In a recent meeting of the Landmarks Preservation Commission (LPC), the legalization of excavation work at 116 East 78th Street was discussed, following a lengthy construction process that began in 2011. Architect Mark Albertson presented the case, explaining that the excavation of the rear courtyard had been flagged for non-compliance due to a misunderstanding regarding approvals and a clerical error in 2019.

The project, which took 13 years to complete, was initially approved with plans that included a 5-foot planting area along the rear property line. However, the excavation expanded beyond this requirement, leading to violations issued by the LPC. Albertson emphasized that the excavation was necessary for mechanical equipment servicing the townhouse and that demolishing the area would cause significant disruption to the owners and the surrounding neighborhood.

During the meeting, Zeynep Turan from the Friends of the Upper East Side expressed strong opposition to the proposal, citing the applicant's failure to secure necessary permits as a disregard for established regulations. Turan urged the LPC to reject the application unless substantial green space was incorporated into the design to mitigate environmental impacts.

Despite the opposition, Manhattan Community Board 8 recommended approval of the project. The LPC commissioners engaged in a discussion about the historical context of similar excavations in the area, noting that previous approvals had allowed for full lot excavations due to the lack of cohesive green spaces in the neighborhood.

The LPC is now tasked with evaluating whether the standard requirement for a 5-foot unexcavated area is necessary in this specific context, given the unique characteristics of the block and the absence of common green areas. The outcome of this meeting could set a precedent for future excavation projects in historic districts facing similar challenges.