City October 11, 2011 5:30 PM

Judge to Blacksmith Shop Owner Carr: Fix or Go to Jail

Judge to Blacksmith Shop Owner Carr: Fix or Go to Jail

Housing Court Judge Patrick Carney today told an attorney representing the owner of the blacksmith shop at 118 South Park Avenue that the building must be fixed in two weeks or the owner, Darryl Carr, will be jailed.  Carr, who unsuccessfully tried to get the 19th-Century building demolished earlier this year, will now be hard-pressed to complete the necessary repairs on the property to bring the property up to code.  An unhappy Judge Carney suggested to attorney James Milbrand that he have Carr "bring a toothbrush and some clean underwear" to the next scheduled court date in two weeks.

Carr had been ordered by the court to stabilize the building and correct code violations.   Minor work has been done to the property in recent weeks including the boarding of several windows.  It was not enough to please the court as adjacent property owners and City Inspector  Michael Muscarella testified that conditions have only gotten worse.  Many fear the building may not last the winter unless corrective actions are not taken either by Carr or by the City.

Among the violations at the property are additional open and broken windows, significantly degraded and missing brick causing water damage, a deteriorated roof, and a rat/rodent problem.   Carr's other buildings along Illinois Street are also in disrepair including missing foundation stones, a partial collapse of one of the walls , damaged roofs, water damaged bricks and open/broken windows.

Carr, owner of Cobblestone Bar that is adjacent to the properties at South Park and Mississippi Street, is said to have reuse plans for the property.  Most say his only goal is additional parking.  At least two capable developers have tried to purchase and redevelop the buildings without success.  The Buffalo Sabres organization is also said to have inquired about the availability of the building. 

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Good!

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Great. And, Paladino???

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Yeah, the description is eerily familiar, isn't it?

replied to Travelrrr
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you read my mind!

replied to Travelrrr
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Very Good!

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The Sabres should... put up a multi-story ramp on the Illinois/Baltimore lot allowing the other lots to be developed. They can take the Blacksmith buidling off of Carr hands at a reduced cost and in return provide him with X number of spots in the ramp. It's a win win for both parties. The blacksmith building could be developed into high end living for players and out-of-town guests of the team.

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..I meant the Mississippi/Baltimore lot.. sorry

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Good! Finally a Judge with balls!

Score: 13 ( 15 votes ) Vote up Vote down Report this comment

one of the few buildings left in the area. It should be a beautiful jewel in the canalside necklace. Hopefully it will end up being that. 2 weeks from today is very close to November and not much time to shore things up for winter.

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Great news, now we need a developer to step up and buy Carr out and finally bring this historic corner/block back from the brink. It's a shame this was not the case with the buildings on Michigan.

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There has been interest, but either he wasn't selling or the offers were 'too low'.

replied to derby98
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Can the same be told to PALADINO??? Or is this a who you know sort of deal (or don't know)?

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certainly sounds like it

replied to Lego1981
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The judge is showing muscle because he knows he has backers. Backroom negotiations here, nothing wrong with that, as the end result will better the district. You take a stand when you have leverage.

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This property has such amazing potential. It almost makes bad business sense to let it sit. If I was Carr I would drop everything I have into this building and the surrounding buildings, so I could rehab them and market them to young professionals. This place is a gold mine in the waiting.

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I'm surprised it took the city that long to get Carr into court. Hopefully this will put the pressure on Carr to unload the place, since he seems like he doesn't have the will or the means to try to save this building.

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Well this should be precedent setting. This ruling should then apply across the board to everyone with similar code violations. Will it?

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PEOPLE, THIS MAN OWNS THE BUILDING AND THE PROPERTY ! HE SHOULD BE ABLE TO DO WHAT HE WANTS WITH IT ! THIS IS AMERICA !HOW CAN A MUNICIPALITY TELL HIM WHAT TO DO TO HIS OWN PROPERTY ?IF THEY ARE GOING TO TELL HIM WHAT TO DO WITH HIS OWN LAND THEN THEY NEED TO GIVE HIM THE LOOT TO DO WHAT THEY WANT !!!THIS IS UNJUST!I OWN AN OLD 1913 N.Y. TELEPHONE CO. BUILDING IN THE GHETTO,IF I WANT TO TEAR IT DOWN IT SHOULD BE MY RIGHT !THIS IS A BUNCH OF BULL CRAP !IF ALL YOU PRESERVATIONALISTS ARE AGAINST THIS, THEN POOL YOUR MONEY UP AND BUY IT ! IF HE WANTS MORE THAN YOU WANT TO SPEND ,THE YOUR S.O.L.SO IN REALLITY I DONT REALLY OWN MY BUILDING, IM JUST PAYING RENT {TAXES} AND MAINTAINING SOMETHING I REALLY DONT OWN !CAUSE IF YOU DONT PAY YOUR TAXES, WATER BILL , GARBAGE FEE ETC.. THEY WILL TAKE IT FROME YOU !!!NOUGH SAID

