Spotlight on: Three Types of Permits Issued By the LPC
Feb. 5, 2015 — New York City's Landmarks Preservation Commission (LPC) requires owners of landmark properties and buildings located within an LPC-designated historic district to get the commission's approval before undertaking alterations or repairs. Changes to properties affected by LPC rules must preserve the architectural integrity of the building's original design, and they cannot unnecessarily clash with the look and feel of the surrounding neighborhood. The LPC provides clear guidelines on which type of work does or does not require a permit. Approval is not needed for ordinary repairs or maintenance work, such as repainting (if it matches the existing color), caulking around windows and doors, replacing broken window glass, or removing a small amount of graffiti. Most other work, however, will require approval from the LPC, including the following:
• Repairing or resurfacing masonry.
• Repointing stone or brick surfaces.
• Repairing settlement cracks.
• Cleaning exterior wall surfaces.
• Stripping paint from the facade.
• Painting previously unpainted masonry.
• Applying preservative coatings or anti-graffiti coatings.
• Installing or removing signs or other appurtenances.
•Interior alterations, including mechanical, plumbing, and heating upgrades and apartment renovations.
If the work requires a permit from the New York City Department of Buildings (DOB), then it automatically requires approval from the LPC. Some projects, however, such as replacing windows (so long as the existing openings remain the same size), usually do not require a DOB permit but always require an LPC permit.
The LPC issues three types of permits. The first, a Certificate of No Effect, is required when the work requires a DOB permit but does not affect the protected architectural features of the building. This would include most interior work, such as the heating upgrade and changes to the lobby that your building has planned, or work that does not adversely affect significant features of the building, such as replacing a window lintel or a roofing membrane. Even though most interior work is not visible from the outside, some repairs and alterations could be, which is why the LPC requires a permit. For example, the vent of a bathroom exhaust fan could cut through a significant decorative feature on the facade, or an interior partition could partially block a front window. Likewise, an exterior element of the building not on the front facade could still be visible from a side street. The LPC would require that the proposed work in such cases be modified so it meets applicable guidelines.
The second type of LPC approval, a Permit for Minor Work (PMW), is issued when the proposed work will affect significant protected architectural features but does not require a DOB permit. Examples include window or door replacement, masonry cleaning or repair, restoring architectural details, and refurbishing fire escapes.
The third type of permit, a Certificate of Appropriateness (C of A), is needed when the proposed work requires a DOB permit and will affect significant protected architectural features. (If the proposed work does not require a DOB permit but has been denied a PMW, the owner can apply for a C of A.) Examples of C of A work include adding or demolishing stories, removing stoops or cornices, or any type of new construction. In these instances, the LPC requires that a public hearing be held at which the building owner (or a representative) presents the case for the proposed work, and a board of LPC commissioners votes on it.
In determining whether to grant approval for a proposed renovation or upgrade, the LPC takes into consideration whether the work will be historically accurate to the building and/or the district where it is located. If the property has been minimally modified from its original design, then the renovations or repairs should match the existing character of the building as closely as possible.
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