Regional February 21, 2013 1:55 PM

Bethlehem Steel Demolition Halted Due to Illegally Issued Demo Permit

Bethlehem Steel Demolition Halted Due to Illegally Issued Demo Permit
The Campaign for Greater Buffalo successfully filed an Article 78 today, which placed a temporary restraining order on the demolition of the Bethlehem Steel Administration Building. This petition argues that the City of Lackawanna issued the demolition permit to Gateway Trade Center without performing environmental review as required by the NYS Environmental Quality Review Act (SEQR).

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Rear of the Admin Building, before the Chemistry Building Demo (Image courtesy of David Torke, fixBuffalo)

As a result, the demolition permit issued was done so illegally and is therefore null and void. The Campaign is seeking a permanent injunction on the demolition of the building until full compliance with SEQR is demonstrated. A hearing is scheduled before Hon. James H. Dillon for Wednesday, February 27th at 9:30 a.m.

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Rear of the Admin Building, after the Chemistry Building Demo (Image courtesy of David Torke, fixBuffalo)

"SEQR mandates all agencies of government to prepare an 'Environmental Impact Statement on any action they propose or approve which may have a significant effect on the environment.' Even actions which do not require a full Impact Statement, still require careful environmental review and findings," says Richard Berger, Esq., a local attorney representing The Campaign, "It appears that none was carried out in this instance. We hope that our filing today will halt the demolition of the Administration Building and lead to its ultimate restoration and reuse."

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Image courtesy of David Torke, fixBuffalo

"The City and Gateway should make every attempt to honor workers who spent much of their lives at Bethlehem Steel. Instead, they're doing all they can to destroy our heritage, and with it the potential that 'Old North' has to create jobs and bring people to the shore of Lake Erie. I for one am relieved that there is an engaged group of citizens continuing to fight for justice, and I am proud to stand with them," said Romaine Lillis, Lackawanna resident and longtime member of the Lackawanna Historical Society.

Demo - Stopped !
Signed Order from the Judge

There is an open lawsuit filed by Lackawanna Industrial Heritage Group (LIHG), heard on February 13, 2013 in Lackawanna City Court, regarding the discovery of a previously withheld structural engineering report concluding that the building is structurally sound and of no immediate danger of collapse, as the City of Lackawanna contends. Hon. Judge Marrano reserved judgment in the case but a verdict is expected soon.

LIHG has stated that they will cooperate with The Campaign for Greater Buffalo in any way needed.

For more information and to stay informed, check out the I'm Steel Standing website. Contact David Torke (fixBuffalo), founding LIHG Member: 716-602-5440 or davidtorke@gmail.com. For additional photos of the building check out David's Flickr page by clicking here.

Entry Image: Gerry Zephyr
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Awesome! Great job!

What will become of the lawsuit? People going to get fined for attempting this kind of $hit or what?

Score: 2 ( 24 votes ) Vote up Vote down Report this comment

Excellent

Score: 0 ( 20 votes ) Vote up Vote down Report this comment

Why don't the people who oppose the tear down buy the building and restore it?

Score: -5 ( 43 votes ) Vote up Vote down Report this comment

Ignorant comment. It hasn't been for sale.

More to the point: why don't our elected officials stop building owners' from demolition our cultural/regional/economic assets by neglect?

replied to aristocrat
Score: 25 ( 39 votes ) Vote up Vote down Report this comment

The answer to that question is a horse that has been beaten to death. Move on.

replied to aristocrat
Score: 15 ( 25 votes ) Vote up Vote down Report this comment

Why don't the people who oppose [insert elected official] run for office themselves?

Why don't the people who oppose the Bills suckiness buy the team or coach it themselves?

Why don't the people who oppose hipsters buy all the glasses and jeans manufacturers and halt production of thick-rimmed glasses and skinny jeans?

Why don't the people who oppose welfare create jobs and eliminate the need?

