Watermark Pointe homeowners demand $5M for too much water

By Bill heltzel / bheltzel@westfairinc.com

Watermark Pointe condominiums in

New Rochelle

—

with its spectacular panoramic views of Long Island Sound and private beach and swimming pool — is all about water, as its name implies, but sometimes you can have too much.

The homeowners are demanding $5 million from the project sponsor, contractors and architect for alleged faulty designs and construction that allowed water pipes to freeze, burst and flood several apartments.

Watermark Pointe Homeowners Association accused Zinrock Resources L.P., Regional Construction Corp., R.S. Granoff Architects P.C., and Southport Engineering Associates P.C. of negligence, in a complaint filed July 19 in Westchester Supreme Court.

The condos were built on the former Beckwith Pointe beach club property at the southern tip of Davenport Neck.

“We’re selling water views,” Robert C. Baker, Zinrock’s principal said at the groundbreaking in 2017. “There are no views like this anyplace.”

The $100 million project comprised nine, four-story buildings with 72 apartments that were to be offered for $1.5 million to $2.5 million. All of the units have been sold, according to the lawsuit.

This past Dec. 26, frozen sprinkler pipes burst in three buildings.

One of the leaks “wreaked havoc” on four apartments, the garage and ground—floor lobby of one building. A leak in another building heavily damaged an apartment. Other leaks caused less damage but made it clear, the complaint states, “that a full-scale design and construction review was required.”

The review allegedly revealed inadequate insulation and “thermal envelope weaknesses” throughout the development.

Uninsulated air ducts and fire system sprinkler pipes, for instance, were found running through attic spaces above kitchen cabinets and balcony closets to outdoor air vents.

Thus, on cold days, outside air cools the enclosed spaces and sprinkler pipes.

On Dec. 25 – 26, New Rochelle was subjected to freezing temperatures and strong winds. Sprinkler pipes froze, expanded and broke.

Around 5:04 p.m. on the 26th, water began flooding one building, according to the complaint, and a short time later a pipe burst in another building.

The homeowners association claims that the condos were not designed and built in accordance with the offering plans and building codes.

General Casualty Company of Wisconsin has paid a claim to the homeowners association for the cost of fixing the damaged areas. Now the association wants at least $5 million to fix remaining defects throughout the property.

The homeowners association claims that Zinrock has “refused to engage.”

But Wayne Heller said for Zinrock that “The unfortunate events, which took place under extreme weather conditions of near zero temperatures are being remedied.” Heller is an associate counsel for National Realty

& Development Corp., the parent company of Zinrock and Regional Construction Corp.

He added, “Watermark Pointe is an extraordinarily successful and valuable luxury condominium community, which we are proud to have developed.”

R.S. Granoff Architects, of Greenwich, Connecticut; and mechanical, electrical and plumbing contractor Southport Engineering Associates, of Ridgefield, Connecticut, did not reply to emails asking for responses to the allegations.

The homeowners association is represented by White Plains attorney James R. Anderson.