City September 4, 2012 4:40 PM

Wrecking Buffalo: Bernstone's Cigar Store at 273 Main Street

Wrecking Buffalo:  Bernstone’s Cigar Store at 273 Main Street

Downtown is about to gain about six new parking spots.  The Toronto-based owner of the Bernstone's Cigar Store building at Main and Swan is pushing for an emergency demolition of the building.  A fence has been placed around the building and a wrecker is on site ready to take taking action.  The property is located in the Joseph Ellicott Historic District.  Late today crews were bringing in portable lights (Update: demo is underway).  You better hurry if you want a last look.

The building and surface lot surrounding it are owned by Forty Fifth Street Holdings (NY) Inc., a corporation affiliated with Citicom, a parking and development firm based in Toronto.  Citicom developed Key Center, owns the surface parking lot behind the Hyatt at Pearl and Huron and in the late-1980's proposed a high rise for the Main/Swan site. 

According to executive director of the Campaign for Greater Buffalo and Preservation Board member Tim Tielman, the Board has not been notified of the pending demolition as required by law.  More outrageous, James Comerford, Commissioner, Department of Permit & Inspection Services, refused to speak with Tielman earlier today telling an underling that Tielman should file legal action if he wants to talk.   So much for respecting a member of a public board.

According to documents filed with the City, the building with cast-iron façade work is in "eminent danger" of collapse due to roof damage.  Allpro Parking was copied on correspondence to the City.  Apparently there's time for engineering reports and letters to the City but not the Preservation Board.  The one-story building at one time had multiple floors (built in the 1850s and design by Calvin Otis, architect of the NYS Arsenal buried in the Broadway Auditorium, now the City garage) but received a 'haircut.'

The 3,200 sq.ft. building has been vacant since Bernstone's closed in March 2000.  Twelve years of vacancy and no upkeep and now we're at the "emergency stage."  Every emergency demo order signed by Comerford is an admission of failure by his office.  No?  So it goes at City Hall.

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Any word on any development that could replace this parking lot?

Score: 8 ( 12 votes ) Vote up Vote down Report this comment

im sure this was once a great building but its a shadow of its former self. save the cast iron work if possible and lets hope something goes up to fill this site

Score: 9 ( 17 votes ) Vote up Vote down Report this comment


A couple of thoughts..


Outside of the cast-iron façade there is nothing special about this 1 story building. Now I understand people want to save stuff but I really do not see the problem with a 1 story building that has been empty for 12 years.

This building is also in the NW corner of a pretty large parking lot. I know everyone here likes to talk about Buffalo 'turning the corner' so is it safe to assume that maybe there are plans for the full lot? After all, it would be kinda silly to build around a building like this don't ya think.

I understand Chris / WCP is not a professional journalist, although he does a better job of covering development compared to any of the paid guys in Buffalo...but did anyone try and reach out to Forty Fifth Street Holdings?

Again, if Buffalo has turned the corner as so many suggest, maybe Forty Fifth Street Holdings has big plans for the lot?

Maybe First Niagara wants to build a tower? Maybe M&T wants to build a 2nd / Newer tower to go with their newfound elite status? Maybe someone finally has the brass balls to develop a new residential tower of condos from the ground up downtown?

If any of these or something similar are possible...are you still going to suggest this is wrecking Buffalo?

Score: 28 ( 40 votes ) Vote up Vote down Report this comment

I agree- this is a prime development site. Ciminelli recently pitched the site to Phillips Lytle. A one-story building isn't the highest and best use- perhaps it could be incorporated into a new build. My problem is with the emergency demo in a preservation district no less. The City is 'rewarding' a neglectful owner and ignoring its own laws. It's been going on for so long there's a term for it: Demo by Neglect. When will the shenanigans end?

And no, I didn't have time to reach out to Citicom. By the time I'd get a response, if ever, the rubble would be long gone. This demo might be over by tomorrow.

replied to longgone
Score: 20 ( 26 votes ) Vote up Vote down Report this comment

Exactly. These owners act like building neglect is inflicted upon them rather than occurring by their own choice or business plan. of course a building will remain vacant if it is kept in a state that is unusable.

replied to WCPerspective
Score: 12 ( 30 votes ) Vote up Vote down Report this comment

-----The City is 'rewarding' a neglectful owner and ignoring its own laws. It's been going on for so long there's a term for it: Demo by Neglect. When will the shenanigans end?----

I hate to say it but this stuff is going to happen as long as a surface parking lot is worth more than a building. It really is that simple IMO.

replied to WCPerspective
Score: 9 ( 15 votes ) Vote up Vote down Report this comment

Maybe all that is true. But then why not go through proper channels? Comerford's attitude, (if reported accurately) is representative of everything that is wrong in city government. The left hand doesn't know what the right hand is doing, because the right hand actively refuses to talk to the left hand.

