October 6 2023
2022
August 17 2022
Hello Harborside Owners
Due to lack of availability, the Annual Meeting of unit Owners has been rescheduled until Wednesday, August 31, 2022 @ 6:00PM. Meeting location will be announced shortly.
Sincerely,
Kimberly Lord
Lesley Management, Inc.
Property Management Services
August 16 2022
Hello Harborside Owners
The Board of Trustees invite you to join the Y2022 Annual Meeting of Unit owners on Tuesday, August 23, 2022 @ 6:00PM. The location and option to join remotely will be announced shortly. We look forward to seeing everyone then.
Sincerely,
Kimberly Lord
Lesley Management, Inc.
Property Management Services
May 12 2022
Dear Harborside Owners
A few owners have submitted a claim into their HO6 policy in an effort to obtain coverage for the recent notice of supplemental assessment. Accordingly, to assist in this, we have attached a letter further explaining the need for the supplemental assessment and the required work on the property. We share this information, again, in hopes that it may be of assistance.
-Kimberly Lord
On behalf of Harborside Condominium Trust Board of Trustees.
2021
May 12 2021
To the Building D Owners,
We are writing in response to recent concerns raised regarding the lack of progress with the D Building Egress and Decking construction project. This memo is not a rejection of a proposed meeting between the owners of D building and the Board of Trustees, but rather an effort to inform you of our strong desire to continually move this project along and organize a meeting as soon as possible.
Many people today are using the COVID Pandemic as an excuse when projects are stalled. While we will not use this excuse, we need to take into account, however, that COVID-19 had an impact on the engaged contractors (the architect and the engineer).
The Board of Trustees are logging well over 20 hours a week, as volunteers, trying to keep Harborside on an even keel. Even mother nature, damaging the parking lot, has not cooperated with us. The D Building project is one of the many challenges facing Harborside.
Even with all of these constraints, last January, the Board felt confident and comfortable that the architect and engineer we engaged were making good progress with obtaining the necessary Marblehead approvals before the Historic and Conservation Commissions (both in hand); and in parallel, allowing the engineer to move from the conceptual drawings to the development of the detailed engineering drawings required for both the Zoning Board and as a requirement for obtaining meaningful construction cost estimates from contractors.
In late April the Board received notification that the engineering drawings had not made any progress, that the agenda for the May Zoning Board meeting was full and it would likely be June or July before we could get before the Zoning Board. When challenged as to account for their delay, our architect and engineer, backed out telling us they could no longer support the project. Last Wednesday the responsibility for developing the detailed engineering drawings was contracted to Structures North for completion. Jeff Tucker and Al Dennis are no longer involved.
Currently, the Board is working with Ed Moll (Structures North) and Paul Lynch (Marblehead attorney) to guide us through the final steps in the permitting process with the Zoning Board. We will get this in front of the Zoning Board as soon as we have an opening. Our new engineer is working to have the detailed engineering drawings available by the third week in May. We will then be able to continue with the Zoning Board permitting process and outreach to construction companies for their bids.
Two construction companies have already been on site to get a firsthand view of the proposed project but are waiting on the final engineering drawings to make their bids. Banks have also been contacted to explore alternative financing options, but they too need to know more specifics around cost and project scope to offer anything specific. The Board has also been working with the ad hoc internal Finance Committee to explore alternative approaches to funding (e.g., loans, assessment, and fees either individually or in combination). There are many moving parts to this project and the Board has tried to communicate much of this via the newsletter, albeit in summary form. Let us assure you that everything we printed in the newsletter reflected the situation as we knew it at the time of publication. The Board strives to be transparent but given the complexity and ongoing evolution of the project it is difficult to keep everyone fully and continually informed.
The Board also understands that there are safety concerns, particularly around Bert and Liz’s unit. As we have done in the past, we will continue to strive to do everything possible to urgently address any issue that compromises safety.
We do understand and frankly, share your frustration. Thank you in advance for your continued patience and understanding.
A meeting will be set up in the near future.
Harborside Trustees
2020
December 16 2020
Dear Unit Owners
Please see the attached letter from the Harborside Condominium Trust Board of Trustees regarding onsite parking. Thank you.
Sincerely, Kimberly Lord, Lesley Management, Inc., Property Management Services
September 28 2020
Dear Harborside Owners
Please see the following message from the Harborside Condominiums Board of Trustees. Thank you.
The Harborside Trustees require that any non-emergency situation (including a move) that impacts, physically or on the privacy of another owner’s property, will require prior approval of the impacted owners through Lesley Management.
Sincerely,
Kimberly Lord
Lesley Management, Inc.
Property Management Services
July 27 2020
The Harborside Board of Trustees invite you to the attend the Year 2020 Annual Meeting of Unit Owners, scheduled for Wednesday, August 5, 2020 @ 5:00 PM via Zoom. Please submit any areas or specific questions you would like covered by the Board of Trustees to Management by close of business on Monday. August 3, 2020.
Following please find information to join the meeting.
Topic: Harborside Annual Meeting
Time: Aug 5, 2020 05:00 PM Eastern Time (US and Canada)
Join Zoom Meeting
https://us02web.zoom.us/j/82372641926
Meeting ID: 823 7264 1926
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July 23 2020
Dear Harborside Owners
I remember when electronic mail was becoming an accepted means of communicating on a regular basis. Based on yesterday’s exchanges, however, it has become, at times, a replacement for civil discourse, discussion and achieving consensus. It is not helpful or productive. I have no doubt everyone has the best interest of Harborside in putting forward what they think.
We can disagree, and we have, but let us begin by doing it in a civil and informed fashion. We each have a piece of this gem by the harbor. We don’t need to agree on everything but let’s agree about this; we don’t want to be the one to fracture the gem.
Let’s start by listening to and talking, not emailing, to the two good candidates who have put themselves forward. Don’t vote because you are angry, vote because you are hopeful. But vote. Harborside has evolved over the years and continues to do so. No matter how long any of us have lived here, we all have chosen to live here. We have a shared interest in moving forward. We need to move forward with the thought that a collaboration of ideas will better solve the issues each of us feels is most important.
We need to lift each other up so first, our lives are peaceful and, second, our investments are protected. We are entering a phase of growth so please, please let’s come together, communicate in a civil open fashion.
Jay Carty, Board Chair HCT
July 22 2020
Response from the Board of Trustees to emails (sent to all owners)
John
Please allow this to be the one and only response to the flutter of emails… To be clear the nomination letter is sent to Management and the Board only. Sharon’s reference was to a selectively distributed follow-up letter (email) that was the subject of David’s email response earlier today. Management DOES NOT send out personal emails in support of one candidate or another.
Let’s stop these emails as no good will come from them and allow everyone to make up their minds as to whom they would like to serve on the Board.
-Harborside Condominiums Board of Trustees
April 24 2020
To Harborside Owners
We are going to have a Board Meeting on May 4th at noon. Owners are invited to listen in using our normal telephone link-up. The general topics we are planning to discuss are:
Review of financials
Review of project spread sheet
Update on the status of the D Building egress and Gutter Installation prospects
Discussion about potential review of Insurance plan alternatives
Answer submitted questions from owners
Attached to this email for your reference is the project planning spreadsheet used by the Board which covers discussion for projects now and into the future.
With regard to review of our insurance plan alternatives we are considering establishing a committee made up of a number of owners and a trustee. Let us know if you would be interested in participating on the committee.
We are limiting the meeting to one hour. We will only be answering written questions submitted to Management. If you have any questions please send them to Lesley Management no later than April 30th.
You will be receiving the usual conference call invitation prior to the meeting.
One last item as a reminder to all owners: If you rent out your unit to anyone you must inform Lesley Management. You must provide names of renters, contact information; effective start and end date; car description and license plate information; and a copy of the lease in accordance with the Rules and Regulations. Any pets must have written approval from the Board. Failure to do so creates a potential hazard for other owners as well potential insurance claim exposure.
Thank you
Harborside Board of Trustees
April 13 2020
Dear Harborside Owners,
The Trust typically would have an Open Board meeting early in the New Year. However, we have not yet had the opportunity to do so. Certainly the unprecedented times upon us all now have further complicated the ability to hold such a meeting.
Although there has not been an open meeting, please allow this email to confirm that the Board of Trustees has been actively working on a number of issues facing the Trust. In particular, the Board has been involved in regular meetings with Tucker Associates, the architect hired for the D Building egress system.
Covid-19 has made us delay work on other projects being worked on, but again, the Trust is in contact with various vendors and work will continue as soon as some of these bans are lifted. It is the intention of the board to entertain the Open Board meetings once Social Distancing is behind everyone and in the interim, the Board will communicate updates on the various projects once they are available.
Sincerely,
-Harborside Board of Trustees
March 16 2020
The Harborside Trustees (and management) are making every effort to stay up to date concerning the ongoing evolution of the coronavirus situation in our community, and its potential impact at Harborside.
We encourage all residents to stay apprised of general information about Covid-19, including symptoms, treatment, reporting, and general health and well-being, to refer to updated federal and Marblehead public health advisories, and to follow all recommended protocols as established by them. Some excellent resources are:
We are all in this together. We must be extra diligent to ensure that we are protecting ourselves, our loved ones and our neighbors as this pandemic unfolds in our community, our country and throughout the world.
Stay safe and well.
Harborside Board of Trustees
2019
December 23 2019
Dear Fellow Harborside Owners,
As we near Year-End 2019 the Board felt it would be a good time to review activities and accomplishments of 2019 and our hopes and plans for 2020.
First and foremost, despite a large amount of work required and undertaken at Harborside in 2019, both planned and unexpected, we avoided any fee increase or assessment. The reserve account was tapped for the first time and was much of the reason that we could avoid any assessments for the year. We anticipate at year-end that the reserve account will show a net decrease of $50,000 from the level at the beginning of the year. Next year we will resume our annual budgeted $44,000 to the reserve account and do not plan to raise fees for the 4th year in a row while undertaking several key projects in 2020 and beyond, which we will touch on shortly.
Before we address the activities we want to be clear about how the Board views its responsibilities as they relate to adherence to the Association’s Rules and Regulations. The R&R have been painstakingly put together by Boards past and present with one goal in mind: the preservation of everyone’s right to the “peaceful enjoyment” of their property consistent with legal requirements. Every one of us agreed to adhere to these rules and regulations when we purchased our units. Not some of the time. Not only with the rules we agreed with. Not only when it’s convenient to do so. When any individual owner violates the covenant of trust, which is exactly what our Rules and Regulations represent, it is a direct affront to all owners. The Board views such violations as serious matters. Any owner who repeatedly violates any of the Association’s Rules and Regulations will be subject to corrective actions by the Board up to and including fines and legal remedies. It is important to understand that the right to peaceful enjoyment of one’s property goes well beyond the jurisdiction of the Board, it is Massachusetts law.
The Board urges all owners make themselves familiar with the Rules and Regulations. All condo documents are readily available on the Harborside website. Help us make Harborside a place where respect for one another is paramount.
Moving on, the following visible areas of achievement in 2019 were:
The reinforcement of the southern and eastern seawall foundation under D building.
The significant construction of a foundation for C Building and the remediation of many significant structural issues found under the C Building.
The residing of D Building/Unit B3 deck area in Hardie Plank.
Various efforts that impact parking on the property including restriping of the parking lot, filling major sinkholes formed by storm damage.
The seawall reconstruction has been on the project list after being identified by the geoengineering firm GZA in 2017 as a high priority. This capital project was budgeted over a two year period and planned for over a three year period in addition to our on-going annual sea wall maintenance. The project was completed on-time and the overall seawall maintenance line will be about $12,000 over our original budget because GZA determined the poured concrete wall needed to be several inches taller. Going forward the Board is planning to work with GZA to determine the next seawall area of concern to prioritize. The Board continues to schedule annual maintenance to reinforce and protect the work already completed.
C Building’s significant structural remediation took up a lot of the year as more was uncovered as we progressed through the rebuild process. All the issues have been addressed and completed with one minor exception. In the next few months, two sump pumps will be installed in the common area crawl space as required by FEMA. The net impact of all of the reconstruction was we anticipate ending the year $150,000 over our expectation for this item.
We also addressed and replaced many 30+-year-old roofs around the property which have been an ongoing source of leaks and frustrations.
On a much lesser scale, the Parking Committee was busy earlier in the year. Aside from answering questions and making recommendations, such as should there be assigned parking spots, there were visible actions taken as a result of their recommendations. The first was issuing new visitor parking passes so that all vehicles parked on the property are either owners who have registered their cars or visitors who visibly display the passes on their dashboard. The other visible action was the relining of the parking lot to provide clarity to the parking spaces. Given that there is still work to be done on the drainage and repaving of the parking lot, this temporary solution was deemed necessary.
Some of the other activities across the property were:
Replacing the B Building fire alarm notification from cellular to a landline. This was necessary given the intermittent nature of cellular service at Harborside and the annoying alarm it produced.
Beginning the evaluation process for the rebuild of the D Building egresses. To that end, the Board has retained the services of architect Jeff Tucker. He has begun to “map” D Building’s exterior. Going into 2020, he will be developing site plans and comprehensive interior as-built unit plans, designing and recommending various egress options for the Board to review. The Board hopes we will be able to begin the budgeting process for the project, interview and hire a general contractor and begin the bureaucratic approval process.
And, the ceiling in the walkway between B/D Building was repaired.
Enclosed, please find a copy of the Working Budget for Year 2020. As you will see, there is no change in total income and no change in monthly condominium fees approved at this time. The Board of Trustees does not anticipate any supplemental assessment. The Budget, as noted above, reflects the Board’s commitment to building the reserve account.
The Board of Trustees has identified two major priority projects to be focused on in Year 2020:
D Building projects: Not just the egresses but the addressing of interior stairwell and exterior walkway work to be done. The stairwell and walkway of D Building will be part of a comprehensive approach to the overall improvement of the building.
As for the walkway, until a permanent solution is developed and approved, the Board has authorized new plywood and an artificial non-slip covering for this winter. In the Spring, the Board has authorized replacing the plywood with new blacktop for that area.
As for the interior stairwell, the Board is considering the installation of new carpet and repainting of the interior stairwell of D Building as part of this comprehensive approach. The Board is also considering the installation and addition of new windows in the stairwell, as well as the removal of the roof vent to prevent further water intrusion and enhance air circulation in the stairwell. This may, or may not, be undertaken at the same time the egress project is being constructed.
The first phase of addressing the drainage issues at Harborside will also be undertaken. These include installing new gutters, and drainage in, around and under walkways and the parking lot. The 2018 GZA drainage report’s primary conclusion was that water on the property needs to be diverted away from the buildings. The Board, Management and GZA have discovered there are no easy solutions at Harborside. Water comes from a variety of sources (rain, runoff, ledge moisture, neighbor sprinklers, etc.) all of which will need to be addressed in an issue-specific manner while at the same time not creating bigger problems. The Board continues its work on this issue.
HDC 2019 YEAR-END REPORT:
The Harborside Floats were finally removed to the beach on December 16… a record! The silver lining is we may be first (or close to it) to be splashed in the Spring. The Floats are in the best condition they’ve ever been in. New flotation for the South Float was installed this season. Also, commercial-grade dock bumpers were installed on both Floats. We’re still a little concerned about the chains being tensioned correctly but this is not new and is addressed as a problem is noticed.
Electric service to the Floats is something we are working on. It hasn’t been for lack of desire on the part of the HDC. We have received estimates of what it would cost to supply proper power (50amps) to both Floats… over thirty-five thousand dollars. That’s a price beyond what the HDC can afford. The next estimate we asked for was to provide less power (30amps) to both Floats. That estimate was fifteen hundred dollars. However, the proposed work falls physically short. The proposal was to provide power to the corner of C building only. Obviously, short of the Floats. Further, there is a fundamental issue of swimmer safety that needs consideration in light of fairly recent water safety-related regulations. Regulations that have requirements not only for the shore connection but also for the boats that are to be connected. We are asking for a reasonable estimate to provide that lesser power all the way to the Floats and we will report the results of that when we receive it.
We hope the above provides a snapshot of the work completed in Year 2019 as well as the goals and direction of the Board of Trustees heading into Year 2020. We wish everyone a very safe and Happy Holiday Season and wish everyone a Happy New Year.
Harborside Board of Trustees
September 26 2019
We are writing to remind you not to be asking contractors who are on-site specific questions about other work they may or may not be doing for Harborside. It happened again recently and we have asked you in the past to direct those questions to the management company or trustees. It is a diversion to the workers and they are not the ones who are in on all the projects we have underway.
At the Annual Meeting we shared with you the current preliminary project plan and we are working on fleshing that out now to share with you in anticipation of preparing the 2020 budget and the scope of projects over the next several years.
Thank you,
-Harborside Condominium Trust Board of Trustees
August 21 2019
2019 Annual Meeting Package
June 6 2019
Dear owners:
The Parking Committee was assigned the task of looking into a number of items, one of which was finding a way to optimize the number of parking spaces. The parking lot has not been lined in a number of years, resulting in inefficient parking, especially along the sea wall. With the busy summer season arriving, we need as much parking as we can get. As there are currently no lines along the sea wall due to the gravel, the line-painting company plans to mark the sea wall with removable paint to allow for as many cars as possible to park up against the wall. They will be lining the other areas of the parking lot to also maximize the spaces, denote fire lanes, egresses, and the privacy marking at the top of the driveway.
The estimated cost is $1,250 and we need to get this done before the summer gets into full swing.
Jay Carty, on behalf of the Parking Committee
May 13 2019
Memo to Harborside Owners
Sea Wall and D Building Foundation:
Phase I and Phase II of the D Building sea wall foundation fortification have been completed, and the scaffolding has been removed. The most vulnerable point in the sea wall and under the D Building is no longer concern for Harborside. The Board will be working with GZA to assess and prioritize the next area Harborside should address.
Additionally, North Shore Marine is performing the annual maintenance work on the rest of the wall.
C Building Foundation:
The C Building foundation and structural support project is almost complete. Attached is a spreadsheet of expenses as of 4/30/19.
The concrete work of grade beams and pile caps is done. The final aspects to the project are the installation of two steel beams. The larger beam and associated costs will be borne by C2 exclusively. The smaller beam which would have needed to be installed regardless of C2’s remodeling plans will be shared by the Trust and C2.
Al Dennis is working with Stone Works (concrete vendor) and Tom Jacobs to determine C2’s share of the concrete work.
The Board anticipates additional expenses, including but not limited to engineering fees, shoring fees and other misc. items.
D Building:
The first steps for the renovation of D Building have already taken place. Trustees de Moraes and Wheeler met with the Building Department and Fire Department last summer to get their preliminary approval for the egress changes.
The southeast corner foundation work has been completed as stated above.
Management and the Board are still getting recommendations for architects/designers for the D Building project. Management has reached out to at least 6 local professionals with no luck. All are too busy to undertake a new project or have declined for other reasons. Management has several calls out to other architects/designers.
Once an architect/designer has been brought on board, Management and the Board will be working to get the permitting, contractor proposals, etc.
Docks:
The north and south floats are currently having commercial grade rub rails installed. The south float’s work is being addressed first, then the north float will be worked on. The new flotation on the south float has been installed.
The HDC is also working to improve the electrical situation on the docks. Right now power to the docks will not be available and is in question as to when it will be. The issue is getting enough service to the docks either from one of the buildings or from the street. Previously, the power for the docks was pulled from the C Building. In addition to the fact that power was inadequate, it was completely not to code. The HDC is attempting to resolve the inadequate power issue and improve the amenity by providing 50 and 30 amp power to both docks.
HDC members de Moraes and Jones, along with Trustees DiDomenico and de Moraes, met with Mike Hull to discuss whether or not the docks can pull enough power to provide 50 and 30 amp service to both docks and where that power would be pulled from. Mike Hull is investigating the possibilities and will let the HDC know what he concludes and what the cost to the HDC might be.
Parking Committee:
The Parking Committee is meeting on Tuesday, May 14, to discuss action items to be taken. There have been 3 areas of focus: Issue parking stickers; revamp and reissue guest passes, re-line the parking lot. There have been pros and cons to issue parking stickers for the first time in several years that will be finalized for the Trustees at the meeting. It has been approved to proceed with issuing new guest passes to all owners reflecting new logo and to match up with the number of deeded spots per owner. As for re-lining, we have a proposal in hand from an organization to come in after the major work is done on the C Building foundation and structural support project to clearly demarcate parking spots. Additional items
for discussion will include winter parking rules and rules regarding contractor vehicles doing work for the Trust. The update on these topics will be discussed on the 15th.
Drainage:
Management and Trustee de Moraes met with two gutter companies to explain Harborside’s needs. They are in the process of getting Management scope of work and cost proposals. The Board is hoping to have this work completed before winter.
Maintenance:
April was one of the rainiest months on record. This has hampered the ability of the roofing company and Paul Haggett to complete the roof replacement over B7 & B8. The asphalt shingles have been replaced, but the removal of the defunct exhaust stacks and installation of the rubber roof has yet to be done because of the weather.
The leak under C4 balcony has been resolved. Paul Haggett is currently looking for the source of the leak under C5’s deck.
The overhang to the B & D building entrances showed signs of mold and water intrusion. Upon further investigation, the water issues were strictly superficial. The wood was replaced with PVC bead board, so there should be no further maintenance in that area.
Financials:
The April 2019 Balance Sheet and Profit & Loss Budget Performance reports are attached. Going forward the Board will have these two reports posted on the website when they are available. We anticipate the reports will be available approximately two weeks after the close of the month.
February 20 2019
Responsibility for Common Area Repairs / Harborside Condominium
January 29 2019
Dear Harborside Owners:
The intent of this memo is to provide ownership with accurate information about what Harborside owners can expect in the coming months and year.
We are announcing the first meeting of 2019 will be held at 3:00 pm on February 13 in Jay and Cissie Carty’s unit, A1/2.
Beginning this year, the Trustee meetings will return to being structured meetings. Owners will be welcome to attend, listen and contribute in a constructive, but time limited way. Items owners want considered for inclusion in the agenda will need to be submitted to Management beforehand, in writing. Any suggestions for constructive solutions for the issue should also be included in writing for consideration. The agenda items will be discussed by the BOT, after which the BOT will either vote to act or not, or defer the decision to act or not pending receipt of further information.
The Trustees are making a conscientious attempt to hold meetings every other month. We are also planning to release some form of written information memo as necessary between meetings. However, it should be understood that events, holidays, personal matters and gathering of information may necessarily disrupt the schedule of meetings and memos from time to time. Any disruption and/or rescheduling of meetings or memos should not be construed as unnecessarily withholding or hiding information from ownership, as we have recently been accused of.
The BOT, the HDC and Management are well aware that many, if not most owners, feel frustration that things aren’t being visibly improved at a faster pace. Members of the BOT and HDC are Harborside owners as well, and we feel the same sense of frustration. We feel it more acutely than most of you are aware. We are doing our best, following the rules, and getting things done as fast and as cost efficiently as possible. The Trust needs to jump through a seemingly endless series of bureaucratic hoops to get projects started, and Harborside seems to be last on every contractor’s and service provider’s schedule.
While some owners have been very good about expressing their frustration in an understanding, accepting and productive way, there are others who express their frustration and anger in unproductive ways. Constructive criticism and helpful ideas are always welcome; destructive and unhelpful ones are not.
Given events and situations that have arisen recently and some unfortunate actions of a few, members of the BOT, HDC and management have unanimously agreed that we will no longer meet privately with an owner or owners regarding Harborside business without sharing the content and tenor of those meetings with the other members, management and perhaps the community as a whole.
It’s important to remember that Management and members of the BOT and HDC do not act or make decisions unilaterally. We work tirelessly to come to an informed consensus before making any decisions on behalf of the Trust.
We all need to work together addressing issues and solving problems because no one person is to blame for disappointments or can take credit for successes at Harborside.
Now on to the news…
Lawsuit:
On January 17, 2019, Trustees de Moraes and Carty were part of a successful mediation that took place in the offices of Marcus Errico Emmer & Brooks. The HDC Trust, Defendant’s legal counsel and Travelers Insurance Company agreed to a settlement in the amount of $215,000.
The execution of the settlement document was completed on January 29, 2019. The settlement monies will be deposited into the reserve account to be used for projects underway in 2019.
D Building Sea Wall Repairs:
On January 29, 2019, the Trust received a final estimate of construction costs for Phase I and Phase II of the sea wall repair for the SE Corner of D Building’s foundation from North Shore Marine. Given the new estimates and past expenditures, we are on budget for this project.
Phase I and Phase II will be undertaken at the same time. A preconstruction meeting for the project has tentatively been scheduled for Friday, February 8th at 8AM. While construction on this project is weather dependent, we are hopeful it completed before mid-Spring. Once we have final details on a start date and length of construction, we will let you know.
C Building Foundation:
A memo to owners recently went out explaining the work on the C Building foundation will begin in the first week of February, and the total construction for foundation should last between 6-8 weeks. The noisiest and messiest part of the work should take 3 weeks or less, and that is at the beginning of the rehabilitation process.
As stated in earlier email to owners, the Trust has, through its contractor, engineers and legal team, contracted with Helical Drilling to do the piling installation. The piling work involves the use of 30 helical pilings which will be screwed down into ledge/bedrock. The depths vary, but once these are in place, the Trust will no longer need to worry about fill being drawn out by tidal waters under most of C Building.
The cost for engineering, mobilization of material and workers and the material itself has been estimated to be a little over $111,000. The actual cost to the Trust will be a little less than that. The estimated depth to which they think they might need to drill on average, and upon which they based their proposal, should be less and credited back to the Trust. Additionally, any pilings specifically directly related to structural modifications of C2 will be borne by the owners of C2. All parties, the Trust, the Trustees, Contractors and Engineers are well aware of their need to be diligent in keeping the two costs separate.
After the pilings are in place, a structural support team will come in a put in temporary supports to hold up the floors above in order for the rest of the work on the foundation to continue.
Rebar will be installed and cement caps will need to be poured over the pilings to provide weight and stability to the pilings.
After that the structural support joists and beams and posts will be able to be installed which supports the weight of all three floors above unit C2.
The support and concrete work are separate contractors and proposals. We’re awaiting those numbers.
There has been some inquiry as to whether this same work will be done under Unit C1, the mechanical room and the C Building storage area. Not at this time. There is no concern the building is in danger of collapse based upon conditions found in
the exposed crawl space of the C Building. The Trust is under no affirmative obligation to seek out any unexposed structural issues not compliant with current code that have not already been brought to the Trust’s attention.
Docks:
The docks are in good shape, financially and physically. Attached is last year’s transactional report showing income and expenses. The HDC and BOT, in response to an owner’s suggestions and an owner’s survey, have adopted a new fee structure for boats on the faces and outhauls. The new fee structure, based upon the current configuration of boats and their lengths, still support the annual expenditures and anticipated long term costs associated with the short and long term operating expenses of the floats. As with all things, should size of boats change, the fee structure will naturally need to be reevaluated.
In 2018, the HDC replaced all mooring chains and they should not need replacing for another 5-7 years.
Going forward, the HDC has contracted with Marblehead Marine Construction Company (MMCC) to replace the insufficient rubber bumpers with commercial grade ones that will protect both boats and floats. The HDC has also authorized MMCC to replace missing floatation under the south float with more reliable contained flotation. And the HDC is replacing some warped wood skirting on the south float.
Other Improvement / Maintenance Issues:
Management has begun the process of researching and meeting with firms specializing in investigative and diagnostic reports for condominium associations. On January 29, 2019, Management met with a representative from Criterium Engineers on site. We are awaiting their proposal.
As previously reported by the BOT, the Old and Historic Commission has approved Hardi Plank for siding on our buildings. The first example of the use of this planking is the entire surround of the Unit B3 decking area.
The BOT is hopeful the use of this material will substantially cut our annual maintenance costs for rot, paint, etc that comes with using real wood.
We are also removing defunct exhaust stacks and re-roofing the entire roof above B7/8; both the rubber part and asphalt shingles.
We are still in the process of addressing many other maintenance issues while also looking toward the complete D Building rehabilitation: decks, egress, interior stairwell, etc.
While we still have a lot of work to do, 2019 is an exciting time for Harborside. We look forward to all the positive changes that the year will bring.
Harborside Board of Trustees
January 29 2019
Dear Harborside Owners
The following information is being provided to all homeowners, but will be directed predominantly to C Building owners/residents.
As previously identified, the C Building foundation, primarily under C2, has been determined to be insufficient, not to code, and in need of immediate correction. Over the past months, the Trust has been in communication and consultation with various contractors, engineers , town officials, and the Trust’s attorneys. After requesting proposals from two helical drilling firms in Massachusetts and consultation with our Engineers, the Trust has decided to go with and has contracted with Helical Drilling Company and Tom Jacobs to install pilings and proper concrete footings under the exposed area of C Building. The Trust is expediting this work so the construction can begin and end before the Summer months.
Details known to date:
The Trust should expect mobilization as early as next week. This means the parking area immediately in front of C building, lower lot will need to be kept clear for the duration of the foundational project; which we expect to be between 6-8 weeks. This means that equipment, materials and trucks will be parked there and removed as needed. The Required Port-a-Potty will be on site in front of C Building lower lot, closest to the Sea Wall.
A portion of the exterior wall of C2, South Side, has been removed for the piling equipment to enter the foundational area of C2. Once the equipment has been removed and constructional elements have been completed, the entry point will be reconstructed.
While we have been told not to expect vibrations, please take proper precautions with anything of value within the unit. To that extent, the Trust is also requiring Management to video tape the interior of each unit before and after the drilling to ensure there are no signs of stress cracks. The “pre-drilling video” will take place on Tuesday, February 5th beginning at 8:30AM. All units will need to be made available on this day/time but should not take more than 30 minutes in each unit.
The Duration of Drilling is estimated to be 3 weeks.
There will be LOUD NOISE when drilling. We do not expect a lot of dust, due to the manner in which the pilings are being drilled. Heavy duty plastic has been installed on the ceiling and walls of C2 as a precautionary measure to prevent mud and/or dust intrusion into other units during the course of the foundational work.
Once we have a confirmed start date, we will notify ownership. Thank you in advance for your understanding and cooperation.
-Harborside Board of Trustees
2018:
December 7 2018
Dear Harborside Owners:
Please find information on two important maintenance items that have recently been brought before the Board. We wanted to get this information to ownership quickly and prior to our December 10 meeting in Jay and Cissie Carty’s, unit A1.
Siding:
Trustee Carty and Paul Haggett attended a meeting of Old and Historic on November 20, 2018 to request replacement of shingles on D Building with clapboards, either composite or red cedar. Originally, Paul was requesting approval for a Boral composite clapboard, but two days before the meeting the company recalled the clapboards for shrinkage issues and is not planning on manufacturing them further.
At the meeting Old & Historic approved the use of clapboards on D Building in the place of shingles and suggested the Trust consider using “HardiePlank” lap siding, a fiber cement siding. They have approved that product for use in Old Town and along the Harbor, and they approved our use of it on the B3/D4 exterior walls. The Board has decided to go with their recommendation.
The color of the siding, Monterey Taupe, is baked on “ColorPlus” technology and matches the current color of the buildings exactly. We will have a sample of the siding at the meeting on Monday.
Going forward, the Trust will be replacing the exteriors of the buildings with this product. The advantages are numerous. HardiePlank is manufactured to resist wet and freezing conditions. The lap siding will not need to be repainted, won’t rot, and Harborside won’t have the same number of water intrusion points and issues that shingles present. Additionally, HardiePlank is less expensive than traditional shingles and clapboards, and the installation is faster.
The one caveat of HardiePlank is that attachment of any item (unit numbers, name plates, golden cods, plant hangers etc….) which requires using a screw, nail, epoxy or any other form of attachment must be done with Trust approval. Attachment of any item to the new clapboards must be done by someone skilled and familiar with the HardiePlank product and must know how to attach items to it. Going forward, the Trust will require an alteration form to be submitted requesting an attachment of anything to the HardiePlank lap siding no matter how minor or insignificant it may seem.
C Building Foundation:
During the course of the remodeling of C2, the Trust discovered the foundation under the C Building in that area is inadequate and not code-compliant and needs to be addressed and brought to current building codes. There are missing and insufficient footings under the load bearing and exterior harborside walls holding up the building. The building is currently stable, however there is substantial evidence of the footings for bearing walls and load bearing posts and the chimney stack having been undermined by the tidal flow of the harbor.
To date, the Trust has taken several steps to address the foundational issues. The Trust has retained Al Dennis, a construction control and structural engineer, to draw up the structural plans for supporting joisting and footings for the C Building. That work has been completed and has been provided to the Town of Marblehead’s Building Department.
The Trust has also retained an engineer, Ed Moll P.E. with Structures North. Structures North is a structural engineering firm that specializes in foundations and underpinnings, particularly buildings that may be impacted by being near bodies of water. Ed Moll has been put in contact with the engineers at GZA, the engineering firm that has provided the Trust with our sea wall and drainage studies. The Trust has provided Ed Moll with copies of the sea wall report and the draft drainage study. Ed and the engineers at GZA are in communication and are working together to ensure that any recommendations provided to the Board are long term and not detrimental to C Building and Harborside as a whole.
Structures North recommended a drilling company, Helical Drilling, to drill exploratory holes to determine what the foundational material of the building is and where the solid foundational bedrock or ledge is. That work has been completed.
Currently, what the Trust knows is the exploratory drilling shows that C Building is primarily set on a “fill” based area that was designed to allow for free flow of tidal harbor water. The drilling points show that the borings indicate that there is fill over ledge, with the fill deepest (16 feet) at the north end, and 8 feet at the south end. The ledge appears to rise toward the rear where refusal (their term for reaching ledge) was at 3.5 feet.
At this point, that is all we know. The drilling results have been forwarded to Ed Moll who will, with the assistance of Helical Drilling, generate a report and provide the Board with recommendations for bringing the C Building to code with a solid and safe foundation. Once the Board has the recommendations, we will be better able to assess those recommendations, decide what is necessary, prudent and a permanent solution, and then be able to address the cost associated with bringing the C Building foundation to code.
There isn’t a lot we know right now, but the Board has asked Tom Jacobs, the contractor overseeing the renovations in C2 and some of the foundational issues for the Trust, to attend the meeting on December 10 to provide whatever information we have at this point. As further information is forthcoming, we will update ownership and schedule additional meetings as they are warranted.
Thank you,
Harborside Board of Trustees
October 22 2018
Dear Harborside Owners,
This is a reminder that the following inspections/actions are requested before year’s end by all:
1. Furnace inspection and filter replacement
2. Dryer vent inspected and cleaned
3. Chimney flu – Wood burning fireplaces inspected and, if deemed necessary by the chimney professional, cleaned.
Please refer to sections D.4 and D.5 in the Rules and Regulations on our website for further information regarding these safety inspections.
In Building D, where furnaces and water heaters are located within the units, own-ers might want to consider having a tray and an automatic shut-off valve installed for their water tanks to prevent flooding.
Also, the fire department recommends replacing all batteries in smoke and CO de-tectors twice a year (day light savings and its end).
Please understand these actions are for the safety and protection of all living at Harborside. We ask that you submit receipts of work performed to Lesley Man-agement by December 31, 2018.
Thank you in advance for your cooperation.
Harborside Board of Trustees
August 10 2018
Dear Harborside Homeowners:
This will be our last update before the annual meeting. We look forward to seeing you all there. Please do not forget to bring your By-Law and Deed of Trust amendment ballots to the meeting or send them in to Management. It is very important that we have the originals.
Lawsuit:
Several questions were recently raised by a homeowner asking for further clarification of the lawsuit; Board of Trustees of the Harborside Condominium Trust (Plaintiff) vs. Joanne Woodman (Defendant).
On October 26, 2013, a fire began in Unit B5 which resulted in extensive damage to B Building.
On August 18, 2016, the Board through their attorneys at Marcus, Errico, Emmer & Brooks, P.C., filed their complaint with the Superior Court in Essex County. In that complaint, the Board seeks on behalf of the Harborside Condominium Trust the restoration costs less insurance proceeds (aka the insurance shortfall) totaling $792,620.45.
On October 26, 2016, the defendant filed a motion to dismiss.
On May 30, 2017, the motion to dismiss was heard in Superior Court in Essex County.
On May 31, 2017, the Honorable James F. Lang issued his decision of Denial of the Motion to Dismiss on all counts.
In June 2017, Defendant filed an answer to the original complaint.
In September 2017, Plaintiffs were served with discovery requests for interrogatories and production of documents related to the case.
By October 25, 2017, the Board had produced and delivered thousands of pages of document pursuant to the discovery request.
In January 2018, interrogatories were completed and submitted pursuant to the discovery request.
Currently, both sides are currently reviewing the discovery documents. As for the next steps, much depends on what legal representatives choose to advise their clients to do after a full and complete discovery process. Any advice given to the Board going forward from the Trust’s legal team is a matter of Attorney/Client privilege and cannot be discussed outside the confines of the Board and the attorneys.
Any matters concerning financial outlays for the lawsuit will be provided at the annual meeting to the extent possible.
Trash Room and Rules:
We have recently received emails from Marblehead Movers, our vendors for household waste and recycling pick-up, and unfortunately it was a frank and critical description of the overall condition of our trash room. Sadly, these emails are not the first time we have had complaints about the condition of our trash room, nor is it the first vendor who has complained.
As of July 26th, we were paying a flat rate of $475 per month for both regular and recycled waste. However, based upon the amount of time Marblehead Movers works to clear the trash room and the amount of trash they remove to the dump, Marblehead Movers informed us that as of the August 1st, the rate for rubbish pickup will be $120/hr (for 2 workers and a truck) plus $.20/lb of trash. We average 3600-3800 lbs of trash per month. The simple math is the removal alone during an average month will cost the Trust between $720-$760/month plus labor costs. The Trust is looking at an approximate 100%+ increase in rubbish removal costs going forward.
