Landmark Society wants court to void Rochester Planning Commission decision

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The organization that strives to preserve the region’s architectural heritage has launched a battle in court against the city of Rochester, claiming a recent decision to deny landmark designation for a former factory building in the Neighborhood of the Arts (NOTA) was flawed.

The Landmark Society of Western New York, Inc., says the exterior of the former Cutler Mail Chute Co. building at 76-94 Anderson Ave., built in 1908, deserves historical status. Preservation of the interior would not be necessary.

But the city’s Planning Commission — in a 6-0 vote on Sept. 3 — denied deeming the Cutler building a designated city landmark.

Commission members ruled that landmarking the structure would “run counter to vitally important development goals” outlined in the city’s Comprehensive Plan, according to Notice of Decision sent to the NOTA Neighborhood Association.

The building owner, developer Fred Rainaldi, argued against historical designation at a public meeting in August. He told the commission that such a ruling would “thwart ongoing efforts to develop the property in a way that preserves its historical features while permitting innovative modifications to meet modern demands of commerce and public preference.”

But the Landmark Society wants the planning commission’s decision annulled. The nonprofit organization alleges in a petition filed Friday in state Supreme Court in Monroe County that the actions of commission members were “arbitrary and capricious, without rational basis or substantial evidence, applied the criteria for landmark designation inconsistently and relied upon erroneous statements of fact and law.”

The Cutler Mail Chute Co. manufactured mail chutes for thousands of buildings across the country, including the Empire State Building and Chrysler Building in New York City. The first chute was installed in 1884 in the since-demolished Elwood Building at the corner of East Main and State streets in downtown Rochester.

The mail chute was patented by James G. Cutler, co-founder of the company and a former Rochester mayor. Manufacturing took place at the Anderson Avenue facility from 1908 until 1970.

“The building retains a high degree of architectural integrity and readily conveys its original function and historic association, including its glazed terracotta Cutler emblem and saw-tooth roof,” the petition says.

Staff of the city’s division of planning and zoning said in a 2018 report that the building clearly met the standards for designation as a city landmark because of its association with a person of historical significance, its distinctive architectural character and its role as a familiar visual feature within the NOTA, the court filing says.

The Landmark Society’s court filing alleges the planning commission “demonstrated a fundamental misunderstanding of the statutory framework for designation, misinterpreted evidence presented, ignored legal requirements, substituted its own opinion for objective evidence and made/relied upon contradictory findings and assumptions.”

The petition claims commissioners erroneously believed owner consent for landmark designation was required. They also failed to appropriately give due consideration to Preservation Board expertise and instead substitute their own “conclusory statements about the owner’s plan for economic development,” the petition says.

The attorneys for the Landmark Society, Matthew C. Lenahan and Kevin J. Federation of Rupp Pfalzgraf LLC, also argue in the filing that the commission relied on contradictory evidence or evidence not on the record. Namely, development plans for the building were referenced, yet none were submitted into the record.

“In fact, in meetings between the petitioner and the owner prior to the hearing, the owner repeatedly said he has no current plans or project for the property,” court papers say.

However, the petition points out that a current LoopNet listing shows renderings for a stylish new three-story structure at 76-94 Anderson Ave., with 60,000 square feet of “dynamic leasable space” that would be available June 1.

The petition contends those renderings “appear to show a total demolition of the building and a new structure being raised in its place.”

Considering the online listing shows a redeveloped building, the petitioner argues, “it appears that there is some contradiction in the evidence presented to the Planning Commission; plans for redevelopment either exist or they don’t; the owner intends to preserve the historic features of the building or he doesn’t. Moreover, part of the stated basis for the Planning Commission’s decision — that the intent is to preserve the historic features of the building — appears to be based not in fact, but on unfounded speculation.”

The Landmark Society is asking the court to void the planning commission’s decision and order the commission to grant landmark status.

Rainaldi, through 76 Anderson Avenue Associates LLC, bought the Cutler building from Rochester Lead Works Inc. in January of 2023 for $572,460. He was part of the development team that re-created the Culver Road Armory and developed HighPoint business park in Victor.

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