The owner of an apartment building in downtown Pelham is allegedly delaying construction of an adjacent apartment building by blocking installation of mandatory safety equipment.
An affiliate of The Hudson Companies Inc. petitioned Westchester Supreme Court on Aug. 8 to compel the Lincoln Apartments to allow the developer to install scaffolding and other equipment on the old building to protect it while new apartments are built next door.
Refusal to grant access to install safety equipment is causing costly delays, according to an affidavit by Joseph K. Riggs, of the Hudson Companies, and the developer’s hardship outweighs any temporary inconvenience to the Lincoln Apartments.
Lincoln Apartments is a 4-story structure that houses 28 families and has ground level stores at the corner of Fifth and Lincoln avenues.
The Hudson Companies want to build Pelham House, a 5-story structure with 127 rental apartments and ground floor retail space at 217 Fifth Ave., the site of a fire station. The village has agreed to swap the fire station and a large public parking deck for a vacant lot across the street, where the developer will build a new fire station, police department and village offices.
As of mid-2022, the apartment building was expected to cost about $77 million and the municipal center $20 million.
Builders are required to protect nearby properties during construction, according to the petition, and to bear the full costs.
The Hudson Companies proposed installing fencing, scaffolding with nets, weatherproofing and other equipment to protect the Lincoln Apartments’ rooftop, windows, facade, and foundation, as well as the residents and the general public, for about 18 months.
The developer has been trying to negotiate a license for access to the apartment building since June 2023, according to an exhibit included with the petition, and it has been ready to begin construction since November 2023.
The developer proposed adding the Lincoln Apartments to a $12 million insurance policy and to reimburse the owner for reasonable legal fees.
The owner allegedly refused to cooperate or negotiate in good faith.
This past December, for example, a lawyer representing the Lincoln Apartments rejected the developer’s proposed license, and attached a cease and desist document to the email.
In January, the lawyer messaged that the Lincoln Apartments partner and manager, Ed Flanagan, was concerned about the physical safety and emotional health of the families that live in his building.
“The financial support you are providing does not, and cannot, alleviate these potential concerns,” the email states.
As recently as July 2, the lawyer notified the developer’s attorney that Flanagan “remains adamant that he will not consent to any work being done.”
The developer is asking the court to grant a license for access to the Lincoln Apartments for 17 months that will allow installation, monitoring and removal of safety equipment. The developer also asked the court to make the Lincoln Apartments pay its legal fees, for forcing it to bring the legal action and for wasting the court’s resources.
William A. Bottiglieri, a Somers attorney who represents the Lincoln Apartments, did not reply to an email asking for his client’s side of the story.
