Demolition of Chamber of Commerce Building

A Publication of the Preservation Coalition of Erie County
(Home Page)
March / April 1986
Vol. 8 No. 2

Mayor Griffin Orders Demolition of Chamber of Commerce Building; Preservation Coalition Sues

The Preservation Coalition has gone to court to attempt to prevent the demolition of the Chamber of Commerce Building. The Chamber of Commerce Building is owned by Development Downtown Inc. (DDI) which is a quasigovernmental agency located in City Hall and run by Mayor Griffin but not answerable to the Common Council or the taxpayers.

On February 27 1986, the Board of Directors of DDI held a luncheon meeting at the Hyatt Hotel. DDI President, and chief stadium planner,. Charles Rosenow, told the group that they could make emergency repairs to the building at a cost of $150,000 and longer term repairs for $125,000 or demolish the building for $660,000. If DDI used federal money to demolish the building they would have to go through a federal review which could take six months to two years, but if they used city funds they could avoid the review.

Mayor Griffin responded to this by declaring that they had wasted enough time, that he would send in a building inspector and declare an emergency and that the city had a surplus and he would find the money for demolition.

The Board of DDI voted to approve this action and to approve money for repairs if the city was unable to do the demolition.

On Friday February 28, the city building inspector declared an emergency and ordered the building demolished. On Saturday he took demolition contractors through the building and on Monday March 3, a contract for over half a million dollars to demolish the building was issued to the Kimmins Industrial Service Corp.

While the demolition contract was being awarded, the Preservation Coalition was appearing in State Supreme Court before Judge Penny Wolfgang to obtain an Order to Show Cause, directing the city and DDI to show why it had not complied with federal, state, and local laws governing landmarks.

On Tuesday March 4 Council Member Joel Giambra wrote to Mayor Griffin to request that demolition be held off for two days so that a Plattsburg developer, Frank Arvay, could fly to Buffalo to reinspect the building and meet with the Mayor or his representative. Giambra had learned that Arvay had submitted an option contract to purchase the building on February 4, 1986, which had not been responded to or even considered by DDI.

When Mayor Griffin refused to delay the demolition and meet with Arvay, the Coalition returned to court and obtained a temporary restraining order stopping the city from demolishing the building.

On Thursday March 6 Judge Wolfgang heard arguments on the lawsuit and on Friday March 7 issued a decision dismissing the suit. Judge Wolfgang found that due to the emergency declared by the building inspector she could not substitute her judgment as to what should be done with the building. Judge Wolfgang's decision did not consider the alternative of repairing the building, which would have cost less than demolition.

The Preservation Coalition has filed an appeal from Judge Wolfgang's decision and has instituted a separate lawsuit in Federal Court seeking a declaratory judgment that the actions of DDI and the city were improper.

History

The Chamber Building was built in 1905-1907 for the Chamber of Commerce and designed by Buffalo's most famous architectural firm, Green and Wicks. This same firm has designed numerous famous buildings in Buffalo including the Genesee Building (Hyatt Hotel), Goldome, the Dun Building, and the Market Arcade.

Unlike most of their other buildings which were done in classic revival styles, the Chamber of Commerce Building is a true skyscraper with its vertical lines emphasizing its internal steel structure. The L shaped structure allowed the architects to make excellent use of natural light and present dramatic views and vistas of the Buffalo waterfront and skyline. These views are enhanced by floor-to ceiling windows.

In 1982 the Preservation Coalition helped the city obtain a $20,000 grant from the National Trust for Historic Preservation to study preservation in the downtown off~ce district. With a matching $20,000 from the city, the firm of Anderson, Notter, Finegold Inc., Architects and Preservation Planners from Boston, Massachusetts were hired. Part of their job was to pick a suitable building for recycling and prepare a reuse feasibility study. The architects started work on the study in June of 1983.

