Buffalo, N.Y. (WBEN) - Back in September, the City of Buffalo began the process of invoking eminent domain to save a pair of Cobblestone District properties at 110 and 118 South Park Avenue from further neglect and disrepair.
After a 90-day period passed, the city made the next move with the eminent domain process, which was hosting a public hearing with the Buffalo Common Council. The purpose of the hearing was to provide input on the impact of acquiring both properties via eminent domain.
The city says the owners of the properties, Darryl Carr and Park Avenue Estates LLC, have failed to properly maintain both buildings on South Park Avenue, in spite of more than a decade-long effort of the Department of Permit and Inspection Services and others. Carr has owned both properties in the historic Cobblestone District since 2009.
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"At 110 and 118 South Park, there's numerous violations," said the City of Buffalo's Commissioner of Permit and Inspection, Cathy Amdur. "There's evidence of trespassing, they're noticeably vacant. There's loose bricks everywhere, deteriorated masonry, cracked cornices, broken windows and doors, missing windows, graffiti, partial collapses of the building, chipping and peeling paint, and frequently the area's covered in trash and debris. These violations, and the general lack of maintenance lead to water infiltration, and that is critical because that's what deteriorates buildings, especially in these historic masonry structures. It's water infiltration that causes them to crumble. And that deterioration is happening at an alarming rate. All of these violations are preventable."
Amdur also adds at this point, the city has run out of enforcement techniques and mechanisms to further convince Carr to tend to the current condition of the building, and that the blighted conditions are worsening.
"It is easy to see the lack of maintenance, and the decay and disrepair that are evident, and like I said, it's accelerating at an exponential rate," Amdur said.
The deterioration of the properties constitutes a health, welfare, and safety hazard for citizens of the City of Buffalo, the neighboring businesses, as well as visitors looking to take advantage of the entertainment within the Cobblestone District. The city says it seeks to take the proactive step to protect the public, eliminate the blight, preserve the historical integrity, and enhance the potential for economic development of the Cobblestone District.
"I ask that you trust my dedication, my scrutiny and resolve to this long-standing blight on the Cobblestone District that I represent. I strongly convey that this course of action is exceptionally rare, being utilized only in unique circumstances. This is purely a case of demolition by neglect," said Buffalo Common Councilman Mitch Nowakowski. "His testimony, Mr. Carr's, is a farce. It's a charade that has been played out in the courts for over a decade. Quite frankly, I'm sick and tired of it."
Carr was in attendance for Tuesday's public hearing to state his case and explain his intentions with the properties if he is able to win his case. He claims the city is well-aware of his involvement in the historic Cobblestone District and his ongoing efforts and commitment to continue the development of the properties. However, he says the city's intentions to acquire the properties and transfer them to an unidentified competing developer is "as outrageous as it is ironic."
"Contrary to some representations from the city's officials and representatives, I have, in fact, taken a number of steps to try to rehabilitate and stabilize these buildings, including constructing new roofs and other structural repairs," said Carr during his opening statement. "The expert who inspected the property in both 2010 and 2021 noted these repairs. He also found that while these repairs had allowed the buildings to temporarily outlive their useful lives, they cannot be effectively rehabilitated and must be demolished. While I've tried to do this and proceed with development of the Unity Tower Project, the city has delayed the project by continuing to oppose my request for order of demolition. The city now seeks to take my properties, and hand them to an unknown competing developer for unspecified development."
According to historical archives, 110 South Park Avenue was built in 1852 as a bakery, and is one of the few pre-Civil War era buildings near the foot of Main Street. Meanwhile, 118 South Park Avenue was built in 1869 as the Brown and McCutcheon Brass Foundry.
During the hearing, one of Carr's representatives claimed the property of discussion is not historic, saying the buildings have no historic relevance despite it being in a recognized historic district. Councilman Nowakowski strongly disagreed with that claim, siting the past history and significance of those buildings to history.
"I know they will have a future to be re-developed and re-adapted and go back to be contributing structures to the Cobblestone Historic District. But Mr. Carr, the owner, has refused to maintain these buildings, let alone develop them for well over a decade," Nowakowski said. "He is in attendance at the public hearing today, and I'm still astonished by his utter lack of self-awareness of being an unscrupulous slumlord. Disrespecting all of us here in this chamber, in the City of Buffalo, and the neighbors of the Cobblestone Historic District."
