HISTORIC PRESERVATION – 2013 SYLLABUS 970:521:47848 762:448:01:47840 COURSE SYLLABUS (Spring 2013) Room 261 CSB Thursday, 6:10 – 8:40 — Historic Preservation: History, Architecture Programs, and Policy RUTGERS UNIVERSITY Urban Planning and Policy Development David Listokin, Ph.D. Item Page 1. Historic Preservation: Background and Course Scope/ Learning Objectives 2 2. Course Organization; Class Topics, Readings, and Dates; and Course Requirements 3 3. Academic Integrity and Office Hours/ Communication 4 4. Table 1 – Class Sessions, Dates, and Topics 5 5. Table 2 – Class Readings by Class Number (see also Table 3) 6 6. Table 3 – Course Readings (Bibliographic Detail) (see also Table 2) 8 7. Selected Additional Readings 9 course number for Graduate Urban Planning and Policy Development (access Sakai on this number) course number for Undergraduate Planning and Public Policy LISTOKIN Professor 1 HISTORIC PRESERVATION – 2013 SYLLABUS COURSE SYLLABUS — Historic Preservation: History, Architecture, Programs, and Policy 1. HISTORIC PRESERVATION: BACKGROUND AND COURSE SCOPE The purview and scope of historic preservation has expanded significantly. Whereas it once focused on nationally significant places of history and architectural achievement, today a wide variety of resources deemed important to the nation, state, and local community—from archaeology to engineering—are being preserved. Historic preservation was once mainly a private activity; today, although the private emphasis remains, there are many public programs and regulations. The “numbers” of preservation reflect the expansion of the field. In 1970, there were about 2,500 listings on the federal National Register of Historic Places and roughly 200 local historic district commissions; as of 2011, National Register listings exceed 80,000, and there were more than 2,000 local historic commissions. Although many applaud historic preservation as a long overdue strategy essential for revitalizing urban areas and beyond, critics charge that preservation is too broadly applied and that preservation regulations are an unwarranted public intervention into, and taking of, property. Proponents and antagonists of preservation are working on legislative, legal, and other fronts to support their respective positions. There are also design considerations. How can design respect historical motifs while creating anew? LEARNING OBJECTIVES This introductory course overviews the theory and practice of historic preservation. At the conclusion of this course, the student will understand: (1) the background, context and history of the historic preservation movement in the United States; (2) appreciation and recognition of the major and changing styles of American architectural history; and (3) historic preservation theory, mechanisms, and policies, ranging from landmark designation to tax incentives; and (3) economic, social, and other impacts of preservation. LISTOKIN Professor 2 HISTORIC PRESERVATION – 2013 2. SYLLABUS COURSE ORGANIZATION The course objectives, organization, and requirements are discussed in class one. An overview and history of historic preservation is presented in class two. A student preservation field visit (not at Rutgers) comprises class three. (Students individually select a community; research its preservation history and relate that local history to the national experience; and secure photographs/images of architecturally “interesting” buildings.) A condensed overview of American architectural history is presented in classes four and five. (This will include reference to some of the student-secured photographs of buildings from the class three preservation field visit.) Federal and state preservation programs are considered in classes six through eight. There is a midterm in class nine covering the subjects covered in class two and classes four through eight. The midterm will consist of both short answers and essays. Local preservation programs and mechanisms are considered in class ten. Legal issues from