Suburban Spotlight: 'Historic' label isn't automatic protection Jeffrey Blackwell <mailto:jblackwell@democratandchronicle.com> Staff writer (October 1, 2006) — A widely held misconception is that designation on the federal or state registries of historic places is equal to an impenetrable fortress guarding local historic landmarks. But as the residents of Fairport recently found out, the ramparts protecting historic structures such as the 130-year-old First Baptist Church of Fairport are local historic preservation laws. Historic landmark designation brings prestige and opens access to preservation grants, but it does not protect a building from alteration or demolition. Cynthia Howk, who has worked for the Landmark Society of Western New York for 30 years, said most people do not understand what historic preservation is and what it means to have a building or property listed on the national or state registry. "Here's the kicker: It's principally an honorary program. Here is the key phrase: It does not regulate what private property owners do in terms of selling, altering, using, disposing, demolishing," she said. "Private property owners go on as if life hadn't changed. They are still only beholden to the zoning law in the village, town or city in which they are located." Fairport residents were shocked to hear this summer that the prominent red brick church with the familiar steeple at the corner of South Main and Church streets was in the crosshairs of a developer looking to build a store at the village intersection and that there was little they could do about it. Church officials were approached in July by a local real estate broker about the possibility of selling the church to an unnamed company he represents. The church recently received a formal offer of $2 million from the broker, Ron Rothfuss. The church, however, is still exploring its options and has not given the broker an answer. The First Baptist Church is in the state Register of Historic Places, and church leaders have also applied to have the building listed in the federal registry. The designation makes the church eligible for public and private preservation grants, which could help the congregation pay for much-needed repairs. But the designation does not prevent the demolition or alteration of the landmark because Fairport does not have a preservation ordinance in place. "I was surprised to learn how many pieces had to be put in place," said Craig DeLancey of Fairport, who is working to save the church. "You have to get a historical registration. You have to have an ordinance for historical preservation. And that ordinance needs to determine what will then be considered historic." *Different ordinances* The city of Rochester and many towns and villages within Monroe County have preservation ordinances on the books. Each is different. Most require approval from a municipal preservation board to demolish or substantially alter a structure listed in the state or federal registry or one identified as a local landmark by the municipality. Howk said the laws are divided by how properties are brought under the umbrella of the regulations. In stronger ordinances, participation is mandatory. Other ordinances allow property owners to decide. "If you have a voluntary ordinance that says the municipality can only designate a landmark if the owner gives their permission, that is highly problematic if you have a threatened building and the owner will not let you designate it," she said. Residents in Chili ran into this problem trying to save the Stagecoach Inn, a 192-year-old Federal-style building at Buffalo Road and Union Street, from being demolished as part of the development of a new 14,820-square-foot Walgreens. The building is eligible for local landmark status. But Chili's preservation ordinance is voluntary and the inn's owner has not applied for landmark designation, which has forced preservationists to negotiate with the developer in hopes of saving the historic building. "Someone says, 'I heard that a government-designated landmark status protects your building.' The rest of that phrase should be, 'Yes, if you're talking about a local landmark program,'" Howk said. Walgreens has offered to donate the Stagecoach Inn and the land. *Saving homes* Perinton's ordinance is mandatory. Town historian Jean Keplinger said the town surveyed potential historic properties and designated 26 homes and five districts as historic landmarks. The ordinance went into effect in 1987. Districts include properties in Bushnell's Basin, areas of Baird Road, South Perinton Church and Cemetery and a farm in the hamlet of Egypt. She said the law is responsible for saving one of the town's oldest homes, the Federal-style farmhouse in Egypt on Route 31. "I think if we didn't have a preservation ordinance, it would have been gone," Keplinger said. "But (the house) is currently being rehabbed to look like it ought to look. It's probably the largest framed structure in the town of Perinton or certainly one of the oldest." The village of Fairport is not covered by the town ordinance. But officials are working on one in hopes of preventing situations like the First Baptist Church. The committee, led by deputy mayor and trustee Frederick "Fritz" May, is looking at Perinton's ordinance and several others. May said writing the ordinance will be tricky because it will need to strike a balance that will preserve historic buildings without being too strict on property owners. He said the issue of mandatory or voluntary participation will be up for debate. "I don't know where we are going to go with that," he said. "What I hope is that we can be realistic enough and appropriate enough that when we present this, nobody's going to get really nervous." The committee hopes to present an ordinance to the Village Board by January. It is unclear if that will be in time to affect the future of the church. "I think the church brought it all to the surface," May said. "And I think everybody realized what can happen if you don't have something to protect yourself. "Now it's the right time." JBLACKWELL@DemocratandChronicle.com <mailto:JBLACKWELL@DemocratandChronicle.com> Other communities According to the Landmark Society, 14 local municipalities have preservation laws on the books including Rochester, the towns of Greece, Perinton, Penfield, Henrietta, Brighton, Chili, Gates, Irondequoit, Mendon and Sweden and the villages of Webster, Scottsville and Brockport.