PORTSMOUTH — A long legal dispute between the owner of the historic but fire-damaged former Daily Times building and the city has reignited.
The attorney for 278 State St. building owner Peter Floros contends in a letter to the City Council that the downtown structure is dangerous, and must be demolished to protect public safety.
Attorney John Kuzinevich, who represents Floros, states that according to the city’s Housing Code, “the building must be demolished to protect the safety of the public.”
“The owner agrees and wishes to demolish the building,” Kuzinevich wrote in a letter he sent to Mayor Deaglan McEachern and the City Council Wednesday.
“At this point it appears the city is shirking its duty to protect public safety by failing to enforce the Housing Code,” he added in the letter.
Kuzinevich specifically called out the city’s Historic District Commission for what he called a decision to put aesthetics over safety because they won’t allow Floros to raze the building.
A major downtown fire in April 2017 damaged several buildings in the heart of the city’s Historic District, and destroyed the former location of the State Street Saloon.
The building is more commonly known as the historic 1850 Daily Times building.
The downtown site, which is partially enclosed by a fence, has not been redeveloped since the fire.
Portsmouth attorney calls accusations 'pure fiction'
City Attorney Susan Morrell issued a statement in response to Kuzinevich’s allegations.
She calls the “representations in this letter pure fiction, manufactured by Attorney Kuzinevich to place the city in a negative light.”
“The city has been engaged in a land use dispute and litigation with the property owner since the fire in 2017. Throughout this time, it has been the responsibility of the property owner to secure the safety of the building, a duty which has been neglected,” she said in a statement released to the Portsmouth Herald. “The city, for its part, has repeatedly directed the property owner in writing to fulfill this responsibility and protect the general public by securing the building. The city continues to actively pursue enforcement options.”
Kuzinevich contends in the letter that “the cause of the issue is the intransigence of the Historic District Commission.”
“Their insistence on preserving brick exterior walls has resulted in seven years of design work only to reach the conclusion that any design preserving the facade is a marginal design, which cannot be built within any economic reason,” he told the City Council. “The preservation of the brick walls adds millions to construction cost, which will never be recouped.”
Floros, according to his attorney, “has spent hundreds of thousands of dollars on design and development plans for the property which cannot ultimately be economically executed.”
“The city cannot force Mr. Floros to develop an uneconomic project,” Kuzinevich added.
Building owner accused of 'demolition by neglect'
Morrell contends in her statement that “instead of submitting a development plan for this property, the property owner sought to demolish the remaining building in 2017.” The HDC denied the request, and Floros appealed the decision to Superior Court, which ruled in favor of the city’s land-use board in 2023.
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“What has happened over this time is demolition by neglect on the part of the property owner,” Morrell said. “The property owner has continued to ignore the court’s decision and the direction of the city officials and instead sought administrative approval to demolish the building.”
“When that was denied, he again appealed to the Superior Court,” she said.
In June, the court dismissed Floros’ latest lawsuit, she said.
Inspector asks owner to make building safe
The city’s chief building inspector recently asked Floros to provide a plan to shore up the building’s structure.
Chief Building Inspector Shanti Wolph asked Floros to provide a report on how to make the building safe “in order to protect the public safety.”
Wolph stated in his letter that during an April site visit to the property “it was evident that the roof had not remained in place as ordered by” the former chief building inspector in July 2017.
“It was clear that water was pouring in, and the open sky was visible, which contributed to further deterioration,” Wolph said in the June 20 letter. “Additionally, it was apparent that the exterior brick facade and corbels are failing.”
“If the facade collapses, there will be a significant threat to life safety,” Wolph added.
Wolph asked the owner to provide a “report from a licensed New Hampshire structural engineer detailing how the building will be made safe, or certifying that the building is safe,” by July 19.
Building called unsafe for workers
Morrell stated the city looks “forward to receiving the engineering report on or before the deadline of July 19, as to how the property owner plans to make the building safe and comply with the rulings of our land use boards and the court.
“There are no redevelopment plans or requests for demolition pending before any of our land use boards,” the city attorney reported. “We trust our land use boards to view all applications individually and on their own merits.”
Kuzinevich referenced Wolph’s request, saying while an engineering report has not yet been completed, “on a preliminary basis, we believe that no temporary repairs exist which can address the safety issues.”
“The building has deteriorated and it is even unsafe for workers to enter it. Twice in the past, Mr. Floros has met the city’s request for temporary repairs,” Kuzinevich said in the letter. “In due course, they failed as no temporary repair can be sufficient for a seven year permitting process as caused by the HDC.”
The attorney stated “with any construction completely uneconomic, it is unknown when, or if ever, a project will be built at the site.”
“The only solution is demolition. Straightforward application of the city’s own Housing Code solves this issue immediately,” he said.
Kuzinevich in his letter quotes from Portsmouth’s housing code, which states "in any case where a dangerous building is 50 percent damaged or decayed or deteriorated from its original value or structure, it shall be demolished.”
He believes the City Council has a responsibility under its own regulations to appoint members to a Building Commission, have a hearing on 278 State St. and issue a demolition order.
“Should anything happen to a member of the public, it will be due to the city’s inaction, its unreasonable cause of conduct and its efforts to evade an unambiguous ordinance which it adopted,” Kuzinevich stated.
Reached Thursday, he said “we hope that the parties will work together in the best interest of safety for the city and its citizens.”
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