Butterfield Developer Files Notice of Suit Against Cold Spring
The battle over the Butterfield redevelopment that has embroiled the Village of Cold Spring for years could now take a turn to the judicial courts after developer Paul Guillaro filed intent to sue the village in a court briefing from early December.
Guillaro, which has started construction where the old Julia Butterfield Hospital site used to be, filed notice in New York State Court of Claims against the Cold Spring government for $2.5 million because current and former village officials intentionally delayed and attempted to thwart the overall project, the notice states. The claim specifically zeroes in on Mayor Dave Merandy, a longtime skeptic of the project.
Claiming the village led by Merandy interfered with the project on a consistent basis for no legitimate public purpose, officials “delayed progress by over a year and caused an explosion of inappropriate expenses,” according to legal papers filed on Dec. 5.
The notice alleged Merandy unlawfully assumed jurisdiction and interfered with all aspects of the project without authority and for personal reasons. He declined comment in other news reports.
The notice, filed by attorney Salvatore Ferlazzo of an Albany-based law firm, stated moving the senior center from Building 2 to the Lahey Pavilion was minor and didn’t need to be reviewed by the Cold Spring planning board, headed by chairman Matt Francisco.
The planning board, before approving the change, went over traffic flow and parking requirements. Eventually, a reduction in parking and other improvements were agreed on.
The notice also alleged Building 3 was delayed for more than a year and the village kept charging Butterfield Realty unlawfully because all charges should be included in the application fees. The notice accuses the village of charging consultant fees to Guillaro that were inconsistent with state law and due process because they’re were either unrelated to the Butterfield project or excessive when connected to the proposal.
The notice also slams the village for delaying or in some cases shielding lawful Freedom of Information Law requests and if and when all those documents are revealed, “will demonstrate the full extent of the illegality of the actions taken by the village.” The village also failed to comply with Open Meetings Law, holding “improper” executive sessions outside of the public’s view in order to stymie the project, the notice claims.
