Did Developer Illegally Demolish Building on National Register?
Yesterday morning, an allegedly illegal demolition began on Ossining's Brandreth Pill Factory, an industrial complex listed on the National Register of Historic Places as well as locally landmarked. As the action was believed to violate numerous laws, Village of Ossining officials issued a stop-work order. “It's very upsetting from an historical preservation standpoint,” mayor Victoria Gearity tells us. “Also, as a municipality, we can't function well if our property owners violate the law.” Both Village officials and property owner Plateau Associates (which plans a 137-unit apartment building for the site) were in court yesterday afternoon, but not before a good portion of the factory had already been knocked down. Pictured: What remains at 36 N Water St. The 1830s building achieved historic designation in 1980.
The building prior to demolition. The Village has a board-appointed Historic Preservation Commission whose powers and duties are outlined in Village Code §270-25, which says its purpose is to ensure that the distinctive, historical character and community value of landmarks are not majorly impaired and are maintained and preserved for the education, pleasure and welfare of residents and others. Kaja Gam Design founder Kaja Gam, an HPC member, was in the courtroom yesterday and says some officials and legal counsel involved with the case were under the impression that the HPC only works in an advisory capacity. “Many people mistakenly see us that way, but in 2011 we transitioned to having legal power,” she says. The HPC has written architectural guidelines that are part of the building code, she says, and if the HPC landmarks a building or site after a demolition permit is granted, the landmark takes precedence in any decisions—owners have to satisfy what the commission requests. "We hope that the court will acknowledge this."
Paul Stone, the attorney who reps Plateau, says his client’s position is that demolition (a close-up, above) began pursuant to an active permit it received from the Village in 2008. The building, acquired vacant by Plateau in 2001, had not been used or inhabited for more than 30 years and was in serious decay. Although the building was unusable, he says the Village issued violation notices under the NYS Building Code in 2012, which were dismissed, then in 2015, refiled the charges under the Village Code. He says the code (§162-38) allows a building to be demolished in full satisfaction of any claimed violations, and that on March 24 and March 31, Plateau said in court that it intended to proceed with demolition to address any claimed violations. Plateau then provided documents to the building department to satisfy all technical requirements for proceeding but didn't hear back, he says. Demolition then went ahead. He says the firm is confident it will be vindicated in court.
This postcard shows the factory in its former glory. In a release, the mayor noted that most of Brandreth's historical buildings succumbed to fire in the 1870s, but the oldest, a Greek Revival building possibly designed by Calvin Pollard, remained. The razing reminds Ossining Village historian Dana White "of the sneaky demolition of the magnificent old Penn Station in 1963, which created the preservation movement in New York City,” she says. “The loss of the pill factory will only strengthen the resolve of those Ossining residents who care about preserving our history and heritage.” The HPC will be holding a public emergency meeting on Monday, Kaja adds, hoping there's "enough time to exhaust our options and try to put a stop-gap in action." She says the HPC is not optimistic: the damage is done, the building is missing the entire front façade and is in a precarious state. "I believe it could have been salvaged if money had been put into it.” Any decision made will be important in defining the roles and power of the HPC going forward, she adds. The Village and Plateau will meet again in court on May 5, Paul says.
