Landmark permit issued for 133-137 EAST 73RD STREET, MANHATTAN in Upper East Side

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New York City Landmarks Preservation Commission
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This is a landmark building permit with a issue date of January 2, 2009.

Landmark building permit details

Location 133-137 EAST 73RD STREET, MANHATTAN
Issue date January 2, 2009
(?) COFA COFA 09-6391

Certificates of Appropriateness (COFAs) are issued by the landmarks commission when it approves such things as building construction, demolition and visible additions to historic property. The certificates require a public hearing and the entire process can take several months.

Docket 09-6126
Historic district Upper East Side
Landmark name N/A
Expiration date September 16, 2014
Text Pursuant to Section 25-307 of the Administrative Code of the City of New York, the Landmarks Preservation
Commission, at the Public Meeting of October 14, 2008, following the Public Meetings of August 5, 2008 and
September 16, 2008, and the Public Hearing and Public Meeting of July 22, 2008, voted to approve the
construction of a rooftop addition at the subject premises, as put forward in your application completed on June
26, 2008. The Commission had previously voted to approve a proposal to alter the rear facade, alter the stoop,
and establish a storefront master plan on September 16, 2008. The approval will expire on September 16, 2014.

The proposed work, as approved on September 16, 2008, consists of the creation of a storefront master plan,
including the removal of non-historic framing, awnings, gates, and glazing; restoration of decorative elements,
the installation of new steel and wood framing and glazing featuring transom windows; the repair of bulkheads,
the installation of new paneled wood and glass doors and sidelights located in a recessed vestibule, the
installation of back painted signage at the transom windows above each storefront entry, the installation of
retractable awnings mounted at the top of the transom windows, with open sides, and clad in canvas with an
unframed skirts, the restoration of a lost portion of the sheet metal cornice at the northernmost storefront; the
installation of light fixtures within the soffit of the recessed entries, the removal of non-historic ironwork and
installation of a metal grated hatch at the southern corner areaway, the installation of a new metal basement level
gate at the northernmost storefront; the repair of the historic storefront framing, bulkheads, cornice, steps, and
ironwork; the demolition of the north wall at the third through sixth floors and reconstruction in a recessed plane,
featuring one-over-one double-hung wood windows, single-pane fixed windows, and sliding glass doors with
metal balconies at the third through fifth floors; the modification of window openings at the portion of the north
wall that is to remain; the installation of wood and glass doors with four panes; and the installation of metal
balconies at the third through fifth floors; the removal of stone steps at the stoop at the East 73rd Street stoop of
#137, retaining the stoop cheek walls; dropping the door sill to sidewalk level, and the installation of a multi-light
wood and glass door with a transom window and sidelights; the removal of an existing ramp and installation of
metal grating at the areaway; as shown in a site plan, materials samples, existing condition photographs, historic
photographs, photomontages, renderings, and drawings labeled COVER, LPC-1 through LPC-10, LPC-10.1,
LPC-11 through LPC-15, LPC-15.1, LPC-16 through LPC-18; all dated September 16, 2008, and prepared by
Franke, Gottsegen, Cox Architects; submitted as components of the application, and presented at the Public
Hearing and the Public Meeting. The proposal as initially presented, included the construction of a larger terra
cotta, glass, and brick two-story rooftop addition with a rooftop stair bulkhead and mechanical equipment.

The proposed work, as approved on October 14, 2008, consists of the construction of a one-story penthouse
spanning the two buildings, clad in standing seam zinc, terra cotta panels, glass, and brick; with a metal railing,
HVAC units, ventilation fans, a rubbish chute, an elevator bulkhead and a stair bulkhead clad in standing seam
metal on the penthouse roof, and a metal balcony at the north elevation; as shown in a site plan, materials
samples, existing condition photographs, historic photographs, photomontages, renderings, and drawings labeled
COVER, LPC-1 through LPC-15; all dated September 16, 2008, and prepared by Franke, Gottsegen, Cox
Architects; submitted as components of the application, and presented at the Public Hearing and the Public
Meeting.