Get some better material.

replied to aristocrat
Score: 22 ( 34 votes ) Vote up Vote down Report this comment

Why don't the people that own the building take care of it and obey the laws of the city?

replied to aristocrat
Score: 21 ( 33 votes ) Vote up Vote down Report this comment

"and obey the laws of the city?"

If or when the court allows the Gateway-all-privately-funded bulldozers to proceed (perhaps after some more environmental steps, or not, depending on what the judge decides), after they finish then Gateway will then become compliant with 'the laws of the city'.

building gone = building code violations gone

city not outlawing this demo = this demo is legal after environmental i's are dotted and T's are crossed

So supporters of obeying the laws of the city then will consider the outcome a step forward that way?

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

So, if it does get saved in the end, then what? Sit empty and exposed for another 30 years? Can't force the current owners to sell it to all the nonexistant buyers.

Score: 3 ( 37 votes ) Vote up Vote down Report this comment

I am elated and ecstaticly applaud these people who helped save this building.

I have no doubt that something wonderful will become of it in the future.

Score: -7 ( 29 votes ) Vote up Vote down Report this comment

Eventually this building will fall down on its own.

Score: -1 ( 31 votes ) Vote up Vote down Report this comment

This building will not fall down for a lack of buyers.

The hand has been forced and I dont think its going to continue fighting now that the visibility has been raised to a public issue. Most buildings are lost through secret last minute demolitions that the public is unaware. Once the public is aware the story and the pursuit of demolition usually change direction.

Also most buildings arent demolished because of lack of buyers but because the owner wont sell. They want the land more than the building.

The Bethlehem Steel Building will either be sold and restored if Gateway doesnt want the land or Gateway will incorporate it into their development plans.

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

big enthusiastic pat on the back to everyone who had a part in this!

Score: 5 ( 17 votes ) Vote up Vote down Report this comment

Here's their loophole. From the SEQR Handbook, exempt actions include:

617.5(c)(33)
"emergency actions that are immediately necessary on a
limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, or acticable under the circumstances, to the environment."

According to the SEQR handbook, this includes:

"Agency responses to man-made disasters such as building fires, demolition of dangerously deteriorated buildings, chemical spills, transportation accidents or acts of terrorism."

Whether the building is sound or not is something that will probably be hotly debated. If the city successfully makes the case it's considered "dangerously deteriorated", it's a Type II action, and thus no review/EAF is required.

The city could also it's a Type II action because demo doesn't significantly impact the environment on the site, and thus, it doesn't require an EAF. Again, that can be argued (fugitive dust, off-site disposal of debris, etc), but the review process tends to be site specific.

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

Regardless of the determination of the class of action, Type I, II or Unlisted,this is only a temporary injunction. If the City is forced to proceed under SEQR, there will be a finding of no significant impact and it'll be back to where it was yesterday. Even it deemed a Type I, they do not automatically require an EIS. Given thousands of large scale demos like this take place every year, the case law suggests and would back up ta determination of no significance. The key isue here is whether the "action" i this case the demoi, will have permanent environmental impacs requiring mitigation, which it won't. If any impacts, they'll be short-term during th demo only and require standard procedures like asbestos abatement, dust control, and sediment control.

SEQR's intent is to minimize the impacts of an action, not deny the action. Once you realize that and accept it, you'll realize this is only a temporary stay of execution.

All the legal wrangling, arguments and bohemian dreams can't stop a private property owner for doing as he/she sees fit for his property.

Score: 1 ( 15 votes ) Vote up Vote down Report this comment

> SEQR's intent is to minimize the impacts of an action, not deny the action.

Quoted for truth. This should also be remembered for projects that those on BR generally support, but which may face neighborhood opposition (e.g. Gates Circle condos).

replied to buffalofalling
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Too bad so many irresponsible "private property owners" seem to be immune from code enforcement and are not held accountable from their neglect and outright exploitation of their properties. "Doing what he/she sees fit for his property" should be contigent on the responsible ownership and stewardship of that property. The private property rights crowd have a long history of abusing those rights and deferring the costs and consequences of their actions to the community and neighboring residents.

