Page 6 - Chicago Cooperator Spring 2019

6 THE CHICAGOLAND COOPERATOR — SPRING 2019 CHICAGOCOOPERATOR.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 con- struction of a new building next to or nearby yours, and annoyance can quickly become overwhelming. Clearly, the own- er of the property under construction has a right to build his or her building within the parameters 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 engineer with Klein & Hoffman, a firm that has offices in Chicago and Phila- delphia. “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 pro- vides the existing building proper repre- sentation from an architectural or struc- tural engineering standpoint, as well as a legal standpoint, so they can understand 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 ex- ecutive with Gumley Haft, a property management firm based in New York, “because when the demolition and con- struction starts, it most often does affect adjacent properties.” Getlin goes on to explain that “the contact is made because it will affect their ability to proceed” with the project. “They want a good working relation- ship,” she says. “This enables you to ask for protective measures from them. Usu- ally one of the first things that gets done is an agreement for access to your build- ing, 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 condi- tions 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 portion of their work. Make sure you’re protected. Sitting down and talking face- to-face goes a long way.” 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 ac- tive construction site are still there. In- creases 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 per- sistent side effect of a long-term demo- lition 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 suburban setting the construction noise can become more noticeable. Often it comes down to what a city’s noise ordi- nances are. In residential areas they are often stricter. If noise is produced dur- ing an acceptable time frame put forth through local ordinances, there’s nothing you can do, because they are in compli- ance.” Freedland points out that a good time to deal with this is when negotiating the licensing agreement with the developer for access to your property. “Make sure the work hours are reasonable hours, whatever the local standard is; 7am to 3pm, or 8am to 4pm. And don’t agree to weekend work or evenings. In New York, they can get a permit for work on Saturday from the Department of Build- ings. 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 build- ing, 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 proper- ties, excavation and the construction of new foundations will be required. That’s where the vibrations kick in. Interesting- ly, 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 serious problems like settlement, and might require underpin- ning. This is particularly true in places like Florida, where the natural geology predisposes the ground to sinkholes. The underpinnings used to support these structures are in any event similar to re- medial actions taken to stabilize existing buildings beset with sinkhole problems. Vibrations often “depend on activity EXTERIOR MAINTENANCE Building Demolition Managing Chaos, Minimizing Disruption BY AJ SIDRANSKY ISTOCKPHOTO.COM