| E-BULLETIN
OF THE HISTORIC DISTRICTS COUNCIL
December 2005, Volume 2 Number 12
Why the Austin Nichols Decision is Bad for Preservation
On Wednesday November 30, the City Council voted 43-6-1
to reject the landmark designation of the Austin, Nichols &
Company Warehouse at 184 Kent Avenue in Williamsburg, Brooklyn.
This is the second time in two months the Council has voted to deny
a landmark designation (the Jamaica Savings Bank in Elmhurst, Queens
was denied in October), and the two actions combine to paint a grim
picture for landmark designations. This appears to be part of a
very troublesome growing trend in Council deliberations that challenges
the independence of the Landmarks process and gives more weight
to a property owner’s approval of designation.
To hear the full story keep reading…or
go to the end of this article to see how you can help us continue
the fight for Austin Nichols.
In both cases that the Council voted to deny landmark designation,
one of the loudest voices in the discussion was Council Member Simcha
Felder, current Chair of the Subcommittee on Landmarks, Public Siting
& Maritime Uses. During the Council hearing on Austin Nichols,
Mr. Felder stated, “This is a piece of trash. We should knock
it down and put something nice up.” He went on to say that
he was proud of his record of overturning designations during his
tenure as Subcommittee chair; and that he was keeping the landmarks
process pure from anti-development or other agendas. CM Melinda
Katz, Chair of Land Use, chimed in, commenting that the outer boroughs
would not accept a lesser standard of landmark. This begs the question
of what specifically reaches her standard, as she was also an opponent
of preserving the former Trylon Theater on Queens Boulevard. Both
Katz and Felder’s opposition to the designation of the Austin
Nichols Building was undoubtedly influenced by the persistent criticism
of the building and its designation by Brooklyn Council Member David
Yassky.
Mr. Yassky strongly opposed this designation despite much community
outreach including postcard campaigns and requests for meetings,
as well as expert assessments of the building’s significance.
His reasons against preserving the building were numerous, but his
most disturbing comments were that landmarking would have “gone
against the waterfront revitalization rezoning [the Council] adopted
six months ago”. That’s not what the City Planning Commission
thought, stating in their report of November 2, 2005 that the existing
building was actually double the allowable bulk of the new zoning,
and that the “landmark designation does not conflict with
the Zoning Resolution, projected public improvements or any plans
for development, growth, improvement or renewal in the vicinity
of the landmark.” So what’s the problem?
“The Building is an eyesore” and “a hulking relic,”
stated former Council Member Ken Fisher, who was hired, along with
former LPC Chair Gene Norman, by the building’s owners Louis
and Moshe Kestenbaum to oppose the designation. A similar complaint
arose, a little more sotto voce, with the Jamaica Savings Bank.
There, the owners opposed the landmarking and the City Council turned
down the designation (in that case, over the mild objections of
the local Council member Helen Sears and the local community board).
So where does that leave us?
The way things are arrayed now, any landmark designation
which has strong owner opposition might well be overturned at Council,
especially if the owner is well-heeled or well-connected. This is
a very real concern. The last four historic district designations
– Stapleton Heights/St. Paul’s Avenue, Douglaston Hill,
Gansevoort Market and the Murray Hill Extension – all have
had some degree of owner opposition, in many cases including testimony
before the City Council.
In May 2002, when this Council was still young, The
New York Times reported that during the Council discussion of the
designation of the eventually approved Murray Hill Historic District,
“debate veered from the neighborhood’s historical merits
to property rights and the power of the state. ‘I would be
concerned if the Council as a body started to take owner consent
as a criteria for designation,’ said Sherida E. Paulsen, [then]
chairwoman of the landmarks commission. ‘Not that they shouldn’t
take it into account, but when the Council enacted the Landmarks
Law in 1965, it was not a criteria for designation.’”
At the time, a senior council member said, “The vast majority
of the City Council [are] new members. People are enthusiastic and
want to learn the subjects they are responsible for.” What’s
the reason now?
Not all of the Council accepted the arguments employed
by representatives of the owners of 184 Kent Avenue. Six Council
members agreed with the preservationists and the community members
and voted for the designation, with an additional Council Member
abstaining. Please write to these Council members and thank them
for voting to uphold this designation.
Councilmember Tony Avella: avella@council,nyc.ny.us
or 718-747-2137
Councilmember Michael McMahon: mcmahon@council.nyc.ny.us or 718-556-7370
Councilmember Bill Perkins: perkins@council.nyc.ny.us or 212-662-4440
Councilmember Letitia James: james@council.nyc.ny.us or 718-260-9191
Councilmember Al Vann: vann@council.nyc.ny.us or 718-919-0740
Councilmember Vincent Gentile: gentile@council.nyc.ny.us or 718-748-5200
The fight is not over. In the next few days Mayor
Bloomberg can veto the Council’s decision. Please call 311
or write to the Mayor and urge him to use this veto power. If he
uses his veto, the Council will have the opportunity to overturn
the veto. If you don’t see your councilmember listed above,
then they voted against this landmark! You can contact your councilmember
here and ask them to reconsider if the opportunity arises.
Reminder: HDC Holiday Party December 8
On Thursday, December 8 from 6-8pm noted author Elizabeth
Gaffney will read from her popular book, Metropolis: A Novel. Copies
of the book will be on sale or receive a complimentary copy signed
by the author if become a Friend of HDC now at the $100 level. E-mail
ftolbert@hdc.org for more information. The party will be held at
the historic Plymouth Church of the Pilgrims in Brooklyn Heights.
To RSVP please e-mail arich@hdc.org or call our office at 212 614-9107.
We hope to see you there.
Become a Friend of the Historic Districts Council
HDC’s Friends and supporters make all our programs
possible. If you’re not one already, please take this opportunity
to become a Friend of HDC and receive benefits such as free events,
special admission offers, access to technical and moral support
and current news about preservation issues. Learn more about the
benefits of being a Friend and join our mailing list to receive
an information packet in the mail.
To unsubscribe from the email list please email hdc@hdc.org
and write "Unsubscribe" in the subject heading. We’ll
miss you!
The Advocate for New York City’s Historic
Neighborhoods
232 East 11th Street New York NY 10003
tel: 212-614-9107 fax: 212-614-9127 email: hdc@hdc.org
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