I am sure the Preservation Board would have no problem approving a demolition that is part of an actual plan for redevelopment of the site. But instead we now get to spend time and money on the drama of legal action being brought by one city department against another.

replied to longgone
Score: 12 ( 14 votes ) Vote up Vote down Report this comment

Comerford's attitude could be a counter to Tielman's attitude. It's not like Tim is the easiest guy to get along with. Development / Preservation is a nasty game and made worse in an area with too little of either. I would bet a good amount of money there is a backstory there that Tim is not sharing. It's not like he's a saint.


I still do not see the big deal on this building. I understand it's in a historic district but outside of the cast-iron façade there is nothing special.

replied to JSmith
Score: 6 ( 20 votes ) Vote up Vote down Report this comment

If I recall correctly the owners actually applied for a demolition permit several years ago. They were told that demolition for an parking lot would not be allowed, but demolition with a redevelopment plan probably would. So they just let it sit for a few years, found a friendly engineer to declare that it was about to collapse, went to Comerford on a holiday weekend, and got their way.

It's really not the way to run a community.

replied to JSmith
Score: 15 ( 19 votes ) Vote up Vote down Report this comment

There's no reason why the owners shouldn't adhere to city law. If they're planning a new development they would not need to rush an emergency demolition and shove aside anyone who questions it. Nothing should be demo'd for a parking lot until a redevelopment plan has actually been approved.

Score: 14 ( 18 votes ) Vote up Vote down Report this comment

it's a one story building. Notice how the brick building in the background with the Backhoe doesnt have windows? Allows for another building to be built flush up against that wall and not block any windows

BRING ON THE WRECKING BALL!
#NewDevelopment

Score: 0 ( 34 votes ) Vote up Vote down Report this comment

This is outrageous. I agree with WCP--not that this is particularly the most important building (architecturally), but it is in a preservation district and there are rules to follow.

Very curious that Comerford would not take calls and be willing to follow this process...hmmm...

Score: 4 ( 22 votes ) Vote up Vote down Report this comment

Also, this seems pretty representative of the state-of-affairs in Toronto currently--tearing down whole neighborhoods in the name of "progress". There is very little respect for history, architecture at present.

How 'bout this, Toronto--do what you want in your own city, but DONT bring your demo-hungry appetite to Buffalo.

replied to Travelrrr
Score: 1 ( 21 votes ) Vote up Vote down Report this comment

Toronto had no history to demolish in the first place.

replied to Travelrrr
Score: 1 ( 23 votes ) Vote up Vote down Report this comment

That's not true. T.O. has a glorious past that got bulldozed and carted off in favor of the sad, repetitious blandness that prevails in the city center. While everyone here moans about "demolition by neglect", what they forget is how much of Buffalo was saved by "preservation by neglect". The operative term here is neglect...something alien to Torontonians.

replied to Polonia
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"File legal action if he wants to talk." WTAF??!

That's epic! I wonder if "file legal action if you want to talk" could become a new meme for interactions -- or, more to the point, noninteractions -- in Buffalo. I bet it would go over especially well between spouses!

Score: 9 ( 13 votes ) Vote up Vote down Report this comment

Well it could go right along with...

Listen to our demands or we're gonna file legal action.

Give us job or we're gonna file legal action.

[any action that someone in Buffalo has wanted for the last 30 years] or we're gonna file legal action.

replied to RaChaCha
Score: 3 ( 7 votes ) Vote up Vote down Report this comment

My problem with this is ... Granted this isn't that special of a structure but how many times does city hall have to see these "emergency demolitions" by wealthy individuals or corporations to wise up to what they are doing! The Jersey livery, what Pano did on Elmwood Ave. (whatever happened to that little park?), the Greystone is heading that way. Again and again these individuals let their properties go to hell and get what they want. Wise up city hall. Wait, I should wise up and realize this is how business is done.

Score: 13 ( 19 votes ) Vote up Vote down Report this comment

I've been hoping that this building would come down. It's actually an embarrassment to the streetscape and, yes, when all the other buildings were around it probably looked OK. But it’s a very strategic parcel and I believe at one point I recall seeing a billboard for a rather slick looking high rise for this location. I think Key Towers was built instead. Not sure on that. Nevertheless, let’s get a glitzy high rise on that spot with three levels of underground parking.

Score: 1 ( 17 votes ) Vote up Vote down Report this comment

If the current owner doesn't feel obligated to follow city laws involving demolition in a historic zone, then what makes you think the same owner is going to build a glitzy tower with underground parking adhering to good urban planning principles? If anything it will just be more parking. If he builds it will probably be a fastfood drivethru.

