% in energy consumption. -'2746 NY♦ Valley. Falls, NY 12185: Phone: (518) 663-5750/1-800-819-9463 ♦ Fax: (518) 6634678 E-mail: windo0ilbany.net wwwmindotherm'.CoM. Q. What is the glazing film "Windo-Therm eliminated material? CUSTOMERS ARE SAYtNG condensation on our windows. A. We use Cryovac 955 glazing E.T. Cossyuna Lake,NY film which is approximately 1 mil thick. It is specially designed for Windo-Therm interior storms are "It was possible to notice the IIerence in temperature clarity and strength. the most cost-effective solution I di ff p have ever seen. The rooms are immediately! The monthly budget Q: Will Windo-Therm Interior noticeably less drafty and there is on our Niagara Mohawk power bill Storm Windows fit any window or no more condensation. " D.K. went down even with my daughter door opening? Pittsburgh,PA. home. Windo-Therm made a big A: Yes. Our interior storm difference." D.B.Albany,NY windows will cover any square or "Our residents have benefitted and rectangular opening. Large are sure to benefit in the future due "Windo-Therm is excellent, well openings can be covered by linking to the heat loss reduction at the made and easy to install. Even with Windo-Therm units with a 11-frame. window areas...Drafts have been the heat turned up, we cut our hydro virtually eliminated." Vikki use in February'" David White, Q: Can Windo-Therm Interior Murphy Director of Rensselaer Trinity Trust, Lester Garland, Storm Windows be cleaned? County Weatherization Program House (historic home)' St. Johns A: Yes, use any regular window N.Y. Newfoundland cleaning solution and a soft cloth or paper towel. "The Windo-Therm product made a "During the winter, Windo-Therm big difference in the quality of life at our homes. The custom made kept our camp porch so warm we Q: Do Windo-Therm Interior were able to play cards and enjoy Storm Windows cut down noise? interior storm windows ... reduced the scenery on nicer days. They A: Yes. We have many customer the noise level from street traffic. In weathered well, look wonderful and one location we needed a testimonials to that fact. We intend we could see through them like to scientifically quantify the actual non-breakable window for safety glass." J.G. Kinderhook Lake, value. reasons. Not only was your product NY J effective, it enhanced the appearance of the residence."Tom 1 Mainville Facilities Manager, k Pricing Per Unit* Association for Retarded Citizens is determined by Rensselaer County N.Y. United Inches (U.I.) "They are resilient,unobtrusive,and virtually unobstructive. The visual �� = = clarity is superior to triple-tract or Width+height U.I.x 49¢ a Plexiglas storm windows. For example: Windo-Therm's performance resulted in almost entirely . .,I love them.' They are successfully eliminating infiltration from the 'unobtrusive for,histo`ric, restoration- 30" + 60" =90" x.49 windows." Duane Nealon Project 'purposes. They do no#"encumber the' Manager Capitol Hill architecture of,the house. Low cost, Total Cost$44.10 Improvement Corporation goodservide." Carl Erickson,' Albany N.Y. Pumpkin'House(Historic Home),-,: *Large openings may need Troy;,New York „ multiple units. CALL US AT 518-663-5750 OR 1-800-819-9463 AND WE WILL BE HAPPY TO ANSWER ANY QUESTIONS YOU ,T Y ARE ,! ' , Remarkable One-Of-A-Kind Storni Windows For Historic Properties, Commercial Buildings, Renovation Projects Nowhere else in the country can you Naturally, the traditional benefits of find these unique storm windows! They're storm windows are also yours: custom-designed, engineered and crafted ® Energy Savings. Energy loss through so that they seem to actually disappear in the window opening is reduced by almost the opening. We achieve the invisible 50%. Storm windows can be as energy- storm windows by using: efficient as new windows — but at a ® Custom colors and finishes fraction of the cost • Special shapes a Comfort. Drafts and uneven ® Custom designs heating or cooling problems ® Heavy extruded frames II are eliminated. • Engineered installations ® Condensation. Existing What's more, our storm windows have condensation problems been approved for use on historic are virtually eliminated renovation projects certified ® Sound. Outside noise is by the Department of the Interior (National Park Services). dramatically reduced. External Installation ® Maintenance. The life of the paint on Historic One Lite (HOL) the windows is prolonged; putty and Internal Installation plaster repairs are reduced. Allied One Lite (AOL) ® Protection. Special glazing protects Magnetic One Lite (MOL) existing windows from vandalism and Slide-A-Way (SAW) provides additional security. P,R`0' ION- AiLl"Is, FE za SPECIFICATIONS AND DRAWINGS QUALITY ASSURED Our Window Professionals work with owners, archi- Since 1950, the name Allied Window, Inc. has been tects, building'managers, engineers or other contrac- synonymous with superior craftsmanship and the tors to determine the customer's needs.Our goal isthe finest quality materials available. That is why we can optimum balance of performance, appearance and offer a five-year warranty on our manufactured cost. Customer orientation to specifications, drawings products...and a one-year warranty on our installations. and cost alternatives leads to informed decisions You expect new windows to last for decades. OFFICE BUILDINGS So do we. Window performance, energy costs, maintenance, SCHOOLS, HOSPITALS, code requirements and tenant satisfaction are all CHURCHES critical factors in evaluating storm window systems. .By definition, institutions involve people .. and their The installation of storm windows is an investmentthat needs are usually paramount in determining storm quickly pays for itself, and helps your building window requirements. Competent, professional help appreciate in value and desirability in reaching the right solution is our forte, as is our INDUSTRIAL PLANTS concern for your people. Most industrial storm window situations require a RESIDENCES, APARTMENTS custom approach. Cost, energy savings and low Whether you own a castle or a cottage ; whether you maintenance are always, key factors We engineer own apartment buildings or manage them. you need alternative approaches utilizing the complete range of window professionals in whom you can place your window products that we manufacture These include trust—confident of receiving quality products with storm windows, screens and guards lasting value 2 HISTORIC, ONE LITE`, I=IOY . ; Approved for exterior installation on historic STANDARD DESIGNS renovation projects certified by the Depart- ment of the Interior (National Park Service). The Historic One Lite (HOL) has been designed specifically for double-hung windows on historic commercial, industrial and residential A B C buildings. • Custom colors and shapes. Removable Panel Top Fixed, Top & Bottom • Custom engineered. Screen Available Bottom Removable Removable • Trim Imes — practically invisible. Screen Available Screens Available • Unit projects only 3/8'. SPECIAL DESIGNS: Special shapes such as circle-top, eyebrow, • Panels remove to Interior. gothic, circular,trapezoid, etc are available • No hardware on exterior. Multiple units can be designed to suit virtually • Interchangeable screen and glass. any sized opening • Frames and corners are heavy extrusions. • Special glazing available k�l �il lh r / HEAD y • Glazing muntin available. 