In addition, Nowakowski points out that unlike many of the surrounding establishments - restaurants, nightclubs, office spaces - Carr has been a negligent landlord, not taking the time to properly invest in the two properties outside of his other business, Cobblestone Bar and Grill.
"These surrounding establishments strongly desire, as do I, that Mr. Carr be held accountable. But more importantly that these structures return to contributing, adaptive re-uses, respectful of the historical integrity they were built with. It is understood that every brick cannot be saved, but a significant portion of these buildings can be. The residents of the Fillmore District deserve better, and of the City of Buffalo."
When it came to the hearing, an overwhelming amount of support showed up for the City of Buffalo to take the two properties in the Cobblestone District via eminent domain.
"I have been very verse and a witness to the lack of care for the entire buildings that Mr. Carr owns, and it's very unfortunate that he's let it get to this point," said Josh Holtzman, owner of Buffalo Iron Works located on Illinois Street. "I can't tell you how many times we explain to our patrons, our guests, our touring musicians, our staff, what is going on or why nothing is happening with those buildings. It's very disheartening to see that this has gone on so long, and I really urge the city, the Common Council and everybody involved to not fall for the smoke and mirrors that Mr. Carr has been preaching these past 10-plus years.
"The district itself is constantly growing, and it's poised to be the entertainment district of Buffalo, which means that when tourists are coming to town, this is the first area they see and this is how they judge our city. I think if there's one thing that we're proud of in Buffalo, it's our city, and it's how we represent ourselves. I personally do not think that the way that these buildings are being handled and how they look reflects a true Buffalo, and what Buffalonians are all about."
Other local property owners and managers stepped up to the microphone in the Common Council chambers on Tuesday to show support of the city's efforts to take back both properties and the years of neglect. This included Sam Saravino, who helped develop properties like the Cobblestone Lofts and Helium Comedy Club.
"While I have sympathy for Mr. Carr, I have to say I've watched this odyssey in court for the past 10 years," said Saravino. "For him to come in here and claim that the buildings are beyond redemption, we don't think that that's the case, but to the extent that they are is because of his poor stewardship of those buildings. And to come in here and claim that he has a development that he wants to put in there that only can move forward after the demolition of buildings in there, for which he's shown no ability or proof to finance and done nothing too advance, it's strange credulity and also insults our intelligence. We fully support the city's action to find another owner for this property."
In addition, a number of preservationists made an appearance to back not only the historical importance of the buildings, but also the ability to still utilize these buildings and re-use them as part of the economic development of the Cobblestone District.
"We recognize that in the history of Buffalo and urban renewal days and building of urban highways, eminent domain was most often used to destroy buildings. This is a case where eminent domain can be used, should be used, must be used to save, preserve and restore a building. It is a very important building," said Tim Tielman, Executive Director of the Campaign for Greater Buffalo.
"The buildings can be restored, they are designated historic landmarks, and this would be a wonderful signal to the citizens of Buffalo that historic preservation is economic development. So we urge the city to take quick action, and commence at once with eminent domain on these buildings."
And while fellow members of the Buffalo Common Council are general not in favor of invoking eminent domain to take over properties from its owners, in this case, councilmembers are siding with Councilman Nowakowski in the efforts to save the properties from further disrepair.
"I believe that somebody should be held accountable. I am not a proponent of eminent domain unless you really need to do it. In this case, based on the information I have here, I believe they should use eminent domain," said Councilman David Rivera. "If somebody else wants to develop this property and you don't feel it's worthy of being restored, then let them do it. Sell it to them. Do something. If you don't feel it's stable enough or it doesn't have the integrity to make, well, step aside and let somebody else do it. We've seen it throughout the City of Buffalo. We've seen adaptive re-use in different parts of the city."
"It seems as though our time is being wasted right now, because we have someone who was, I thought, bringing something in earnest that wanted to do something. But from what the commissioner says, you come and meet and then you don't pay the fee, and then you have another conversation decades later, that's not responsible and that's not trying to get something done. That's trying to put something off," added Councilman Rasheed Wyatt, speaking to Carr. "It seems like everybody that's here was willing to help you, but it seems again, it seems you're fixated on the city taking your property and giving it to someone else. I hope that's not the case, but I hope there's someone responsible that's going to do something with that property to continue to enhance the Cobblestone District, to enhance downtown. Because that's what this is about. How do we continue to develop the downtown area for housing, development, even affordable housing? Those are all opportunities."
The submission process for written testimony with regards to eminent domain will remain open through business hours of next Tuesday, Jan. 17.