I thought the people in WNY had finally gotten past the naive notion that blindly demolishing everything will somehow magically lead to shiny new modern city in its place. We allowed that for decades and we have mostly parking lots to show for it.

replied to DOC
Score: 11 ( 17 votes ) Vote up Vote down Report this comment

It is unfortunate-

I have thought a few times that it this building would look really cool incorporated into a new building that could overhang this building. It would give the new build a bit of character. Perhaps serve as a small store or converted into a diner or various small service type offerings, i.e. cobbler, tailor, etc to support what I would think could be a residential complex on that block.

It certainly has more to offer than a parking spots or lot.

Score: 3 ( 15 votes ) Vote up Vote down Report this comment

Cobbler? Are you from the 1800s?

This building was a delapidated eyesore that needed to go. A parking lot is both better to look at and better use of the land until there is new development. The city should not be in the business of protecting every single shack in the city. There is room for judgement.

replied to MikeN
Score: -6 ( 14 votes ) Vote up Vote down Report this comment

Yuppp! If there's one thing there's a shortage of, its development sites in Buffalo! The owner's phone is probably ringing off the hook with developers making offers.

replied to Slu
Score: 7 ( 7 votes ) Vote up Vote down Report this comment

Was the owner's phone ringing off the hook to lease a building that was vacant for 12 years? These days it may have been in poor shape, but if this building was so historic and desirable, why did nobody want to use it in the last 12 years? I can play the same game as you, except what I am saying is what actually happened.

replied to Platt4
Score: 0 ( 6 votes ) Vote up Vote down Report this comment

"but if this building was so historic and desirable, why did nobody want to use it in the last 12 years?"

Couldn't just about the same be said for the Statler, Lafayette, Martin House, and on and on.........?

But you're right, this town needs more ready-to-develop land.

replied to Slu
Score: 1 ( 5 votes ) Vote up Vote down Report this comment

Come on. Your argument is disingenuous and you know it. Are you really are saying this building is the same as the Statler, Lafayette, or Darwin Martin house? And you wonder why people think preservationists can be obstructionist. In real life everything is not black and white like you imply.

1. Unlike your other examples, this building is not an architectural gem. In fact, one could argue this building was destroyed years ago when the top floors were removed.

2. I never said the city needs more development ready sites, like you and others keep saying I did, but in my opinion a development ready site and parking lot is better than a rotting, ugly, empty building on a key corner across from a metro rail stop. This now becomes one of the more prime sites in the city. So, do we need more sites? No, but it is better than the status quo and at least is some progress to new development.

replied to LouisTully
Score: 5 ( 9 votes ) Vote up Vote down Report this comment

Well, I disagree with you. And I don't think the architectural significance is the point; rather that the building has historic significance, was knocked down for poor reason, and the proper procedure was not followed. Of course you have to choose your battles on what to save but this sets a bad precedent. If I want to see parking lots I'll go out to Amherst.

replied to Slu
Score: 2 ( 4 votes ) Vote up Vote down Report this comment

The only real arguement you make is if the proper procedure was not followed. If it was not, then there is a serious issue. Old does not equal historically significant. And if the building really was in danger of collapse, it was knocked down for a good reason. You choose to believe one press release over the other. That is your right, but it doesn't make it fact.

replied to LouisTully
Score: -1 ( 7 votes ) Vote up Vote down Report this comment

The architect lends pretty well to historic significance.

http://www.dictionaryofarchitectsincanada.org/architects/view/129

replied to Slu
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The building he designed was torn down many years ago. But you do have a point.

replied to LouisTully
Score: -2 ( 4 votes ) Vote up Vote down Report this comment

"These days it may have been in poor shape, but if this building was so historic and desirable, why did nobody want to use it in the last 12 years?"

Therein lies the problem. The owners didn't take proper care of the building and now they tore it down under the guise that it is useless and unsafe when they caused those conditions. If this were not a locally designated historic district then I would chalk it up to a shame and nothing more. However, when you own property in these districts you sign up AND AGREE to follow certain rules and laws and must extend a commitment to the community at large to see right by them.

In this instance they made a choice that broke those laws and a public official aided in this. Gross negligence and shady backdoor deals set bad precedents. What happens when another half dozen buildings downtown get torn down overnight? It won't leave us with much of a downtown.

replied to Slu
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Please cite the laws that were broken. Both by the demolition and the neglect.

replied to brownteeth
Score: -5 ( 5 votes ) Vote up Vote down Report this comment

If the roof or structure was that bad than there are code violations for one. More importantly, the fact that this building sits (sat) in an official local historic district means that there are further procedures to follow before tearing down a building that is written into law. The point of said district is to avoid this situation.

