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City law aims to close landmarks loophole.


A bill introduced by City Council Member Rosie Mendez may take away developers rights to supersede To obliterate, replace, make void, or useless.

Supersede means to take the place of, as by reason of superior worth or right. A recently enacted statute that repeals an older law is said to supersede the prior legislation.
 a Landmarks Preservation Commission designation of a building if the developer has already obtained DOB DOB
abbr.
date of birth



DOB

abbreviation for date of birth; used in medical records.

DOB Date of birth
 permits.

The bill would allow the Department of Buildings to automatically suspend and/or revoke To annul or make void by recalling or taking back; to cancel, rescind, repeal, or reverse.


revoke v. to annul or cancel an act, particularly a statement, document, or promise, as if it no longer existed.
 the builder's permit when a building is land marked if they can't prove they already invested a "substantial" amount of time or energy on the project.

The DOB will ultimately determine what constitutes substantial, or if developers willing to cooperate with land marking status would also have their permits automatically suspended. It is likely that developers would have the option of having their suspension lifted A suspension lift is a modification, often done by Jeep, truck, suv and offroad enthusiasts to raise the ride height of their vehicle. Suspension lifts (also referred to as lift kits or leveling kits) enable steeper ascent, descent and breakover angles, higher ground clearance, and  if they agreed to work with LPC (language) LPC - A variant of C designed ca 1988 to program LP MUDs.  on the building, said a spokesperson for Mendez.

Prior to the introduction of the bill, preservationists claim LPC had no recourse to stop developers from altering or destroying historical characteristics of buildings they deemed important including the PS. 64 in Tompkins Square area Dakota Stables on the Upper West Side, , and the City and Suburban Homes Companies residential complex on East 64th and East 65th street

Mendez introduced the bill partly as a response to the destruction last year of P.S. 64 that was recognized for its history educating generations of immigrants by the LPC.

"Its high time the Council closed the loophole An omission or Ambiguity in a legal document that allows the intent of the document to be evaded.

Loopholes come into being through the passage of statutes, the enactment of regulations, the drafting of contracts or the decisions of courts.
 allowing developers to destroy historic buildings when the Landmarks Preservation Commission has granted landmarked status," Mendez said. "Last year we were incensed when the owner started ripping apart the exterior of P.S 64 immediately after the building was landmarked by the Commission. He did so with impunity IMPUNITY. Not being punished for a crime or misdemeanor committed. The impunity of crimes is one of the most prolific sources whence they arise. lmpunitas continuum affectum tribuit delinquenti. 4 Co. 45, a; 5 Co. 109, a.  because he'd received a permit from the Department of Buildings. Under the law I'm proposing today that permit would gave been revoked and that building would be intact," Mendez said.

The City and Suburban Homes Companies residential complex on East 64th and East 65th street which were the last light court tenements built at the turn of the century that helped define urban development projects. The builder applied for the city permit prior to the building being land marked. As soon as LPC took the first step towards land marking the building, the builder tore off the buildings historical parapets, and covered the entire building in red stucco stucco (stŭk`ō), in architecture, a term loosely applied to various kinds of plasterwork, both exterior and interior. It now commonly refers to a plaster or cement used for the external coating of buildings, most frequently employed in . LPC had little recourse to protect the building.

The Dakota stables were significantly altered the night before the building was set to be calendared by the Landmarks Commission.

In a related matter the LPC recently used an increase of $250,000 in their budget to hire a five member survey to scour scour, scours

1. the chemical and physical cleaning of fleece wool.

2. diarrhea.


dietetic scour
see dietary diarrhea.

peat scour
see secondary nutritional copper deficiency.
 the city and proactively access the cities architectural and archeological resources to ultimately consider them for land marking. They have already surveyed 15,000 buildings.

For the past 47 years, prior to the team being hired, LPC accessed buildings exclusively through applications submitted to them.

"We expect the teams work will yield many more landmarks being designated," said Lisi de Bourbon Bourbon (brbôN`), European royal family, originally of France; a cadet branch of the Capetian dynasty. , spokesperson for the LPC.

Finally, a group of preservation groups, including the Municipal Arts Society, are lobbying to increase the LPC's budget by one million dollars for fiscal year 2008.

Mendezs' bill is currently being reviewed by the DOB and the LPC.
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Title Annotation:Construction & DESIGN
Comment:City law aims to close landmarks loophole.(Construction & DESIGN)
Author:Wolffe, Danielle
Publication:Real Estate Weekly
Date:Mar 21, 2007
Words:533
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