Marblehead Movers were quite detailed in their complaints. On the 26th, they noted that our trash barrels were falling apart, and residents do not distinguish between recycling and regular trash when placing rubbish in the various barrels. They specifically mentioned that “on every pickup, our workers note that there are always open bags of trash, which makes it harder for us to dispose of.” They also noted that open bags of trash create “unnecessary filth and promotes maggots.” And “boxes must be properly broken down in order to be recycled.”
Then on August 1st, the workers spent an extra two hours washing out their truck. “This was due to the presence of millions of maggots, open bags of trash, open containers of dog waste, and an open gallon of milk that was spilled all over (our) trash bags.”
While trash removal is an unpleasant and unappealing job for most of us, it should never be an unsafe or unsanitary one for any of the workers we hire. Nor should it create an unsafe situation for any of our residents.
The Board is generally very pleased with the service we have received from Marblehead Movers, and would like to be able to work out an arrangement mutually agreeable to both the Board and the disposal company.
To that end, Lesley Management ordered a thorough cleaning and sanitization of the trash room which was completed on August 9th. New trash barrels have been delivered. And the opening in the back of the room has been covered with lattice and chicken wire which should provide rat/squirrel-proof covering that still allows ventilation. Lesley Management has also reached out to Marblehead Movers to see what Harborside can do to lower costs, improve conditions and contract for a flat monthly fee so there is some certainty in our budgeting process. If we cannot come to a mutually acceptable resolution, Management will look for other options available to us.
In any event, the Board and Management in the coming weeks will be looking at various options for reducing these costs outside of the vendor we may retain or hire, and that may come in new rules for disposing of waste.
At the very least, it is important for everyone to remember that all household (non-recycling) trash needs to be put in a plastic bag that must be tied off and closed. That includes pizza boxes (these are not recyclable), take-out food containers, dog waste in tied off waste bags, etc… Recycled materials that contained food items or drink materials (take out food containers, wine bottles, etc…) need to be thoroughly cleaned before being put in the blue barrels. Recyclables cannot be put in plastic bags of any kind. To the extent possible, any food items (whether in recyclable containers or not) that can be disposed of in the garbage disposal should be eliminated in that manner and not put into the garbage.
It is important going forward that we all make an effort to keep the trash room clean, orderly and sanitary for everyone’s sakes.
Sea Wall Work:
As of August 1st, GZA had recorded our Order of Conditions with the Registry of Deeds. And the proof of recording was sent to the Marblehead Conservation Commission.
GZA is currently waiting on the 30-day review from the MA Department of Environmental Protection for the Phase 2 portion of the remediation: the concrete overlay of the wall which will be done next year. Once that approval is obtained, we will be able to proceed with Phase 2 next year.
Currently GZA and North Shore Marine are coordinating their schedules for Phase 1 work…shoring up the SE foundation corner of D Building. The Army Corps of Engineers have been informed as required and there should be no further permitting issues with them.
Traffic and Speeding Concerns:
Lastly, an owner recently filed a complaint with the Board about an incident of excessive speeding on the hill into the lower lot. The complaint was detailed, and Management will be handling the matter with the offender’s employer.
In addition, the homeowner asked that the Board consider the use of a removable “speed bump” at the point where the driveway narrows between B9’s patio and the opposite planter.
After much discussion and careful consideration, the Board has unanimously decided to not put in a removable speed bump.
The Board is very concerned a speed bump, whether removable or not, in that particular area would create a trip hazard that will affect children, the elderly, unaware drivers and most residents; particularly at dusk and at night.
The Board has weighed the pros and cons and have decided to inform residents to be aware of their speed as they come into the lower lot.
Additionally, we are requesting that all residents inform any visitors and worker you may be inviting onto Harborside property of the same.
Harborside Docks:
All eight chains have been replaced on the floats as of August 9th. Marblehead Marine will be tweaking the chains to ensure the floats are as square with the sea wall as possible.
Additionally, a homeowner asked for an accounting of the docks for this year. That was included in your annual meeting packet.
2019 Budget:
The new Board will be meeting in September to discuss and work on the draft 2019 Budget. It is the current Board’s express desire to live within our means and not increase fees for the next year.
As the Board does every year, it will be presenting the a draft budget in October and a final budget before the end of the year.
Annual Meeting:
The Board looks forward to having everyone attend the annual meeting in Jay and Cissie Carty’s unit, A1/2 on August 22, 2018 at 6 pm.
Harborside Board of Trustees
August 6 2018
Annual Meeting Package 8.22.18
August 6 2018
Ballot Annual Meeting Election Appraisal Amendment
July 17 2018
Dear Harborside Owners:
Summer is finally here and Harborside is full. It’s wonderful to see everyone out and about and enjoying all Harborside has to offer. The Board wanted to update you on the following issues:
Summer Parking Lot Pot Luck Picnic
Our Pot Luck Picnic is scheduled for Thursday, August 16 at 6 PM. Everyone is invited to bring something to share. We will set up tables along the sea wall near the flag pole. A few extra chairs and small tables are always welcomed.
Annual Meeting
The Annual Meeting has been set for 6 PM, August 22nd in Jay and Cissie’s unit, A1/2. We encourage all to attend this very important meeting.
Reminder about voting and proxies:
Martha Wheeler is the only nominee for the upcoming vacant Board position. However, it is extremely important to not only vote by ballot, but either be at the Annual Meeting or send a proxy to Management. She cannot be elected by written ballot alone. We must have the requisite participation at the annual meeting to af-firm the ballot vote.
Voting on Amendments to the By-Laws and Declaration of Trust:
The Board is also sending out three proposals which would update our By-Laws and Deed of Trust with practices that have not been compliant, but have been on-going for several decades. We sent these out last year, but because too much time has passed, they are no longer valid. We will be sending them out again. We must have the original copies, so once you have voted you can mail them to Manage-ment or bring them to the annual meeting. Proxies and copies of the ballots are not permitted on these votes.
One measure deals with the election of a Trustee, which currently must be done in person or by proxy at the annual meeting. We have done ballot voting for many
years and announcing the new Trustee at the meeting, with the exception of the past four elections.
Another measure deals with the date of the annual meeting which as of now is re-quired to be held in November/January when many owners are not in residence.
Lastly, the final amendment deals with the timing of the need for comprehensive insurance assessment. This is different from having our insurance carrier come in and assess what they are willing to insure for. The process called for in the docu-ments calls for an annual assessment done by a certified representative of the Commonwealth of Massachusetts, access to various units at Harborside and sub-stantial fees to complete.
All three amendments were drafted and approved by the Trust’s legal counsel at MEEB, and the Board strongly recommends voting yes on each and every one.
Repairs around Harborside:
We recently replaced both the roof over D1 (under B3’s deck) and replaced B3’s entire deck with the composite material that we are transitioning to throughout the property. We are confident that the 30 year old rubber roofing material was the source of D1’s recent leaks.
The Board of Trustees (BOT) also authorized emergency work on D5’s rail sys-tem. The BOT was advised the rails were so unsafe that we informed the owner of that unit that the attached deck could not be used until repairs were made. They have been successfully completed.
In the inspection process related to the D5 matter, the BOT’s contractor has ad-vised us that the southern emergency egress is also in need of repair. It is a good time to remind everyone that emergency egresses are for emergencies only. They are not to serve as access points for units. This news has also brought into sharp focus and accelerated the Board’s need to address the remaining subpar (though grandfathered) emergency egresses on the property. In particular, the south egress on D Building, the only egress staircase out of C8, and the A Building’s egress down to the parking lot. The Board is beginning the long and somewhat arduous process of gathering information, architects, lawyers, engineers, contractors, per-mits, etc… immediately. We do not anticipate construction to start for a couple of
years because of the processes we must undertake, but wanted you to know that we have put those matters on a fast track.
The Dock Committee hired a diver at the beginning of the season, as they do every season, to check the condition of the chains. We were aware that some of the chains needed replacement last year and asked that the work be done, but Marble-head Marine did not get around to replacing them last season. This year’s report is that 7 of 8 chains need replacement. The complete set of chains was last replaced in 2009, nine years ago, and the HDC has made the decision to replace all 8. Just to give some context, mooring chains in the harbor are replaced every 5 years. The effects of salt water on metal chains, also known as electrochemical corrosion, eventually corrode the chains leading to the need to replace them. While the HDC has the chains inspected every year, we have been fortunate to have been able to hold off complete replacement until now. The HDC has been in communication with Marblehead Marine and is actively attempting to get all the chains replaced for both floats as soon as possible.
Flag Pole Removal:
Management has been in contact with the company that will be removing the re-maining flag pole. While we are technically on their schedule, we have not re-ceived a firm time period in which they will remove it. We will keep everyone posted as we learn more.
Comcast:
During the last meeting concerns were raised that the line item for basic cable pro-vided by Comcast seemed too high. The Board has contacted Comcast and found the following:
Basic Cable supplied to individuals is charged at $67.27/month plus taxes and fees.
We have a corporate account which amortized over the length of the current contract is costing the trust approximately $36.59/month in the dues assessed to each unit. That is a little more than $30/month savings to each for each unit under the current contract.
The Board is always looking for ways to save ownership money, and we appreciate all concerns raised. However, at this time, breaking the contract with Comcast does not seem to be the prudent thing to do. We are required to provide the service to units and do not have a reliable alternative replacement for their services yet. We are in the 4th year of a 10 year contract, but as the term of the contract comes closer to the end, the Board will be revisiting options available to the Trust and ownership.
B Building Reconstruction:
We are very close to closing out the construction associated with the 2013 fire and the secondary egress. We are waiting for the final inspections and the finalized building permit.
Trash Room:
Please let this serve as a gentle reminder of the rules regarding the trash room.
All cardboard boxes must be broken down and stacked.
All recyclables need to be placed in the blue barrels or bins.
No plastic bags in the recycle barrels.
All food and household trash must be disposed of in plastic bags. This includes pizza boxes.
All trash bags need to be placed in barrels.
Please lock the door after leaving
As a courtesy to other residents, please try and fill the barrels to the back of the rubbish room first.
Sea Wall Project:
GZA recently appeared before the Conservation Commission in June, and the Board is awaiting a report back on the results of that meeting. GZA has informed us that they also will be presenting the Certificate of Appropriateness to the Old & Historic Commission at the July meeting as well for the sea wall project. As soon as the Board has more information about a time table for the repairs to take place, we will let you know.
Drainage Study:
GZA has been on Harborside property to survey. They have completed the field work, including site inspections, survey and review of available record plans. They have compiled a draft of the existing condition plan for the drainage study and are now preparing drainage improvement concepts for Harborside. The Board is anticipating their report and recommendations sometime by the end of this month. When we receive the report, we will review it with the engineers at GZA and formulate a viable plan for going forward. As always, we will inform owner-ship of that plan when it is in place.
Sink Holes and Parking Lot:
The Board and Management are aware of the sink holes that are reappearing in the parking lot and lawn and planter areas, and we ask everyone to take special care when parking and walking in the lower lot. Justin Epstein Masonry dug up the ar-eas of concern last week. The Board believes that fill is being washed out through the sea wall which is porous and may have new voids created by the winter storms. The Board is awaiting the drainage survey report from GZA in the next couple of weeks. When we receive the report and have a chance to go over it with the GZA engineers, we will consider the next steps to prevent the loss of fill, improve drain-age and the paving of the parking lot. The Board is looking for a comprehensive, permanent and complete solution for the sea wall, parking lot and water drainage issues Harborside faces.
Gas Grills:
In May of this year, the Board wrote to ownership asking for input on banning all propane from the property. Thank you to those who responded. The Board con-sidered the responses we received and have decided to keep the current rule in place without modification. That rule is as follows:
B9. Cooking equipment, such as grills, may be used on decks, patios and
lawn areas subject to applicable fire regulations, which are summarized as
follows. Piped in natural gas grills, Liquefied Petroleum Gas (LPG, including pro-pane) grills and charcoal grills are not permitted on any deck or patio, but may be
used on Common Area pavement or lawns as long as they are used at least 10 feet from any structure and not under an overhang. LPG and propane tanks are prohib-ited from being kept or stored within any Unit or Common Area or Facility or on any deck above the first floor. Electrical grills are permitted on all decks, patios and lawn areas, provided they are unplugged when not in use.
Lawsuit:
To bring everyone up to date, a quick summary might be helpful.
The lawsuit as a result of the 2013 fire is still in progress. The Trust filed suit in the fall of 2016. There was a motion to dismiss which was filed in November of 2016 on behalf of the Respondents. That motion was denied in May of 2017.
The production of documents request was made in the Fall of 2017, and thousands of pages of documents were turned over to the Attorneys. Interrogatories were re-quested in 2017, completed and turned over in January of 2018.
The parties are working out the discovery disputes they have, and both are working through the thousands of pages turned over to each side.
The court has set October 18, 2018 for a pre-trial conference between the parties.
When we have more information of any significance, we will share what we can. Thank you for your continued understanding and patience in the process
Harborside Board of Trustees
March 22 2018
Memo to: Owners at Marblehead Harborside Condominiums; March 22, 2018
From: The Board of Trustees
Dear Owners,
The Board would like to update you on the status of various projects and undertakings at Harborside, both as part of our long-range plan as well as to address certain issues that have arisen as a result of this past winter’s storms.
As you have been reading, if not experiencing in person, this has been an eventful winter in the Northeast, especially for coastal residences. Marblehead has experienced significant storms starting with the first week in January as well as four significant storms in March. The impact on Harborside has been significant and has caused the Board and Management to review and reprioritize what needs to be done, when it needs to be done and how it all impacts the various longer term projects we have identified, such as the drainage/seawall surveys, the completion of the Building B egress work and the importance of repairing the southwest corner of the seawall near D Building. Below are listed what the Board has discussed and our plans moving forward.
- Storm Damage: Because we have a 30 day window to make certain repairs from the time of the March 4th storm without getting formal approvals and permits caused by the storm we are planning to undertake the following actions
- By the end of March, the blacktop along the sea wall and where there is obvious damage in the lower parking lot will be removed. Engineers, contractors and the board will assess the damage done beneath the surface due to the storms. Finally, gravel rocks will fill the voids. This is a temporary fix in order for the entire parking lot to be used safely until we can obtain the proper permitting to pave the entire lot. Additionally, these stones are a necessary step in the paving process anyway, so we won’t need to duplicate this step when the blacktop is put down. This work will be performed by Justin Epstein Masonry.
- Part of the lawn behind C Building collapsed during the storm with the tide creating large sink holes throughout the area and near the foundation of C Building. Areas of the lawn will be removed, a damage assessment will be made of the patio and lawn areas to determine how it impacts the sea wall. Crushed rocks will be dumped in to fill the voids. This work will also be performed by Justin Epstein Masonry.
- Paul Haggett will go under D Building to assess the condition of the structure’s foundation, insulation, plumbing and wiring. He will be making recommendations to the Board about what needs to be addressed right away, if anything, and what we should do going forward.
- C Building’s missing siding will be replaced once the insulation has dried out. Siding will be removed up to 3 feet above ground level, assessment will be made as to the soundness of the foundation, and then water and ice shield and new siding will be installed.
- On-going projects:
- The new door and windows for the C Building entrance will be installed next week. The current door and window are plate glass, not tempered safety glass, and are uninsulated. Over the winter, the door was frozen shut because of condensation which created an immediate safety issue for residents of C Building that needs to be addressed.
- The lighting design for the B Building egress will be completed and installed this year so we can close out that project and account. It is estimated that the total re-build of B Building will come in a little over our +$2 million dollar original budget due to unforeseen expenses such as exterior sprinkling, legal expenses, etc.
- The drainage survey will hopefully take place this Spring, and a report will be submitted to the Board for review. The report should contain a recommendation and plan for gutters, drains, etc.
- As for the sea wall planter, we will remove the remaining flag pole before it too falls down. The plantings in the sea wall planter will also be removed so that the Board can determine the most cost effective way to put in new water lines, electrical service for lighting and whether or not we will be able to replace the flagpoles.
- The Board is exploring ways to replace the walkway between B and D building that will help to reduce icing and improve drainage in that area.
Other than that, not much else to report.
February 16 2018
February 16, 2018
Dear Harborside Owners and Residents,
It has come to our attention that in light of the recent allegations against a former Harborside resident, a videographer working for WBZ-TV trespassed onto private Harborside property to shoot video of Harborside and Unit B10.
WBZ-TV recently aired a report that referred to Unit B10 as “Prew’s condo” and showed three unauthorized shots of Unit B10. The exterior of the unit, patio and unit number were all clearly visible and identifiable in the report and, additionally, showed a car and its license plate that has no connection to Mr. Prew or his alleged crimes.
The Board is concerned that the airing of video of any part of Harborside and/or the B10 unit in association with the allegations of crimes that are alleged to have occurred there will impact our community negatively and irreparably. The Board is also concerned the airing of the video tape shot at Harborside may encourage additional trespasses of our property.
We have contacted our legal representatives who are taking appropriate action with regard to the airing of the unauthorized video tape. We have also contacted the Marblehead Police Department.
The Board is asking all residents to be vigilant, and to ask any person on Harbor-side property who is unknown to you if they are invited by an owner or resident to be on the property. If they are not, politely ask them to leave. If they do not leave or they create a problem, you should call the Marblehead Police Department. They will respond immediately and deal with the situation. In all such events, it is im-portant that you report any incidents to Management and the Board so that we may take appropriate action.
As it appears that the legal action against Mr. Prew may go on for a long time, we will need to work together to ensure the safety and privacy of all who live at Harborside.
Thank you.
Harborside Board of Trustees
February 13 2018
February 13, 2018
Unit Owners & Residents of the Harborside Condominium
Re: Harborside Condominium
Dear Unit Owners and Residents:
As you may be aware from recent news reports, an individual residing in Unit B10 of the Harborside Condominium has been accused and charged with crimes of aggravated rape and indecent assault on a child.
The Board of Trustees has been in contact with the Unit Owner of Unit B10 and we have been informed that the individual is no longer living in or occupying the Unit. The locks for the Unit have been changed and the Unit is secured. We have been assured that the individual will not be returning to reside at the Harborside Condominium.
We are providing this information to you to both keep you informed and as a safety measure. As always, you should be aware of your surroundings and report any suspicious activity or behavior to the Police and to Management.
Sincerely, Board of Trustees
2017:
July 9 2017
Dear Harborside Owners
Attached please find the meeting package for the Annual Meeting of Unit Owners, scheduled for August 1, 2017. If you are not able to attend the Annual Meeting, please forward your proxy to someone who will be in attendance.
Also, if you have not returned the Trustee Ballot, please do so.
See you all on August 1st.
Sincerely, Kimberly Lord; Lesley Management, Inc.
June 26 2017
Dear Harborsiders,
Over the past few weeks the Board and Management have been made aware of false rumors about Harborside that are being circulated in the Marblehead community. Realtors, lawyers and community members have reached out to the Trustees to let us know what they have heard and to seek honest answers about these rumors. Many have offered their advice and counsel as to how we can positively counteract them as well.
