Page 8 - New England Condominium March 2019

8 NEW ENGLAND CONDOMINIUM
- MARCH 2019
NEWENGLANDCONDO.COM
C
ities are crowded. That’s a simple
fact. In the best of circumstances,
there’s noise, dirt, dust, and the
usual urban pests. Add to that the construc-
tion of a new building next to or nearby
yours, and annoyance can quickly become
overwhelming. Clearly, the owner of the
property under construction has a right to
build his or her building within the param-
eters permitted by local zoning and other
ordinances. But what about the neighbors?
What can they do to preserve their sense of
peace and home amid a banging, booming
and clattering process that can easily last
months – or even years?
Where to Start Before They Get Started
Kathleen Strnad is an architect and engi-
neer with Klein & Hoffman, a firm that has
offices in Chicago and Philadelphia. “The
first thing we recommend to our clients is
to start a discussion with the developer and
their team, so that communication begins
even before ground is broken,” she says.
“This provides the existing building proper
representation from an architectural or
structural engineering standpoint, as well
as a legal standpoint, so they can under-
stand what the demolition, excavations,
and new foundation system’s impact might
be to their building.”
“Typically, the developer of the new
property approaches the existing neigh-
bors,” says Sara Getlin, an account execu-
tive with Gumley Haft, a property manage-
ment firm based in New York, “because
when the demolition and construction
starts, it most often does affect adjacent
properties.”
Getlin goes on to explain that “the con-
tact is made because it will affect their
ability to proceed” with the project. “They
want a good working relationship,” she
says. “This enables you to ask for protective
measures from them. Usually one of the
first things that gets done is an agreement
for access to your building, so they can do
an existing conditions survey. You want
that survey done, and done by a licensed
engineer.” The survey will produce a report
of property conditions before work starts,
so that you have a baseline to compare to
and know if there’s been damage after the
work starts.
“These agreements are called license
agreements,” says Andrew Freedland, an
attorney specializing in co-op and condo
representation at Anderson Kill, a New
York City-based law firm. “Chances are if
there’s a construction project going on next
door, they’re probably going to need to
come into your property to do some por-
tion of their work. Make sure you’re pro-
tected. Sitting down and talking face-to
-face goes a long way.”
Ellen Shapiro, a partner at the law firm
of Goodman, Shapiro & Lombardi, with
offices Massachusetts and Rhode Island,
says she has never seen the type of agree-
ment described above and commonly used
in New York. “In the Massachusetts sub-
urbs,” she says, “a developer is required to
give notice of blasting by local laws to all
nearby and adjacent owners. The developer
is not required to do anything else. What a
responsible condo board should do is tell
all owners in the association to take pho-
tos of their units before the blasting occurs,
and to take photos of the exterior of the
property, so that if there is any damage you
have evidence of it. If proper notification
had not been made and blasting is about to
begin, call the police.”
The Reality of Being
the Next-Door-Neighbor
While efforts to protect you and your
neighbors are available and advisable, the
reality of living next door to an active con-
struction site are still there. Increases in
noise, dirt, dust, vibrations, traffic, pests
and vermin, and some level of general
misery are kind of inevitable. In addition
to a license agreement, other plans must
be made to protect you and your property
during the demolition and construction
period.
Noise
Perhaps the most obvious and persistent
side effect of a long-term demolition and
construction project is noise. “It is a factor
with any construction,” says Strnad. “The
level will depend on the type of activity.
In the city center you’re more accustomed
to noise to begin with, but in a more sub-
urban setting the construction noise can
become more noticeable. Often it comes
down to what a city’s noise ordinances are.
In residential areas they are often stricter.
If noise is produced during an acceptable
time frame put forth through local ordi-
nances, there’s nothing you can do, because
they are in compliance.”
Freedland points out that a good time
to deal with this is when negotiating the li-
censing agreement with the developer for
access to your property. “Make sure the
work hours are reasonable hours, whatever
the local standard is; 7 a.m. to 3 p.m., or
8 a.m. to 4 p.m. And don’t agree to week-
end work or evenings. In New York, they
can get a permit for work on Saturday from
the Department of Buildings. Make sure
you include that in your agreement, so you
don’t have to listen to construction all day
on Saturdays.”
Dust and Debris
Dust and debris are as pervasive in
demolition and construction projects as
noise. “To minimize dust and debris par-
ticulate during demolition of an existing
buildings developers can ‘water-down’
the site,” says Strnad. “Basically, they hose
down materials to capture airborne dust.
As they demolish an existing building, they
keep wetting it to minimize dust. They can
also use fabrics to shield the area. Watering
is the most efficient method.”
Vibrations
After demolition, particularly with the
construction of high-rise properties, exca-
vation and the construction of new foun-
dations will be required. That’s where the
vibrations kick in. Interestingly, according
to Strnad, taller buildings are on deeper
foundations, so they are more protected
from foundation damage caused by next-
door digging, blasting, and pile driving.
Shallower foundations might have more se-
rious problems like settlement, and might
require underpinning. This is particularly
true in places like Florida, where the natu-
ral geology predisposes the ground to sink-
holes. The underpinnings used to support
these structures are in any event similar to
remedial actions taken to stabilize existing
buildings beset with sinkhole problems.
Building Demolition
Managing Chaos, Minimizing Disruption
BY AJ SIDRANSKY
ISTOCKPHOTO.COM
EXTERIOR MAINTENANCE
continued on page 20