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Landmarks legalizes rear‑court skylights in Sunnyside after owner seeks retroactive approval

5495380 · January 14, 2025
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Summary

The commission approved retroactive legalization of three low-profile skylights on a rear roof slope in the Sunnyside Gardens Historic District, after the owner installed them without a permit during an approved slate-roof replacement.

The Landmarks Preservation Commission approved retroactive legalization of three low-profile skylights on the rear roof slope of 3969–40 Fifth Street in the Sunnyside Gardens Historic District.

Staff explained the skylights were installed during an approved slate roof replacement and are located on the slope facing an interior garden court; they are not visible from public thoroughfares except within the shared courtyard paths. Niam Pawlik of preservation staff showed photographs indicating the skylights have a slim, low profile comparable to other skylights the commission has approved in the district.

Building owner Dominic Stiller explained he and his contractor completed the slate roof work after experiencing contractor and insurance difficulties; he said extra slate tiles were retained on-site for future repairs. Commissioners expressed frustration that the skylights were installed without a public hearing permit but noted the skylights are the type the commission frequently approves in Sunnyside. Commissioner Ginsburg called the decision to install prior to approval “troubling,” while several commissioners said they would have approved the installation if it had been brought in advance.

The commission approved the legalization, finding the skylights remove only a limited area of slate, are located on a rear slope not visible from public thoroughfares, and are consistent with precedent in the district. The commission also discussed possible outreach to Sunnyside about LPC permitting processes.