My home is in one of these districts and I can't change the roof materials without prior permission let alone tear it down. That's ok though becuase I signed up for it and agreed to it so this is insulting. I am a local guy investing my money and follow the rules while certain people get away with building murder while the guy in charge of protecting our buildings helped facilitate it.

replied to Slu
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I don't necessarily disagree with you, but you still cited nothing. What code was violated and what procedures of the local preservation district were not followed? I'd like to read them myself and I'd like to complain to City Hall if the city's own law was ignored.

My point is that there are a lot of people here screaming that the law was not followed , but does anyone here know the law? Doesn't seem like it to me. Seems like everyone is basing their opinions on the assumptions of the few and a press release from someone with an obvious agenda. To me that seems like groupthink.

replied to brownteeth
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http://www.city-buffalo.com/files/1_2_1/city_departments/SPlanning/PreservationBoard/InformationalBrochure.pdf

From the City's website. Scroll down to page 6 and bottom of page 11 for procedures on alterations or demolitions of buildings in a locally historic district. This process was not followed here.

replied to Slu
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Emergency demolition is an exception to that procedure. See the link I provided in the newer article on this topic. The procedure was followed. If you have an issue with the characterization of this demo as an emergency, fine. But I don't know how you could possibly have enough information to support that claim.

replied to brownteeth
Score: -2 ( 4 votes ) Vote up Vote down Report this comment

Also from the city website, read the first bullet point.

https://www.ci.buffalo.ny.us/Home/City_Departments/EDPIS/Inspections/Demolition

replied to Slu
Score: 3 ( 3 votes ) Vote up Vote down Report this comment

Exactly. Read the first scentence. This was classified as an emergency. Procedure was followed.

replied to brownteeth
Score: -3 ( 5 votes ) Vote up Vote down Report this comment

That's part of the issue here, what emergency?
Was there a fire? NO.
Were the walls collapsed? NO.
Was the roof collapsed? I don't know for certain, but Google Maps says no. Plus there are much larger & taller buildings with roofs collapsed as we speak that are still standing.

The facts show this "emergency demo" is a loophole that Comerford is hanging his hat on but given how small this building is it's pretty obvious there was no imminent danger to the public, therefore "emergency" status was not warranted and this should have gone through the proper channels.

You're grasping at straws. This whole thing is BS and though this building may not have been as important as others it should have been treated as such. Afterall someone thought it valuable enough at one point to save the first floor when they demo'd the upper floors. Which also means this building was probably built pretty strong if it originally held up multiple stories.

replied to Slu
Score: 1 ( 7 votes ) Vote up Vote down Report this comment

You are moving the goal posts. And you have zero qualifications or information to support your claim that this was a sham emergency. I have the opinion of the owner and the professional in charge of making these determinations for the city vs. your opinion from looking at Google maps. Unlike your assertions, the facts actually indicate it was an emergency. The building was vacant for 12 years with no maintenance. The owner claims it is in danger of collapse. The city engineer agrees that it is in danger of collapse and agrees to issue a permit allowing demolition. The one person left out of the process (legally), who is not an engineer and has no access to the building, issues a press release overstating the historical and cultural value of the property and claims it was a false emergency. I don't see how these facts add up to your conclusions. I also don't have the hubris to think I personally have enough information or engineering knowledge to claim to know when a building is not structurally sound. I have to rely on experts to make these decisions.

I walk by this building six times per week with my daughter, who is less than two years old. If there was any significant chance of a public safety issue, then the city made the proper decision. This is a high traffic area during business hours. You need to see the forest through the trees. I am generally for preservation, but I am also able to look at the available information regarding a specific building or situation. And if this situation was caused by neglect from the owner, then the owner should suffer whatever consequences the law allows. But that doesn't change the current situation.

replied to brownteeth
Score: -1 ( 7 votes ) Vote up Vote down Report this comment

Well there is a process for buildings in as bad of condition as you (or rather the owner) make this out to be. You can tear them down if need be and warranted even in a local historic district, but they didn't follow that procedure.

What was the emergency last night (or Fri eve when the permit was issued) that didn't allow this process to be fulfilled? Why was this done at 9pm and not 9 am? That doesn't make you question the legitimacy of how this went down? If other buildings that are much larger and have obvious public hazards (Greystone, Fairmount Creamery, Bosch, Statler, Etc) can stand long enough for someone to stabilize them why not this 1 story building?

Furthermore the owner did nothing with a building they owned in the last 12 years and now they get to tear it down in lieu of fixing it? Did anyone explore the ridiculous idea of repairing these problems first? When you own a building in these districts you take on additional responsibility that goes beyond basic ownership.

The bottom line is that Comerford pulled a BS move here and didn't allow the process that the community deserves. That paves the way to tear down even more significant buildings without due process. Where's the checks and balances?

