Winans-Crippen House, 66 Franklin Street
“This decision of the court affirms the role of the Design Review Commission in protecting our City’s historic buildings, the Saratoga Springs Preservation Foundation applauds the decision and believes it accurately portrays the process set out in the City’s ordinance and New York State law,” said Samantha Bosshart, the Saratoga Springs Preservation Foundation’s Executive Director. “We hope that the owner of 66 Franklin Street will complete the pending DRC proceeding and let the DRC make its decision. The Foundation would like to see this historic building repaired so it can continue to tell the unique story of the historic development of Saratoga Springs’ remarkable architectural history.”
Sixty-six Franklin Street was built in 1871 and is one of a few surviving buildings designed by Saratoga Springs architect, John D. Stevens, who designed the United States Hotel and the Grand Union Hotel, two of the grand 19th century resort hotels that once lined Broadway. It is listed as a contributing building to the West Side Historic District listed on the National Register of Historic Places and is also located in the local historic district where its demolition is subject to review and approval by the City’s Design Review Commission. In July 2009, the National Trust for Historic Preservation featured it in its national magazine Preservation as a “threatened” historic building.
In November 2008, the owner of the building, Joe Boff, instituted a demolition proceeding before the City’s Design Review Commission. After hearings on the matter, in July 2009 the DRC requested that Mr. Boff prepare an Environmental Impact Statement on the proposed demolition’s effect on the historic and cultural resources of Franklin Square. To date, Mr. Boff has not submitted the Environmental Impact Statement.
In September of 2010, as a result of a citation issued by the City’s Code Enforcement Officer, Mr. Boff agreed to demolish the structure and City Court issued an order requiring demolition. Upon hearing of the pending demolition, the Saratoga Springs Preservation Foundation immediately intervened at both the city and state levels to prevent the loss of this historic structure.
The Foundation argued that the ruling by City Court bypassed a pending Design Review Commission demolition proceeding. The Foundation requested the City Court to overturn its demolition order and require the owner to stabilize the structure pending completion of the DRC process. On October 27, City Court Judge Jeffrey D. Wait issued an order vacating the City Court’s demolition order, and ordered the owner to stabilize the structure pending completion of the DRC proceeding or the issuance of a demolition order by the State Supreme Court. The building has since been stabilized and is currently not in danger of collapse, nor is it a threat to the public health, safety and welfare.
In addition to the Foundation requesting a permanent injunction from the NYS Supreme Court, the Foundation sought clarification that a demolition order by a City Code Enforcement Officer for an historic building had to receive approval from the NYS Supreme Court, not the City Court, as outlined in NYS Executive Law 382. Justice Nolan’s decision issued Monday, found that Judge Wait’s decision was binding and separately agreed with his interpretation of the relevant law.