Landmarks Commission Nominee Ignites Unusually Charged Debate

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It has been about 20 years since a nominee to the Landmarks Preservation Commission has engendered such debate at City Hall as Margery Perlmutter.

“Rarely has a nomination to the ranks of the Landmarks Preservation Commission sparked such widespread concern,” a preservation architect with the New York Landmarks Conservancy, Roger Lang, said, speaking on behalf of the Conservancy.

Holding a stack of white cards, the Rules Committee chairwoman, Diana Reyna, alternated between calling on those backing and opposing the nomination to speak. Division within the preservation community was evident by a split in opinion among three former chairwomen of the Landmarks Preservation Commission: Beverly Moss Spatt spoke in opposition, while Sherida Paulsen praised Ms. Perlmutter’s service as co-chairwoman of the landmarks committee of Community Board 8. A third former co-chairwoman of the LPC, Laurie Beckelman, supported the nomination.

Ms. Perlmutter’s intellect, training, and experience were not in question, Mr. Lang said. Ms. Perlmutter is an architect, land use attorney, urbanist, and advocate of the development of affordable housing who has lectured on historic preservation. Preservation architect Judith Salzman praised her as “the consummate professional – exhibiting intellectual discipline, rigorous analytic skills, and creative thinking.” Frederic Bell of the American Institute of Architects described her as exemplifying “the rare ability to understand precedent and context.” The LPC’s chairman, Robert Tierney, said that what Ms. Perlmutter brings to the table is “too good to be true.”

Mr. Lang and executives of various community-based organizations – such as the Friends of the Upper East Side Historic District, the Society for the Architecture of the City, Defenders of the Historic Upper East Side, Landmarks West!, the Four Borough Neighborhood Preservation Alliance, and the Historic Districts Council – were concerned over the issue of conflicts of interest stemming from her occupation as a real estate attorney and lobbyist.

Ms. Perlmutter said she would be objective and independent. Indeed, the Conflicts of Interest Board of the City of New York advised her that her legal practice would not pose a conflict provided she recused herself from all matters before the commission that concern Bryan Cave, the law firm where she works.

A member of the New York City Landmarks Preservation Commission between 1978 and 1988, Anthony Tung, asked, “What is the necessity for such an encumbered appointment?”

Addressing concerns that she was named as a lobbyist for her law firm in its promotional materials, Ms. Perlmutter said, “As a matter of practice, many land use attorneys throughout the city are registered lobbyists and my firm has a policy of listing its entire team of land use attorneys in their lobbyist reports for each client.”

A Municipal Art Society attorney, Amanda Hiller, said that according to its study, Ms. Perlmutter’s record “falls within the mainstream of preservation values and practices.” Ms. Hiller said Ms. Perlmutter had the “training and experience and, by many reports, the personal qualities to make her an exemplary nominee.” Ms. Hiller expressed concern about the appearance of conflict of interest when a member of the Landmarks Commission appears before other agencies on land use matters, even though the city’s ethics laws do not bar it.

“I’m confused about your testimony,” one committee member said, inquiring if Ms. Hiller was speaking for or against the nominee. “Ambiguously,” Ms. Hiller replied.

The Rules Committee discussed the disproportionate preponderance of Manhattan members on the commission. Ms. Perlmutter resides in Manhattan.

At the end of the long hearing, committee sentiment was with Ms. Perlmutter. The speaker of the City Council, Christine Quinn, said, “You want people on the LPC who have knowledge of the matters before them. “In explaining her vote for Ms. Perlmutter, Council Member Melinda Katz said, “I am confident that the candidate will know when to go to the Conflicts of Interest Board.”

Ultimately, the City Council last week confirmed the nomination of Ms. Perlmutter by a vote of 39-10 following unanimous approval by the Rules Privileges and Elections Committee.


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