13/7L81'• Top sash of prime double-hung mustbe operable C onnic Young YalmTial Sales (800)445-5411 Phone 7 (513)559-1883 Fax email–AWIwmdows@aol.com JAMB l 2 Yslet " `�� . I MEETING �Z \ RAIL Vertical J Section II HOL-B I� . S-117 SILL = — - EXPANDER I `w:� c `�'`` VARIES + , WITH ALLIED , , DROP'-�� VIND0IN . . SILLax SILL Ohio, Kolbe & Kolbe Millwork Co., Inco Xjepu /O YOUR HOME WITH WOOD WINDOWS R CONTACT: Stacy Gorst Marketing Communications Coordinator (715) 842-5666 ext. 654 or sgorst@kolbe-kolbe.com FOR EM NIEDIATE RELEASE Kolbe & Kolbe, Replacing the Way You 'Think About Windows Wausau,WI -- If you are looking for the perfect solution to your renovations, Kolbe &Kolbe's Double Hung replacement sash kit makes it easy to update any home or building with energy efficient, easy to clean, tilt in windows. Using basic tools and the standard hardware included in every sash kit,you can easily install our windows without disturbing the existing historic trim and framework. The Kolbe &Kolbe manufacturing plant is designed to provide custom built-to-order windows. Therefore,we are able to manufacture the exact size to fit in any pre-existing sash opening. This allows the builder to receive a top quality window with a wide range of glazing options and styles to fit any application. In addition to replacement windows, Kolbe &Kolbe has the ability to produce the custom mouldings necessary to create historic replications. Customers may choose from the standard kit with 1/2" insulated glass or the Royal Sash with 7/8" insulated glass. Both are standard with LoE, argon filled glass. Kolbe &Kolbe replacement windows are available with a primed, High Performance K-Kron, or an Aluminum Clad exterior finish. Kolbe &Kolbe has manufactured windows and doors of superior quality and style for over 50 years.Their wide array of standard shapes and sizes as well as custom millwork capabilities make Kolbe &Kolbe windows and doors perfect for any home or project. To learn more about replacement windows, or any of the other Kolbe &Kolbe products and capabilities, call 1-800-955-8177. An Equal Opportunity Employee 1323 South Eleventh Avenue, Wausau, Wisconsin 54401-5998 Phone (715) 842-5666 FAX (715) 842-2863 Kolbe & Kolbe Millwork Co., Inco IOUR HOME WITH WOOD WINDOWS O CONTACT Stacy Gorst Marketing Communications Coordinator (715) 842-5666, ext. 654 or sgorst@kolbe-kolbe.com FOR IMMEDIATE RELEASE Historical Charm Wausau, WI--Kolbe &Kolbe Millwork is introducing units with historical charm to their extensive product offering, with their new Weight and Pulley Double Hung windows. A brass pulley system, complete with brass chains and alloyed weights, allows the unit to operate with incredible ease due to the proportionate balance between the sash and weights. "These very well may be the easiest operating units ever made," stated Jeff DeLonay, Vice President of Manufacturing. In addition to the easy operation, the Weight and Pulley window boasts unique "old world" charm, making it ideal for historic applications. The exterior of the upper sash features additional appeal with its o. g. lugs or sash blocks— simulating units of an older era. All units are custom made for each project and application ensuring precise architecture. In addition, units may be specified in various wood species, including Pine, Oak, Mahogany and Cherry. Kolbe &Kolbe has manufactured windows and doors of superior quality and style for over 50 years. Their wide array of standard shapes and sizes as well as custom millwork capabilities make Kolbe &Kolbe windows and doors perfect for any home or project. For more information about Kolbe &Kolbe products, please call 1-800-955-8177 or visit us on the Word Wide Web at www.kolbe-kolbe.com. An Equal Opportunity Employer 1323 South Eleventh Avenue, Wausau, Wisconsin 54401-5998 Phone (715) 842-5666 FAX (715) 842-2863 Jr; rig, W I W W'. 32 ' -o4e .. f '`Ccr.C'zized " . r ,� .Shs'� `{t_. __ 0 Z ner" F: f GardenHouses .vr Y - 10 4''f _r .0 a Vixen IHIMH -jk0 jz- � Main Street, Elverson, Pennsylvania P.C. 19520 o 800-423-2766 www.vixenhill.coin Printed In U.S.A. X @1998 at Common Low,Vixen Hill ManufacturingCo.U.S.A { Shutter Sty, les SFT t�tcx.. n v A , AWf t : Board &Batten Newark. Cottage Roanoke Charleston Arch Top Copper Capping Panel Cutouts Faux Tilt Rods Arch Top with Rabbetting Standard Styles -�l' �f. ,. ��_{ Y�. iF a F, F = t� tE - 4 f S x __ � i•7 ! s '+Hampfom -.Roanoke: Sfief eld� Richmond Orlean'si' Charleston; Newark, Warwick. . Cottager__. • r -j'�+ r{F { r ) SI-:a,r••. -a t R-._yr t :?r 2 ;-.: 1 f.