Plans for thirty townhouses units on Lakefront Commons in Waterfront Village have been blocked by neighbors who claim the freshly designed units would not ‘fit in’ with their units, some of which date to the mid-1980’s. Judge Gerald J. Whalen has sided with residents who have a covenant in their CC&R’s regulating exterior appearances of the buildings within the development, a private cul-de-sac located between LaSalle Park and the I-190.
The 30 townhomes proposed by Nemo Development LLC in 2008 were distinctly modern but not a radical departure from the existing 52 units in the development. TRM Architecture, Design & Planning, P.C. designed the new townhomes. All units would have three stories plus a garage. The third floor was to include a terrace that would offer a view of Lake Erie. Each would have about 2,250 square feet and two bedrooms.
The project was approved by the City but neighbors sued to block construction. Matt Glynn has the story in The Buffalo News:
State Supreme Court Justice Gerald J. Whalen issued a permanent injunction blocking Nemo Development LLC from building the townhomes as planned, saying they would be visually incompatible with other structures in the neighborhood abutting LaSalle Park.
In his order, Whalen said the height and design of Nemo Development’s proposed structures did not conform with a covenant governing the exterior appearance of buildings in Lakefront Commons.
“The lack of conformity violates the covenant that the current building owners bargained for and as such have a right to enforce,” Whalen said in his order.
After a three-day nonjury trial last July, Whalen signed his order late last month. The judge cited a number of differences between what Nemo Development proposed and the current structures in Lakefront Commons. The proposed structures would be three stories, instead of two, and would be nearly 9 feet higher, he wrote.
The new structures would have a single-pitched roof and a 500-square-foot observation deck, while the current structures have a double-pitched roof and no observation deck, he wrote.
The 1.28 acre parcel is the final piece of the Lake Front Commons development. Construction of what was originally intended to be 78 townhome units proceeded in fits and starts since construction began in 1986. Original developer John Chew completed 16 units before being foreclosed on by Marine Midland Bank in 1988. Another 28 units were later constructed by Jack Decker.
In 2005, Ellicott Development purchased land at the end of the cul-de-sac and completed eight townhome units at 426-435 Lakefront Boulevard. Originally intended to be for lease, each of those units quickly sold at an average price of $245,000.
Nemo Development is contemplating its next step. Among the options are appealing the judge’s decision, modifying the design, or scrapping the project completely. From the News’ story:
Jeffrey Reina, who represented Nemo Development in the case, said the developer is “currently examining its options.”
“My client is obviously disappointed in the court’s ruling and views the decision as another setback to development on the Buffalo waterfront,” Reina said.