By the way, I am a project manager at a commercial construction firm so I am not completely ignorant to how sound a structure is or is not.

replied to Slu
Score: 3 ( 5 votes ) Vote up Vote down Report this comment

http://www.buffalonews.com/city/communities/downtown/article1042785.ece

Again, you would have a fair point execpt the fact of this situation don't fit your narrative:

"It was falling apart. The floor was so wet it was sinking. There were holes. I looked in there and said, 'I'm not going in there, it's too dangerous,' " Comerford said.

Inspector Terry Krug concluded the building was too far gone to be saved and too dangerous for anyone to walk in. After Comerford concurred, he required a structural analysis by Tredo Engineers, which also was in agreement.

This was not a one man conspiracy executed under the cover of darkness.

replied to brownteeth
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Sooooooo. These conditions occurred under the current owner and the city is giving them a pass for neglecting a property on our main street. Why does the commissioner not say - you have to fix this building rather than, OK you can tear it down.

It's their fault the roof leaked. Its their fault the water is damaging the floor. Its their fault that there is sinking occurring. It doesn't make any sense!!!!

Why does the city make it so much easier to allow people to let the city rot rather than create reasons to make it better?

replied to Slu
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"A parking lot is both better to look at and better use of the land "

>rub my eyes

A parking lot is nice to look at? What? Serious? We should note those acclaimed American parking lot architects regarded for their revolutionary design and vision.

If great expanses are, in your opinion, something of desire then perhaps a rural setting would be what you're looking for. Not an urban area.

A parking lot should never be referred to as pleasing to the eye. Furthermore, a parking lot is never a good use of land in a city; it's simply a concession to what may be necessary.

replied to Slu
Score: 3 ( 7 votes ) Vote up Vote down Report this comment

You continue to put words in my mouth, take my comments out of context, and now make passive aggressive insults about how I should go to the suburbs.

Yes, I think a parking lot is preferable to an empty rotting building on a highly visible corner. It can also provide utility until infill can occur. Get it, until infill can occur. I obviously agree that parking is not the best use of urban land. I lived in Philly for 11 years. I know what a vibrant urban environment is like.

You keep speaking in broad generalities. I am talking about this specific building on this specific site. Not all situations are equal, as you imply.

replied to LouisTully
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I used to go to a cobler on Delaware Ave. to get soles replaced on good shoes...in the 20th Century!

replied to Slu
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Gotta be honest. Im very much content with this. A one story downtown on the corner...ehh. Always thought the buiilding would be better replaced with something else, something more substantiial. All for preservation and all that but not in this case. Looking for something more substantial down here hopefully sooner than later. I liken this to the 50 High Street implosion in the medical campus area.

Score: 6 ( 14 votes ) Vote up Vote down Report this comment

I'm not going to lose weeks of sleep over this one in particular, but it does bring up a disturbing trend.

If a building is in "eminent danger" of collapse, then rather than turning to the wrecking ball, there should be an "eminent requirement" to repair, a hefty fine imposed on property owners who neglect a building until it gets to this point, and a removal of the incentive that allows properties to die by neglect.

Score: 17 ( 21 votes ) Vote up Vote down Report this comment

THIS PLACE IS FLATTER

Score: 5 ( 7 votes ) Vote up Vote down Report this comment

I agree with the consensus. the only thing redeeming of the building is the cornice and the cast iron window framing.

I say salvage what is worthwhile to use in reconstructing a historic feature of Buffalo's urban fabric elsewhere.

Id rather put the energy into endangered buildings that need our full support of the community to save, have architectural merit and are part of the fabric of downtown or the surrounding neighborhoods...or reconstructing such buildings if they are already lost.

Score: 5 ( 13 votes ) Vote up Vote down Report this comment

In general people do not understand that zoning enforcement tends to be complaint driven. Often, localities have far too few enforcement officers to make a serious dent in every structure in a city, especially a city half its size. The resources just arent there. If you see a building with code issues, you need report it! A few zoning enforcement officers arent going to see the day to day things on your specific street that you see because they have whole districts or the city to cover.

Score: 6 ( 6 votes ) Vote up Vote down Report this comment

As someone who called 311 on the Livery and got a response back that demolition would never be permitted and the owner would have to make necessary repairs I have to shake my head at your naive idea that all you have to do to save a building is bring it the attention of the authorities.

Someone else cited the blacksmith shop in the Cobblestone District. Inspections and the Housing Court are fully aware of the condition of this building and yet I bet you that if we have a snowy winter it will be a parking lot by spring

replied to flyguy
Score: 6 ( 8 votes ) Vote up Vote down Report this comment

The building is not as important as the memory of the happy days when tobacco was a happy hobby. They used to have the greatest Cuban seconds cigars at the greatest prices in America. You could buy pipe tobacco of any flavor or mix your pocket could afford.
The shop had a fragrance that drew me in even after I quit smoking.
Don't focus on old buildings as much as preserving the memories of what they contained

Score: 4 ( 10 votes ) Vote up Vote down Report this comment

Most agreed for the churches, and even businesses and silos that are under threat. Perhaps not so much for the Richardson Complex, but that has other redeeming qualities.

replied to HapKlein
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Meh... downtown is too dense anyway.....