-.•.,...,. 1'k E4 T f C�- � �-- � - � � F�.. r C tk I• C., � f tr C: �- r1 F i t t - 1 r Arch Top!f; Boards&Batten Oriole Coventry,' Federali. Georgian,� Colonial Parliament: Garrison_ Iwr� .y p h0 aY.•t�'ap)u w"r Phone(215)616-0600 (800)250-2221 ; >' Fax(215)616-0753 a;q" Rich Heggs ' 197 Wissahickon Ave. North Wales PA 19454 � p www hmbedanewoodcrafterscom e-mail rheggs@hmbedanewoodcrafterscom _ n.. •; he w',, .�.rc--,"ate;,^"" Y ! f`1_y •.99y' S. ''/ - c-''•� K'��, n-+�' r� .% -""i: .& `�' � e . ' �,, ..•- ,,r,_t�`��"''a'-„=-"-. , � ;fix ,., z,.•" " 3`>W'�.°, 6^`x^3 U�.,r1 ate-=fit.;• � TIMBERLANE WOODCRAFTERS, INC. 197 WISSAHI , P AVENUE T HEU LT I MAT NORTH WALES PA 19454 -E G U I D E TO THE FINEST SHUTTERS IN AMERICA Congratulations on requesting this catalog[ We've included everything you'll need I N c.1 - to know about quality shutters and how to select and order them You won't find -- rt. CALL OUR SHUTTER a more complete or more reliable sourcefor shutter information anywhere, coUNSE�oRS AT 800-250-2221 because Tamberlane specializes exclusively in shutters We're shutter experts, and Whether youplanto renovate a historic will help•you answer questions such as home, build a new home, or simply ^a h ,� want the best shutters available, •What are the hallmarks of a well-crafted shutter? '_ i° > ti• +��`� Tamberlane's expert shutter counselors - z • How should I choose want to make this experience special o the`style and panel configuration that's best for my home? - After all, purchasing fine shutters is - • How do[ measure for perfect fat? a likely to be a.once in a lifetime event . How does shutter hardware work in vari'lous applications? r •Who_should paint my shutters? ' ICK S a� yip This Is opr "Quick Ship" symbol _ •Why do some homes,have more than one style shutter? We've Yaced It next to our standard shutter styles. It means that style - Tamberlane has these answers and many more We invite you to use us as a > ` ''c: shutter is available for delive within 7 business da s[ trusted resource throughout your protect i C'QY SHIPPIN delivery - Y _ _ .. - o S H U T T E R S PECI F1 CATIONS 2-1/2"L 2-1/2" 2-12" 2-1a" � 0 2-1/2"� o _T15/16"± _F 15/16"+ 15/16"± --3/4"± ' � 1 21a'z " 2-1/2"L 2-1/2" e 2-12'Z - , 3-1/2' o i 4"± 4"± 4"± e 3-3/4"to4-1/4" o _ 1-5/16': 0 1-5/16" O 1-5/16" 0 1-5/16" /-/-42-1/2" / /z 1a" +— k./2-112 t /--/2-v2" /42-1/2„ STANDARD RAISED PANEL RECESSED PANEL SHAKER PANEL FLAT PANEL STANDARD LOUVER Stiles 2-1/2" Stiles 2-1/2" Stiles ' 2-1/2" Stiles 2-1/2" Stiles 2-1/2" Top Rad 2-1/2" Top Rail 2-1/2" Top Rail 2-1/2" Top Rad 2-1/2" Top Rad 2-1/2" Middle Rail(s) 2-1/2" Middle Rail(s) 2-1/2" Middle Rail(s) 2-1/2" Middle Rail(s) 2-1/2" _Middle Rail(s) 3-1/4" Bottom Rad 4"+/- Bottom Rail 4"+/- Bottom Rad 4"+/- Bottom Rail 4"+/- Bottum Rail 4 to 4-1/2" Panel thickness 15/16"+/- Panel thickness 15/16"+/- Panel thickness 15/16"+/- Panel thickness* 3/4" Stile/Rad thickness 1-5/16" Stile/Rad thickness 1-5/16" Stile/Rail thickness 1-5/16" Stile/Rall thickness 1-5/16" Stile/Rad thickness 1-5/16" Louver pitch 45 degrees *Varies based on type 2-1/2" 2-1/2"� 2" W3/8" 2-1/2"L 2-1/2" 2"_ i I r i IJ I / 4"to 4-3/4" 2"to 3" 1-5/16" 1-5/16" �42-1/2 A--/1-3/4" WIDE LOUVER THRU LOUVER NEW ENGLAND LOUVER BOARD SC BATTEN CLOSED BOARD &'BATTEN OPEN Stiles 2-1/2" Stiles 2-1/2" Stiles 1-3/4" (Shown with 3" boards) (Shown with 3-1/2"boards) Top Rad 2-1/2" Top Rail 2-1/2" Top Rad 2" Individual boards Individual boards (vertical)3" or 5-1/4" (vertical)3-1/2" or 5-1/4" Middle Rail(s) 2-1/2" Middle Rail(s) 2-1a" Middle Rail(s) 3" Battens.(horizontal)3-1/2" Battens (horizontal)3-1/2" Bottom Rad 4 to 4-3/4" Bottom Rail 4 to 4-3/4" Bottom Rail 2 to 3" Thickness 15/16" Thickness. 