38 East 73rd Street

Building Name

38 East 73rd Street

Architect

Charles Buek & Co.

Year(s) Built

1886-87

Designation

Upper East Side Historic District

Project Information:

A neo-Grec/Queen Anne style house designed by Charles Buek & Co. and built in 1886-87. Application is to legalize the construction of a rear yard addition without Landmarks Preservation Commission permit(s).

CB8 Hearing: 04/20/20 (Disapproved)
LPC Hearing: 10/19/21 (No Action)
LPC Meeting: 04/12/22 (Approved)

FRIENDS' Testimony:

FRIENDS’ Preservation Committee acknowledges that if this addition had come before the Commission before its construction, it may have been considered appropriate given its non-visibility and the absence of a rear yard requirement for this lot. Nevertheless, FRIENDS has great concern over illegal alterations, however appropriate the changes may be, and we do not condone any work done to landmarked building without a permit.

In addition to the construction without a Landmarks permit, there are many other concerning aspects of this proposal. The current LPC violation was issued in 2005, alongside an ECB hazardous violation that has resulted in a Stop Work order. The ECB violation and Stop Work order are still in effect to this day, nearly 15 years later, without any recorded compliance.

Furthermore, Community Board 8 last saw this proposal two years ago in April 2020. We are puzzled why the community has not been allowed to review the application again prior to the hearing last October 2021. The lengthy timeline of this application is detrimental to community input, and while we understand that the Commission cannot control the applicant’s submissions, we take issue with the fact that the materials for this proposal were made available only at the end of the day on Friday, only four business hours prior to the deadline for written comments.

FRIENDS’ Preservation Committee is usually sympathetic with owners who have inherited violations and illegal alterations by previous owners. Unfortunately, that doesn’t seem to be the case in this situation. Public records show that the current owner purchased the building in 1983, shortly after the designation of the historic district. This leads us to believe the current owner to be responsible for all the illegal work done on this property, and ask the Commission to not reward the applicant by approving this legalization.

LPC Hearing:
FRIENDS' Testimony:

FRIENDS’ Preservation Committee acknowledges that if this addition had come before the Commission before its construction, it may have been considered appropriate given its non-visibility and the absence of a rear yard requirement for this lot. Nevertheless, FRIENDS has great concern over illegal alterations, however appropriate the changes may be, and we do not condone any work done to landmarked building without a permit.

In addition to the construction without a Landmarks permit, there are many other concerning aspects of this proposal. The current LPC violation was issued in 2005, alongside an ECB hazardous violation that has resulted in a Stop Work order. The ECB violation and Stop Work order are still in effect to this day, nearly 15 years later, without any recorded compliance.

Furthermore, Community Board 8 last saw this proposal two years ago in April 2020. We are puzzled why the community has not been allowed to review the application again prior to the hearing last October 2021. The lengthy timeline of this application is detrimental to community input, and while we understand that the Commission cannot control the applicant’s submissions, we take issue with the fact that the materials for this proposal were made available only at the end of the day on Friday, only four business hours prior to the deadline for written comments.

FRIENDS’ Preservation Committee is usually sympathetic with owners who have inherited violations and illegal alterations by previous owners. Unfortunately, that doesn’t seem to be the case in this situation. Public records show that the current owner purchased the building in 1983, shortly after the designation of the historic district. This leads us to believe the current owner to be responsible for all the illegal work done on this property, and ask the Commission to not reward the applicant by approving this legalization.

LPC Hearing: