HomeMy WebLinkAbout20190815 The Grove at Neumann Correspondance MTOT En
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LiJ 2 9, 2019
COMMENTS FORTHE CITY OF SARATOGA PLANNING BOARD MEETING REGM4APROROSALTOAD
NINE ADDiTIONAL APARTMENTS TO THE GROVE (233 LAKE AVENUE)
BY: PETER [VV1NKLER' MSW (TENANT OFAPT. 2OO)
The Grove consists of three buildings on the north side of Lake Avenue in Saratoga Springs. The center
building which is two stories high has apartments on the garden level (basement),first and second floors
and was constructed close to 100 years ago. The other two buildings which are attached-,were built
about five or six years ago and they have tenants on the first, second and third floors. I understand that
at the time of the construction, West Side Management, the owners/builders received permission for a
total of 91 apartments in the three buildings, but fewer than that number were constructed. Now West
Side Management has requested approval to add nine additional apartments to the original building
where I am a tenant. Seven of the apartments are to be constructed on the second floor and two more
on the first floor.
I moved into my apartment (208) during May, 2017 and I subsequently signed a lease renewal on June
10, 2019. I was never informed by the building management of the proposed addition of the nine
apartments when I moved in or even at the time of my lease renewal. About three weeks following my
lease renewal tenants of my building were called to a meeting chaired by our on-site Property Manager
and Portfolio Manager. They announced that the building owners had decided to add 9 additional
apartments to our building and they also distributed some building plans. They indicated that the
decision had been made to construct the apartments and our objections to the construction would not
be considered. We learned that seven of the apartments were to be constructed on the second floor of
our building and each of those spaces would incorporate areas that are not currently roofed. One of the
spaces is adjacent to my apartment and they plan to enlarge it by enclosing a porch the will add
approximately 150 feet.The other two apartments are to be constructed on the first floor in an area that
previously was intended for tenant use as a coffee nook, dining area and kitchen. Mana |ementdid
relocate the coffee nook and installed a smaller dinning area with microwave and small fridge elsewhere
in the building.
would also note that the tenants of our two newer buildings will also be impacted by the proposed
construction. Both buildings are connected to the original building and some of the apartments are
located only a short distance from the proposed apartments. However,the building management is
acting as if there will be no impact on them
Following the initial meeting, Sonny Bonacio, one of the building owners, chaired a meeting on 8/7/19 at
which he distributed a handout entitled "Grove Enhancement Meeting". At this meeting he stated his
intention to move ahead with the construction of the apartments despite tenant objections, but he
failed to inform us that the Planning Board had not yet given permission to do so. He further indicated
that the construction would commence in mid-September and it would continue through March of 2020.
Construction days and hours would be between 8Arvi and SPM every day but Sunday. Concerns were
raised about release of asbestos during the construction and he indicated that an air quality specialist
would be on-site and they would follow Regulations of the NYS Department of Labor. I would note that
the latter Regulations seem to be focused on the health and safety of construction crew and not on the
tenants of a building such as ours where asbestos has to be dealt with. Clearly,the management is
unable to guarantee that there will not be any problems for myself or the other residents during the
construction period. would add that management has not offered alternate accommodations in the
event that issues arise.
REASONS WHY I BELIEVE THE PLANING BOARD SHOULD DISAPPROVE THIS PROPOSAL OR AT LEAST TABLE
THEIR DECISION
1.The original approval for 91 apartments was given at a time when there were no tenants living in my
building. My apartment is immediately adjacent to a proposed apartment and across from another
proposed apartment. Not only will the lease that I signed be violated in regard to my entitlement to
"peaceful and quiet enjoyment" of the apartment (due to construction noise), but my health and safety
will be Jeopardized.There are also other building tenants who reside directly beneath these proposed
apartments. I believe that their health and safety is also endangeredAs Planning Board members will
probably recall, in April of 2016,the City of Schenectady had to condemn an apartment building called
the Nicholas Building. It had been initially constructed a few decades earlier than my building, but
because of demolition of an adjacent building,the Nicolaus building had to be vacated on an emergency
basis and was subsequently demolished. The point I want to make is that what is being proposed for my
building is a heavy duty construction project. I am not an expert regarding such construction, but no
building expert,to my knowledge has done a thorough review of this structure in regard to its integrity
and whether it can withstand the proposed additions. I believe that such an inspection and report
should be done prior to commencement of construction.
Z. The Grove was originally approved by the City for senior citizens over 55. Most of the tenants of
my building including myself are well above that age. There are others who are under 55 who
work out of their apartments. This means that many of us will be at home during the hours that
construction is going on. We have the luxury of sleeping past 8 AM, but we will now be
awakened to construction noises even when we desire to sleep-in . As noted previously, when
we signed our leases we were assured of"quiet enjoyment" and by approving this project the
Planning Board will be aiding and abethng our landlord. Likewise, those same tenants would be
endangered by airborne contaminants.
3. 3. It should be noted that Mr. Bonacio indicated that anyone who was uncomfortable with the
construction would be released from their lease. However, when I had a recent meeting with
rental staff they indicated that such a release would only be granted if we signed a document
which indicates that a condition of such release is that we do not Interfere with other tenants
or building management. .or attempt to influence anyone to cease doing business with the
landlord." I find such a document to be heavy-handed at the least. Furthermore,the landlord is
not offering anything for our moving expenses should we leave even though he wouid have
precipitated our departure and even though he indicates that this is a project costing over$2
4. Another reason we are opposed to this construction is that many of our tenants own dogs and cats
and they will no doubt be adversely affected by the construction noises. When the inevitable
construction noises commence these animals will unfortunately be forced to endure them and at the
same time I would anticipate a chorus of barking that will further increase the noise in the building and
surroundings.
5.This building currently has a serious problem in regard to roof leakage whch has been evident at all
three levels of our building. I have water damage on my bedroom ceiling and walls as well as my utility
room ceiling. There is also water damage on the walls of the halls of the first and second floors and
during the winter there was a leakage problem in our movie theater on the basement level.
Management has delayed making adequate roof repairs throughout the summer, Some of these roofs
are now supposed to become the floor or sub-floor of the proposed new apartments. In addition the
roof of my building contains individual air conditioning units for the current apartments in the building
and I assume that there will be nine additional units installed there, not to mention standpipes for these
apartments. Has there been a thorough inspection of these areas to assure structural integrity?
6.The proposal will entail the addition of nine new bathrooms in our building which will be tied into the
plumbing system of our current apartments. I would note that during the winter our basement tenants
experienced a backup of the sewage system due to a failure of the plumbing system. I understand that
this problem was subsequently remedied but nine additional toilets certainly adds to the burden of this
system. Once, again, has the City inspected this system and approved of these additional nne toilets?
7. Have our surrounding neighbors been advised of this pending construction? I understand that some
neighbors objected at the time of the earlier construction. In addition our closest neighbor is St.
Clements Catholic Church is under 100 feet away and their adjacent elementary school which has a
playground 100 yards or less from the construction area. The Church has services at the same times as
when construction will be going on. Likewise,the school will be in session and the playground in use
during those days and hours. Has an impact statement been prepared?