As a vocal minority continue their full-throated opposition to a proposed downtown senior living complex at the corner of Pennsylvania Ave. and Liberty St., one entity – the developer, Hudson Companies – has largely stayed out of the fray.

That changed at last week’s council meeting.“What I don’t understand about even presenting something like this to council,” Kelley Coey, Hudson Companies’ director of development, told council last week, is “we’ve been working with the city for five years to get this project approved.”

Coey told council that they “have all our permits and approvals in and. We’ve gone through the Section 106 process and gotten approval through SHPO (State Historic Preservation Office) through an MOA.”

Coey questioned “Why this suggestion would even be brought up when we have completed everything including zoning by right and special exception, permits and we are ready to close and begin construction shortly.”

“We’re a little baffled by this,” she said. “(We) hope the council does not even entertain this.”

Councilwoman Danielle Flasher asked the broader question of whether it’s even possible to move the project.

“If it’s not then it’s a moot point,” she said. “If it’s not viable then it’s not viable.”

“You can’t just move it without costs,” City Manager Mike Holtz said. “Hudson has gone through considerable prep, architectural drawings.”

“The application, the site, everything is tied to the financing application,” Coey said. “You can’t just pick up a project and move it. You will not obtain your financing.”

She said a new site would put the project back to square one.

“No, you cannot just pick up and go to a different site,” she said. “Everything is tied to the site you submit and the site that you own.”

“The actual number that’s been spent so far is close to $2 million,” Ron McCall, Hudson’s counsel explained.

Coey said the total may be higher.

One of the criticisms has been the historical review process required under Section 106 under the National Historic Preservation Act.

Opposition in a federal lawsuit said that process was not complied with “by not assessing potential adverse effects of the project and resolving the housing project’s adverse effects to historic properties” and “stop any construction that has already begun until the Section 106 process is completed again.”

“The reason the 106 process was started when it was started – January 2023 – was because we hadn’t received our funding yet,” Coey said. “Once you’re awarded you then proceed through the Section 106 process.

“It is a very expensive process.”

“Permits have been issued for demolition and building,” McCall said. “Hudson throughout the process has acted with diligence, complied with all laws, acted in good faith.”

He said that Hudson has “vested rights in the issued permits.”

“You cannot impose additional requirements on a developer that is promoting low-income senior housing than you would impose on other developers,” McCall added. “That is absolutely actionable fair housing discrimination.

“It’s unfortunate that we are where we are. The horse has left the barn. We’re moving toward a closing. This is not the time to consider whether or not there should be a project.”