With regard to this proposal, the Commission noted that the Upper East Side Historic District designation report
describes 133-137 East 73rd Street, aka 1024-1030 Lexington Avenue, as a neo-Georgian style residence
designed by William H. Birkmire and constructed in 1899-1900 and a neo-Italian Renaissance style building
designed by Charles Stegmayer and constructed in 1898-1899; and that the building's style, scale, materials and
details are among the features that contribute to the special architectural and historic character of the Upper East
Side Historic District. The Commission also notes that Warning Letter 09-0386 was issued on September 11,
2008 for "Installation of awning at 1024 Lexington Avenue ("La Terrine") without permit(s)"; that Warning
Letter 09-0387 was issued on September 11, 2008 for "Window signage installed at 137 East 73rd Street ("La
Terrine") without permit(s)"; that Warning Letter 09-0388 was issued on September 11, 2008 for "Installation of
awning at 1026 Lexington Avenue without permit(s)"; and that Warning Letter 09-0389 was issued on September
11, 2008 for "Installation of awning at 1028 Lexington Avenue without permit(s)."

With regard to this proposal, the Commission found that the historic elements that survive on altered storefronts,
such as the oculus window and hood, the ironwork at the former entrance portico, the cast iron cornices, and iron
posts, will be retrained and restored; contributing to the decorative, eclectic detail of the storefronts, and showing
evidence of the changes to the storefronts that have occurred throughout the life of the building; that remaining
historic fabric at the storefront bulkheads, framing, and steps will be repaired or replaced in kind; that the
proposed storefronts will restore the transom windows and recessed doorways seen in c. 1920 photographs of the
building, and the creation of an interior vestibule will allow more storefront tenants while maintaining the historic
number of entries; that the storefront lighting will be discreetly located within the soffits of recessed entries; that
the retractable canvas awnings and signage applied to the transom windows will be well-proportioned and are
appropriate for storefronts of this age and style; that the establishment of a storefront master plan will ensure
unity to the storefront design and materials in the building's base over time; that will the steps at the stoop of #137
will be removed to provide barrier-free access, the cheek walls will be retained, providing evidence that the
building once had a raised entry with stairs; that the removal and reconstruction of the north wall in a different
plane will not interrupt the visual character of this secondary elevation, and that the new brick and mortar will
match the historic; that the style of the stained glass window at the fourth floor of #137 indicates it is a more
recent addition to the building and its design is not of architectural importance, thus its removal will not result in
the elimination of a significant historic feature; that the installation of a one-over-one wood window is
appropriate for a building of this age and style and will restore continuity to the fenestration; that the size,
proportions, and massing of the proposed addition and accessory bulkheads will not overwhelm the scale of the
buildings; that the south and east elevations of the proposed addition will be most visible only in the context of
other rooftop accretions and against the backdrop of other buildings, thereby minimizing the addition's impact
upon the skyline and the significant features of the building; that the north elevation of the roof top addition will
be of the same brick as the rest of the new north elevation, and the window and door openings will harmonize
with the fenestration pattern, thus not drawing undue attention to itself when viewed from Lexington Avenue
looking south; that the use of several different materials on the addition reflects that these are two separate
buildings; that the balconies at the north elevation are minimally detailed, located on a secondary facade, and that
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Issued: 1/2/09
DOCKET: 09-6126
they will not draw undue attention to this proposed feature; and that the work will not detract from the buildings,
the streetscape or the Upper East Side Historic District. Based on these findings, the Commission determined the
proposed work to be appropriate to the building and the historic district. The work, therefore, is approved.

However, in voting to grant this approval, the Commission stipulated that two final signed and sealed copies of
the Department of Buildings filing drawings for the approved work be submitted to the staff of the Commission
for review and approval.