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

this is a unique bldg that many probably could care less about..as you can read above..how many times have we dealt with this attitude and have seen irreplaceable structures torn down and later we lament..how often private ownership trumps the historical legacy and common good in this country is sometimes truly pathetic..there are so many fantastic options and sadly this owner picked the most selfish and stupid..i only hope he is inside when the wrecking ball is lowered...

Score: 2 ( 6 votes ) Vote up Vote down Report this comment

im trying to think like the owner..what a great spot to store winter salt for the city of lackawanna..and they would pay me for it..beautiful capitalism...cheers...

Score: 2 ( 2 votes ) Vote up Vote down Report this comment

So if I may echo the sentiments of aristocrat after you nut bags jolly stomped him. The preservation community always gets pissy when after saving a building someone asks now what. If the perception is that you guys save a building and high five each other and walk away then that is your PR to deal with and maybe you should now beat your drums louder now that demolition has been avoided. If the same people who stopped the demo are the same that turn up the heat on the current owner and somehow find a developer who turns this site around then that would be pretty friggin impressive. I don't believe that when someone challenges you people on the next step that you are really gonna pass the buck are you? Hardin the F up! Accept this as your pep talk following a minor victory.

Score: 1 ( 11 votes ) Vote up Vote down Report this comment

I'm giving you a thumbs up juts for "nut bags jolly stomped". Made me spit tea on keyboard.

More seriously, now what? You got your temporary stay of execution, but the clemency phone call still ain't coming.

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

I can't believe there are so many troglodytes who want demolition. Its may berry verus pottersville....and people are championing Mr potter over George bailey.

No wonder buffalo failed for 80 years. The stewards of the city left it. The vultures and parasites lived off its fat, then its muscle, then its decaying scraps. The Alright won't even display it and all but the few are ignorant of who and what this city really was and is...to them buffalo is a welfare check or a government job or a demoltion contract for parking.

Buffalo is poverty in the heart, the mind and the soul....Rochester still follows the legacy of George Eastman...it still has people acting as city fathers doing things for the area...acting as stewards.

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> Buffalo is poverty in the heart, the mind and the soul....Rochester still follows the legacy of George Eastman...it still has people acting as city fathers doing things for the area...acting as stewards.

It helps when you have major corporations that are based in the city. Historically, Buffalo has been more of a backoffice town (see Goldman, Dillaway, etc), and companies that only have subsidiary operations there won't have the same commitment to the community as their hometowns. That's not to say nobody cares, but the lack of corporate headquarters and declining influence of the old money crowd doesn't lend itself to the same kind of stewardship that one sees in places like Rochester, Pittsburgh and Cleveland.

replied to paulsobo
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I get the historical significance of the property but at some point its time to move on. If its not financially possible to renovate the property and turn it into a cash flowing investment then what do you do? Its logical. Unless you want to implement some kind of historic tax on the citizens of Erie County to pay for this place then its time to take some pictures, put up a sign and call it a day. I don't think I've seen any of the opposition come up with a viable solution. The facts are that a developer has a plan to utilize the space creating some badly needed tax revenue.

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

This bulding was neglected by EVERYONE, including preservationists who took little interest in the structure before its imminent demise. So first things first: stop the demolition and work on transferring the title. Then secure the place, especially the roof and begin the discussion about future uses, redevelopment costs, etc. Not every building has to be some big money maker to justify its existence. Would you tear down the White House because it doesn't make enough money?

Wait, don't answer that.

replied to aristocrat
Score: -9 ( 11 votes ) Vote up Vote down Report this comment

This bulding was neglected by EVERYONE, including preservationists....

How does someone neglect something that they don't own?

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

Neglect comes in many forms, grasshopper...