the government preservation regulations are briefly reviewed in class eleven. Because of their significance, property and income tax incentives (e.g., historic preservation tax credits and property tax abatements) are reviewed separately in classes twelve and thirteen. Class fourteen considers the relationship between preservation, housing and economic development. A final exam, covering the materials from classes ten through fourteen is tentatively scheduled for May 9. The final will consist of both short answers and essays. One essay question on the final exam will be derived from our Sunday walking tours. There are a number of Sunday walking tours in both New Jersey (February 24 and March 10) and New York City (April 7). The walking tours are enjoyable outings, so do attend. CLASS TOPICS, READINGS, and DATES The date and subject matter of each class and associated readings are detailed in Tables 1 – 3 on pages 5 through 9. COURSE REQUIREMENTS The course requirements relate as follows with respect to the final grade: 1. Midterm (March 28— 45 points) 2. Final (May 9— 45 points) 3. Class Participation (10 points) While attendance will not formally affect the final grade, you need to attend classes to do well in the course. LISTOKIN Professor 3 HISTORIC PRESERVATION – 2013 3. SYLLABUS ACADEMIC INTEGRITY I expect the highest level of academic integrity. Please see me if you have any issues or questions in this regard (e.g., citation and attribution). Also review the University’s Academic Integrity Policy here: http://academicintegrity.rutgers.edu/integrity.shtml OFFICE HOURS/COMMUNICATION I will have office hours before class (and by appointment) in Room 487. My office phone is 848-932-2148; fax is 732-932-2363. My email address is listokin@rci.rutgers.edu. Feel free to contact me at any time on any matter. LISTOKIN Professor 4 HISTORIC PRESERVATION – 2013 SYLLABUS 4. Table 1 HISTORIC PRESERVATION: HISTORY, ARCHITECTURE PROGRAMS, AND POLICY — CLASS SESSIONS, DATES, AND TOPICS — Class Date Topic 1 January 24 Course overview 2 January 31 Historic Preservation Background: Definition, Scope, Basis, and History 3 February 7 Student Preservation Field Visit (not in-class at Rutgers) 4 February 14 American Architectural History – Overview (1) 5 February 21 American Architectural History – Overview (2) February 24 Sunday Preservation Walking Tour – East Jersey Olde Towne (Piscataway) 6 February 28 Historic Preservation Implementation: Federal Programs and Regulations 7 March 7 Historic Preservation Implementation: Federal Programs and Regulations (continued) March 10 Sunday Preservation Walking Tour – Newark March 14 Historic Preservation Implementation: State Programs and Regulations March 16-24 Rutgers Spring Break (no class) 9 March 28 Midterm 10 April 4 Historic Preservation Implementation: Local Programs and Regulations April 7 Sunday Preservation Walking Tour – New York City 11 April 11 Legal Preservation Issues 12 April 18 Historic Preservation Financing and Tax Incentives: Theory 13 April 25 Historic Preservation Financing and Tax Incentives: Practical Applications, and Introduction to Historic Preservation, Public Finance and the Property Tax 14 May 2 Historic Preservation: Housing, Economic Development, and Social Dimensions 8 May 9 (tentative) LISTOKIN Professor Final 5 HISTORIC PRESERVATION – 2013 SYLLABUS 5. Table 2 HISTORIC PRESERVATION: HISTORY, ARCHITECTURE PROGRAMS, AND POLICY — CLASS READINGS BY CLASS NUMBER (see Tables 1 and 3) — Class (see Table 1) Reading Number (see Table 3) 2 (Historic Preservation Basis and History) 1A 3 6a-6b 4 and 5 (American Architectural History) 6 and 7 (Federal Preservation Programs) 8 (State Preservation Programs) Page Preface - 34 1-10 all 1B 9-99 (required) (class 3) 1C 1-39 (optional) (class 3) 1B 100-267 (required) (class 4) 1C 40-95 (optional) (class 4) 1A 35-80 6c 5-27 6e 29-35 9 1-16 (omit state/local at 8-12) 10 For reference only 1A 81-116 2 45-70 6c 28-38 6e 35-38 14a For reference only (Continued on next page) LISTOKIN