City Act to Demolish

Before the study was released to the public, DDI voted to demolish the building. City Commissioner of Community Development, James Militello, stated that the study indicated the chamber building would be difficult to market. He also stated that the building's severe structural problems and unusual shape discourage developers. What the report actually stated was ''The Bank of Buffalo and the Chamber of Commerce Buildings represent a major development opportunity: To recycle two significant landmarks at a strategic location and to create the most prestigious office space in Buffalo. . . First class office space can be readily created in the upper floors of the Chamber of Commerce Building with commanding views of the city and the waterfront through floor-to-ceiling windows.'' The report goes on to state: "Our examination and evaluation of the available spaces and structural conditions have determined that both buildings have strong potential for a dramatic recycling project . . . The buildings can be reused without major alterations to the structural systems which adapt readily for contemporary office space.''

As part of the report the consulting engineering firm of Brown, Rona Inc. of Boston Massachusetts did a structural report on the building. In contrast to Commissioner Militello's negative comments on the building's structure, the engineer's report states, "Both these buildings are in basically sound condition and there is no reason evident why they should not continue to carry the loads for which they were designed.'' The report did recommend further study to determine the cause of cracks in the masonry.

Subsequently, the local engineering firm of Krehbiel Associates was hired to do a further study. The draft of their August 7, 1984 report stated: ''Nothing found in our investigation would preclude restoration/renovation of this building. While there are some glaring problems requiring immediate attention. the basic steel frame is sound and certainly adaptable to future service.'' The study identified areas of deterioration and made recommendations for repairs. Some of the recommendations were as simple as removing debris from the building and sealing windows.

On July 1. 1985, DDI again reiterated its intent to demolish the building. Charles Rosenow. President of DDI. stated that the the city continues to get phone calls from other interested developers but he favors demolition. In a prophetic statement he added, ''It's in extremely bad shape. If it isn't a hazard to the public, it certainly will be.''

Krehbiel was hired again to update their report and issued an addendum on February 14, 1986. This report states that " None of the temporary precautions, outlined in our August 20 (1984) letter have been accomplished . . . " The report which has been presented by the city as calling for demolition actually presents alternatives: ''Positive action by the City of Buffalo is mandatory to protect the safety of the citizenry by ordering immediate repairs or ordering an emergency demolition.'' The report lists immediate repairs that are necessary and also recommends repairs to be done ''on a more long term basis, while the City of Buffalo continues its search for a developer to restore the building. . . ''

While some city officials have predicted the imminent collapse of the building, the report actually states "The interior steel frame has remained in the same generally good condition as noted in the original report" and also finds that ''The tile and floor systems and supporting steel beams are in similar condition to that stated in the original structural report. They are generally sound at all levels.''

Prior to the Mayor's decision to demolish the building on a rush basis, applications had been submitted to the Buffalo Landmark and Preservation Board for repairs and for demolition. The day before the Landmark Board was scheduled to hear the demolition application it was withdrawn, giving the Board nothing to act on. At the meeting on March 13 the Landmark Board received and filed a report from a committee which recommended demolition. The committee had written its report without learning of the developer who was stilll interested in the building or attempting to contact the Granite Group which had been the designated developer for the building. At the Landmark Board meeting John Conlin, Vice-President of both the Preservation Coalition and the Landmark Society, attempted to read a letter from the Landmark Society, at the invitation of Board Chairman Austin Fox. Mr. Conlin was interrupted several times by the new Commissioner of Community Development Fred Fadel. Fadel, who was recently appointed Commissioner despite his lack of a required college degree, stated that now was not the time to discuss the matter (no doubt the best time for him would be when there is no building left to discuss) and introduced a resolution cutting off debate which the board adopted.

Despite a new downtown Master Plan which calls for a moratorium on demolitions and a safety program to mothball buildings, the city continues full speed ahead on its program to destroy the character of downtown Buffalo. At this point only the Preservation Coalition's legal action stands in the way of the destruction of another landmark.