We feel it is important to address these rumors head-on. While we cannot understand the motivation some would have in spreading these rumors, we have begun a community outreach to realtors, lawyers and the general community to set the record straight. And, while we cannot address every rumor or personal attack that are spoken, we would like to take this opportunity to address and correct three of the most prevalent falsehoods being circulated in town.
1. Harborside’s fees are too high:
FALSE
We hear this often. In comparison to other associations in town, they may appear to be higher. But we are a special and unique property in Marblehead, so comparisons are unfair and unrealistic. When we explain what our historical fee structure was and what is now included in the fees, the reaction we get is quite different. They understand why the fees are what they are and do not consider them high at all. Rather, they are reasonable given the costs of maintaining, preserving and improving our property.
Prior to 2015, our fees were kept unrealistically low. As a result, every year, usually in the Fall, the Board of Trustees assessed homeowners in order to cover operating expenses and shortfalls in maintenance. The assessments were a major issue in negative home sales, and they created a great deal of uncertainty for homeowners’ budgetary considerations every year. In 2015, the Board did an analysis of the operating costs and fee structure from 2009 to 2014. Regular fees and supplemental assessments were averaged out over the twelve months in each year, and the resulting numbers were the real cost of running and maintaining Harborside. In 2015, when the Board raised the fees to reflect the reality of our expenses, the overall increase was less than 5% over the previous five years. As a result of the action taken in 2015, the Board has not raised fees nor had to levy any additional assessments.
It is important to remember at the time the Board undertook its analysis, the association did not have any reserve monies saved, regular maintenance was not performed on the seawall, and many repair issues were deferred. It was a financial situation that could not be sustained.
In addition, fees at Harborside have been impacted by the unanticipated challenges we’ve confronted over the past few years.
After Super Storm Sandy in 2012, FEMA raised our flood insurance from $5,000/year to $50,000/year; an increase of 1000%. In subsequent years, FEMA has continued to raise the premiums. There is nothing the Board can do about that line item in our budget.
In 2013, the community suffered a devastating fire. Eleven months prior to the fire, the Board met with the insurance provider and raised the coverage on our master policy. What they could not do is raise the Ordinance and Law coverage, and that was left at $25,000. After the fire and a long negotiation, the settlement with Travelers was less than satisfactory under the terms of our policy. The Board made the wise decision to settle instead of spending tens, perhaps hundreds of thousands of dollars taking the insurance company to court without any guaranteed outcome. It has been a long road of financial recovery since that event. While our master insurance policy premiums have increased in the intervening years, Management was able to get a reduction in premium cost last year with and increase in coverage amounts both for Ordinance and Law and replacement value coverage.
Harborside is an association that consists of four very old wooden buildings situated on a large body of salt water. At least one of our buildings is more than 300+ years old and two are well over 100 years old. Harborside is a unique historical property that requires proper care, maintenance and repairs in order to preserve it. To do it properly is expensive, and this line item is a large part of our budget.
By way of example, as recently as a few years ago, replacing rails and decking cost the association tens of thousands of dollars annually with no foreseeable end in sight to reducing those costs. In 2014 the Board made the decision to begin to replace high maintenance building materials with sustainable low to no maintenance materials. Though slightly more costly upfront, the long range savings in maintenance and repair will be significant.
So, what is actually covered in our fees?
Water and Sewer
Snow Plowing and Shoveling of Egresses
Landscaping
All-Inclusive Master Policy Insurance (Interior and Exterior of Units) with a Minimal Deductible per Occurrence
Flood Insurance for all 27 Legal Units
General Maintenance and Repairs
Trash Pickup and Recycling Services
Professional Management Services
Website for Owners
Fire and Sprinkler Alarm Monitoring
Basic Cable
Reserves (10 percent of our annual budget)
Annual Seawall Maintenance and Long-Term Improvements
Major Property Improvements to Landscaping, Decks and Rail Systems and Other Improvements that will Ultimately Reduce Continuous Maintenance Costs.
Reserve Contribution to the Preservation and Improvement of the Two Communal Floating Docks and Gangways. (Annual operating expenses for the docks are paid for separately with fees from watercraft owners who utilize the floats for dockage and storage.)
2. Harborside is going to substantially raise fees and a supplemental assessment is going to be levied soon:
FALSE
This is not true. It is the intent of the Harborside Condominium Association Board to avoid special assessments by maintaining monthly condominium fees that meet our anticipated annual budget Since establishing this policy in 2015, our condominium fees have remained the same for the past two years and no supplemental assessments have been levied. Going forward, we expect to continue making substantial improvements to our property with little or no fee increases and without supplemental assessments.
3. Harborside Condominium Association is one million dollars in debt:
FALSE
This is also not true. In fact, quite the contrary. Harborside has a surplus. In the past two years, the Association has put into reserves over $120,000. That is more than 20% of our annual budget. Going forward, we anticipate continuing to contribute 10% of our annual budget to our reserve accounts.
So, while we can’t knock down every falsehood being spread, we hope that this will help set the record straight.
Harborside Board of Trustees
June 6 2017
Dear Harborsiders,
Please allow this notice to be an update on recent court activity. On Tuesday, May 30th, the Board of Trustees attended a hearing in the Superior Court in Newburyport on the matter of Board of Trustees of the Harborside Condominium Trust vs. Joanne Woodman. The issue before the court, brought by the defendant, was a Motion to Dismiss the Trust’s claim for unreimbursed costs associated with the 2013 fire.
On Wednesday, May 31st, the Honorable James F. Lang issued his decision of Denial of the Motion to Dismiss on all counts. He found that the Trust’s allegations of negligence, if credited, were sufficient at this point in the proceedings to state plausible claims against the defendant and permit the lawsuit to go forward.
The defense now must answer the complaint and the discovery process will begin.
The Board of Trustees will continue to update ownership as the process continues.
The Board of Trustees
Clerk’s Notice PDF: ‘s Motion to Dismiss Denied 6.2.17
April 9 2017
Hello Harborsiders and Happy Spring!
Winter seems to have loosened its icy grip, trees are starting to bud, and the crocus and daffodils are starting to show their colors, so it must be the time that Harborside begins to come out of hibernation and many snow birds to come home.
Things are starting to happen here. The construction on the stairwell egress between B & D Buildings has begun. The old inadequate structure for the B8 deck has been removed, and the new joists have been installed. As with many projects at Harborside, rot was found in the sheathing under the shingles in the south side of the overhang between B & D Buildings. That sheathing was replaced and new shingles were installed. The steel posts for the new egress should arrive and be installed tomorrow, Tuesday, April 11. After that construction should move along quickly. The Board and Paradise Construction are mindful that access to D Building needs to be maintained. Having said that, there may be times when access is limited or less than ideal. Everyone involved in this construction project will do their best to limit any issues regarding access. Please do not hesitate to communicate with the Board if there is an issue.
As we stated in an earlier memo to owners, once the structure is in place, there will be a 3-4 week lull in activity when the stair rail system is being ordered and fabricated. We hope to have the egress completed in time for the full summer swing.
As summer approaches and we have more people in town, now would be a good time to remind everyone of some easy security steps we can all take to make Harborside a safe and friendly place.
Before throwing out personal or sensitive information in the trash or recycling, please shred the paper. We have had trash pickers in the rubbish room, and while we’ve alerted the police, it is always good to make sure no one has access to your sensitive information.
If you are away for a few days or more and receive papers or any delivery service, please either suspend service or have someone pick up your papers. The same goes for mail service.
Also, someone vandalized the C Building entrance window. We’ve reported it to police, but if you see someone here who doesn’t seem to belong to Harborside or doesn’t seem to be visiting anyone, politely ask if
you can assist them. If they are just “looking” around or aren’t here for legitimate purposes, it is okay to politely inform them that this is private property and not public access to the harbor. While we don’t want to be rude to harbor-awed tourists or locals, we also have an obligation to keep Harborside private and free from any liability concerns.
Lastly, if there are any safety concerns, do not hesitate to call the police for assistance. While we are a safe community, things can happen. We want to do all we can to make sure we eliminate the bad things from happening.
Dave Haley has assured us that the docks will be coming in earlier this year. Not sure when exactly, but the Dock Committee is working to make it happen as soon as possible. All of the kayak spaces, outhauls and faces are now taken, so the floats should be particularly busy this year. We’re all looking forward to being on and in the water.
The next Trustee meeting is scheduled for May 17th at 3 pm at the residence of Jay and Cissie Carty, unit A1/A2. The annual meeting has been scheduled for August 1st at 6 pm at the Residence of Liz and Bert Michaud, unit D2/D3.
Let the summer begin.
Harborside Board of Trustees.
February 10 2017
February 2017 Owner Update
Dear Harborside Owners:
This is an update of the various projects we’ve completed, those we are completing and those we anticipate we will need to complete in the future. While we cannot anticipate every situation we may be confronted with, this is a fairly com- prehensive update.
Stairwell Egress:
On January 16th, Trustees de Moraes and Carty held an initial pre-construction meeting with the principals involved in the construction of the stairwell egress. The purpose of the meeting was to lay the foundation for and address any con- cerns or overlooked issues prior to the aspirational construction start date of April 3, 2017. Present at the meeting were Bruce Paradise (Contractor), Josh Chislak (Project Manager), Peter Pitman (Architect), Brian Kavanaugh (Structural Engi- neer), Paul Haggett (Contractor) and Brigitte Fortin (Owners’ Representative).
The Board and those present are optimistic that stairwell construction will begin on or about April 3rd, weather and material fabrication permitting. It is anticipated that the structural construction will take between 4 and 6 weeks. However, there will be a 4 to 6 week gap between completion of the structure and the installation of the stainless steel rail system. The rail system cannot be ordered until the structure has been completed, and there is a 4-6 week lead time on the rails.
Additionally, there will be some construction associated with lighting and sprin- kling of the stairwell egress and the primary B Building egress both during and after the construction of the structure.
The Board and Paradise Construction hope to keep disruption to residents to a minimum. During construction, access to D Building will not be impeded.
Seawall:
In the last Trustee meeting we mentioned we received a preliminary draft report about the condition of our seawall and recommendations for maintenance and repair from GZA, the geotechnical firm the Trust retained last year. On January 12th, the Board and Lesley Management met with David Smith of GZA to thor- oughly go over the draft report he submitted to us.
For the basis of the report, last summer GZA surveyed the seawall and property above the low tide water line and put engineer divers in the water to survey be- low the low tide line. The very comprehensive draft report we received divided the seawall into seven sections extending from our property line to the north and down to our southern property line. GZA used a six condition rating assessment system to further describe the seven areas. The rating system ranks the possible seawall conditions as good, satisfactory, fair, poor, serious and critical. Prelimi- narily, most of our sea wall was determined to be fair to poor. With each section of the wall and possible issue, GZA suggested several actions the Trust could take to repair, improve and maintain the wall. Their recommendations ranged from completely replacing the wall with a new wall to cost effective maintenance solutions. The proposals given included wide ranging preliminary cost estimates.
As stated earlier, this report is a draft and is subject to further revision by GZA. We appreciated the comprehensive nature of the draft and the range of options presented to us.
There are two areas GZA felt should be focused on for repair in the very near fu- ture; the corner of the seawall just south of the south gangway and the corner under D Building.
On Thursday, January 19, David Smith and Kevin Pellitier of North Shore Marine visited Harborside to reinspect the two areas of concern in order to come up with a plan going forward to repair and restore those areas of the seawall to prevent possible failure in the future. To that end, David Smith is revising his report to re- flect the various options available to us. We have not yet received that report, nor do we have cost estimates for the possible repair options.
Based upon our meeting with David Smith and the current condition of those ar- eas, we are planning to begin the bureaucratic process of getting permits and permission from the Commonwealth of Massachusetts and the Conservation Commission this summer. We are looking to do repair work in 2018. While we do not have cost estimates yet, we are hoping the cost of repair can be covered through our annual budget and fee structure and not through a supplemental as- sessment.
As we get more definitive information, we will inform ownership
Triage Report Progress:
Many of the areas of concern flagged by the 2015 Exterior Inspection Report have been addressed and repaired.
The rail systems referred to at the beginning of the report are being replaced over time as they rot and become a safety issue and when we have the money to pay for their replacement.
Almost all of the high priority items noted have been repaired or are being ad- dressed. Such items include, but are not limited to, the utility pole on B Building, the north retaining wall, the seawall and the support for the D Building egress.
The fascia on the north east side of C Building is scheduled to be repaired this year.
Many of the items relating to B Building were completed during the reconstruction process including areas of rotted shingles, gutters and painting. The rest of the items will be completed with the construction of the tower egress this spring.
We have begun a list of Harborside projects that will need to be dealt with over time, and that list is attached. While a fairly comprehensive list, there will be is- sues that come up that will be added. Items relating to safety are given first pri- ority. Other items will be addressed when the Trust has the funds to pay for the work.
Trash and Recycling Removal:
Effective February 1st, Marblehead Movers is now responsible for collecting both the trash and recycling.
IMPORTANT: Please note that the recycling must now be separated between paper and glass/plastic/metal. Plastic bags, styrofoam and packing materials are not permitted in recycling and all boxes must be broken down.
The Trust is working with Marblehead Movers on the breakdown of recycling items and further instructions will be communicated to ownership.
Trustee Meeting:
The next Trustee meeting will be a conference call only meeting on February 20th at 3:00 PM EST.
Harborside Board of Trustees
Long Range Harborside Projects
(the list does not reflect order of priority or importance)
- Items reliant on civil engineering firm survey and recommendations for long term drainage issues for all of the Harborside Property.
- Gutter systems for A, C & D Buildings
- Waterproofing of C Building foundation
- Landscaping: hard- and soft-scaping including sprinkler systems
- New driveway and parking lot (minimally will involve rebuilding and compacting of parking lot fill, new asphalt and striping of fire lanes and parking spaces.)
- Repairing areas of the seawall and resolving other long term issues
- Repairing and possible replacement of seawall planter foundations
- Replacement of sprinklers, lighting and water/electrical supply to the floats in the seawall.
- Inspections of C and D Building foundations
- New drainage throughout the property
- Items not necessarily dependent on the results of a civil engineering sur- vey.
- Painting for all four buildings…ongoing
- Roofing replacement/repair…over time
- Sprinklers in common areas of A, C and D Buildings
- Refurbishment of D Building entrance stairwell
- Lighting around property
- Decks and rails around the property upgraded to composite decking and stainless steel rail system. (Entrance to A Building excluded)
- Building/Common area directory sign
- Signage for egresses and docks
- Code-compliant exterior egresses for A and D Buildings
- Masonry repairs and construction throughout the property
- Repairs of various rot issues (shingles, clapboards, posts, fascia boards, etc.)
- Replace plate glass to entrance of C Building with safety dual paned glass.
2016:
November 28 2016
July 7 2016
June 21 2016
Dear Harborside Owners,
Attached please find an update from the Board of Trustees on the B Building Reconstruction and Financials.
Sincerely, Kimberly Lord, Lesley Management, Inc., Property Management Services
June 17 2016
DEAR HARBORSIDE OWNERS:
A Harborside Owner recently asked about the “triage report” commissioned by the Trustees during the summer of 2015, and a copy of that report is attached. The report was commissioned in an effort to more rationally plan for maintenance related expenses in the future. As Owners are all too aware, we have been beset by sudden imperative needs at the same time we have been dealing with the reconstruction costs caused by the October 2013 fire. Moreover, we have been attempting to keep up with ordinary maintenance needs, which are considerable because of the age and location of our buildings. Whenever possible, especially in light of our financial situation, the Trustees are opting to replace elements requiring high maintenance expense with lower maintenance materials, such as the stainless steel railing system and composite decking materials.
This “Exterior Inspection Report” was prepared by CVM Services, LLC. The report approaches each building separately and rates recommended repairs by importance–“High”, critical issues to be addressed immediately; “Medium”, issues to be added to the yearly schedule of repairs; and “Routine”, items to be included as normal maintenance.
The Trustees consider this Report to be a valuable tool going forward and have addressed or plan to address many of the issues presented, especially the “High” issues. Of course, we are faced with the need to balance these issues with the other financial demands we are currently facing, especially the construction of the primary and secondary egresses on the B Building. We can discuss this Report at the meeting on June 28.
Thank you. THE HARBORSIDE TRUSTEES
June 10 2016
TO ALL HARBORSIDE OWNERS;
A meeting of Harborside Trustees and Owners will be held on Tuesday, June 28, 2016, at 3:00 p.m. (EST) at the home of Bert and Liz Michaud (D3). In anticipation of that meeting, the Trus-tees wish to provide Owners with a brief update regarding several important matters.
We have also scheduled the Annual Meeting of Unit Owners for Tuesday, August 2nd. Time and place will be announced soon.
As we enter the busy summer season here at Harborside, construction continues and the park-ing is even tighter than usual. We ask that everyone help out and keep visitor cars at a mini-mum. At times we may need to park off site.
Our contractors have requested that we remind owners that communication to on site workers need to go through the proper channels. If you have questions, concerns or suggestions re-garding work being done, please notify any one of the Trustees so he or she can discuss with the Contractor and report back to the concerned party.
B Egress Construction
B building Egress is mostly completed. The railings for the stairways will be the last portion as they could not be ordered until the stairway was completed and accurate measurements were taken.
The B10 deck and privacy wall are under construction and should be completed before the Trustee meeting. The construction of the egress required some modification to the deck but every effort was made to make it close to the original design.
Further updates including the deck of B9 and the second egress for B and D building will be given at the Trustees meeting on June 28.
North Retaining Wall
The north retaining wall, both the failing cinder block portion as well as the foundational rock wall, have been repaired, rebuilt, cleaned and repointed properly.
Sea Wall
North Shore Marine chinked and caulked the sea wall before the winter season. This summer, the Trust is arranging for the geotechnical firm, GZA, to do a complete engineering survey of the sea wall, and to give us a full report of its condition and long and short term recommendations for maintenance and repairs to the wall. We still have a large bulge in the wall, and some areas of the wall are showing signs of deterioration. Until we see the report, the Trustees will not have any more information to provide.
North Float
The North Float is currently being refurbished. Rot was extensive, dangerously so, throughout the joists and deck and the floatation was disintegrating and falling off. The Dock Committee has been preparing and saving over many years to finance the refurbishment, and all costs are being paid from the HDC reserve account. Currently, Marblehead Marine has taken the float
apart and is preparing to finish the work. Even though an initial deposit for the work was made late last year, Marblehead Marine Construction has not begun the restoration of the joists and decking. Dave Haley has estimated that we will not receive the float until around the 25th of this month. The HDC members are discussing various options for the boat owners who are affected by this delay.
Fire Doors
There has been some confusion about the need for certain doors to remain closed at all times. As most of you know, a few years ago, our insurance company required Harborside to replace all doors which open up into interior corridors to be fire-rated, to have an automatic closing de-vice installed on them, and to be closed at all times. This was not a request from the insurance company, but a mandate for continued insurance coverage. This requirement will help to pre-vent the rapid spread of fire through the common corridors of a building. Propping open these doors or modifying the doors in any way will nullify the safety aspect of the door and would af-fect our insurance negatively.