I still think Buffalo should create the National Parking Lot Museum. As a joke, but seriously.

Score: 9 ( 11 votes ) Vote up Vote down Report this comment

I dont usually reply directly to posts and ive been on BR since the beginning of time. Really gonna miss this one? Really? I liken this to the unremarkable 1 story at W. Huron and Delaware across the street fron New Era HQ. That entire parcel could use something new...So can this one.

replied to LouisTully
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Fair enough. And I agree re: the law office across from New Era. My comment was more in relation to the general destruction of the built environment, hence the reference to density. I won't miss the building, you're right. But what's going here? Are we still craving "shovel-ready" sites, because this city doesn't have enough of those?

I know you've been around since the beginning of time, so you should know that this is going to continue to be nothing until the end of time. Kind of like the wanker who wants to knock down the blacksmith on Illinois.

replied to flyguy
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Additionally, my comment is in response to the failure/derelict of Comerford as well as the general shadiness of this continued debacle known as Emergency Demolition. Let's call a pile of donkey poop a pile of donkey poop.

replied to flyguy
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IT'S A BIG, STEAMING PILE OF DONKEY POOP

replied to LouisTully
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how about a Parking Lot Preservation Committee?

replied to LouisTully
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First they came for the vacant factory,
and I didn't speak out because it wasn't in my neighborhood.

Then they came for the old shoe store in Polonia,
and I didn't speak out because it was a funny name I couldn't pronounce.

Then they came for the closed church,
and I didn't speak out because I didn't know anyone from that parish.

Then they came for the old cigar bar,
and I didn't speak out because I wasn't a smoker.

Then they came for the great old building in my neighborhood that I hoped would get rehabbed...
.
.
It doesn't make a wit of difference whether it's the loveliest or most significant building in the city. What makes this an outrage is that if they can do this in a historic district, in the most visible part of the city, in an illegal manner, and even tell a member of the preservation board to just eff off -- they can do this anywhere, to any building, at any time.

And this: there is no law except what can be enforced with a lawsuit.

That's not something that allows the luxury of being casual about.

Score: 20 ( 30 votes ) Vote up Vote down Report this comment

I've walked past this building before, and many similar buildings, and I always think "This would be a great live music venue." This building, the other on Delaware mentioned above, "INGS" on Jefferson, etc.
There are a lot more shows in the City than those that are advertised, and many take place in 800-1,000 square foot basements. The City needs more dedicated venues for small acts to get their chops and support some lesser-known touring acts.
This would also be a very bare bones rehab design, so interior costs would be minimal. I'd even suggest continuing to call the place Bernstone's/Ings/whatever.
Just one idea of many.

Score: 0 ( 10 votes ) Vote up Vote down Report this comment

This Toronto developer just successfully reduced their buffalo tax bill through years of neglect. That is all that happened here.

When are we going to revamp the ass backwards assessment methods of our city so that we encourage development and density, rather than making demolition the best option?

Score: 10 ( 12 votes ) Vote up Vote down Report this comment

Call Albany, tell them to overhaul the tax code.

replied to townline
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Here's a question for all you municipal policy wonks. If the lot where the building sat is added to the parking lot that surrounds it, will the new, larger lot, trigger any sort of SEQR review? Will the old lot, which may not have met current zoning requirements for screening, drainage, lighting, etc. have to brought into full compliance with current requirements?

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Emergency Demolition = no time for SEQRA. Subsequently, adding a few parking spots is not going to trigger SEQRA either - you have to have a substantial reason that adding those parking spots could have negative impacts. Now, you probably could make the argument that demolition of the structure will have significant impacts - but again, in the case of an emergency demolition, its usually too late before anyone can get their lawsuit in order.

replied to charger
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Ugly building, one floor of concrete - glad it's gone........ There is another across from the New Era building on the corner ...... Please knock that down when everyone is sleeping

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ugly is easily fixable. permanent removal is not.

this place would have been a great coffee house.

replied to elmdog
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We're u going to open the coffee house?

replied to grad94
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I think that Longgone unfortunately has it correct. As long as a parking spot provides the highest value for the owner on the land, buildings like this are going to be torn down. From the owner's perspective, they have rid themselves of building they apparently had no use for and gained a number of valuable parking spots. That must sound like a pretty good deal to them.
As for the way they went about getting the permit to tear it down, I think it's a complex situation. They may have taken notice of the tactics that have been used in the past to prevent demolitions on preservation grounds and figured out a way around them. They managed to evidently get their permit, so they must have made their case that the building was in danger of collapse. If I'm not mistaken, Comerford was within his rights to issue a permit for emergency demolition, which he has done. If you have an issue with that authority, or Comerford himself, why not petition to get him removed or the office overhauled.
It sounds like Comerford wants nothing to do with Tielman. I don't know why, but I can speculate perhaps he remembers Tielman's behavior during previous demolition issues, and wanted to spare himself the headache of dealing with him.

