1061 Allen Street (January 2023)

A court case involving the former Crawford Furniture Building that burned down in a fire in November 2022 has been adjourned until June 30.

City of Jamestown Corporation Counsel Elliot Raimondo and Allen Street Development LLC Attorney Daryl Brautigam appeared in Housing Court Friday, June 2 before Judge George Panebianco for a pre-trial motion.

The adjournment was made due to both parties submitting new files in the case that needed to be reviewed by the Judge. One issue that needs to be resolved by the courts is whether Allen Street Development LLC principal owner Richard Rusiniak is personally liable for the cost of the clean-up of the site at 1061 Allen Street.

The City is seeking damages against the corporation and Raimondo has said the property owners owe over $90,000 in back taxes.

1061 Allen Street (January 2023)

The corporation that owns the former Crawford Furniture Building that burned down in a fire in November 2022 is expected to plead guilty to code violations.

City of Jamestown Corporation Counsel Elliot Raimondo and Allen Street Development LLC Attorney Daryl Brautigam appeared in Housing Court Friday, April 28 before Judge George Panebianco.

Brautigam informed the Judge that he is advising his client at a pre-trial hearing scheduled for June 2, 2023 to enter a guilty plea on two tickets.

Jamestown Director of Development Crystal Surdyk said these tickets are for on-going violations at 1061 Allen Street that go back several years in regards to junk and debris issues as well as other code issues that preceded the fire on November 16, 2022.

Raimondo said this plea will allow the City to seek damages against the corporation, “After the fire, the city had to pay H.H. Rauh Contracting $100,000 for an emergency demolition just due to the fact that the site was so unsafe during and immediately after the fire for any individuals to near there. That said, anyone who drives on Allen Street and past 1061 Allen will still see that there are massive, and what we would say is Superfund type site, that needs to be cleaned up at the site of the fire.”

Raimondo said the city has received quotes for over a million dollars for that clean-up. He added that the owners also owe over $90,000 in back taxes for the past five years.

The pre-trial motion on June 2 also will determine if Richard Rusiniak has any personal liability as one of the principal owners of Allen Street Development LLC. A sentencing date for the guilty pleas will be determined at the pre-trial and that future date also will include the hearing of contempt charges against Richard Rusiniak by the City for providing false statements in court.

Meanwhile, Surdyk said the Environmental Protection Agency is still assessing the site. She said their involvement with the site in the years before the fire has been a benefit to the city, “I think the fire could have been much more damaging and catastrophic had they (EPA) not been able to achieve some compliance with removing some of the chemicals and hazardous materials from the site. We do know there were still some hazardous materials that remained at the time of the fire, but like I said, it could have been much more catastrophic than it was.”

The DEC and EPA are each pursuing independent actions against the property owners.

Surdyk added that Jamestown Police have not charged anyone with setting the fire but said she believed they did have suspects in the case. WRFA contacted Jamestown Police Chief Tim Jackson about the matter but had not heard back by press time.

Sheldon House (photo by SUNY JCC)

JAMESTOWN – A state appeals court is now deliberating on the fate of the Sheldon House and whether or not in can be used as a business headquarters.

On May 16, the attorneys for the parties involved in the case appeared in the New York 4th Appellate Division court in Rochester to argue for and against an appeal regarding the zoning variance for the historic home and property, which sits at northeast corner of Lakeview Ave. and Falconer St. Attorneys who presented orgal arguments included Jamestown Corporation Council Marylin Fiore-Lehmen, Jamestown Community College attorney Steve Abdella, and Daryl Brautigam, attorney for the residents who are challenging the variance. Kristen Lee Yaw, who represents the Lynn Development Group, didn’t appear in cort on May 16, but did submit a written argument, on behalf of her client.

The Sheldon House sits in an area of the city that is zoned for residential use only. It is owned by JCC, which announced it was selling the property in early 2016, with Lynn Development  eventually announcing it would buy the home for $240,000, contingent to it receiving a zoning variance so it can be used as the main offices for the company.

In May 2016 the city’s zoning board granted the variance, but that was challenged by a residents in the neighborhood, who didn’t feel there was the necessary hardship requirements needed in order for a variance to go through. In the summer of 2016, the State Supreme Court in Mayville upheld the variance decision, and that ruling was appealed to the state circuit court.

Jamestown Mayor Sam Teresi said that the arguments by attorneys involved in the case were made last week, and now it’s a matter of waiting on a decision.

“Largely, the appellate division does research,” Teresi explained when asked by WRFA for an update Monday night. “They look at all the papers that have been filed, the written arguments. There was about ten minutes of oral arguments, with give and take between the attorneys representing the three parties. Corporation Council reported to me that there didn’t appear to be any bias or indication that they were favoring one side over the other, just a series of clarifying questions that seemed to be equally spread between the three parties and three attorneys.”

Teresi added that there was no indication of the timetable for when the court would deliberate and render its decision. Even once a decision is rendered by the appellate division, there is the option to appeal that decision to the New York State Court of Appeals, the highest court in the state.