Exterior doors that open onto a deck, patio, yard or exterior entrance way do not have this re-quirement and may be left open at the owner’s discretion.
Future Anticipated Projects
The Trustees and Management have been working to prioritize the projects that we see before us. To that end, we have been meeting with various contractors, civil engineering firms, ge-otechnical engineering firms, landscape architects, architects, lawyers etc…in order to formulate a 5-10 year plan of action. Much of the discussions have centered around developing a com-prehensive plan to address foreseeable issues, including, but not limited to, constructing the secondary egress, designing and constructing a new code-compliant egress for D Building, maintaining, repairing and preserving our sea wall, addressing our drainage issues including installing new gutters and drains, addressing the weight and condition of our sea wall planters, waterproofing C Building, improving the planter in front of C Building, looking at prevention of fill erosion under our lower lot, grading and repaving of the driveway and parking lot, property light-ing, sprinkling of the common areas of all buildings, reforming our by-laws, master and flood in-surance provider alternatives, replacing decks and rails with materials that don’t require much maintenance, replacement of rotted B Building utility post, setting a painting schedule for the buildings and building a healthy reserve for future projects and unanticipated issues. And this is the short list.
Harborside has faced more than its fair share of challenges over the past few years, and we know we have more ahead of us. But none of the challenges are insurmountable. And the Board is confident that we are moving forward in a positive, productive, logical and cost-efficient way in order to make Harborside the crown jewel of Marblehead we know her to be.
February 22 2016
TO ALL HARBORSIDE OWNERS;
A call-in meeting of Harborside Owners will be held on Wednesday, February 24, 2016, at 3:00 p.m. (EST). In anticipation of that meeting, the Trustees wish to provide Owners with an update regarding several important matters, including construction work that has been finished and additional work that is about to begin.
B Building Reconstruction—We are pleased to report that the reconstruction of B Building made necessary by the October, 2013, fire is completed. While there are a few “punch list” items remaining in some units, we believe the Trust’s responsibility to restore the damaged units to “pre-fire” condition has been fulfilled. All units have received Certificates of Occupancy, so B Building is fully “up and running” again. This reconstruction has been an ordeal for all Harborside residents and Owners and we acknowledge the financial strain and inconvenience suffered by all.
B and D Building Egress Construction—As reported previously, following the 2013 fire, the Town Building Inspector and Fire Department demanded that the existing egress on Building B be brought fully up to Code and that a new egress for D Building be built, fully compliant with current Code requirements. This egress construction was the subject of the litigation regarding the ZBA’s approval which was settled in 2015, triggering the requirement that we commence with the construction. Much of the preparatory work has been accomplished and actual construction will begin within the next few weeks. The principals have met on several occasions; Paradise construction has obtained the necessary permits for the egresses; the property has been surveyed for post and footing placement; arrangements have been made for a pre-construction inspection of the O’Sullivan’s property; and we are addressing several issues regarding landscaping, hardscaping and the effect of construction of some patios. We have been fortunate with the weather so far this winter. Our hope is to complete the B Building egress within six to eight weeks of actual construction work, which will be weather dependent. Some aspects of the D Building egress will be begun immediately (such as concrete footings) but that project is not expected to be completed until early Summer. Of course, this construction will cause inconvenience and parking restrictions, but we are making every effort to have the B Building egress fully completed as soon as possible.
Owner’s Representative—During the re-construction of the B Building, the Trustees sought to oversee the construction process without any independent assistance, with Jon Curtis performing the oversight function. As we embark on the next phase, the B and D Building egress construction, we have decided to retain a professional to serve as our representative. We have retained Brigitte Fortin, a licensed architect, to act as our liaison with the various parties involved, certify that invoiced work has been completed as specified and provide reports on a timely basis to the Trustees. Brigitte has been involved in many of the meetings and on-site sessions to date and, already, she has demonstrated professional and personal skills that make her a very valuable member of our team and we welcome her in that regard.
Financial Status—We are now processing the last AFP (Application for Payment) from Paradise Construction for the B Building reconstruction. There are some minor issues to be resolved which will be discussed in a meeting with Paradise Construction on Tuesday, February 23. These issues will be resolved before final payment is made. This final reconciliation will include a final tally of the change orders that have gone beyond the original contract amount and allocation of those change orders between Owner-originated change orders and orders initiated by the Trust. We want to make sure that all the figures regarding payments to Paradise Construction and to other parties (e.g., architectural, engineering, accounting, legal and public adjuster) are correct before we offer any kind of summary data to Owners.
As we have said previously, the Trustees will provide Owners with a professional accounting of all the B Building reconstruction expenses. We intend to retain an accountant to perform this service and are currently interviewing firms recommended by our attorneys. The accountant, Ben Crowninshield, who assisted Jon Curtis while he was acting as Trustee Liaison, created spreadsheets of invoiced expenses, which will be very helpful in preparing a full accounting along with all the records we have maintained. We expect this accounting work will begin promptly after a professional accountant has been retained and will be made available to Owners as soon as it is completed. In the meantime, should any Owner wish to review financial records regarding the reconstruction following the 2013 fire, those records are in the possession of Trustee Leslie de Moraes. All other Trust records are kept by our property manager, Kim Lord of Lesley Management Company, and are also available for review.
We are still working to finalize the estimate for the egress construction projects. As reported previously, we have negotiated with Paradise Construction and have also sought to have competitive bids from sub-contractors working with Paradise. The current amount of the bid, as of 2/11/16, is $429,940.50, which may increase or decrease to some degree depending on final bids received by Paradise and factors such as what lies under grade—fill or ledge. This is within the amount of the special assessment we had to impose of $450,000. Most Owners have fully paid this assessment or will have by March 1, when the final portion is due.
Legal Guidance—For many years, the Trustees have relied on the legal advice provided by Janet Aronson and her colleague, John Shaffer, of Marcus, Errico, Emmer & Brooks. The complexity of situations and issues following the 2013 fire has caused us to be even more reliant on their counsel, and we appreciate their timely support and involvement. For example, we anticipate their assistance with the few Owners who have not paid fees or assessments in full. Lesley Management will remind and advise, as always and as is appropriate for our community.
However, there are significant financial commitments to be met, and we must have all Owners contributing the amounts for which they are responsible. Further, we are working with our attorneys to pursue any additional avenues for recourse available to us on behalf of the Trust. Our responsibility as Trustees requires us to exercise all the authority at our disposal to assure the financial well being of the Trust.
Looking to Spring—For a relatively small complex such as Harborside, the October, 2013, fire presented a formidable challenge, one that was possibly not fully appreciated in terms of its impact and magnitude at the outset. Since that event, all Owners and residents have had to endure a period fraught with inconvenience, contention and financial hardship, all occurring to the detriment of the Harborside environment many of us have known and enjoyed for many years. We have gained a number of new Owners during this period who have had to share in these difficulties. We, the Trustees, sincerely hope that this Spring will bring about a re-birth of Harborside, not only its physical structure but in the sense of the wonderful community that we know it can be. That is our objective, and we hope all Owners will join us in reclaiming our community.
Thank you,
THE HARBORSIDE TRUSTEES
January 28 2016
HCT Pre-Construction Meeting minutes 1_19_16
2015:
December 6 2015
Dear Harborside Homeowners:
The Trustees received revised egress construction estimates late in the day on Tuesday, December 2nd. As with all preliminary construction estimates, they are just that…preliminary and estimated costs of construction. The revised estimates from Paradise Construction are the results of the Trustees, Peter Pitman (Architect), Bruce Paradise (Contractor) and Josh Chislak (Project Manager) working diligently to value engineer the costs and reduce them. We caution everyone that, as we’ve learned through the reconstruction process, estimates are not final or firm costs. They are not written in stone. They are subject to change due to weather conditions, code requirements, and any number of unforeseen circumstances.
The revised preliminary estimate for Paradise Construction’s cost for building the primary B-Building egress is $406,840.50. This estimate does not include costs for construction control fees, inspection fees, pre- and post- construction inspections, reports by the architect or structural engineer, owner’s representative fees, any exterior painting and any costs associated with winter conditions. It also does not include additional architectural costs, structural engineering costs, police details and fire watches if needed. It does not include the items we are required to do under the terms of our settlement agreement with the O’Sullivans. For example, there is a small allowance for seismograph monitoring, required in the settlement agreement, in the amount of $2,500. Based upon the daily rates for equipment and manpower to read and decipher the equipment, that is certain to be exceeded. Lastly, the estimate from Paradise Construction does not include unforeseen complications that may need to be addressed as construction progresses. In other words, the Trustees fully expect the final cost to build the egress to be more than what Paradise Construction has estimated.
The preliminary estimate for Paradise Construction’s cost for building the secondary B-Building egress for B7/8,D6 is $134,564.10. Again, all of the items outlined above are not included in this estimate as well.
There have been questions raised by a few homeowners about the supplemental assessment, the increase in fees, and the need to construct the egresses as explained. The Trustees hope this letter will supplement our email of December 1, 2015 and help to address as many questions as completely and openly as possible.
As a backdrop to this discussion it is important to bear in mind several factors:
- We have been advised by our legal counsel and our architect that we may not deviate from the plans submitted to and approved by the Zoning Board of Appeals. The only way we can construct something other than what was approved by the ZBA is to start over from scratch and go through the entire design and bureaucratic process again. This approach would not only destroy any goodwill we have with the Town of Marblehead and the Fire Department, but it would open us up to further legal action on the part of our neighbors. The cost of starting from scratch would be astronomical, and not only would Harborside not gain anything from a restart, we would lose. We would need to incur additional architectural fees, additional structural engineering fees, additional attorney fees, and additional administrative fees. Delaying it further would also guarantee increased construction and material costs. We would need to go before Old & Historic, the Conservation Commission and the Zoning Board of Appeals again. Every step of the way, we would be exposed to additional legal actions by neighbors who may not have appealed before. Any sympathy and goodwill Harborside has with the Fire and Building Departments of Marblehead would be greatly tested, to put it mildly. The risks and drawbacks we would face by starting over would far outweigh any benefits we could possibly gain. We would likely end up in the exact situation we are in now, but only after having then wasted much needed money for the egresses and having expended any goodwill we currently enjoy from the town officials.
- Harborside is bound by the terms of the settlement agreement reached with the O’Sullivans. That includes an aspirational timetable for completion of the primary egress, as well as other specific conditions we must meet. The aspirational completion date for the egress is March 31, 2016, subject to unforeseen conditions.
- The Fire and Building Departments of Marblehead have made it clear that they want the primary and secondary egresses built as soon as possible. In particular, the primary egress is of particular concern to the town. They wanted to have us rebuild the egresses and modify the buildings to code years ago, but were unable to force that issue until after we had the October 2013 fire. To be clear, they wanted those built “yesterday”, and they are unwilling to be understanding about our financial situation now. They could pull the Certificate of Occupancy for some or all of the units affected by the egresses until a code compliant egress is built. We cannot permit that to happen.
- Why can’t we build the egresses out of pressure treated wood?
- We can and will build the secondary egress out of pressure treated wood, but not the primary egress.
- The framing material for the egresses was not specified in the ZBA application. However, from a structural engineering point of view, the primary egress has spans too large to allow for pressure treated wood framing. The length of the spans necessarily require steel framing. The answer to the next question explains why the spans are as long as they are.
- Harborside can use pressure treated wood for the framing of the secondary egress because the material was not specified, and the spans are not as expansive. We did incur additional engineering costs to ensure the pressure treated wood would be structurally sound to be used for the secondary egress. As a result, even with the additional engineering fees, we have saved money on the secondary egress.
- Why did we choose steel over pressure treated wood to begin with?
- The design for the egress presented to the ZBA is a modified, minimized version of the original Zarelli design for the egress to comply with the building code. His original design called for the steel framing to allow for wider spans, as well as the stainless steel rail system and wood cap system for aesthetic and property enhancement reasons. His original design also called for wider decks/emergency egresses, which the Board insisted be reduced to comply with the minimum the code required. The overall wider framing spans are less impactful on the overall aesthetics of Harborside, they don’t impact as many views owners currently enjoy and they do not lessen the amount of parking spaces we have. All these considerations help to increase our property values rather than impact them as would be the case with shorter spans blocking the views of residents and eliminating some parking spaces.
- The use of pressure treated wood for the framing would require more support columns, more excavation, and more concrete footings, so the cost for the excavation and concrete work would necessarily be higher than that for the steel framing footings.
- Additionally, more concrete footings would reduce the number of usable parking spaces available to residents, which would further negatively impact our parking space deficit.
- Why can’t we use a wooden rail system and pressure treated wood for the decking?
- The stainless steel rail system with a wood rail cap was specified in the ZBA application, as was the Azek decking materials. We aren’t permitted to deviate from the approve plans as outlined above.
- Part of the reason the ZBA approved our plans was the limited visual impact of our egresses on the neighbors. There are neighbors who did not appeal the ZBA ruling based upon our assurance that we would use that rail system.
- In the long run, the choice of materials will save Harborside hundreds of thousands of dollars in maintenance costs in the future.
- Wasn’t the egress cost included in the original budget?
- Yes, it was. A very rough, preliminary estimate was included in the budget. It was based upon very preliminary designs at the beginning of the project before all engineering calculations were made, a complete cost analysis was done specifically for the egress and the ZBA appeal occurred. However, the reconstruction of B-Building itself has run over-budget for a variety of reasons.
- Unexpected change orders mandated by the Fire Department and unexpected obstacles we encountered for the sprinkler system in B Building are slightly over $78,000 over the budgeted amount, as of today’s date. Some of the mandated changes were bringing a 4” main from Lee street, adding a new alarm system with 24/7 monitoring, additional heating elements to prevent freezing in the sprinkler system and excavating the large amounts of unanticipated ledge we needed to remove.
- Unforeseen change orders mandated by the Building Department in order to bring all affected units and the common areas up to code are over $115,500 over the budgeted amount as of today’s date. Some of the changes involved rebuilding the B Building boiler room, structural reinforcements in the building, costs associated with bringing the stairway to B7/B8 to code, and water intrusion remediation and code compliant insulation under B-10’s subfloor.
- The appeal of the ZBA ruling was completely unanticipated. The costs for this are over $40,000 as of today’s date.
- Additionally, we had many other expenses we incurred, such as additional architectural fees after our original architect left the job, accounting fees, public adjuster fees, costs to temporarily repair the egress to get the temporary Certificates of Occupancy and civil engineering fees associated with the rebuild and the ZBA appeal.
- All of these additional costs, some we could anticipate, but many we couldn’t, ate up the monies we budgeted for the egress.
- What’s the rush?
- As outlined above, we have many time constraints associated with the building of the primary egress.
- We have a ZBA time constraint in that we must begin the construction process for both egresses within one year of the settlement date.
- We have an additional time constraint for the primary egress as a result of the settlement agreement reached with the O’Sullivans to proceed with construction and complete it as soon as possible. They insisted upon, and we agreed to, an aspirational deadline of March 31, 2016 for substantial completion of the project.
- Most importantly, we have the Town Building Department and Fire Department time constraint which requires us to begin immediately on the primary egress and finish it without delay.
- We are planning to focus on the secondary egress once the primary egress is finished. But the excavation and pouring of the concrete footings for the secondary egress will occur at the same time as the primary egress to save money and begin the construction within the one year time table.
- Why can’t the Trust apply for additional loans to fund this egress?
- When the Trust applied for and received the East Boston Savings Bank Loan for the supplemental dues assessment of $900,00 for the reconstruction of B Building following the October 2013 fire, the terms of the loan specified we could not acquire other funding during the course of the loan.
- The Trust applied for the loan to provide a way to ease the hardship of a $900,000 assessment for homeowners. It gave an alternative financing option for homeowners who did not want or couldn’t go out on their own and find financing for the $900,000 assessment.
- Because the Trust has obtained financing for that benefit, the Trust can not go out for alternative financing until the loan with EBSB is paid off. The loan still has over 4 years left before payoff, and because of that, we are faced with the need for individual homeowners to find their own financing for the egresses’ supplemental assessment.
- Do we have any funds left from the original assessment?
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- We have some allowance monies left from the original contract, however, we still have small, but significant, change orders outstanding that we are waiting for Paradise Construction to produce so we can pay them. For example, we have a little over $10,000 in Permit Fee allowances that may be applied to the primary egress. We also have $16,900 in exterior painting allowances that have not been used yet. But these monies will probably be eaten up with the unforeseen, but completed code change orders we’ve yet to pay for. For example, we installed temporary exterior lights to obtain the Certificates of Occupancy for the homeowners who had been displaced for two years. That initial installation was covered by the original contract amount. But now, we will need to pay to have the temporary light fixtures removed and the permanent light fixtures installed. That is a minor, but necessary, cost. There are many, other examples of this type of minor, code-compliant costs that have come up which will eat into whatever monies we have left.
- We hope there will be some monies left to offset the expenses associated with the primary egress, but they will be insignificant to the total cost of the project. The fact that we have any money left at all is miraculous and primarily attributable to the able stewardship of Jon Curtis during the reconstruction process, and his invaluable assistance after leaving the Board.
Understanding the various changes to our buildings over their long history, we are in a period of time where the Trust is being required to bring very old buildings up to modern building code and insurance industry standards. We wish the cost to do so was less, but right now that is not an option.
Some have suggested the Trustees have made decisions without fully considering the financial implications and hardship that such decisions may have on some homeowners. That is far from the truth. The Trustees are homeowners at Harborside as well. Every decision we make affects us, as it does every other homeowner. Many of us are on a fixed income. Many of us have other financial obligations outside of Harborside that weigh on our annual budgets. That is true of the Trustees as well. Every decision we make is made with the best interest of Harborside and the well-being of our homeowners and the future of Harborside in mind.
The Trustees hope you continue to understand and support the efforts to serve and preserve our community on the harbor.
December 1 2015
TO ALL HARBORSIDE OWNERS:
As we approach the beginning of 2016, the Harborside community is faced with significant financial issues. In addition to maintaining our normal operation, we must provide funds for the construction of the primary B Building egress (scheduled to commence very soon), plan for the funding of the secondary egress later in 2016 and meet other imperative needs such as sea wall repair and maintenance, providing drainage and hardscaping in the front of C Building and the repair of the north retaining wall. The Trustees have wrestled with various ways to address these issues and wish to present the following financial plan, which we believe represents the best response to meeting our needs. Unfortunately, both a fee increase and a supplemental fee assessment are required.
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- o 2016 Budget-The attached budget for 2016 calls for an increase in fees of 17% over the current year’s fees. Although we have striven to avoid a substantial increase in fees, there are three major factors which have driven us to this result: (1) a significant increase (30%) in our insurance costs for master and flood policies; (2) projected costs for sea wall repair and maintenance and the north retaining wall; and, (3) the necessity to raise funds for the construction of the secondary egress on the B Building. With respect to the secondary egress, we expect its construction will not begin until later in the year, following the construction of the primary egress. Moreover, we are still exploring possible reductions in the cost of its construction. Accordingly, we determined to fund the secondary egress through an increase in fees rather than include it in the supplemental fee assessment described below. It is our hope to revisit this fee increase in preparing the 2017 budget and not carry it forward, if possible.