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

actually, fixbuffalo has been monitoring the building for years.

more to the point, you are blaming individuals for failing to exercise powers that they do not possess.

individuals can be arrested for trespassing if they enter the property without permission.

individuals therefore cannot inspect properties, even if they possess the proper credentials. even our building inspectors are not always equal to the task.

individuals cannot send properties to housing court.

individuals cannot exercise eminent domain and transfer properties to themselves when an owner refuses to sell.

now, what, exactly, was it that you thought they should have done?

replied to PaulBuffalo
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Individuals did trespass. They were urban explorers who've been taking pictures of the building and the state of disrepair for YEARS, while your caped heroes over at Crybaby Central were nodding off over their Urban Land Institute newsletter. Anyone with an internet connection has known about the state of this structure as well as the lingering beauty of the place. Where were you?

So indeed there was awareness but it wasn't tranmitted through to those at the levers of power until it [almost] was too late. Here's a thought: get your pals at Buffalo Rising.com to allow us to post pictures so you can see what you've been missing.

replied to grad94
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Meanwhile, the houses on Busti are being ripped down as I type this ...

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

This is absolutely ridiculous. The abandoned, deteriorated Bethlehem Administration Building should be demolished and clear out as soon as possible. This lawsuit and court order temporarily stopping demolition is unnecessary and unwarranted. Where the hell where all these historic preservationists during the past five decades when this building was just sitting and deteriorating? Now that this decrepit eyesore is finally being demolished, all in a sudden these idiotic industrial heritage committees are springing up out of nowhere and getting in the way of desperately needed progress. Instead of halting demolition, the courts should instead order the Lackawanna Industrial Heritage Committee to permanently disband and dissolve themselves. These opponents are nothing more than glorified publicity whores who want to live in the past. It is nonsense like this that is hurting Buffalo and Western New York and making it extremely difficult to retain and attract business and industry.

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

The building is VERY salvagable and would add FAR MORE to the region's economy if fully restored. Beaux Arts architecture like this doesn't just trow on trees you know. But thanks to the myopia of the Elmwood-centric preservation community here (Fix Buffalo notwithstanding...apparently), it was indeed ignored. That's not a reason to demolish it. It is a reason to explore all the other buried gems in the region that people drive past daily in their blind ignorance.

And BTW what "business and industry" is being sacrificed here for the sake of the old Beth Steel HQ? An empty lot? A gravel pit? A fenced in dump for the trash haulers that call themselves public officials in Crackawanna?

replied to RPreskop
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so five years ago you would have approved of advocacy & activism on behalf of this building?

funny how the right time for preservation is never today but some arbitrary point in the past.

replied to RPreskop
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WHY ARE ALL OF YOU PEOPLE STICKING YOUR NOSE IN SOMEBODY ELSES BUS. ? IT IS GATEWAYS PROPERTY AND THEY SHOULD BE ABLE TO DO WHAT THEY WANT WITH IT !!! GET A LIFE. THE BLDG. WAS NEVER FOR SALE. AND MOST PEOPLE ON HERE WOULD'NT BE ABLE TO EVEN PAY THE TAXS ON IT . GET BACK ON YOUR COUCH AND MIND YOUR OWN BUS.OH AND DONT FORGET TO PAY THE RENT !!!

Score: -4 ( 6 votes ) Vote up Vote down Report this comment

dweller: is there any property worthy of public protection?

If Monticello, say, happened to be bought (not that it can ever be for sale any more, but just for the sake of argument) by some rich warped dude who despised Jefferson and wished to destroy it because he wanted to, would that destruction be justified because of the preference of the owner?

Bethlehem Admin isn't Monticello, but exaggeration can put a point in better focus. Is there no case where legal protection is warranted in your view, warehousedweller?

and I don't rent, btw.

replied to warehousedweller
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I guess warehousedweller doesn't have to worry about the rent for his mother's basement...

replied to biniszkiewicz
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