Subsequently, on December 23 , 2008, the Landmarks Preservation Commission received a final drawing labeled
A-606, dated May 19, 2008; drawings labeled G-100, G-101, G-102, A-001, A-002, AS-100, AS-101, AD-100,
A-101 through A-105, A-108, A-200, A-203, A-301, A-303, A-400, A-600, A-601, and A-603, dated revised
October 24, 2008; and drawings labeled A-100, A-106, A-107, A-201, A-202, A-602, A-604, A-605, A-700,
A-701, and A-702, dated revised December 22, 2008; all prepared by Matthew C. Gottsegen, R.A.; and drawings
labeled S-100 through S-105, S-200, and S-300; dated October 23, 2008; prepared by Wayman C. Wing, P.E.
Accordingly, staff reviewed the drawings and found that the proposal has been amended to include the removal
and replacement of one-over-one, double-hung, wood windows at the first through fifth floors; the removal and
replacement of one-over-one, double-hung, arched, wood windows at the fifth floor of #137; façade cleaning
using Sure Klean Light Duty Restoration Cleaner, as manufactured by ProSoCo, Inc., and water pressure not to
exceed 300 psi; repointing; brick replacement; patching brick, stone, and terra cotta units using Jahn Restoration
Mortars, as manufactured by Cathedral Stone Products, Inc.; paint removal using Safety Peel #1 and #3, as
manufactured by ProSoCo, Inc., and a water rinse not to exceed 300 psi; resurfacing the cheek walls of the East
73rd Street stoop at #137; the construction of a one-story addition in the rear yard with four skylights on the roof;
the demolition of the west wall and reconstruction of the wall in the same location featuring brick cladding to
match the existing and three double-hung windows; the demolition and infill of the existing lightwells; the
installation of three additional skylights on the roof of the new penthouse; the installation of concrete roof pavers
at the penthouse terrace; interior alterations at the cellar through fifth floors, including the demolition and
construction of interior partitions, electrical work, plumbing, mechanical systems, and finishes; and excavation
and structural underpinning.

The Commission reviewed the drawings and found that in accordance with the Rules of the City of New York,
Title 63, Section 3-04(c)(2)(i), that the new windows will match the historic windows in terms of configuration,
operation, details, material, and finish; with regard to the non-visible windows, the Commission finds in
accordance with the Rules of the City of New York, Title 63, Section 3-04(d)(2), that the windows are to be
installed in existing window openings, and they do not replace "special" windows as defined in the definitions
(section 3-01) and illustrated in Appendix A; that the cleaning and paint removal will be undertaken using the
gentlest method possible without damaging the masonry facade; and that the proposed work will help return the
facade closer to its original appearance; with regard to the brownstone resurfacing, the Commission finds, in
accordance with the provisions set forth in Title 63 of the Rules of the City of New York, Section 2-14, that the
existing brownstone surface is flaking, damaged or otherwise unsound; that the original texture, color, profiles
and details of the brownstone will be replicated; that the damaged stone will be cut back to sound stone and the
new surface will be keyed into the sound stone and will be built up in successive layers using a cementitious mix
with the top layer tinted and finished to match the original brownstone texture and color; and that the methods
and materials proposed by the contractor have been provided in the form of written specifications; that the
specified pointing mortar will be compatible with the historic masonry in terms of composition, and will match
the historic mortar in terms of color, texture, and tooling; that replacing brick where necessary will eliminate
potentially unstable conditions; that the new brick will match the original brick in terms of color, texture, size,
and decorative pattern; that the original texture, color, profiles and details of the limestone will be replicated; with
regard to the one-story addition, the Commission finds, in accordance with the Rules of the City of New York,
Title 63, Section 2-16, that the new rear addition will not extend to the rear lot line or substantially eliminate the
presence of a rear yard; that the rear of the building has no significant architectural features which would be lost
or damaged as a result of the construction of the addition; that the proposed addition will not be visible from a
public thoroughfare or right of way; that other rear yard incursions exist within the block; that the rear of the
building will retain the scale and character of an individual row house; that the proposed work complies with the
Zoning Resolution and will not require a special permit or variance; that the rear addition does not rise to the full
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Issued: 1/2/09
DOCKET: 09-6126
height of the building; and that the rear facade will not be removed from the entire width of the building; that the
west wall is not visible from any public thoroughfare, that its demolition and reconstruction will not result in the
loss of any significant architectural features; and that the new brick will match the existing in terms of color,
texture, size, and decorative pattern; that, in accordance with the Rules of the City of New York, Title 63, Section
2-19(c)(2), the installation of the skylights and pavers consists solely of mechanical equipment; that it will not
result in damage to, or demolition of, any significant features of the roof of the building; and that the installation
will not be visible from any public thoroughfare; and that the proposal approved by the Commission has been
maintained. Based on this and the above findings, the drawings are marked approved with a perforated seal, and
Certificate of Appropriateness 09-6391 is being issued.