Professor 6 HISTORIC PRESERVATION – 2013 Class (see Table 1) 10 (Local Preservation Programs) SYLLABUS Reading Number (see Table 3) Page 1A 117-156; 313-352 6c 38-45 12 all 14b For reference only 11 (Legal Preservation Issues) 12 and 13 (Financing and Tax Incentives) 14 (Housing, Economic Development, and Social Issues) 9 17-44 11 all 11a all 1A 279-351 4 skim 6e Tax credits – 1-24; 38-43; Appendix Resource X-2, 10-16; Appendix Resource X-3, 17-27 (skim appendix) 6e Property Tax – 24-29; Appendix Resource X-4, 20-27 (skim appendix) 13 all (skim) 1A 353-493 3 10-38 5 all 6d all (skim) 6e Appendix Resource X-5, 28-81 (skim) 7 all (skim) 8 all (skim) 14c LISTOKIN Professor skim 7 HISTORIC PRESERVATION – 2013 SYLLABUS 6. Table 3 HISTORIC PRESERVATION: HISTORY, ARCHITECTURE PROGRAMS AND POLICY —COURSE READINGS — REQUIRED READINGS – PURCHASE (Available at Rutgers Bookstore*) *1A. Stipe, Robert E. 2003. A Richer Heritage. Chapel Hill: University of North Carolina Press. ISBN-10: 0807854514, ISBN-13: 978-0807854518 (Required) 1B. Handlin, David. 2004. American Architecture, 2nd ed. New York: Thames and Hudson. ISBN-10: 0500203733, ISBN-13: 978-0500203736 (Required) 1C. Poppeliers, John and Chambers, Allen. 2003. What Style is It?: A Guide to American Architecture. New York: Wiley. ISBN-10: 0471250368, ISBN-13: 0471260364 (Optional) REQUIRED READINGS – ON SAKAI ‘RESOURCES’ 2. Beaumont, Constance. 1996. Smart States, Better Communities : How State Governments can Help Citizens Preserve Their Communities. National Trust for Historic Preservation. 3. Conde, Sarah. 2007. “Striking a Match in the Historic District: Opposition to Historic Preservation and Responsive Community Building.” Georgetown University Law Center. 4. Government Accountability Office. 2012. Limited Information on the Use and Enforcement of Tax Effectiveness of Tax Expenditures Could be Mitigated by Congressional Action. 5. Listokin, David, Barbara Listokin and Michael Lahr. 1998. “The Contribution of Historic Preservation to Housing and Economic Development.” Housing Policy Debate 9(3), 43-478. 6. David Listokin (Rutgers) and Michael Tomlan (Cornell). Draft Preservation Chapters: a) Chapter 1 – “A Mirror Through Time” b) Chapter 2 – “A Different Way of Thinking” c) Chapter 3 – “The Regulatory Framework” d) Chapter 4 – “Historic and Economic Development” c) Chapter 5 – “Financing Historic Preservation” 7. Listokin, David, Michael Lahr, Charles Heydt and David Stanek. 2010. First Annual Report of the Economic Impact of the Federal Historic Tax Credit. 8. Mason, Randall. 2005. Economics and Historic Preservation. Brookings Institution Discussion Paper 9. Miller, Julia. 2004. A Layperson’s Guide to Historical Preservation Law. Washington D.C. National Trust for Historic Preservation. (Continued on next page) LISTOKIN Professor 8 HISTORIC PRESERVATION – 2013 SYLLABUS 10. National Park Service, Cultural Resources. 2006. Federal Historic Preservation Laws. The Official Compilation of U.S. Cultural Heritage Statues. 11. Penn Central Transportation Co. v. City of New York 438. U.S. 104 57 11a. Reap, James and Melvin Hill. 2005. “Law and the Historic Preservation Commission: What Every Member Needs to Know.” Cultural Resources Partnership Notes, National Park Service Heritage Preservation Services, Cultural Resources. 12. Roddewig, Richard 2000. Preparing a Historic Preservation Ordinance. Chicago, IL: American Planning Association, Planning Advisory Service, Report Number 374. 13. Schwartz, Harry. 2010. “State Tax Credits for Historic Preservation.” 14a. Appendix Compilation – New Jersey Preservation Resources . 14b. Appendix Compilation – New York City Preservation Resources. 