Peter Kusyk Begins Church Demolition

PORTLAND, Ore. – Although a petition asking Peter Kusyk to reconsider his plans to remove a King neighborhood church has reached 2,110 signatures, the Wilsonville-based developer has begun demolition of the 111-year-old structure and appears to be moving forward on plans to replace it with a duplex.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

Kusyk’s Firenze Development purchased the church, which the Portland Chronicle first reported on April 2, for $382,500 on Dec. 30.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

On March 31 the city received an application for demolition of the 1904 church at Northeast 8th Avenue and Failing Street. Because it is listed on the Historic Resources Inventory taken in 1984, the demolition would have been subject to a mandatory 120-day demolition delay. However, Kusyk requested the church be removed from that inventory list on the same day he applied for demolition. Because it is a voluntary list, the city removed it and granted the demolition permit immediately.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

Following the demolition permit a petition began as an effort to save the church. The situation subsequently received wide media coverage from a number of Portland outlets, including The Oregonian, thePortland Tribune, GoLocalPDX, KGW News and KOIN News.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

Sources state that Kusyk sent a letter to interested parties on April 11, in which he said the following: “I have come to the realization that everyone has their mind made up on this issue. I am amused by some of the tactics people have used to try to hamper this project. I wish they could put that energy toward something more meaningful and helpful to the community.”

Kusyk did not elaborate on what those “more meaningful” projects could entail.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

However, despite the over 2,000 signatures on the petition Kusyk has moved forward with the demolition. A large hole was gouged out of the east side of the church April 22. The sidewalk remains open to passersby.

While permits list Firenze Development as the contractor on the demolition, in a citizen video demolition workers indicate they are from Westside Excavation. While a business permit for this name is not active, an associated business called Westside Topsoil LLC is active and registered to David Brawand in Gaston.

In the video, the Westside Topsoil LLC crew is asked to produce proof of asbestos abatement.

“Yeah, well, I don’t have it here, so…” A worker responds, adding that Kusyk would have to be contacted for that information.

According to OAR 340-248-0270, when an asbestos survey is performed the owner of the facility must “keep a copy of the survey report onsite at the facility during any demolition or renovation activity.”

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

According to the Construction Contractors Board Westside Topsoil LLC does not have a Lead-Based Paint Renovation license, although this does not appear to be a violation of Oregon law.

Although the Oregon Health Authority states that it created the 2010 Renovation, Repair and Painting Rule because “common renovation activities like sanding, cutting and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children,”  it goes on to explain that only contractors conducting renovation, repair and painting projects are covered by the rule.

This suggests the rule does not cover the very premise outlined in its introductory paragraph.