This permit is issued contingent upon the Commission's review and approval of test samples of the repointing
mortar, replacement brick, and patching mortar prior to the commencement of the work; and the understanding
that the work will take place when the exterior temperature remains a constant 45 degrees F or above for a
72-hour period from the commencement of the work. Please contact Blaire Walsh at the Landmarks Preservation
Commission when samples are completed for a site inspection.

Please note that this permit contains a compliance date for the storefronts of September 2, 2009. If you do not
complete the work by this date, Notices of Violation (NOV) originating from the Environmental Control Board
may be issued in accordance with the Rules of the City of New York, Section 7-02(c). These NOV would require
a court appearance, and a civil penalty may be imposed. Please be advised that Landmarks Preservation
Commission Warning Letter 09-0386 issued on September 11, 2008 for "Installation of awning at 1024
Lexington Avenue ("La Terrine") without permit(s)"; Warning Letter 09-0387 issued on September 11, 2008 for
"Window signage installed at 137 East 73rd Street ("La Terrine") without permit(s)"; Warning Letter 09-0388
issued on September 11, 2008 for "Installation of awning at 1026 Lexington Avenue without permit(s)"; and
Warning Letter 09-0389 issued on September 11, 2008 for "Installation of awning at 1028 Lexington Avenue
without permit(s)," remain in effect against the property until the approved work is completed in compliance with
the storefront master plan approved in this permit, and photographs of the completed work are submitted to the
Landmarks Preservation Commission along with a written request for a Notice of Compliance.

Please also note that while there is a compliance date of September 2, 2009 to rectify the current storefront
violations, the storefront master plan does not expire.

Also, as the approved work consists of subsurface work, the applicant is required to strictly adhere to the
Department of Buildings TPPN 10/88 governing in-ground construction adjacent to historic buildings. It is the
applicant's obligation at the time of applying for their permit to inform the Department of Buildings that the
TPPN applies.

This permit is issued on the basis of the building and site conditions described in the application and disclosed
during the review process. By accepting this permit, the applicant agrees to notify the Commission if the actual
building or site conditions vary or if original or historic building fabric is discovered. The Commission reserves
the right to amend or revoke this permit, upon written notice to the applicant, in the event that the actual building
or site conditions are materially different from those described in the application or disclosed during the review
process.

All approved drawings are marked approved by the Commission with a perforated seal indicating the date of
approval. The work is limited to what is contained in the perforated documents. Other work or amendments to
this filing must be reviewed and approved separately. The applicant is hereby put on notice that performing or
maintaining any work not explicitly authorized by this permit may make the applicant liable for criminal and/or
civil penalties, including imprisonment and fines. This letter constitutes the permit; a copy must be prominently
displayed at the site while work is in progress. Please direct inquiries to Blaire Walsh.




PAGE 4
Issued: 1/2/09
DOCKET: 09-6126
Robert B. Tierney
Chair

PLEASE NOTE: PERFORATED DRAWINGS AND A COPY OF THIS PERMIT HAVE BEEN SENT TO:
Elaine Rios, Conversano Associates, Inc.

cc: Jared Knowles, Deputy Director of Preservation/LPC




PAGE 5
Issued: 1/2/09
DOCKET: 09-6126

Added to EveryBlock on January 27, 2009.

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