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Commission legalizes 1-over-1 windows at Upper West Side building, requires replacement to meet LPC rules when replaced
Summary
After public testimony and debate over a longstanding violation, the commission approved keeping existing 1-over-1 double-hung windows at 167 West 70th Street for their remaining life, with the expectation that future replacements must meet LPC guidelines and restore brick mold profiles.
The Landmarks Preservation Commission on March 25 voted to legalize existing 1-over-1 double-hung windows at 167 West 70th Street in the Upper West Side–Central Park West Historic District, allowing the windows to remain for the remainder of their natural life while confirming that any future replacement will have to comply with Commission rules.
Owner and presenter Alessandra Nehudil told the commission she inherited the property recently and said the building carries long-standing violations, including a windows violation issued in 2006 that remains on the record. "I can't afford to keep this building," Nehudil said, explaining the house is under mortgage pressure and that an imminent sale depends on clearing the outstanding violation. Preservation advocates including the Victorian Society of New York and Landmark West opposed legalizing the 1-over-1 sash and urged replacement with multilite painted wood windows consistent with the building's early 20th-century appearance.
Commissioners examined historical photos and neighborhood context and concluded the 1-over-1 configuration is compatible with the block and with the building's altered historic pattern. Several commissioners noted that some floors already had 1-over-1 windows at the time of designation. The commission found that the windows are "uniform throughout the residential floors and harmonious with the facade design" and that the metal material of the windows is not readily discernible from the street at and above the third floor. The commission approved legalization by recorded vote; the staff recommendation clarified that existing windows may remain until they need replacement and that any future replacement must meet the Commission's rules and staff review.
Commissioners discussed remediation options for the outstanding violation, including escrow arrangements commonly used when a sale is pending. The commission recorded a 9-0 vote in favor of the staff recommendation to legalize the existing windows under the condition that future replacements conform to applicable LPC standards.