14c. Preservation Critiques and Commentary 7. SELECTED ADDITIONAL READINGS Ballon, Hilary, and Kenneth Jackson. Robert Moses and the Modern City: The Transformation of New York. New York: W. W. Norton, 2007. Barthel, Diane. Historic Preservation. Rutgers UP, 1996. Brolin, Brent C. “Epilogue” in The Battle of St. Bart’s. New York: William Morrow and Company, Inc. 1988. pg 251-261. Caro, Robert. The Power Broker: Robert Moses and the Fall of New York. New York: Knopf, 1974. Cavillo, Daniel T. “From Penn Central to United Artists’ I and II: The Rise to Immunity of Preservation Designation from Successful Takings Challenges.” Boston College Environmental Affairs Law Review; Spring95, Vol. 22 Issue 3, p593, 30p. Costonis, John J. 1989. Icons and Aliens: Law Aesthetics, and Environmental Change. Chicago: Board of Trustees of the University of Illinois. Duerksen, Christopher J. A Handbook on Historic Preservation Law. Baltimore, MD: Conservation Foundation, 1983. 351-376. Duerksen, Christopher J. and Richard J. Roddewig. 1994. Takings Law in Plain English. Washington, DC: National Trust for Historic Preservation/Clarion Associates. LISTOKIN Professor 9 HISTORIC PRESERVATION – 2013 SYLLABUS Faller, Christine. “Economic Hardship and Historic Preservation of Non-Profits: Balancing Individual Burden with Community Benefit” Georgetown Law Center. 2008. Includes a few case studies including Penn, St. Bart's and a few others. http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1029&context=hpps_ papers Fishman, Robert. Robert Moses and the Modern City. New York: W.W. Norton, 2007. Fitch, James Marston. 1996. Historic Preservation: Curatorial Management of the Built World. Charlottesville, VA: University of Virginia. Flint, Anthony. Wrestling with Moses: How Jane Jacobs Took on New York’s Master Builder and Transformed the American City. New York: Random House, 2009. Foundation for San Francisco’s Architectural Heritage. “A Preservation strategy for downtown San Francisco.” National Trust. 1982. "Grand Central Terminal." New York Architecture Images. 10 May 2008 <http://www.nyc-architecture.com/MID/MID031.htm>. Hosmer, Charles B. 1965. Presence of the Past: A History of the Preservation Movement in the United States before Williamsburg. New York: Putnam’s Sons. Hershman, Mendes. “Critical Legal Issues in Historic Preservation” 12 Urb. Law. 19 (1980) http://heinonline.org/HOL/Page?handle=hein.journals/urban12&div=10&g_sent=1&colle ction=journals Jacobs, Jane. The Death and Life of Great American Cities. New York: Random House, 1961. Kayden, Jerold S. "Celebrating Penn Central." Planning Magazine. June 2003. Lang, Glenna, and Marjory Wunsch. Genius of Common Sense: Jane Jacobs and the Story of The Death and Life of Great American Cities. Boston: David R. Godine, 2009. Lang, Margaret V. “Penn Central Transportation Co. V. NYC: Fairness and Accommodation Show the Way Out of the Takings Corner” 13 Urb. Law. 89 (1981) http://heinonline.org/HOL/Page?handle=hein.journals/urban13&div=14&g_sent=1&colle ction=journals Lichfield N. (1988) Economics in Urban Conservation, Cambridge University Press. Listokin, David. 1997. Growth Management and Historic Preservation: Best Practices for Synthesis. The Urban Lawyer 29(2):199-213 LISTOKIN Professor 10 HISTORIC PRESERVATION – 2013 SYLLABUS Listokin, David, et. al,. 1982. Landmark Preservation and the Property Tax: Assessing Landmark Buildings for Real Taxation Purposes. New Brunswick, NJ: Center for Urban Policy Research and New York Landmarks Conservancy. Listokin D, Listokin B and Lahr M (1998) The Contributions of Historic Preservation to Housing and Economic Development, Housing Policy Debate, 9(3),431-478 Loflin, John J. et. al,. “Historic Preservation in the American City: A New York Case Study.” Law and Contemporary Problems, Vol. 36, No. 3, Historic Preservation (Summer, 1971), pp. 362-385 Marcus, Norman. “Grand Slam Grand Central Terminal Decision: A Euclid for Landmarks, Favorable Notice for TDR and a Resolution of the Regulatory/Taking Impasse.” 7 Ecology L.Q. 731 (1978-1979) http://heinonline.org/HOL/Page?handle=hein.journals/eclawq7&div=24&g_sent=1&coll ection=journals Mason R (2005) Economics and Historic Preservation a; A Guide and Review of the Literature, The Brookings Institution Metropolitan Policy Program, Discussion Paper. Miller, Julia H. A Layperson's Guide to Historic Preservation Law. Washington D.C.: National Trust, 2000. 