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Oh yes -- The Tielman Defense. "But Judge, Tim Tielman was mean to me once!" is an airtight free pass in a Buffalo courtroom. Not as well known as the Chewbacca Defense, because it applies only to Buffalo.

Silly to think that a City official should be bound by something as flimsy as The Law when there's the ferocious tyrant Tielman to contend with.

replied to pampiniform
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Well, was Comerford within his rights to grant the permit for an emergency demolition? If I'm not mistaken, an emergency demolition is not required to go before the preservation board, so the thing was done within the confines of the law. As I said, it was pure speculation on my part why Comerford acted the way he did to Tielman. I would guess they have different, often mutual antagonistic approaches in their positions. Comerford is in the engineering field. His office reviewed the paperwork submitted by the owners and decided it needed to come down. That would seem to mean that Comerford is either doing what he was appointed to do, or he's incompetent or unduly influenced by the owners. I don't have access to this paperwork, and no one else has provided it, so I don't know what the situation is. No one else on here appears to have access either, and if they do, it would be nice if they could share the findings.
I know someone mentioned Tielman's educational background on here before. I recall it wasn't engineering. He seems to have an amateur enthusiasm for architecture. I don't know about you, but if I were in Comerford's position, I would probably be aggravated having a high - minded individual who doesn't have any practical experience in my field meddling in my affairs. Especially if they'd been a headache before.
I don't think Tielman is wrong necessarily to do what he does. He has managed to save some things of value to Buffalo. However, his tactics can be perceived as overbearing. The whole business surrounding the GLF demolition was a good example of that. His legal filings and grandstanding to preserve a building that had been shown from an engineering perspective to be a serious hazard to the company that legally owned it and who wanted to demolish it seem to an individual more driven by aesthetic concerns than practical ones.

replied to RaChaCha
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Exactly. Nobody here knows the details of the process or if it was lawful.

replied to pampiniform
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They managed to evidently get their permit, so they must have made their case that the building was in danger of collapse.

"Of course it was in danger of collapse! Didn't you see the wrecker parked next door? And now it has collapsed, just like we said it would!"

replied to pampiniform
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--Here's yesterday evening's press release from C4GB--

Subject: City Defying law on ONGOING DEMO OF 1850's building

• • • For Immediate Release • • •

Contact:
Tim Tielman
Campaign for Greater Buffalo


URGENT: City Greasing Skids for Demo of 1850's Downtown Landmark;
Demo Equipment and Night Lights on Site at 273 Main;
Commissioner Defies Law, Refuses to Meet with Preservation Board Member

The building popularly know as Bernstone's Cigar Store, part of the Joseph Ellicott Historic District, is threatened with imminent demolition. It was designed by eminent architect Calvin Otis and erected in the 1850's. It was the long-time home of the Third National Bank (Joseph Schoellkopf was president) until its merger with M&T Bank in 1962. Sometime after that, the upper four stories were demolished, leaving the original tin cornice and a Classical cast-iron storefront, possibly the oldest in the city.

Commissioner James Commerford of the City of Buffalo Department of Permit and Inspection Services apparently is flouting the law on public notice once again (He has failed to notify the City Landmark and Preservation Board several times of "Emergency" demolition orders, as required by the City Charter, most recently in the case of the Riverside Men's Shop and Wheeleer grain elevator demolitions). Campaign for Greater Buffalo Executive Director and Preservation Board member Tim Tielman, acting on calls from concerned citizens, went to the department this afternoon. No demolition permit application in the city is supposed to be issued without being reviewed by the Preservation Board. Tielman found out Comerford had issued a demolition order on Friday afternoon, August 31. Comerford was overheard raising his voice, saying he would not meet with Tielman, who was waiting in the next room. Assistant Director Lou Petrucci relayed the message that the commissioner said "to file an Article 78" if a couple days' leave of demolition was sought. Article 78 refers to a legal proceeding brought against a government agency to force it to comply with its own laws.

On July 19, Comerford sent a letter asking for a waiver of noticication of demolition of an asbestos-containing structure to the State Labor Department; he claimed there was imminent danger to the public. It took six weeks for fencing to be erected around the site. Still, the Preservation Board was not notified and no public notice has been given.

