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FORESTVILLE - "The (Forestville) Depot has been saved for posterity," according to Chautauqua County Legislator Robert Duff ... or at least part of it has.

Recently, Forestville resident Sherman Bailey took it upon himself to preserve a once iconic, now historical site in the village by purchasing and investing in the old Forestville Depot, which was in an advanced state of disrepair and officially declared a public hazard in November 2008. Although the entire structure wasn't saved - with the rear section beyond repair - a significant portion of the Depot was salvaged and is currently in the process of being remediated and partially restored.

"I was very happy that it was able to be saved, because that's history and it's the history of my town," Duff said.

On Feb. 4, 2009, the Chautauqua County Legislature's Administrative Services Committee - chaired by Legislator Stephen Keefe - approved the sale of tax liens for the Depot property to Bailey for $110 upon the request of legislators Duff, Larry Barmore, James Caflisch, Wally Huckno, Jerry Park and David Wilder. In addition to payment, Real Property Services Director Alice Growley explained, the tax liens were assigned to Bailey under the condition he bring the structure into complete code compliance, either through demolition or remediation, to the satisfaction of Hanover Code Enforcement Officer Linda DeFries.

Bailey soon made good on his word, performing a substantial portion of the necessary work over the next two months.

"I've been trying since 2003 to get people interested in doing something (about the agway properties)," Park, one of the legislative representative for Forestville, said. "It's taken six years now and finally the last piece of the puzzle (is falling into place)."

After razing the dilapidated rear section of the Depot, leaving only the east wall, Bailey closed off the remaining structure with the free-standing wall. He was also able to salvage the observation window from the rear section - an important architectural identifier of the Depot - which was re-attached to the front end.

Although Bailey could not be reached for comment, Duff said, as of early April, the Depot building is now in compliance enough to avoid complete demolition, a fate which seemed imminent less than six months earlier.

"To my knowledge, it is significantly up to code," he said. "... It's there and it's no longer an eye sore or a health risk."

In addition to the labor and money already invested to remediate the Depot, Duff said Bailey plans to put on a new roof and repaint the entire building, when weather and time permit. However, he added, there will be no changes made to the interior of the building which will be preserved as is.

Eventually, Duff said the Depot will be posted with a sign reading "Bailey's Station," as well as the Erie Railroad logo and an historical marker reading "Forestville, NY 1851." Although the Depot building will be private property, owned by Bailey and expected to be used for equipment storage, Duff claimed it will ultimately be preserved as an historical landmark in the village.

After a lengthy and litigious battle over the fate of the Depot, combined with the near collapse of the structure and all hope of saving it, how did such a derelict building find such a favorable end?

According to Duff, Bailey acquired the tax liens when the initial holder, Aimee Rogers, who hoped to restore the neglected Depot building, was unable to secure the deed from delinquent property owner, Joseph Guadagno - nor even allowed to set foot on the property to meet the conditions established by the county legislature.

"Evidently, from what happened, Mrs. Rogers was unable to obtain the tax (deed) from the previous owner," he explained. "... After so many months had passed and nothing was done in regards to obtaining the property deed, the county had no choice but to say that she had not performed."

During this time, the Depot had become progressively deteriorated, forcing the closure of Erie Street in the village, and was declared a public health hazard.

Essentially, Rogers entered into a contract with the county, Duff said, and when the conditions of the tax lien sale weren't met, he said she unwittingly violated the terms of their agreement. However, this left the door open for Bailey to eventually make an offer to bring the Depot property up to snuff, this time with backing from the county legislature and the property owner himself.

"The county accepted (Bailey's proposal)," Duff said, "... but with conditions, and those conditions were a little tougher than they were the first time. Sherman got it done."

Guadagno is the current owner of record, with $12,190 owed in back taxes - not including 2009 county and town taxes. However, according to Growley, if Bailey secures title to the property, either through eventual foreclosure or deeded directly by Guadagno, the taxes would be marked as paid per the county legislature's resolution assigning Bailey the tax liens.

Ultimately, Duff criticized past and present village officials in Forestville for failing to assist in the preservation of the Depot as an historical site. Fortunately for future generations, the Depot will remain a fixture in the community and a reminder of unique place in the history of Chautauqua County.

"(Bailey) saved a lot of the artifacts that were of historical nature," Park said regarding the results of Bailey's restoration efforts. "This should have been preserved years ago before it went too far into disrepair, but ... (Bailey has) done an excellent job of redoing all the land and getting rid of the old buildings and waste."

Comments on this article can be sent to jcuthbert@observertoday.com.