The Brodsky Organization appeared before the Landmarks Preservation Commission today to amend its certificate of appropriateness for a 18-story, mid-block, residential condominium building well into construction at 4 West 21st Street.

The amendment was to present some minor modifications to the top of the building that is slightly visible from Fifth Avenue for about 60 feet north of 21st Street. The developer had previously indicated to the commission that it would not be visible.

Dan Brodsky of The Brodsky Organization declared that he was "embarrassed" and both he and Hugh Hardy, the project?s lead architect, shown above with a rendering of the building at the left, apologized for what Mr. Hardy described as "a genuine oversight." Mr. Hardy described Mr. Brodsky as an "extraordinary developer," noting that the design of the project's "cage"-like fa?ade "stole space from the interior."

Paul Selver of the law firm of Kramer Levin said that the developer will remove a small parapet and chamfer the top of a bulkhead to reduce the visibility in question by 15 to 20 percent. The portion that is visible is the top of a four-story setback containing "penthouse" units. Mr. Hardy also said that when a cornice is installed, the two-floors that are now visible will be considerably reduced in visibility from Fifth Avenue.

A spokesperson for the Historic Districts Council testified that it was "distressed" to testify again on the matter of the project?s visibility from Fifth Avenue, adding that "We are very concerned that if this Certificate of Appropriateness were amended, it would not send the right message to developers of new buildings in this district. Applicants must be forced to conduct the most attentive studies of visibility, so that the Commission can adequately assess the impact of this visibility on historic districts prior to beginning construction. We trust that the commission will ensure that changes are made to this design so that it is minimally visible or invisible, even if this requires that a portion of the existing structure be removed and redesigned."

Jack Taylor of the Drive to Protect the Ladies Mile District told the commission that the developer "should now be directed to redesign the rooftop by setting back its north-facing frontage or removing the top floor (or floors) altogether. Drastic though it sounds, the required demolition of inappropriate and unauthorized new construction is by no means unheard of."

Leonard Weinglass, a resident of 16 West 20th Street said suggested the developer should be required to "take down the top two floors."

Commissioner Thomas F. Pike said that he was against "

a punitive approach" and was "very positive about the design" and Commission Chairman Robert Tierney said that "it is still a great design," adding that some "surgical intervention" might be needed to remedy the problem.

The commission held off making a decision so that it could see a mock-up with the cornice.

The 56-unit building has been designed by Hugh Hardy of H3 Hugh Hardy Collaboration Architecture LLC. The building will have an interesting main fa?ade of flush and indented windows that make alternating two-story-story-high window rectangles. This fenestration pattern overlaps a three-story-high fa?ade grid creating a rich rhythm and visual modulation.

Apartments will range in size from 1,073 to 1,674 square feet and include 5 one-bedroom units, 37 two-bedroom units, 4 two-bedroom units with terraces, five three-bedroom units and two penthouses. Prices range from about $1,300,000 to about $3,000,000

Apartment layouts feature flexibility through the use of sliding pocket doors.

The building will have a garage with space for more than 100 cars.