Score: -46 ( 66 votes ) Vote up Vote down Report this comment

You're right, this is America. The power of the government to regulate private property, including forbidding a property owner to demolish their building based on its historic significance, is settled law.

http://en.wikipedia.org/wiki/Penn_Central_Transportation_Co._v._New_York_City

replied to warehousedweller
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YOU ARE THE REASON WHY OUR CITIES LOOK LIKE COMPLETE SHIT!!!

replied to warehousedweller
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Yes, it is his property and he should be able to do what he wants. Carr applied for a demo permit and was denied. A judge orders code violations be fix or be fined and go to jail. Whats the issue? He is breaking the law by not addressing the violations. All the additional attention is because his buildings happen to be a valuable part of Buffalo's history and if possible should be restored and reused.
Those same code prevent me from temporarily living in a pole barn while my house is being built because of the lack of a septic system, yet I can pitch a tent on that same land I own and s__t in the woods.
Yes, this is America, it's far from perfect but I highly doubt you will find better anywhere else.

replied to warehousedweller
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MR. CARR FIGHT FOR YOUR RIGHTS AS AN AMERICAN CITIZEN. YOU HAVE THE RIGHT TO DO WHAT YOU WANT WITH YOUR OWN LAND DAMN IT !!!THIS IS A BUNCH OF BULL CRAP!!!WHAT IS THIS CHINA ?BULL CRAP

Score: -42 ( 52 votes ) Vote up Vote down Report this comment

Apparently you can not read. This guy knowingly bought a building in a national historic preservation district that has certain laws in place to protect historic structures for this very reason. No one forced him to invest money here, he could have bought your building instead in a non-historic district.

Although I would be disheartened if you tore yours down, it would be within your rights as you are not governed by the same laws that Mr. Carr is, and that's is the MAJOR difference here.

Perhaps he got in over his head, but apparently he had opportunity to sell it more than once. If he wants to go against the law he will pay the price ultimately.

The beauty of America is that some law makers were smart enough to realize that there is significance in preserving our built environment and created laws to protect it from unnecessary destruction. If Carr did not want the hassle of adhering to these particular laws he should not have bought these particular buildings in the first place.

replied to warehousedweller
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It's not in a National Register Historic District. It's in a Local Preservation District, which actually has more teeth than NR status. More: http://www.buffaloah.com/a/landmks/cob.html.

replied to brownteeth
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My mistake, thanks for the info!

replied to MEG
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ONE LAST THING MR. CARR. DO YOU HAVE THE ORIGINAL SIGNS FROM THAT BLACKSMITH SHOP ?I WOULD LIKE TO BUY THEM FROM YOU AS I HAVE A BLACKSMITH SHOP MYSELF. WOULD YOU BE WILLING TO SELL THEM? CONTACT ME AT [Deleted- Solicitation]

Score: -33 ( 37 votes ) Vote up Vote down Report this comment

You want the signage? So, preservation is important to you when it's something you want?

replied to warehousedweller
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Another prime example why this region is so incredibly unfriendly to investors. Every building cannot be saved. All of you armchair investors need to deal with this fact of life. This individual's freedoms are being threatened because he doesn't want to further invest HIS MONEY into a property which he would like to demolish.

Imagine you owned a 20 year old car which has fallen into disrepair and you no longer desired to invest additional money for required repairs. Further imagine that you had to petition the DMV for permission to get rid of your car. Following the course of this story, now imagine the DMV denies your petition to scrap your car and threatens jail if you do not invest more of your money into your antiquated auto.

This is the state's encroachment into private investment decisions, which is in direct conflict with the free market economy of this country. A reader's inability to recognize this as a basic fact of this case (as presented in this article)highlights thier ignorance of reality or thinly disguised stupidity.

As I have followed this blog for years, I'm sure that there will be a corresponding volley of illogical/thought-less points in response to this post...

Score: -18 ( 26 votes ) Vote up Vote down Report this comment

Imagine that before you bought the car the DMV had already told you that it would very difficult or impossible for you to scrap it after you ran it into the ground.