"It is clear the commissioner has nothing but contempt for the public process and for the public body charged with protecting the city's historic assets," said Tielman.

###

Timothy Tielman
Executive Director
The Campaign for Greater Buffalo History, Architecture & Culture

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Thanks for posting this. But Tielman calling this an "1850's Downtown Landmark" is a huge stretch at best and a falsehood at worst.

replied to RaChaCha
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Not the point. This is the Ellicott Historic District and, accordingly, there are rules and procedures to follow if an owner wants to demolish a building. Neither Comerford or the owner chose to follow those rules or laws.

replied to Slu
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Ah, but they don't get a choice whether they want to enforce the rules or not. That's why we pay them fat sums to be civil servants. And that's the whole point.

replied to Travelrrr
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To me it is part of the point. I am not for breaking the law, but if there are falsehoods and obvious spin in this release, how am I supposed to take the rest of it at its word? If this really is an illegal demo (I have no idea what the law says, and a press release from a partisan source isn't fact), then shouldn't there be some arrests, fines, or citations forthcoming? Or is every single person in city hall in on the conspiracy?

Let me ask a question, if there was already a development plan announced for this site, would you still be against this demo? Or would you move on to complaining about the design of the structure?

replied to Travelrrr
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I would not have as much of a problem.

Fact is, there IS a legal process which this developer and the demolition commissioner should have followed. The demo request is submitted and reviewed by the Preservation Board, which makes a RECOMMENDATION (in other words, it's not law).

However, that was not followed in this instance...at all. And, THAT is the really troubling part of this.

(And, personally, I do think this could have been a charming reuse--coffee shop, etc., but that is another matter).

replied to Slu
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In a local historic district like this one, I believe the Preservation Board has veto power over any demolition (which can be overridden by the Common Council). In other areas of the city, they can only make recommendations and work with the developer to discourage unnecessary demolitions.

replied to Travelrrr
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In answer to Charger - Noe that the demo is a fait accompli the lot should be landscaped / grass planted. Legally, if the owner wants to make it more oarking a plan would have to be submitted to the Planning Board and meet Code requirements. It's a separate parcel from the adjoining lot.
Will this happen???
This is another instance where people question how effective the Green Code will be. Is the Mayor committed?

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"Is the Mayor committed?"

^^Is this a serious question?

replied to peripatetic
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Bye cigar store, hello, TD Canada Trust building.

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Nothing of that significance will ever be built at this site: not enough parking.

replied to Polonia
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I walk by this building every day, a few times each day. If the roof was caving in, the walls would likely have not been plumb. It appeared structurally sound. (Whatever). The fact it was torn down in the evening and there was NO previous public notice of any sort, all signs point to a process that is broken and PUBLIC employees who don't give a crap about process. That being said, I think it would have been wise to re-purpose the iron corners, offer the Bernstone sign for sale prior to bulldozing the thing. I don't understand how we let owners sit on buildings for 10+ years and not force them to fix it. Everything that sits, decays. The owners did not make the dwelling marketable. The public and city loses again.

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Speaking of re-purpose

Anyone notice Ellicot Development's property at Allen/Delaware where Athletix used to be... they kept the dated cornerstone in the back. Not a bad touch when demolishing a structure. Could've been done here...

"The fact it was torn down in the evening"
That's why it drips of shadiness. Do it right then no one can complain. Just like if the PBA wasn't so devious with their plaza intentions. If they were just open people would have less to complain about.

replied to JIM FRANK
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Look at this article from the News today? Why no BR post about Comerford's response to the allegations?

http://www.buffalonews.com/city/communities/downtown/article1042785.ece

replied to LouisTully
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Tim Tielman is nothing but lethal poison in this city's future. That ignorant man stands in the way of needed progress and still cannot "get it" that you cannot save everything from the past. This ugly, one story building at Main and Swan was nothing but decrepit, worthless piece of junk that should have been demolished right after the cigar store went out of business in March 2000. So what if it was originally built in the 1850s, that doesn't mean it must be saved. Most of the original building was already destroyed a long time ago. I see no legitimate reason for all the complaints and debates over this long overdue demolition. The preservationists need to grow up and go get a life.

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Ok, guy. You sound like a dose of lethal poison yourself.

"The preservationists need to grow up and go get a life."
Don't forget a job, right? Sounds like you've been reading the WAREHOUSEDWELLER Manifesto.

replied to RPreskop
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DeannerPPX – re: "If a building is in "eminent danger" of collapse, then rather than turning to the wrecking ball, there should be an "eminent requirement" to repair, a hefty fine imposed on property owners who neglect a building until it gets to this point, and a removal of the incentive that allows properties to die by neglect."

Hear! Hear!Ye speak the whole truth.

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