15/16" Stile/Rail thickness 1-5/16" Stile/Rail thickness 1-5/16" Stile/Rall thickness 1-5/16" Boards. 1-5/16" Battens 1" Boards 1" Battens 1" Louver pitch 60 degrees Louver pitch 45 degrees Louver pitch 45 degrees *See current pricing for Space between boards. 1/4" availability and additional options *See current pricing for CALL OUR SHUTTER COI.INSELI 1T 800-250-2221 availability and additional options For detailed larger drawings,dust ca Ne're here to help IY\ • � 'ice� ,' i�^� .'�� -d-�.A,. t 1 � ,Lys`i\ .- _— � �� .,ra, t:q. •Is % 1, � ��' r .r SHUTTER BOLTS SM4 SHUTTER HINGES HEAVY DUTY L-TYPE DO- Original Peters Design #607 Original Peters Design Traditional Design Traditional Design #4000-0 #4000-11/2 #4200-0 ' #4200-11/2 #nal #4000-1/2 #4000-21/4 #4200-1/2 #4200-21/4 Offsets 0" thru 21/4" SHUTTER RINGS SHUTTER STRAP HINGES Original Peters Design Traditional Design #1010- 10" #1014- 14" #2010- 10" #2014- 14" #'750 #770 #1012- 12" #1016- 16" #2012- 12" #2016- 16" Offsets 0" thru 31/4" GATE, BARN & STABLE HINGES Pintle Barrel #8018-18" #8042-42" " #8024-24" #8048-48" #8030-30 #8060-60 "o) #8036-361, 1 E O � i o Pintle Plate =� #8518-18" #8542-42" '( E #8524-241, #8548-48" I 0 %i #8530-30 #8560-60 N #8536-36 1 i i American Wood Column Corp. Manufacturers of Lock-Joint Staved Columns for Exterior and Interior Use 'dished over 90 years 913 Grand Street, Brooklyn, New York 11211-2703 Telephone: 718-782-3163 Fax: 718-387-9099 THE FIVE ORDERS OF ARCHITECTURE mdnh• Millwork ( — y Finials r Corruces Wood Mouldings P d ,rmdalse'�.fy.__. Yr Tom_ Moulded Ornaments i _ Pediments Brackets&Corbels _ Wood Turnings Posts&Railings r _ Newels&Balusters Fretwork Columns&Capitals —' . ci Wood Mantles I ` _ Cabinetry Tuscan, Doric Ionic Corinthian Composite 'Scale for the Tuscan and Donc orders Scale for the Iomc,Corinthian and Composite orders American Wood Column- Corp. Manufacturers of Lock-Joint Staved Columns for Exterior and Interior Use CAPITALS 4.1 y: ROMAN CORINTHIAN MODERN IONIC WITH NECKING TEMPLE OF WINDS q rw oasry � ROMAN IONIC SCAMOZZI GREEK IONIC We manufacture Capitals.The above styles available from 4 inches to 25 inches diameter.They can be made in staff,or wood and composi- hitect's details.We are also prepared to supply wood carved caps.Capitals used for tion.Other styles modeled to order or according to Arc 'exterior purposes are warranted to withstand all weather conditions. r2 _ Nr son A►T 4 ri%` alaS��~sti�--'-''•'�ti`v - ,,,, lt�( I�l�if rx;i A few composition ornaments selected from our display of several thousand patterns.They cover every period of architecture and by simple 'application provide limitless possibilities for developing the unusual in design for door faces,door trims,dado panels,chair rails,,cornicbs,fur- REFERENCE LIST _ .&R,D E R, D'I,R E C T-,F F2:0'M '.G.O OBD W1 N .A,s-s O'C 1-A T' E•S",'I, GOODWIN ASSOCIATES Supplier of Fine Architectural Detailing Products (716) 248-3320, fax (716) 387-0153 COLUMNS ] ^ `' wood,fiberglass,polyurethane 3, '•;=:; - ,< Classic Innovations Hartmann-Sanders Focal Point Chadsworth Edon Turncraft Custom MOLDINGS wood,high density polyurethane,fiberglass,GRG Interior&Exterior,Molded&Embossed Millwork,Historically Liscensed Mo.,ings, White River Seneca Millwork -`•J yT� 1. Focal Point Chemcrest Spectis Pagliacco Fypon DFI D Edon Custom ORNAMENTATION , fiberglass,high density polyurethane,wood,plaster,GRG Interior&Exterior -' Entrance Systems,Pilasters,Corbels,Domes,,Medallions,Brackets,Niches,Friezes; » Pediments,Arches,Sunbursts,Cupolas,Spires,Fireplaces,etc. Seneca Millwork Chemcrest Focal Point Pagliacco Spectis Edon Fypon DFI Custom -BALUSTRADE SYSTEMS fiberglass,,high-density polyurethane,wood, Chemcrest Focal Point •�`�,�.r'^ Spectis Pagliac''co Fy-pon' Custom ; s= ,. .FLEXIBLE & CURVED PRODUCTS y high,density