- o Supplemental Fee Assessment for B Building Egress-As there are several new Owners and other Owners who have raised questions about the egress, a brief history of why it is an issue is included below. Our conclusion, after exploring the many structural, architectural, regulatory, legal and financial issues involved, is that we are obligated to build the primary B Building egress as currently designed and approved by the Zoning Board of Appeals, and do so as expeditiously as possible. While we do not have final estimates for the cost of construction, we are facing construction expenses in the area of $450,000, a substantial portion of which must be generated and available very soon. Recognizing the financial burden this assessment places on Owners, we have planned for a phased assessment. Owners are requested to pay their allocated percentage amount (based on $450,000) by January 1, 2016. However, Owners who wish to pay one-third of their assessment amount on January 1, may do so, followed by one-third on February 1 and the final third on March 1. Lesley Management will provide Owners with
their individual assessment amounts. We would appreciate knowing as soon as possible which Owners will be following the “phased payment” outlined above. We regret the need for this assessment, but have determined that we have no other choice but to proceed as outlined.
o B Building Egress “History” -An important point to begin with is that the egress is technically a fire escape required by law for certain units in the B Building. While it may appear as a “deck” to some, its usage must not interfere with its primary purpose of serving as a fire egress. In the spring of 2011, the Trustees (then Nowland, Hendriks and Walters) noted that the fire escape stairs from the third level egress to the second floor egress were in disrepair and issues existed with windows blocking the use of the egress. The rotted stairs were repaired, and the Trustees began to investigate longterm solutions. A first option was to re-design the “ship’s ladder”, but that was dismissed because the stairs would block windows of certain units.
A second option explored was based on a design by an architect, Paul Fermano. This design was discussed with the Town Building Inspector, Bob Ives, who had required that any design must be approved by a licensed architect. This plan called for the removal of the upper stairway, widening the lower stairway and making necessary adjustments to the width of the egress as required. By November, 2011, conversations with the Building Inspector revealed that additional code requirements would have to be met beyond the then egress’s “grandfathered” status under the fire code. Trustee Nowland and Architect Fermano presented a re-design to the Building Inspector and the Fire Safety Captain, Mike Porter, in January 2012. Through these discussions and some additional modifications, such as lighting, a design was agreed to. That design was submitted to and approved by the Old & Historic Districts Commission on March 20, 2012 and the Conservation Commission on April 12, 2012. One condition of the approval by the O&HDC was that the design must be approved by all Owners. That unanimous approval was not obtained, and it was decided to attempt to modify the design with a retractable ladder, which would require a waiver from the Town.
In October, 2012, two of the then Trustees (Nowland and Raymond) met with Town officials to discuss suggested means of meeting the egress requirements, such as the retractable stair, lighting and sprinklers. The Building Inspector advised that none of these suggestions would be acceptable and suggested the retention of a code compliance consultant. After seeking proposals for this service the Trustees retained a code consulting firm, AKF. The expert from AKF prepared a report and inspected the property with the Building Inspector in November, 2012. In late December, the Building Inspector sent a letter to the Trustees stating his disagreement with the solutions presented in the AKF report. Further, he advised the Trustees of the need to either move forward with the plan approved by Town Commissions earlier that year or expeditiously present a new plan for consideration.
Architect Fermano indicated he did not want to consider alternatives to the plan he had designed and had been approved by the Town Commissions. Accordingly, in March, 2013, the Trustees engaged Architect Walter Jacob to consider and develop new designs for the required egress. Over the spring and summer of 2013, the Trustees and Architect Jacobs met a number of times and Jacob also had several meetings with Building Commissioner rves. Those discussions were continuing when the fire of October 26, 2013 occurred.
During the fire, the “ship’s ladder” stairs gave way under the weight of a firefighter, who fortunately escaped injury. Also, a number of firefighters noted the instability of the upper level of the egress, causing them to change their route of ascent to the roof with water hoses. These incidents came to the attention of the Building Inspector and the Fire Safety Captain, who both promptly issued a requirement that Harborside must re-build the B Building egress completely in compliance with current code requirements. No further “grandfathering” or waiving of code requirements would be allowed.
Architect Bob Zarelli, working with Paradise Construction, became the architect for the re-construction of B Building, including the egress. A design prepared by Architect Zarelli was submitted to the O&HDC and approved at a meeting on April 15, 2014. Importantly, both the Fire Department and the Building Inspector urged the O&HDC to approve these plans because the egress is a significant safety issue. The approval by the O&HDC did not include any requirement regarding unanimous consent of Owners at Harborside.
The design approved by the O&HDC included the use of steel structural material and also the stainless steel railing system. However, the plans submitted to the O&HDC were not in conformity with instructions by the Trustees, which called for the egress to meet minimal requirements of the Town for a fire egress. Architect Zarelli was asked to re-draft the plans and it was determined such re-draft would not affect the approval received from the O&HDC. Architect Zarelli subsequently resigned from the reconstruction project and was replaced by Architect Peter Pitman.
Architect Pitman prepared a modified design of the egress for submission to the Marblehead Zoning Board of Appeals along with a request for a variance on August 21, 2014. Included in these plans was a design for a secondary egress to serve two units of the B Building pursuant to requirements imposed by Town officials during the re-construction. On September 25, 2014, the ZBA filed a written decision granting the requested variance. On October 14, 2014, an appeal of that decision was filed in Land Court by neighbors of Harborside, the O’Sullivans. That appeal was resolved by a settlement between the parties and the action was dismissed by the Land Court on November 6, 2015.
The dismissal of the ZBA appeal triggers our obligation to the Town of Marblehead to re-build the primary egress within a reasonable period of time. We are also obligated under the settlement agreement to proceed expeditiously. Similarly, we must begin construction of the secondary egress in a timely manner. Therefore, we are required to construct both the primary and secondary egresses as approved by the various Town Commissions within a reasonable period of time.
The Trustees have made every effort to reduce the costs of building these required egresses. In exploring various cost cutting options, we were cautioned by our attorney that we may not deviate from the plans submitted to and approved by the ZBA We were also advised that we may not substitute alternative types of materials that were specifically approved by the O&HDC and the ZBA Lastly, the Town of Marblehead’s Building Department has indicated now that the ZBA appeal has been settled, we may not delay the construction and ultimate completion of a code-compliant egress. We therefore have reached the conclusion that the best course for Harborside is to proceed with this final step of re-construction without further delay.
We look forward to entering 2016 on the path to making Harborside the fully functional and enjoyable community that we know it can be. We hope all Owners will join us in that quest.
Thank you,
THE HARBORSIDE TRUSTEES
The 2016 Budget is attached to this Trustees’ Memo under the “Memos; Financial Memos; 2015” tab.
November 6 2015
TO ALL HARBORSIDE OWNERS:
Since the call-in meeting of Harborside Owners on Wednesday, October 21, there have been some important developments about which we wish to advise Owners.
ZBA Appeal—Last week, the Harborside Trustees signed off on the settlement agreement and cross-easement agreement that will end the appeal of the ZBA decision and this week the O’Sullivans have signed off as well, meaning that the settlement has been agreed to by both sides and litigation will cease. A joint motion for stipulated dismissal is being filed with the Court and we expect an order of dismissal will be issued promptly. We are very pleased that this litigation has ended and we look forward to moving on and restoring good relations with all neighbors of the Harborside community.
B Building Egress—The dismissal of the ZBA appeal triggers our obligation to the Town of Marblehead to re-build the main B Building egress within a reasonable period of time. The Town Building Inspector had allowed us to repair the existing egress for the duration of the litigation with the understanding that we would re-build the egress according to current code requirements once the appeal was concluded. As previously reported, a recent estimate of the egress construction cost was substantially increased from the original estimate received in 2014. Anticipating the settlement of the appeal, we have initiated meetings with Bruce Paradise of Paradise Construction, our architect, Peter Pittman, and others to develop strategies for reducing the overall cost of the egress from the current estimate of $450,000. As a result of our negotiations with Paradise Construction and the seeking of new bids for component parts of the project, we hope to reduce the cost. At this time, however, we cannot provide more definitive cost figures because the negotiation and sub-bidding process is still under way.
Additional Egress for B-7 and B-8—Because the Town considers the additional egress for Units B-7 and B-8 to be a matter of safety and code compliance, we have been advised that it is necessary to construct this egress in a timely manner. While it is not possible to delay the timing of building this egress, we are exploring possible means of reducing the cost through the use of different materials than originally planned. This egress has also been a subject of discussions among the Trustees, Bruce Paradise and Peter Pittman.
Sea Wall—North Shore Marine is about to commence work to chink, repoint and replace missing stones in the sea wall. This work is being done now in preparation for the winter. In the spring, GZA will conduct a thorough survey
of the sea wall and report to us regarding short-term and long-term repair and maintenance needs. We had hoped to have the survey performed by GZA before this winter but that was not practicable.
Financial Implications—As noted above, the settlement of the litigation means that we must begin work on the B Building egresses as soon as reasonably possible. Currently, we are engaged in the dual effort of determining the costs of the egresses and developing a plan to meet that financial need. We are seeking to develop both the final numbers and a funding plan as expeditiously as possible and will keep all Owners informed as we progress. We also must be mindful of future expenses which are anticipated next year in connection with sea wall repair.
Thank you,
THE HARBORSIDE TRUSTEES
October 19 2015
TO ALL HARBORSIDE OWNERS:
On Wednesday, October 21, a call-in meeting of Harborside Owners will be held. In preparation for that meeting, the Trustees wish to provide an update on some of the more important issues that will be discussed.
- Certificates of Occupancy-All Units have received Certificates of Occupancy except Unit B-10, and that Unit is expected to receive its CO very soon. Once again, we must express our appreciation for the patience and understanding all Owners have exhibited during the long period of reconstruction since the October, 2013 fire.
- ZBA Appeal-At the last meeting, Owners were advised that all the substantive elements of a settlement agreement to end the appeal of the ZBA decision had been agreed to and that final easement specifications and engineering drawings were being prepared. Those additional items were completed and met with the approval of the Trustees, which was communicated to counsel for the O’Sullivans more than two weeks ago. We had been informed that the O’Sullivans had expressed their approval previously, but the final approval has not been forthcoming. We are advised that as soon as the approval from the O’Sullivan’s attorney is received, a stipulated motion for dismissal will be filed and the case will be promptly dismissed. We wish to stress that there is no further action required from the Harborside Trustees to terminate the case.
- Sea Wall-Since the beginning of this past summer, the Trustees have been actively assessing the conditions of our sea wall and pursuing the permission of the proper authorities to maintain and repair some problems that we have become aware of. In addition to the obvious erosion of some of the concrete pointing above the high tide mark, there is a bulging area of the sea wall below the high tide mark, just north of the south gangway, that is of immediate concern. On October 5th, the Conservation Commission issued the “Order of Conditions” for immediate and ongoing sea wall maintenance and for repairs in two areas of the wall, including the bulging area. We expect the maintenance work will begin within the next several days, depending on weather and tide conditions. We have engaged North Shore Marine, a company that specializes in building, repairing and maintaining sea walls, to chink, repoint and replace some missing stones in our sea wall. We are hopeful this work will see us through until the spring without any major failures in the wall. The Trustees have also retained GZA, a geotechnical engineering group well versed in sea wall construction, repair and maintenance to conduct a thorough survey of the sea wall both above and below low tide marks. We have asked them to submit a report that identifies areas of concern, propose repair options and outline short and long term maintenance/repair schedules and goals. The survey will be conducted next year when our floats are in the water. The estimated cost of the current maintenance work will be on the order of $21,000. While the cost of the necessary permanent repair work is not known at this time, we expect that it will not be insignificant.
- B Building Egress Additional Expense-We have been advised that the original estimate for construction of the B Building egress, approximately $270,000, must be increased substantially. The current change order has an estimated cost of $450,000. The Trustees have met with Peter Pittman, our architect, on several occasions, as well as Bruce Paradise, to develop and compare various strategies for reducing the overall cost of the egress. Although we explored the possibility of putting this project out for separate bids, we are convinced that the best and most cost effective strategy is to continue to work with Paradise Construction. To that end, we are engaged in direct negotiation with Paradise Construction and are undertaking “value engineering”, which means seeking competitive bids on the sub-contractor level. These discussions are underway but will take some time to complete, so at this time we do not have a definitive cost estimate for the completion of the egress. The Trustees are examining and actively pursuing all means of reducing the cost as much as possible.
- Additional Egress for B-7 and B-8-As reported earlier, we are looking at various means to reduce the cost, and perhaps delay the timing, for the egress for Units B-7 and B-8.
- Financial Implications-As the B Building reconstruction progressed, unanticipated costs were incurred, most significantly code upgrade requirements, such as the sprinkler system and the rebuilding of the utility room, and the appeal of the ZBA decision by the O’Sullivans, with its attendant legal costs. Once the ZBA appeal is dismissed, which we expect to occur imminently, we are obligated by both the Town of Marblehead and the terms of the settlement agreement to begin work on the egress as soon as possible. Undertaking that work entails meeting the financial obligation it requires. As we will discuss at the meeting on Wednesday, the increased cost of the B Building reconstruction and the egress, plus expected costs in the near term for sea wall repair, mean that we will likely not be able to fulfill the objective of avoiding increased fees or additional temporary supplemental fees. We look forward to having a discussion of the many issues we face and how to deal with them at the meeting on Wednesday.
Thank you,
THE HARBORSIDE TRUSTEES
PDF Version and Budget: Update 10192015
September 17 2015
September 17, 2015
TO ALL HARBORSIDE OWNERS:
The Harborside Board of Trustees did not schedule a meeting during September. However, there are some important developments that we wish to report to Owners.
• Certificates of Occupancy—We are very pleased to report that Certificates of Occupancy have been issued for Units B-2, B-5 and B-6 and those Owners are proceeding to move back in. We are hoping Unit B-10 will receive its Certificate within the next month, if all goes according to schedule. The long period of reconstruction of units damaged during the fire of October, 2013, has been an extreme test of patience, and we are grateful it is finally coming to a conclusion.
• Unit B-9—The sale transaction of Unit B-9 has been completed, resulting in the recovery of slightly more than $65,000 owed to the Trust in back fees, assessments, late fees, legal expenses and reconstruction assessments and interest. We are pleased to report that another negative situation of long-term duration has successful concluded, as well.
• Building B Egress—While the substantive elements of the settlement agreement to end the appeal of the ZBA decision have been agreed to, final easement specifications and engineering drawings are still being prepared. Although we are advised the dismissal of the appeal is eventually going to occur as a result of the settlement, we cannot give a date certain for the dismissal. Once the dismissal is final, we are under an obligation to the Town to construct the code-compliant egress as soon as reasonably possible. We received a proposal for the new egress that is considerably increased from the preliminary estimate we received in early 2014. That preliminary estimate was based on preliminary drawings from the first architect on the project. The design and engineering for the egress have undergone some changes since then because of the ZBA appeal and necessary code requirements. We met with the contractor, architect and engineer on September 15th regarding this estimate and how it might be reduced. At this point, we do not have definitive numbers to provide.
• Additional Egress for B 7/8 – The proposal we received for the primary B Building egress did not include the costs for the Egress for Units B7/8. We are looking toward this egress also being accessible by D6 as well. That egress is part of the ZBA ruling and needs to be built at the same time as the primary B Building egress. We are working with the contractor, architect and engineer to minimize the costs of the construction of this egress as well.
• Sea Wall—The sea wall has exhibited visible deterioration recently and an engineering report concludes that we must do substantial maintenance and repair
work with some urgency. We are in the process of obtaining the necessary approvals and permits from the Conservation Commission, and expect that maintenance work will begin sometime next month. We are also in the process of receiving bids for the necessary repair work, which will be substantial in nature.
• Financial Implications— We are facing potentially significant expenditures for the B Building egresses and the sea wall. The north retaining wall, front of C Building and the egress for Units B-7 and B-8 all remain as priority projects which must be undertaken in the near future. At the Annual Meeting, when we presented the preliminary 2016 budget, we indicated that we would try to avoid any increase in common fees for 2016 and to avoid any supplemental fees during the year. Unfortunately, we now need to put all Owners on notice that given the unexpected increase in the B Building egress estimate and the as yet unknown, but possibly substantial expense of seawall repair, we may not be able to fulfill the objective of avoiding increased fees or additional temporary supplemental fees. We will inform all Owners of these financial developments and their implications as soon as they become available to us.
We remain committed to reducing the pain of any increase in fees or supplemental fees and are looking at all options.
Thank you,
THE HARBORSIDE TRUSTEES
September 4 2015
Dear Harborside Residents,
Today, we received extremely good news. Certificates of Occupancy have been issued for Units B-2, B-5 and B-6. We are now focused on getting one for B-10 as quickly as possible. As a result, the Trustees have decided to lift the temporary parking restrictions for now. Please remember that you may only utilize the number of spaces assigned to your unit, whether it is your car(s) or your guests who are parked in our lot. If you have guests parking down here, please ensure that your unit number is on their guest pass.
Also, we would like to remind you that we will still have a great deal of construction activity going on. In addition to our top priority of getting B-10 finished, we have several units that are planning renovations, and there will be work done on the sea wall. Space will still be very limited, and you may need to find space off-site while workers are here. The temporary parking restrictions will need to be reinstated when we paint B Building, begin construction on the emergency egresses and repair a portion of the sea wall. We will let you know when we have a construction schedule and time table for those items.
Additionally, the Trustees are working to formulate winter parking and long-term parking rules going forward. As soon as those have been finalized, we will publish them.
We apologize for the continued inconvenience, but we’re beginning to get back to normal and we thank your for your continued patience and understanding.
The Board of Trustees
July 31 2015
Dear Harborside Owners:
The Harborside Board of Trustees has approved the following annual inspection and maintenance schedule.
Homeowners will be responsible for annual inspection of the following items:
Furnaces and HVAC units
Dryer vents
Wood-burning fireplaces*
Outdoor natural gas connections supplying indoor fireplaces.
Inspection reports must be sent to and received by the management company by December 31st of each year. Any deficiencies or necessary repairs found during the course of inspection(s) must be corrected within a reasonable period of time, and a report confirming the repair must be sent to the management company. If reports are not received by the management company, the Trust will assume inspections and/or repairs have not been completed. The Trust will then arrange for the inspection(s) and/or repairs, and the cost for the inspection(s) and/or repairs will be charged back to the homeowner as part of the following month’s regular association dues.
*Homeowners with wood-burning fireplaces may be granted the right to defer inspections to occur every other year on the basis of non-usage. The request for deferral of inspection needs to be made in writing to the management company and approved by the Board of Trustees.
Thank you,
The Board of Trustees
May 19 2015
May 19, 2015
Dear Harborsiders:
You have seen or heard that a delivery of building materials arrived at Harborside yesterday. This included lumber for repair the B Building Egress in kind to obtain Certificates of Occupancy for the four units that are being reconstructed.