22-27. Morris, Marya. Innovative Tools for Historic Preservation. Planning Advisory Service Report Number 438. Chicago: American Planning Association, 1992. Moy, Cindy. 1996. “Reformulating the New York City Landmarks Preservation Law’s Financial Hardship Provision: Preserving the Big Apple” https://litigationessentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cit e&docid=14+Cardozo+Arts+%26+Ent+LJ+447&srctype=smi&srcid=3B15&key=0e995 9213dd6118e6f07710a7e08660e Murtaugh, William J. 1997. Keeping Time. New York: McGraw Hill. New York City Charter, 3020. Governing the establishment and regulation of landmarks, landmark sites, interior landmarks, scenic landmarks and historic districts. [It is the last chapter in the document, Chapter 74, pg. 331-335]. http://www.nyc.gov/html/charter/downloads/pdf/citycharter2004.pdf The NYC Landmarks Preservation Commission Rules, 1998. Updated 2003. http://www.nyc.gov/html/lpc/downloads/pdf/pubs/rules.pdf New York City Landmarks Preservation Commission website. Maps - http://www.nyc.gov/html/lpc/html/maps/historic_district.shtml Publications Page - http://www.nyc.gov/html/lpc/html/forms/publications.shtml LISTOKIN Professor 11 HISTORIC PRESERVATION – 2013 SYLLABUS Includes the New York City Landmarks Book, various master plans for several historic districts New York City Independent Budget Office. “Impact of Historic Districts on Residential Property Value.” http://www.nylandmarks.org/maps/historic_properties_fund/ "New York Preservation Archive Project :: Archives - Grand Central Terminal." NYPAP New York Preservation Archive Project. Web. 08 Sept. 2009. <http://www.nypap.org/archives/110>. NYTimes Online. “Ask about Preserving New York’s Historic Districts.” Q&A with Simeon Bankoff, executive director of the Historic Districts Council. http://cityroom.blogs.nytimes.com/2009/03/23/ask-about-preserving-new-yorks-historicdistricts/ PENN CENTRAL TRANSP. CO. V. NEW YORK CITY. No. 438 U.S. 104. US Supreme Court. 26 June 1978. [Downloadable from WestLaw—follow this link http://www.libraries.rutgers.edu/cms/indexes/descriptions/westlaw and be sure to allow pop-ups for the Westlaw Site. You will not be able to download anything without doing so.] Pogrebin, Robin. “Looking at Landmarks.” NYTimes online. http://www.nytimes.com/interactive/2008/11/25/arts/2008_LANDMARK_FEATURE.ht ml Four part series on preservation-development in New York from the New York Times that ran in 2008. Includes interactive map. “Preservation Law." Eastern Michigan University. Web. 08 Sept. 2009. <http://www.emich.edu/public/geo/preservlaw.html>. “Robert Moses and the Modern City: Remaking the Metropolis.” The Museum of the City of New York Exhibition Materials. “Robert Moses and the Modern City: The Road to Recreation.” Queens Museum of Art Exhibition Materials. “Robert Moses and the Modern City: Slum Clearance and the Superblock Solution.” Columbia University’s Miriam and Ira D. Wallach Art Gallery Exhibition Materials. Robinson S and Peterman J.E. (1989) Fiscal Incentives for Historic Preservation, Government Finance Officers Association, Washington. Roddewig, Richard J. Preparing a Historic Preservation Ordinance. American Planning Association (February 1983) LISTOKIN Professor 12 HISTORIC PRESERVATION – 2013 SYLLABUS Rypkema D. (2005) The Economics of Historic Preservation: A Community Leaders Guide, National Trust for Historic Preservation, Washington DC, 2nd Ed. Schlichting, Kurt C. Grand Central Terminal: Railroads, Engineering, and Architecture in New York City. Baltimore: Johns Hopkins UP, 2001. Sheehy, John A. "Religious Landmark Preservation under the First and Fifth Amendments: St. Bartholomew’s Church v. City of New York." St. John's Law Review (1991): 553-76. Steinberg, Theodore. “Chapter 5 - Three-D Deeds: The Rise of Air Rights in New York [Penn Central and Beyond]” in Slide Mountain: Or, The Folly of Owning Nature. University of California Press. 