polyurethane,wood,fiberglass ,.r. Flex Trim White RFvei— Du.raflex, Spectis DFI Custom TIN CEILINGS & WALLS drop-in or nail up,various sizes,brass,copper,chrome Shanker Industries CUSTOM SERVICES Fiberglass,wood,high density polyurethane,GRG Extensive custom services available at reasonable prices! This binder indicates samplings of our products. Please call for further information,pricing,specifications,etc. WE SHIP EVERYWHERE! SPECIFY GOODWIN ASSOCIATES TO ASSURE OUR EXCELLENT SERVICE & GREAT PRICES t:. Phone: �(716) 248-3320 Fay: (716) 387-0153 O R:D,E'R 0 I R E CT F'R 011 G,0.61,D,W I hi' A 5 s O C-i A'T t S i '�lrr ALTI :S H � TMJ RAL S PECI s �� RC �TEC A �fromnAdornments for Architecture FABRICATION! & SUPPLY,;,(i -1 - 288 Hollow Road '- Staatsburg,,New York, 12580 5i'u,�.Jn `tf v1 ORNAMENTAL METALWORK 'J CUPOLAS STEEPLES • WEATHERVANES ._FINIALS • CRESTING • DOMES - 'm LIGHTNING RODS • WINDMILLS SU_ N_ DIALS • HITCHING POSTS • BENCHES ~ GATES & RAILINGS • FOUNTAINS URNS • PLANTERS • OUTDOOR LAMPS STATUARY • GARDEN & PATIO t , w; FURNITURE • BIRD HOUSES t• IF WE DONT HAVE IT R I ' WE MAKE IT. - --In our facilities we offer : •Collaboration *Supportive Services for Project Design *Development of Mockup; M1 *prototype to Production . . ' *Master Craftsmen Dedicated to the Highest Standard of their Craft PLEASE FAX YOUR REQUEST TO: (',845) 889-8350- ' Our work is intensive which makes it difficult for us to break away and come to the phone. Therefor,we.prefer that interested customers fax us inquiries,together with all pertinent details. We assess requests at daily meetings and can then provide a p; considered response. We thank you for your interest. ' If you must call, ask for Bernhardt Seifert at: 8390: (845) 889- r'ro EST. 196 Cast Products Bdfus' ters,.' 41 °' ' : . 127 Squankum-Yellowbrook Rd., Baluster-A small column 0'rverticals hYa'Pe when'placed in Farmingdale,N.J. 07727 a series with a railing becomes a balustrade., „ PHONE: 732-938-2334 FAX: 732-919-091 www.stonexonlinexom' i t Email: info@stonexonline.com .'$ottom RaiI'_ Y "• - '• t� A;'n t -_+ 'fit tl f A t I 1-/4+� (g /1 3 1/4 g ' I6"x 6 s l "' cont.slot for dowel r 91/2" 5 1/4"x,5 1/4'sq s E-5"dia. 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' , 7 E'.,T. ,P,i %a ;e11,”; y 5631 I I 'r' :"��,i S632 6' r' - + 'i A :_s urror s. 1 7 Squan4uan�.'Vellowbrook Rd. Farmingdale,N.J.07727 r 'VOM-'732-93g-?334 FAX:732-919-0918 www st®nexonline.com Enian�:ilnfo@stonexonline.com A � _ Z. T -1 771 - - 8 1/4' f .. ., - , ;'lam• '. _•+ �� --4'/Z '__ T 1/2 I-1 4 4 '� 7" a 1/2 5 5. r 4.. /4° 3/a 3/4u Custom Sizes Available Reader's Requests GREEN UPDATE:, t=-3rµ v - : __ :sj - IFMTIN FROM THE U.S. GREEN BUILDING COUNCIL by Bill Walsh and Tom Lent, Healthy Building Network Note: Preservationists have long known that vinyl is not a good building material. Now, an extensive study and report from the Technical Science Advisory Committee of the U.S. Green Building Council (USGBC) gives us yet another resource to use when educating property owners and contractors about appropriate building treatments. The following article, reprinted with permission is another in a series of "Green Building and Historic Preservation"updates NAPC will be bringing its members as the preservation and green building communities seek and find ways to work together. USGBC: PVC is Not a Healthy Building Material "When we add end-of-life with accidental landfill fires and backyard burning, the additional risk of dioxin emissions puts PVC consistently among the worst materials for human health impacts..."USGBC Technical Science Advisory Committee (TSAC)final report. The verdict is in. On February 26, 2001,the Technical Science Advisory Committee of the U.S.Green Building Council (USGBC)released the results of its long awaited assessment of the health and environmental impacts of polyvinyl chloride plastic(PVC) building mate- rials. In