Battaglia Demolition owner to be put behind bars

BUFFALO, N.Y. (WIVB) — The owner of a shuttered Buffalo demolition company has been ordered to report to jail early next month.

Residents spent years trying to convince Peter Battaglia, the owner of Battaglia Demolition, to clean up his site, but it never happened.

Battaglia’s former demolition site at 1037 Seneca St. in the Seneca-Babcock neighborhood has been an ongoing battle since 2016 — that’s when the state flagged Battaglia for operating without the required environmental permits.

The site has been closed, but neighbours say the decision does not solve the problem.

“I’m a little sad that it came to this because we were willing to work with him,” said Jack Wagner, a 64-year resident of the Seneca Babcock neighborhood.

Before being flagged for operating without the required environmental permits, neighbors directly behind the site on Peabody Street complained about horrible living conditions for years.

“We still have to clean it up, we still live with the rats, we still live with the silica dust, with the concrete there,” said Peabody Street resident Diane Lemanski. “You can see how tall the grass is. He hasn’t been back there since before it closed in 2018.”

Complaints and legal battles led a state Supreme Court judge to order Battaglia to shut down its operations in 2018 and clean up the site to avoid $20 million in penalties.

Three years later, a fire broke out at the site, causing $300,000 in damage, leading the city to demolish the area. Buffalo City Council member Bryan Bollman, whose district the site falls within, said those factors added even more health risks to surrounding homes.

“All they want is a better quality of life. Living next to this landfill has created a lot of environmental problems for them,” Bollman said. “I’m glad to see a decision has been made.”

A court document revealed that Battaglia said he did not have the money to remove the material, prompting a contempt of court ruling.

He therefore risks a six-month prison sentence and will have to return to court on August 1.

“If you go to jail for six months, we’ll see you in six months, but you still have to clean up your belongings,” Wagner said. “You still have to take care of them.”

An arrest warrant will be issued for him if he fails to appear.

“It’s a kind of closure, but not enough. We need the final stage of cleaning up,” Lemanski said.

“I’m glad to see this case is being taken seriously,” Bollman said. “We need justice for these residents.”

Bollman said Battaglia owns more properties in the neighborhood, similar to the gated home and vacant lot on Peabody Street.

The only reason it’s not overgrown: the neighbors.

“My brother pays someone every week to mow this lawn,” Lemanski said. “Even though he’s not there physically, he’s there in appearance and he’s hurting us.”

Councilman Bollman said the next steps will be to see if Battaglia surrenders on Aug. 1.

The proposed ordinance does not allow any future industrial use of the property, but it is up to the city of Buffalo to determine when cleanup can begin, he said.