On Saturday we signed a change order with Paradise Construction to repair the Egress in the amount of $6,351.40. This is to repair items of structural deficiency and rotted elements. Although this is considerably below the initial estimate used to obtain the building permit from the Town of Marblehead, it is based on an examination of the actual structure by Brian Kavanaugh, the structural engineer, Josh Chislak, the Paradise Project Manager, Peter Pitman, our architect, and Trustee Curtis. We understand that we may encounter additional requirements due to conditions that are not readily apparent (as is often the case at Harborside), but we are confident this is the right approach.
It is anticipated that the repairs could be completed next week (weather permitting), and then the temporary scaffolding can come down. If all goes well, we hope to have the four units available in July.
Please understand that this is possible under an agreement reached with Marblehead officials as an interim accommodation during the Zoning Variance appeal and pending litigation. Under this agreement Harborside Condominium Trust is committed to building a code compliant egress for B Building once the appeal is resolved.
Harborside Board of Trustees
April 29 2015
Dear Harborside Owners:
In the last Trustee meeting, we assured you we would give you an update on the O’Sullivan matter when we had any further information.
On Wednesday, April 22nd, the O’Sullivans had in their possession our last and best offer for resolution of their appeal of the ZBA’s ruling. The offer was presented to them the week before last. Our offer to the O’Sullivans included an increase in the scope of the retaining wall/landing we initially proposed to them. The small retaining wall/landing was recommended by the geotechnical survey and evaluation requested by the O’Sullivans and required by the ZBA ruling, and our latest offer increased the scope of the retaining wall, above and beyond that recommendation. We also proposed restoration of the hillside on their property to pre-disturbance condition, and we offered to guarantee, in perpetuity, that nothing greater than 4’ in height would be built or planted along our mutual property line. As a show of good faith, and in an effort to bring this dispute to a close, we also made a generous cash offer to them as a contribution toward their desire to build an additional supplemental wall along their entire property line for the exclusive enhancement of their property. This supplemental wall would be situated completely within their property boundary, and they would have absolute design and construction control of it. Lastly, we agreed to various liability and indemnification assurances regarding the initial retaining wall and the egress stairway landing we proposed at the outset of negotiations.
The few requests the Trust made of the O’Sullivans were that they indemnify us and hold us harmless for the design and construction of the supplemental wall that they would design and build and which would solely benefit them. We also asked that the construction of that wall be done without incursion into or usage of Harborside property to achieve it. Lastly, we asked that they remove the portion of their fence and all plantings currently trespassing on Harborside property.
The deadline for their reply was the evening of April 22nd at 5 pm; the same date as our Trustees meeting. The fact that we had not heard from them prior to the start of the meeting and the deadline had not yet passed was the reason we expressed to you that we considered the negotiations to be at a very critical stage at the time of the meeting. We did not want to do or say anything to interfere with the O’Sullivans’ decision making process…including, but not limited to, having a few Harborside owners who are friendly with and have shown support for the O’Sullivans’ position, give the O’Sullivans their versions of the tone, tenor and substance of what the Trustees may or may not have said about the proposed settlement. We did not want any misunderstandings or discussions outside the communications between the attorneys to manipulate and inflame the O’Sullivans and cloud their consideration of our settlement proposal.
It is the reason we have chosen to err on the side of providing less information publicly and certainly no information that is of an attorney-client privileged communication.
During the course of the meeting, we assured you we remained hopeful and optimistic that a settlement could be reached. And during the meeting we were genuinely hopeful and optimistic that we could reach a settlement with the O’Sullivans. Unfortunately, the O’Sullivans have not accepted our offer and a settlement has not been reached. As of today, we are no longer optimistic that a reasonable resolution benefitting both sides can be reached with the O’Sullivans. The Trustees have made the difficult decision to proceed with the temporary repair of the emergency egress for B-building as it existed prior to the fire of 2013. While certainly not our first choice or an ideal course of action, we’ve come to the conclusion that we have no other option available to us in order to get our displaced neighbors back in their units as quickly as possible. This rebuilding of the egress as it was prior to the fire will provide access to all the repaired units, hopefully by this summer.
Regrettably, this also means we must begin the preparations for discovery and a possible hearing in Land Court. We have no other choice available to us because of the deadlines set by the Land Court Judge.
The lines of communication between the attorneys remain open. We hope through continuing communication that perhaps some sort of accommodation can be reached with the O’Sullivans. The Trustees are certainly not closing the door, but we realize we must be reasonable in our expectations. Negotiations require both parties to want a settlement and work toward that goal in good faith. Sadly, we have reluctantly concluded the O’Sullivans do not share this goal with us.
We sincerely hope you understand the position the Trustees find themselves in and the reasons for our careful communications. As we are now entering into a new legal phase of the appeal, we will be unable to give any more details until something significant changes. We appreciate your continued patience and understanding in the face of an increasingly difficult situation for everyone.
The Board of Trustees
March 24 2015
March 12 2015
As we stated in the Trustee Meeting on Wednesday, March 4th, the Trustees are hopeful for a fair and equitable resolution to the O’Sullivan’s appeal in the very near future. Currently, negotiations are at a very sensitive point, and the Trustees have determined that any discussion regarding the current talks and activities should be limited to the Trustees and Counsel.
The Board has full and complete confidence in the legal team, and with the design and construction professionals representing the Association’s interests in this and all matters.
We will provide further information to you as appropriate.
Sincerely, Harborside Board of Trustees
March 3 2015
TO ALL HARBORSIDE OWNERS:
Attached is a letter dated February 18, 2015, from Jeffrey Angley, Esq., who represents the O’Sullivans in their legal action against Harborside and the Marblehead Zoning Board of Appeals, to Frank Muzio, our attorney, regarding possible settlement of the legal dispute. This will provide background for the response sent on February 27 to Atty. Angley by Atty. Muzio on our behalf.
Again, please do not discuss this matter with individuals outside the Harborside ownership community.
THE HARBORSIDE TRUSTEES
PDF copy: Muzio Settlement L. 02 18 15
February 27 2015
TO ALL HARBORSIDE OWNERS
Continuing the process of negotiations to settle the suit initiated by the O’Sullivans against Harborside and the Marblehead Zoning Board of Appeals, the attached letter was sent today to Jeffrey T. Angley, Esq., who represents the O’Sullivans, by our attorney, Frank Muzio.
As the letter indicates, its terms must be accepted by March 5, 2015, or we will proceed to file a Motion to Dismiss. Please do not discuss this matter with individuals outside of the Harborside community.
THE HARBORSIDE TRUSTEES
LAW OFFICE OF ROBERT W. WELCH AND FRANK P. MUZIO
Robert W. Welch, Frank P. Muzio, Meredith R.S. Kroon,
Jacqueline Voss Lees, (Of Counsel}
27 CONGRESS STREET, SUITE 512, SALEM, MASSACHUSETIS 01970
978-744-0637, Fax No. 978-744-3650,
E-MAIL: fmuzio@welchmuzio.com
TRANSMITTED VIA EMAIL TO: Jangley(cl),phillips-angley.com AND U.S . MAIL
February 27, 2015
Jeffrey T. Angley, Esq., Phillips & Angley
One Bowdoin Square, Boston, MA 02114
RE: O’Sullivan v. Marblehead Zoning Board of Appeals, et al
Dear Jeff:
Let this serve to confirm receipt and respond to your Settlement Communication dated February 18, 2015 in connection with the above noted matter.
In general terms, and as we have discussed numerous times already, my client originally proposed plans which called for removal of as little ledge as possible in conjunction with construction of the subject stairway. My client remains committed to those plans. As further discussed and communicated to you on several occasions, Harborside’s work will consist of minimal excavation using hand tools and possibly a pneumatic or hydraulic hammer to remove approximately 6 to 12 inches of ledge over the small area adjacent to the existing stairway and under the proposed stairway. None of the ledge removal will take place outside of the property bounds of Harborside.
With particular reference to Paragraph I (b) of your February 18th letter, the work you describe therein is exactly what my clients proposed from the outset and has already been confirmed by both the O’ Sullivans’ and Harborside’s engineers.
With that said, fo llowing review of your latest settlement proposal with my clients. the terms are not acceptable. The scope of the proposed terms extends to matters far beyond the O’Sullivans’ appeal. The extensive retaining wall demanded by the O’Sullivans is a significant improvement to their property and is not for protection from the construction proposed by Harborside. The O’Sullivans’ efforts to accommodate the Zarell is are obvious. My client has no intention of extending any benefits whatsoever to the Zareilis or any other neighbors outside of the settlement which will be limited to matters affecting the O’Sullivans. only.
In an effort to determine if settlement is possible once and for all, my clients are agreeable to constructing the retaining wall in the area adjacent to the stairway at a height of 12″ above the slope of the landscaped surface as it existed prior to the minor excavation in order to provide lateral support to the O’Sullivans’ property. The retaining wall Harborside contemplates is shown conceptually in the sketches attached to the October 6, 2014 UTS Memorandum which has al ready been reviewed and recommended by the O’Sullivans’ engineer. Anything beyond that is unnecessary and therefore unacceptable. The retaining wall will be designed by Harborside and constructed at its expense with permission of the O’Sul!ivans to enter upon their property for all purposes connected with designing and constructing the wall. Harborside will be responsible to restore the O’Sullivans’ property to its prior condition upon completion of the work.
My clients have further instructed me to advise you that this counteroffer is open until the close of business March 5, 2015. If we have not reached an agreement by that point the offer shall be withdrawn and as I have already notified you we will move to dismiss.
In addition to the above. my clients are still prepared to fulfill the agreements set out in my December 5, 2014 response to your initial settlement proposal on November 18. 2014, but no other terms.
This is my client’s best and final offer.
If after reviewing this letter you have any questions, please do not hesitate to contact me.
Very truly yours,
Frank P. Muzio
FPM/dc
cc Robert C. McCann, Esq.
Client
PDF copy: Jeffrey T Angley Letter 2-27-15 re O’Sullivans
February 7 2015
February 5 2015
Hello Harborside Owners and Renters,
Attached for your reference are the Temporary Parking Rules in Effect During The Building B Reconstruction. Unfortunately, as was most evident during recent snow storms, these rules are not being followed. In the past 24 hours, we’ve had multiple vehicles for the same unit parked in the lot, overnight guests parking vehicles, and carports not being used as the “one” parking space allotted. Additionally, we have vehicles parked in the lot that belong to owners and renters who are out of town for an extended period of time and which interfere with snow removal.
The violations of these Parking Rules, are resulting in additional costs to the Association for return visits to remove snow, and by vendors who didn’t have access to the lots. These violations have lead to excessive snow removal costs and an overall delay in the schedule of B Building reconstruction.
Because of these violations, we have no choice but to mandate absolute adherence to the Temporary Parking Rules in Effect During the Building B Reconstruction. Vehicles found in violation will be towed out of the lot at the owner’s expense. Owner’s may also be charged a fine and/or additional costs that the presence of the vehicle in violation may have caused the association to incur.
There will be no further warnings. All residents must adhere to these Temporary Parking Rules. We trust that you will take this notice seriously and thank you in advance for your anticipated cooperation.
In addition, owners and renters are reminded not to communicate with vendors and construction personnel. Recently, someone at Harborside directed one of the Paradise Construction subcontractors to leave the lot because they insisted there was not sufficient parking for residents. This behavior is unacceptable, and such conduct must cease. If there are any concerns about contractor’s or subcontractor’s personnel or vehicles, those matters should be directed to Lesley Management immediately. If Lesley Management is not available, then please refer the matter to Jon Curtis. If it is found that such conduct interferes with construction or delays the rebuilding process, the owner and/or renter responsible will be held financially liable for all costs associated with those actions.
Thank you for your understanding and cooperation.
The Board of Trustees
Harborside_Parking_Rules_During_B_Bldg_Reconstruction
January 7 2015
To: All Harborside Owners and Residents
From: The Harborside Trustees
Date: January 7, 2015
Re: Best Wishes for 2015
While saying “best wishes” for a new year may seem a cliché, the Trustees want to
express that sentiment to all Harborside Owners and residents most sincerely. The past
year has been fraught with many difficulties at Harborside. These issues have taken a toll
on our community and strained the sense of common purpose and well being that once
was a source of strength and pride.
In addition to the considerable task of reconstruction after the October, 2013 fire, we
have also had to undertake significant maintenance projects. The amount of collective
time and effort required to address these issues has been enormous. Moreover, the
resulting financial burden on all Owners has been extreme and the disruption and
inconvenience caused by the reconstruction and other projects have been considerable.
Entering 2015, the Trustees wish to expressly commit to the objective of bringing
Harborside back to its normal state as a highly desirable, attractive, welcoming and
enjoyable place to be. This will involve more than just the physical reconstruction of
areas affected by the fire and completion of maintenance projects. We also must seek to
restore the sense of good will and community among all residents. When the scaffolding
is down and the contractors’ trucks and equipment are gone, we want the spirit of
Harborside to be strong and flourishing.
Unfortunately, during the past year, too much of the dialogue among us has been tainted
by divisive, derisive, destructive or inaccurately supported comments. A discussion of
issues that includes unsubstantiated rumors based on anonymous sources cannot be
productive. The lens of “them and us” is always distorting and, certainly, personal
attacks or allegations of a lack of honesty are toxic in a dialogue among members of our
community.
All of us share an interest in bringing Harborside back to being the delightful home and
community it has been in the past and can be in the future. It is in that spirit that the
Trustees express these sentiments and encourage every Owner and resident to join us in
this endeavor.
Thank you.
The Harborside Trustees
2014:
December 7 2014
Dear Harborside Owners:
November 24 2014
Harborside Update: November 24, 2014
B Building Reconstruction:
Insurance Negotiations – We reached a settlement with Travelers and have received final payment. Total of all payments is $975,000, which includes $950,000 for securing the building, demolition, and reconstruction; and $25,000 for code upgrades (policy limit). Code upgrades include sprinklers, egress and interior features (wiring, plumbing, partitions, insulation, etc.).
Zoning Board of Appeals – The O’Sullivans, owners of 30 Lee St., filed a suit against the Town of Marblehead Zoning Board of Appeals (ZBA), also naming the Harborside Condominium Trustees, which seeks to overturn the variance granted by the ZBA. Counsel for Harborside, the Town and the O’Sullivans are discussing possible resolution. A case management meeting is scheduled for December 5, 2014. As this matter is under litigation, it is inappropriate for the Trustees to comment further.
Egress Construction – Once the litigation is resolved, the Trustees will determine the best course of action to implement the construction. This likely will be the last scheduled construction activity and will determine the occupancy date for the completed Units.
Paradise Construction – Work pursuant to the contract with Paradise Construction is underway, including installation of new subflooring, demising partitions, interior partitions, structural code upgrades and a portion of the sprinkler system. The first payment for reconstruction was made in November in the amount of $78,619.20. Total payments to date are 28% of total contract value.
The water main “tap” and the first 20-foot segment of the sprinkler service water line have been installed and a pavement patch has been applied on Lee St. The water main in Lee St. was deeper and larger than indicated by Town records, the ledge profile was closer to the surface than anticipated and the ledge was not fractured. The proximity to the house at 28 Lee St. dictated we limit the size of the excavator and hydraulic “hammer”. All of these factors combined to reduce production rates.
Modifications to add code upgrades in the Utility Room and under the floor of Unit B-10 and to increase the size and routing of the sprinkler line to accommodate future sprinkler service for C and D Buildings have been signed with Paradise Construction. The total contract value is now $$1,403,254.39.
Supplemental Condominium Fee Assessment
Owners are reminded that the Supplemental Condominium Fee Assessment is due December 1, 2014, either in full or as the first monthly payment under the loan arrangement with East Boston Savings Bank.
Summer Maintenance and Repair Projects
We have completed the numerous summer maintenance and repair projects.
C Building Storage Room – Work has begun on the C Building Storage Room reconstruction and code upgrades. The contract value is now $24,000 due to additional requirements for controlled construction. Further work on the planter area may be necessary in the Spring.
North Retaining Wall – The Trustees postponed the initial phase of work, including grouting and pointing of the rock wall and installation of appropriate drainage until early 2015 to accommodate the C Building Storage Room repairs which were deemed to be even more urgent. We will monitor the condition of the retaining wall throughout the Winter.
Happy Thanksgiving to you and your families.
The Harborside Board of Trustees
November 21 2014
Dear Harborside Owners:
This message is written in response to a series of e-mails received on Saturday, November 15, which began with an open letter from Bill and Deanne Siddall.
The Trustees hear your frustrations, and we share them. We are all homeowners. However, we have a fiduciary responsibility to manage Harborside in a way that protects the overall interests of the Trust. And that is precisely what we are doing.
As there is pending litigation, the Trustees have been advised by counsel not to respond to the e-mail chain or matters raised therein.
In addition, many of the suggestions and proposals set forth in the recent emails would in our opinion not be in the best interest of the Trust and would be inconsistent with our obligations and duties as Board members.
Thank you.
The Harborside Condominium Trustees
November 5 2014
To All Harborside Owners:
Yesterday, there was a series of e-mail exchanges among Owners regarding the litigation initiated by our neighbors, the O’Sullivans, appealing the decision of the Zoning Board of Appeals to allow construction of the egress on Building B. Unfortunately, this exchange included many factual inaccuracies, unsubstantiated rumors, mischaracterizations and personal attacks on individual Trustees. While it is difficult to address such a swirl of mis-information comprehensively, the Trustees believe it is appropriate to respond to several of the points raised in order to bring some reason to this situation.
Regarding the legal action, it is not based upon any alleged trespass on to the property. This is a complete falsehood. Instead, the suit filed in the Land Court names both the Board of Appeals and the Harborside Condo Trust as defendants and it constitutes a challenge of the Marblehead Board of Appeals grant of a variance to our Condominium so that we can rebuild. According to the O’Sullivans, the decision by the Board of Appeals to grant the variance to our Condominium was artibrary, capricious and beyond the Board’s authority. In addition, the O’Sullivans falsely claim that in order to construct the egress the Condominium will be conducting substantial blasting to remove ledge. As you are all aware, no blasting is necessary to remove the very small amount of ledge necessary to bring the egress into compliance with the existing building code requirements.
The Trust is represented by Bob McCann and an attorney recommended by him, Frank Muzio, who is experienced in this type of litigation. Attorney Muzio has had discussions with the O’Sullivan’s attorney and they are scheduled to meet privately at the property this Friday at 9AM. The purpose of the meeting is to address the scope of the anticipated work. Frank will be attending a portion of the Board of Trustees meeting today.
Land Court procedures call for a Case Management Conference to be held shortly after the Complaint is filed. The purpose of this Conference, scheduled for December 5, is to encourage the legal representatives of both parties to discuss possible resolutions of the matters at issue without going through a lengthy court proceeding. Because the Complaint contained several inaccuracies about the project, we are hopeful that these discussions will be successful in avoiding prolonged and expensive litigation. Certainly, this work needs to occur privately among the lawyers and not performed by a committee of twenty-four Owners. Courts, especially the Land Court, take a dim view of being used as foils in disputes, so the motive behind this action should be irrelevant. Counsel will be addressing the matters raised in the complaint, not a swirl of rumors.