recommending against a LEED credit for PVC elimination, the TSAC delivered a data rich defense of its rationale that such a credit would not necessarily ensure that LEED users would select an overall environmentally superior material.This is not a new dilemma. Selecting a LEED-accredited low VOC product,for example, has long been recognized as critically important for indoor health,but does not guarantee that the alternative is better for other environmental attributes. Far more significant is the TSAC finding that when human health impacts are appropriately considered, PVC was consistently worse than alternatives. Equally important,the damning data were associated with PVC production and end-of-life, phases of the material life cycle that are not unique to the materials or product types examined by TSAC.As a result, the TSAC has highlighted concerns that apply to other PVC building materials such as wall coverings or membrane roofs. The TSAC report runs over 200 pages, and looks at PVC and two to three alternative ma- terials in four product types. [1]They summarized their impact findings in three categories: Cancer,Total Human Health[2]and Environment[3]and provided a low,average,and high estimate for each category.Predictably,the results varied depending upon which estimates were used. It is interesting to note, that even using the low end estimates, PVC is rarely superior in any product type. Low end estimates are not, of course, protective of human health. Taking a Precautionary Principle approach to examine the TSAC data using the average to high estimates of impact for all materials makes the following clear: • On TSAC's Cancer ranking, PVC is consistently the absolute worst for each of the four product types studied.[4] • On TSAC's Total Human Health ranking, PVC consistently comes out either tied for worst or absolute worst. • On TSAC's Environmental ranking, PVC's performance is mixed—still abso- lute worst in the case of flooring—both VCT and sheet vinyl—but better than Mar Apr 2007 15 Reader's Requests one alternative and roughly equal to the alternatives in the other three cases. [5] Within the specific Environment subcategories performance is scattered with only cork flooring consistently outperforming every other alternative in its category in all environment indicators. So it comes down to this. If you screen out PVC from your materials choices, you always get better human health, but you may(or may not)trade off some or all of the"other"envi- ronmental attributes, depending upon which material you pick. Much work lies ahead to develop more useful screening tools, such as HBN's own Pharos Project, to help the designer quickly select materials and push the market on multiple en- vironmental fronts. In the meantime,the transition away from PVC can continue with another indicator in place that human health will be a winner. Footnotes: [1]The product areas and materials TSAC studied are:windows(PVC,aluminum and wood),pipe(PVC,cast iron and ABS),siding(PVC,aluminum and fiber cement)and resilient floor(VCT,sheet vinyl,linoleum and cork). [2]Total human health includes Cancer plus more effects including global climate change,particulates,mercury. [3]TSAC looked at acidification,eutrophication,smog,ozone depletion,global climate change,fossil fuel deple- tion,and ecotoxicity,then normalized the scores to one ranking [4]PVC consistently ranks worst for TSAC's Cancer ranking,even if low end estimates are used. [5]Specifically it ranked better on environment than cast iron pipes,aluminum siding and aluminum windows and not significantly different from ABS pipes,wood windows,wood siding and fiber cement siding 3- o1� = =ti =A'dd trona fes _ti T'i't' - - - -.�•t><-: .^Ilia^Vin. I'Ir sltute5'r's_atfem`tiii' ,to;discreditle:TSAC:s`=findin s throw`Ei'ress to rte. 1! FM. =p_ 9> ,- 9:. 9u ?. 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