Carr bought this property knowing (or with every reason to know) that it was in a Preservation District.

replied to Voice_of_Reason
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Another prime example why this region is so incredibly unfriendly to investors. Every building cannot be saved.

Who has tried to save every building?

This individual's freedoms are being threatened because he doesn't want to further invest HIS MONEY into a property which he would like to demolish.

Sell the property.

Imagine you owned a 20 year old car which has fallen into disrepair and you no longer desired to invest additional money for required repairs.

Sell the car.

Further imagine that you had to petition the DMV for permission to get rid of your car. Following the course of this story, now imagine the DMV denies your petition to scrap your car and threatens jail if you do not invest more of your money into your antiquated auto.

So, instead of selling the car, you think it's more prudent to scrap the car?

As I have followed this blog for years, I'm sure that there will be a corresponding volley of illogical/thought-less points in response to this post...

We'll follow your lead.

replied to Voice_of_Reason
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And by your logic should I be allowed to drive that car 90 mph? I mean it's "my car" so why should I abide by speed limits right? Or Should I be allowed to crash it into a wall? Once again, it's "my car" and I should be allowed to do what I want with it regardless of how it affects the community and people around me.

replied to Voice_of_Reason
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Sounds like warehousedweller is either CARR or is very close to him....hmmmm????

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HERE AGAIN.CITY OF BUFFALO PROPERTY OWNERS, YOU REALLY DONT OWN THE PROPERTY. YOU JUST RENT IT AND MAINTAIN IT , BECAUSE IF YOU DONT PAY THE PROPERTY TAXES OR THE GABAGE TAX OR THE WATER BILL , THEY WILL TAKE IT FROME YOU ! THIS AINT RIGHT !!!!

Score: -30 ( 36 votes ) Vote up Vote down Report this comment

Well, if there weren't penalties for not paying your bills/taxes, why would anyone pay them then? There are laws in place that require an owner to keep their property up to a certain standard in the name of public safety, and that is what Carr is getting threatened by here. That's true here as it is anywhere. The issue about him unsuccessfully petitioning to demolish his property is more complicated, but if he did his due diligence before he bought it he'd have to have known that it would not be as easy to tear down as a lot of other buildings in the city.

replied to warehousedweller
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If you can't afford it, SELL IT!

replied to warehousedweller
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WHEN WIL WE BE FREE ????

Score: -28 ( 34 votes ) Vote up Vote down Report this comment

Thank God you used Caps Lock, otherwise I wouldn't have known you were serious.

replied to warehousedweller
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Well, if you feel so strongly, why don't you stage a public protest? If you're concerned about losing your freedoms, that's the least you could do. Engage your community instead of your caps lock keys.

replied to warehousedweller
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When you take us off CAP LOCK.

replied to warehousedweller
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It really is an awesome building/location.

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Eminent domain!

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That entire block of historic buildings need to have the same horsewhip applied to their present owners. That entire section is tailor-made for conversion into a bar-restaurant/shop area similar to Toronto's distillery district.

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Great Point Rum Runner. Another example is Armory Square in Syracuse. Armory Square was once a decrepit warehouse/manufacturing area and it has turned into a local destination with mixed-use (especially great restaurants & bars). Linking Cobblestone District with FN Arena and Canal District would provide complementary benefits for all involved. Improving pedestrian transportation between the three locations would also be beneficial. "Hey let's walk alongside the naval ships, go into the museum, stroll canal side, walk over to get something to eat in Cobblestone District and go to the game. Oh and take the subway home." That seems like a great afternoon, night.

replied to RumRunner
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"Oh and take the subway home."

Yup that works, if you live anywhere on Main St.

replied to dmrogerz
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I live a few blocks west of Main at the end of Chippewa so it works for me! Especially on rainy wet nights after a Sabres game.

replied to KangDangaLang
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Interesting collection of buildings that I would love to have the opportunity to perform a building inspection as I am always somewhat suspect of “imminent collapse” but the article does cite that one wall has already collapsed (?).

These may not be up to date photographs as I would have appreciated a photo of the damage inserted into the article (moot point).

Regardless, I tend to believe that any building that has survived over 100-years with little to no maintenance will, in most likelihood, survive long enough for renovation.

The owner’s right to demolish is a tricky and legal discussion beyond my construction mentality but I would tend to think preservation is a key to this areas (eventual) success. Therefore, the owner should consider some cinderblock big box monstrosity to demolish instead.

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