BUFFALO, N.Y. (WKBW) — A building at the center of an eminent domain battle in the City of Buffalo sustained an estimated $1.1 million in damage following a fire on June 18.
The fire started just before 8 p.m. at 110-118 South Park Avenue in Buffalo's Historic Cobblestone District.
Buffalo Fire Commissioner William Renaldo said the fire began on the first floor.
"We had to maintain our standoff distance. A couple of walls are compromised in that nature," Commissioner Renaldo said on Tuesday night.
Crews were able to put out the fire around 2 a.m. on June 19.
"We have an imminent hazard here, so the way we mitigate that right now, in a way to do the best we can to preserve, is by keeping people away from it,” said Cathy Amdur, commissioner, City of Buffalo Permit & Inspection Services during a press conference on June 19.
On June 25, it was announced that the city and Buffalo Fire Department requested that the ATF assist in investigating the fire, as it has been deemed "suspicious." The ATF will be on the scene in the next day or two.
The properties, which are some of the oldest in Buffalo, remain at the center of a legal dispute with the city seeking eminent domain from owner Darryl Carr.
In March 2023, the Buffalo Common Council approvedthe findings and determination statement supporting eminent domain for the properties. A release from the common council at the time said that "the public hearing and review process revealed that the properties had been neglected by their owners, leading to their current dilapidated state."
"It has been in and out of housing court cases for 15 years. This is a shame that we allow landlords to do this in the City of Buffalo," said Councilman Mitch Nowakowski. He spoke to reporters at the scene of the fire.
"We allow the delay of courts over a decade to allow this to happen because the city and when I became councilmember very swiftly taking these historic structures into eminent domain because of the failure over a landlord for over a decade," Nowakowski added.
Buffalo Mayor Byron Brown vowed that the fight will continue.
“This fire occurring at these structures does not change that the city will continue to pursue eminent domain to work to preserve and protect these important structures,” declared Mayor Brown.
At the scene of the fire, it was a blame game between Council Member Nowakowski and Carr. Nowakowski blamed Carr for failing to maintain the property. Carr said he had previous plans to demolish the building but his plans were stopped.
"I had my demolition experts all along that we were ready several times to take the buildings down and it always got stopped," Carr said.
Carr insists the structures need to come down.
"It's just push back after push back from the city and I want to reconstruct these buildings,” Carr stated the day after the fire.
According to a statement from Council Member Nowakowksi, on June 18, the day of the fire, Judge Sheila A. DiTullio overruled a Housing Court decision regarding the demolition of the property.
“I would like to first express my gratitude to the Honorable Sheila A. DiTullio for her judicious application of common sense and adherence to the law in this ruling. It is imperative that this matter be thoroughly investigated. The fire posed a significant threat to pedestrians, firefighters, and emergency personnel. The Housing Court’s authority was overruled, which prolonged the case and led to further deterioration of the structures in the Cobblestone historic district.It is also troubling that Judge DiTullio's ruling was issued on Tuesday, June 18, 2024, the same day as the devastating fires at 110-118 South Park. The coincidence of these events is gravely concerning and necessitates a comprehensive investigation to ensure the safety and preservation of our historic buildings.I would like to express my appreciation to the ATF for their collaboration in this matter. It has been brought to my attention that the ATF will be working with the Buffalo Fire Department in this investigation, leveraging their resources as an additional asset to conduct a comprehensive and detailed examination of the incidents at 110-118 South Park.I would like to once again thank Mayor Brown, the Buffalo Fire Department, and the Department of Permits & Inspections for their teamwork, leadership, and diligent efforts in stabilizing the area affected by the fire.”
Below you can watch a drone video from the scene as well as the aftermath
Carr has renderings of a massive skyscraper hanging on the buildings that he wants to build. But Buffalo preservationist Paul McDonnell tells me that's not possible in the cobblestone district.
"We see the rendering of a high-rise skyscraper, which is absolutely unfeasible in Buffalo, we fear there would just be a parking lot. That's what it wouldn't become a parking lot for him to make revenue on,” replied McDonnell, president, Campaign for Greater Buffalo History & retired City of Buffalo architect.
McDonnell has been fighting for the preservation of the cobblestone buildings for years.
“It's the only pre-Civil War building left on the waterfront, which is special in itself, and we are in a historic district Cobblestone District, so when you have so few buildings, the loss of this we'd be losing almost 50% of the buildings. We have been fighting for years. We had a lawsuit in 2011 to try to get the owner to maintain the building,” said McDonnell.
7 News asked Carr directly about rumors he wants to tear down the building for a parking lot.
"I hear that all the time and I don't know whoever said that, because I never said that's not my intention,” Carr responded. “I'm a scientist and engineer. I like to build things and analyze things. I don't want a parking lot. I have nothing to do with parking.”
7 News asked Mayor Brown about the court delays in making a decision that would have moved the situation forward years ago. He said it is very “frustrating."
“Long-time neglect of properties, properties that have been written up, properties that have gone to court, we would like to see the state legislature act to give the city additional authority, sole authority, to take control of properties like this, make sure that they're stabilized and get them into the hands of responsible developers,” noted Mayor Brown.
“We're very frustrated with housing court. We've been in housing court with Carr for years, and it doesn't seem like there's any type of sentence or any type of punishment imposed. A few years ago, maybe seven or eight years ago, the judge did make him do some very minor work, but that's the only thing he's done,” McDonnell described.
According to the city, 110 South Park Avenue was built in 1852 as a bakery and is one of the only pre-Civil War era buildings near the foot of Main Street. 118 South Park Avenue was built in 1869 as the Brown & McCutcheon Brass Foundry.
No injuries were reported. The cause of the fire is under investigation.
