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Matter of Hilbertz v. City of New York

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AMENDED DECISION and ORDER   This CPLR Article 78 proceeding seeks to annul the Certificate of Appropriateness (“COA”) granted by respondent New York City Landmarks Preservation Commission (“LPC”) to respondent Institute for Community Living and its related corporate entities (“ICL”)1 that would permit construction of a new L shaped building around a free standing gothic mansion — the Dean Sage Mansion (“Mansion”). The Mansion is located at 839 St Marks Ave. in the Crown Heights North Historic District (“CHNHD” or “District’). Petitioners challenge the granting of a COA2 on the grounds that LPC ignored the adverse impact that the new L shaped building will have upon the mansion and its accompanying garden because it would obliterate the free standing nature of the mansion and cut the parterre garden by two thirds. They allege that the mansion is “one of the most unique, oldest and important 19th century free standing mansions remaining in the District,” and that its adjacent parterre garden is the last remaining original design formal garden within the historic district. (Amended Petition,

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