Facing court roadblock, North Crossing developer seeks Hartford approvals for 528-unit apartment building

As Hartford’s lawyers try to fend off a legal challenge from a developer sacked from the construction of Dunkin’ Donuts Park and surrounding apartment blocks, a subsequent developer has finished one apartment building and is seeking local approvals for the next should the city prevail in court.

The 6,000-plus seat Dunkin’ Donuts Park was completed in 2017, following a construction project that was delayed by a year and which saw costs jump from an initial $56 million budget to $71 million.

The city blamed Middletown-based Centerplan Cos., terminating it as both the developer of the partially complete stadium and revoking the right of an affiliated limited liability company to build apartments on nearby city-controlled lots.

The city worked with Centerplan’s insurer to complete the stadium and picked Stamford-based RMS Cos. to build on the lots. The company recently finished a 270-apartment building just south of the stadium, across Trumbull Street.  

RMS CEO Randy Salvatore had planned to roll right into construction of a second development – a 522-spot parking facility attached to a structure with 528 apartments — on a site just southwest of the stadium, across Main Street.

That effort has been stymied by developments in Centerplan’s ongoing appeal of its termination. The appeal was granted new life in May, when the Connecticut Supreme Court ordered a new trial of Centerplan’s appeal. Earlier, a Superior Court jury had sided with the city, ordering Centerplan and affiliated DoNo Hartford LLC to pay $335,000 in damages.

Centerplan, in July, filed an amended complaint seeking to have RMS Cos. named as a co-defendant and asserting its right, and ability, to build on the lots around Dunkin’ Donuts Park. Centerplan also asked for an injunction against additional construction.

Centerplan argues there were problems with the stadium design that was drawn up during a period in which the developer did not have control over the project architect. The company’s attorney, Louis Pepe of McElroy, Deutsch, Mulvaney & Carpenter LLP, asserts the city falsely accused the company of a default to shift responsibility for cost overruns it could not afford.

Centerplan’s suit also blames the city for failing to provide contractually required notice of default and says the city did not give Centerplan an opportunity to cure alleged deficiencies.

The city has filed a motion to dismiss the portion of the lawsuit in which Centerplan asserts continued rights to develop city-owned properties. The next hearing in the lawsuit is scheduled for Dec. 5.

Meantime, Salvatore has filed a Planning and Zoning application with the city, seeking zoning relief needed to pursue construction of a 522-space parking garage and a 528-unit apartment building on roughly 5 vacant acres surrounded by Main Street, Trumbull Street, Chapel Street North and Pleasant Street. The development would include about 20,932 square feet of amenities, 4,496 square feet of retail, three courtyards and a rooftop terrace, according to his application.

The application seeks to combine a dozen lots into a single development lot. He is also asking for zoning relief that would allow first-floor apartments along Chapel Street North and Pleasant Street; as well as the ability to put the entrance to the garage along Main Street.

Salvatore’s requests were scheduled to go before the Planning and Zoning Commission Tuesday night, but the item was postponed to December, giving RMS more time to submit final drawings. 

Salvatore said there is no rush, as RMS needs to wait for a court answer before moving ahead. Salvatore said he hopes to proceed with construction early next year, but it would be impossible to be certain of the timing of a court resolution.

“While in the meantime I wanted to get all of the (local) approvals done, so we are ready to go,” Salvatore said. “We need the approvals, and we need the case to resolve, so we are working on parallel tracks.”