1995. Stipe, Robert E., and Antoinette J. Lee. 1987. The American Mosaic: Preserving a Nation’s Heritage. International Council on Monuments and Sites. Preservation Press. Tyler, Norman. Historic Preservation An Introduction to Its History, Principles, and Practice. Boston: W. W. Norton & Company, 1999. Van Oers R. “Towards new international guidelines for the conservation of historic urban landscapes (HUL)s” City & Time 3 (3): 3. [online] URL: http://www.cecibr.org/novo/revista/docs2008/CT-2008-113.pdf Accessed January 22, 2010 White, Bradford J. and Richard J. Roddewig. (1994) Preparing a Historic Preservation Plan, American Planning Association, National Trust for Historic Preservation, Washington Wood, Anthony. 2008. Preserving New York: Winning the Right to Protect a City’s Landmarks. New York: Routledge. Online Resources: *Historic Preservation Law 101 for New York Lawyers (includes city, state, and national policies and law) Gives a solid context for what sorts of constraints New York City preservationists are contending with in terms of law. (Short and sweet.) http://www.nysba.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDi splay.cfm&CONTENTID=29928 Public Access Portal to the Laws of the City of New York Searchable index for the Laws of NY. http://24.97.137.100/nyc/ LISTOKIN Professor 13 HISTORIC PRESERVATION – 2013 SYLLABUS World Heritage Cities This site has links to all of the international charters involving preservation. http://www.ovpm.org/index.php?module=pagesetter&func=viewpub&tid=1&pid=30&m m=1038 Housing Policy Debate, Special Issue 9(3), 1998 http://www.mi.vt.edu/web/page/794/sectionid/580/pagelevel/2/parentid/580/interi orHPD.asp Advisory Council on Historic Preservation http://www.achp.gov/economic-general.html National Trust for Historic Preservation http://www.preservationnation.org/ ICOMOS http://www.international.icomos.org/home.htm UNESCO – World Heritage Sites http://whc.unesco.org/en/list Case Study on Bethesda Terrace and Arcade Restoration in Central Park Small case study from a preservation firm’s portfolio http://www.spsrepair.com/Case%20Study/tabid/530/contentid/591/Default.aspx Greenwich Village Society for Historic Preservation homepage Extremely useful site with interactive maps, lists of current, proposed and past projects. http://www.gvshp.org/_gvshp/index.htm Friends of Moynihan Station – website with history, description, and archived articles. http://www.moynihanstation.org/newsite/ Times article on the proposed Moynihan Station http://www.nytimes.com/2007/11/02/opinion/02fri3.html?ex=1351742400&en=903e6b3 60a7b952e&ei=5124&partner=permalink&exprod=permalink Various Cases: All of these cases should be downloadable from WestLaw—follow this link http://www.libraries.rutgers.edu/cms/indexes/descriptions/westlaw and be sure to allow pop-ups for the Westlaw Site. You will not be able to download anything without doing so. Manhattan Club v. Landmarks Preservation Commission of the City of New York, 51 Misc. 2d 556, 559- 560 (1966) Penn Central Transp. Co. v. City of New York, 438 U.S. 104, 114 (1978) LISTOKIN Professor 14 HISTORIC PRESERVATION – 2013 SYLLABUS Lutheran Church in America v. City of New York, 35 N.Y.2d 121 (1974) Church of St. Paul and St. Andrew v. Kent L. Barwick, et al, Landmarks Preservation Commission, 67 N.Y.2d 510 (1986) Shubert Organization, Inc. v. Landmarks Preservation Com'n of the City of New York, N.Y.A.D. 1 Dep't., 1991 St. Bart’s v. New York: Article from 1990 after case was decided. http://www.nytimes.com/1990/09/13/nyregion/church-s-landmark-status-isupheld.html?scp=9&sq=%22st.+bartholomew%27s+church%22&st=nyt Judge Rules in Lawsuit on Building of Tower http://www.nytimes.com/1987/07/11/nyregion/judge-rules-in-lawsuit-on-building-oftower.html?scp=7&sq=%22st.+bartholomew%27s+church%22&st=nyt Court Backs St. Bart's in Tower Legal Battle - April 29, 1987 http://www.nytimes.com/1987/04/29/nyregion/court-backs-st-bart-s-in-tower-legalbattle.html?scp=8&sq=%22st.+bartholomew%27s+church%22&st=nyt LISTOKIN Professor 15