The Trustees have sought to keep all abutters fully informed about the egress and the actions required by the ZBA after the hearing. The O’Sullivans specifically requested and the Trustees agreed to perform a geotechnical study and the ZBA made that part of their requirements. That study called for the removal of some soil and vegetation in order to inspect the ledge, and the O’Sullivans were personally informed by a Trustee that this would be happening, and the O’Sullivans consented to this work being done. The O’Sullivans requested and the Trustees agreed to extend a retaining wall on a small portion of their property that would tie into the egress landing. If there is a disagreement here, it is a misunderstanding between the parties, and not an intentional slight.
Through some misunderstanding, apparently about the scope and timing of the work, the O’Sullivans objected when Josh Chislak, the Paradise foreman of the reconstruction project, began to remove top soil and vegetation so the study could be performed by a geotechnical engineer. At this point, contrary to their previous consent, the O’Sullivans objected. The work was stopped. The Trustees brought in a professional survey team to determine the property lines. The survey showed that top soil and vegetation was removed from a very very small portion of the O’Sullivan’s property, most particularly where the retaining wall would be built, with the most significant removal occurring on Harborside property. The small area where top soil was removed on the O’Sullivan’s property was more than 20 feet away from their home and was separated by their fence . The work posed absolutely no danger to their home, property, child or pet. We have indicated our willingness to fill in the soil that was removed. We are hopeful this misunderstanding can be addressed and resolved by counsel.
Our counsel requested a visual representation of the property line, which resulted in the placement of two stakes along the property line with a ribbon connecting them for photographic purposes. This was in no way an aggressive act, and it is inaccurate to characterize it as such. The photos were taken, and the stakes were removed the next day. There was not trespass whatsoever that occurred on the O’Sullivan property in placing or removing the stakes.
Regarding the plans prepared by the architect Bob Zarelli, we cannot use them. When Mr. Zarelli resigned from the project last Spring, we retained the architect Peter Pittman to take over the architectural role of the project, as required by Massachusetts law. In order to fulfill his own professional obligations, Mr. Pittman had to validate the measurements and lines represented in the Zarelli plans. In doing so, Mr. Pittman found several inaccuracies. These are not discrepancies between what instructions Mr. Zarelli was given and what he produced, but rather basic inaccuracies having to do with building measurements, property lines and code requirements. All of these needed to be corrected before the egress plans could be submitted for consideration by the ZBA, and Mr. Pittman articulated all these changes at the hearing.
Although one sender of a message yesterday had been informed specifically by a Trustee that the Zarelli plans cannot be used, their email was sent without acknowledging this fact. Frankly, this leads the Trustees to believe that there is a concerted and coordinated effort on the part of some Owners to block the reconstruction project by any means. We must remind all Owners that the Trustees have a fiduciary obligation to complete the reconstruction of Harborside, and we intend to carry forward with this project, which will be to the benefit of all of us in many ways. The kind of unnecessary personal attacks and rumor mongering that occurred yesterday only serve to make the fulfillment of that obligation more difficult, expensive and time consuming.
The Trustees will keep owners apprised of any significant developments regarding this litigation.
Thank you.
The Harborside Trustees
November 3 2014: Update11032014
Harborside Update: November 3, 2014
B Building Reconstruction:
Paradise Construction has been working on the interior of the four units. Immediate areas of focus have been: subflooring; demising partitions, including additional fire separation and structural reinforcement; and interior partitions.
Their sprinkler system subcontractor has been installing the distribution lines of the interior piping.
You may have noticed that there are fresh lines painted in the driveway. These are to locate the water lines that will be required for the sprinkler systems, identify locations of existing utilities (water, sewer, gas) and inform locations for digging test pits and pipeline excavation.
We are hopeful that the initial waterline installation from the Marblehead distribution line in Lee St. to our property line may happen in the next two weeks.
Zoning Board of Appeals – legal appeal:
Unfortunately the owners of 30 Lee St., Brian and Marina O’Sullivan, have filed an appeal of the Zoning Board of Appeals decision giving Harborside a variance to construct the B Building egress balconies and stairs. This appeal has been filed with the Massachusetts Land Court, and the ultimate resolution may be through litigation. Their principal concern is that our construction activities will include blasting of the granite ledge adjacent to their property to reconstruct the existing north stair to the third level. Given that this is a legal matter involving litigation, it is inappropriate for the Trustees to comment further, other to say that we would prefer a resolution that does not involve a trial.
C Building Storage Area Remediation:
ServePro completed a remediation of the mold that was found in this area. When we undertook this work, we also found additional concerns that the Trustees believe must be corrected. One concern is that we must eliminate or reduce the intrusion of water into the lower level of the building. Bob Storch excavated in two areas within the planter Monday. The south end was found to contain dry soil, whereas the north end contained saturated soil. The immediate activity will include redirecting gutter downspouts to direct the water away from the building and planter. It appears that we may be able to postpone removing much of the plantings for the time being. Some of this work will be deferred until the spring, when we will excavate the front of the building, add waterproofing to the concrete foundation and install proper drainage. The planting area will likely be reconfigured at that time.
Sincere thanks, Harborside Board of Trustees
October 18 2014: Letter – owners Bldg C Storage Area
Harborside Condominium Trust 24 Lee St. Marblehead, Massachusetts
October 18, 2014
Dear Harborside Owners,
We have reported previously during the recent Board of Trustees meeting and to the Owners of units in Building C about the presence of mold in the storage area of C Building, which also contains three gas-fired furnaces. The mold was remediated by ServePro on Friday.
In preparation for the remediation and to determine sources of moisture, we had Paul Haggett remove portions of dividing walls, portions of the first layer of flooring and rotted pieces of the old sill and exterior wall, exposing the concrete foundation. We determined that originally the outside ground on the northwest side of the building (where the main entrance and planting area are presently) was at the same level as the storage area. At some point, a concrete foundation wall was erected outside the then existing wood exterior wall, and interior steel columns were installed to carry loads that had been supported by the original sill and post and beam structure. The outside was back filled to the level of the second floor and the planter was installed.
The area we have exposed requires considerable corrective action: rotted and beetle infested (not active) columns and beams; water seepage through the foundation wall (present along the length of the wall but most pronounced beneath the location of the outside hose Bibb water faucet); fiber-board walls and ceilings (a flammable material where there should be two layers of fire resistant material); areas where there are penetrations into fire protection apparently to install electrical wires and plumbing; no fire protection on the wall between the storage room and the fire egress stairwell (just exposed studs); asbestos cement sheets that were used as fire isolation beside and above the furnaces but which should be encapsulated or removed; and storage enclosure dividing partitions that extend to the floor (which both inhibits a well ventilated area and creates a location for moisture to rise from the floor into the partitions).
We have determined that portions of the corrective actions must be contracted immediately, most particularly the fire protective walls and ceilings and near term actions to reduce water infiltration. We have already shut off the outside hose Bibb water faucet. Contrary to many requests, the hose has frequently been left on and pressurized, resulting in leaky connections and saturated soil along the foundation wall. We believe this is one of the sources of water infiltration. We will be removing the plantings from the front of the building, clearing the clogged drains, and installing impervious sheets to direct water away from the building. Longer term actions will include excavation in front of the foundation to install waterproofing on the outside of the foundation and to install proper drainage and backfill, and replacement of the planting area with a less moisture prone area.
Because we are late in the budget year and our reserves are inadequate, the Trustees have decided to delay the first phase of the north retaining wall (BYC) repairs until early 2015 and monitor the wall frequently to free up funding for what we have determined should be the highest priority.
We also ask for continued support from the residents of the C Building. Obviously the storage area will remain unavailable for an indeterminate time, and we regret the inconvenience. We also ask that you be diligent in ensuring that the three dehumidifiers: in the stairwell, the storage room, and the crawl space, remain on continually. Again, contrary to requests, someone has been shutting these off. This has contributed to conditions that promoted mold growth. We found that at least one dehumidifier had been turned off within the last week AFTER we had advised of the mold situation. This was very ill advised, and we anticipate that it will not happen again.
We will advise you if there are additional developments as we execute this work.
Sincerely,
Harborside Board of Trustees
October 16 2014
Dear Harborsiders:
Yesterday we were informed that an appeal was filed against the zoning variance for the B Building Egress. The plaintiffs are Brian and Marina O’Sullivan of 30 Lee St.
We are consulting with Bob McCann, legal counsel for zoning matters, to explore our options. Given the potential for litigation, our communications will necessarily be limited.
Sincerely, Harborside Board of Trustees
October 5 2014: Update10052014
Harborside Condominium Trust 24 Lee St.
Marblehead, MA 01945
B Building Update, October 4, 2014
There were two significant recent activities regarding the B Building Reconstruction.
First, the Zoning Board of Appeals approval of the egress plans at the September 23, 2014 hearing was filed with the Town Clerk on September 25. Subsequently, as required by the ZBA Variance, on Friday, October 3, 2014, Jon Curtis met with geotechnical engineer Kevin Martin of UTS of Massachusetts, structural engineer Brian Kavanaugh of McBrie Engineers, Josh Chislak of Paradise Construction and David Case and Zach Millay of Pitman & Wardley. The purpose of the meeting was to review the areas of concern regarding construction on and in the granite ledge in the northwest corner of the property from the egress stair by the entrance to B-‐1 (Stair
#1) and the water line along the entrance road from the north end of B Building to Lee Street.
With regard to construction of the intermediate landing on Stair #1, it was decided that the best approach to define the condition of the granite ledge is to excavate the soil above the granite from the corner of B Building northward about fifteen feet along the property line with 30 Lee Street to reveal the profile and condition of the rock. It is likely that reinforced concrete foundations will be tied to the ledge to support the stair landings and tread in that area. In addition, a low retaining wall will likely be constructed along the property line to retain the soil material at the back of the 30 Gregory St. lot.
With regard to construction of the water line in the entry road, test probes will be implemented along the proposed route of the line to determine the subsurface profile of the granite ledge. Depending on the results of that investigation, specific recommendations regarding excavation for the water line will be made by the geotechnical engineer. It has already been recommended that a seismograph be installed temporarily in the area of the building foundation of greatest concern to determine if there is significant vibration to nearby structures during construction of the water line.
This information is being provided via this update to the Lee St. and Gregory St. abutters as well as Harborside Owners.
Second, the four owners of the affected units undergoing reconstruction have reached agreement with the Trustees, either to reconstruct “in kind” paid for by the Trust or to add owner changes paid for by the respective owners. Paradise has reviewed the plans with both Pitman and Wardley Architects and McBrie Engineers, and the work can proceed. Some of the interior framing is now in place, and construction of the distribution headers for the sprinkler system is underway.
Harborside Board of Trustees
September 24 2014: Update 09242014
Harborside Update: September 24, 2014
B Building Reconstruction:
This is to bring you up to date on the status of our application for a Zoning Variance for construction of the B Building Egress system.
The Zoning Board of Appeals held a hearing last evening, and after 1 hour 20 minutes of presentations, objections and concerns by abutters and debate among the Board members, we received a unanimous approval of a Variance from the five Board members. They did attach conditions to their approval, most notable of which are: preparation of a Geotechnical study regarding the granite ledge foundation for the intermediate landings on the north stair (Outside B-1) and construction of the water line, protection of adjacent properties, and enforcement of the Construction Parking Rules for the duration of construction.
Bob McCann, attorney, and Peter Pitman, architect, each made powerful presentations and provided clear responses to the objections and concerns of abutters. We were joined by several owners, who added to our powerful showing.
Sincere thanks,
Harborside Board of Trustees
September 16 2014: Update 09162014
Harborside Update: September 16, 2014
B Building Reconstruction:
Construction Activity – Many owners have asked about the obvious lack of construction activity after the initial few days. Jon Curtis has spoken with Josh Chislak, the on site manager for Paradise Construction. Josh explained that he is working to free up a full construction crew, but that means extricating them from other work. He does not want to operate with a sub-optimal crew. He expects to have the crew on site next week. He is also speaking with the sprinkler system installer to reconfirm their schedule. They have delivered materials to the site and should be the first subcontractor to begin work.
Insurance Negotiations – Travelers has increased their offer for the Loss reimbursement to $950,000, and Ordinance and Law remains at $25,000, for a total of $975,000.The Trustees would like to close out the negotiations without the need for litigation or reference.
Zoning Board of Appeals – The Egress plans were submitted to the Zoning Board of Appeals on August 21. The Hearing has been scheduled for Tuesday, September 23, at 7:45 PM.
Egress Construction – Once the Zoning Board of Appeals has acted favorably on our request for a variance, the Trustees will determine the best course of action to implement the construction. This will likely be the last scheduled construction activity and will determine the occupancy date for the completed Units.
Unit Plans – Peter Pitman has met with all four Owners to finalize the plan details for “like kind” replacement. Two units, B-6 Martin/Jones and B-2 Curtis, have finalized plans for changes, these have been reviewed by Peter Pitman on behalf of the Trust, and Paradise Construction is determining the additional cost (if any) that will be paid by the respective owners before any of the additional work is begun.
Supplemental Assessment
The Letter of Supplemental Assessment has been issued to all Owners by email. A second copy will be sent by USPS. Additional supporting information has been and will continue to be provided to Owners to support their individual insurance claims as requested and as available. A formal letter from Travelers summarizing the Loss determination and payments is a critical next step. However, that cannot be finalized until we have a written settlement with travelers.
Summer Maintenance and Repair Projects
Significant progress has been made on numerous summer maintenance and repair projects.
Painting – Neptune Painting (C.H. Ritt) has completed most of the work under the contract. If an Owner notices any omissions, please contact Lesley Management.
C-3 Deck – The railings and some of the decking were rotted and the deck was unsafe for use. The wood decking has been replaced with Azek composite decking. The new stainless steel wire and teak railings have arrived and will be installed this week.
C-3 Roof/C-6 Deck replacement – The roof has been properly pitched to shed water, new flashing and weatherproofing were installed, and new Azek composite decking has been installed.
A new clapboard wall was constructed next to the BYC Yardarm building and new stainless steel wire and teak railings have arrived and installation is underway.
Jim Walters, Owner of C-6, has agreed to pay the incremental cost for this work above the basic deck and wooden railing replacement.
C-7 Deck – The wood decking has been replaced with Azek composite decking. The new stainless steel wire and teak railings have arrived and will be installed this week. Again, Jim Walters, Owner of C-7, has agreed to pay the incremental cost for this work above the basic deck and wooden railing replacement.
North Retaining Wall – The Trustees had a survey completed by Hayes Engineering, and it was determined that the BYC section of wall lies completely on Harborside property. The Trustees retained Peter Hermann, PE, to inspect the north retaining wall to determine the need for immediate repairs and to determine a course of action. His preliminary assessment is that the condition of the wall does not pose an immediate threat to the A Building foundation. He believes we should repair our section of the wall without connecting with the section on the property of the 20-22-22 . Lee St. Condominium, which appears to be less stable than the Harborside section of the wall.
We will need to make repairs to the grouting and pointing of the rock wall, including the installation of appropriate drainage.
Jon Curtis will be meeting with Peter later this week.
Sea Wall – The Trustees retained Peter Hermann, PE, to inspect the south portion of sea wall to determine the need for immediate repairs and to determine a course of action. His preliminary assessment is that the condition of the wall does not pose an immediate threat to the integrity of the wall. However, repointing of the upper portions and a full inspection of the wall by a company with expertise in marine construction should be undertaken.
Jon Curtis will be meeting with Peter later this week.
Master Insurance Policy Renewal – The Trustees have been notified by Travelers that they will renew the Master Insurance policy with an increase in the total value. However, some of the coverage may be lower than presently in force, fire door installations and gas grill removals must be completed, and conditions for lead paint removal and additional Egress improvements may be imposed. Premiums will likely increase by 10% to 15%, which is more than the Trustees were anticipating. Related to this, although the Flood Insurance premiums increased, the increase was less than we had anticipated. This will mitigate the Master policy premium increase.
Fire Doors Installation – As a condition of renewal of the Master Insurance policy, Travelers is requiring that all entry doors opening to a common corridor or stairway be fire rated. The required rating is ninety minutes in non-sprinklered units. Paul Haggett has been contracted to install the eight fire door assemblies in C and D Buildings, and the first two doors have been installed in the D Building. Work will continue as doors are received.
In the process of arranging for this work we have learned a lot about the do’s and dont’s of fire doors. There can be no changes or alterations to the doors, fames or hinges that might affect the fire rating. Any owner-initiated changes must be approved by the Trustees before any work is undertaken.
As you can see, it continues to be a busy time at Harborside. We anticipate the property will become even more active when the B Building reconstruction work is fully mobilized. We appreciate the support from owners and tenants regarding the parking situation, as well in regard to the various projects we are undertaking.
Sincere thanks,
Harborside Board of Trustees
September 4 2014: How Common Areas are Held
A question came up as to how the common areas are held, particularly in looking at whether a tax deduction could be claimed. This explanation might also be helpful when filing your insurance claim. It might help bolster the argument of ownership for recovering monies for the code upgrades.
According to Janet Aronson, the Trust’s attorney, “Each owner owns an undivided interest in the common areas. So the Unit Owners of the Condominium collectively own the common areas in accordance with the percentage interests as set forth in the Master Deed as amended. The common areas are not owned by the Trust. Also, the common areas are not collectively held by the unit owners as tenants in common – you each own an undivided percentage interest that you can freely convey (only with your Unit).”
September 1 2014: Letter – owners update 9.1.14
Harborside Update: September 1, 2014
B Building Reconstruction:
Insurance Negotiations -There has been no further progress with negotiations with Travelers. The Trustees will likely wait until the construction is substantially complete and then file additional substantiating information to support our claim.
Building Permits -Paradise Construction has been issued five Building Permits: one for the common areas and one for each of the damaged units.
Zoning Board ofAppeals -The Egress plans were submitted to the Zoning Board of Appeals on A~gust 21. The Hearing has been scheduled for Tuesday, September 23, at 7:45 PM.
Egress Construction -Once the Egress plans have been approved by the Zoning Board of Appeals, the Trustees will determine the best course of action to implement the construction. This will likely be the last scheduled construction activity and will determine the occupancy date for the completed Units.
Construction Kickoff -We held a construction kickoff meeting on August 27 including Bruce Paradise of Paradise Construction, Peter Pitman of Pitman & Wardley Arcbitects and Jon Curtis as Trustees’ Representative. Mobilization activities we~e conducted during the week of August 23-29, and construction activities will commence September 2. Construction Parking rules will be in effect as of September 2.
Unit Plans -Peter Pitman has met with Owners of three units to finalize the plan details for in .kind replacement. The fourth meeting will take place during the week of September 2.
Supplemental Assessment
The Letter ofSupplemental Assessment will be issued to all Owners on September 2, both by email and USPS. Additional supporting information will be provided to Owners to support their individual insurance claims as requested and as available.
Summer Maintenance and Repair Projects
Significant progress has been made on numerous summer maintenance and repair projects.
Painting -Neptune Painting (C.H. Ritt) has completed most of the work under the contract. There are a few areas where minor touch up remains to be done, and the new siding at C-7 where the deck was replaced will be scheduled soon. If an Owner notices any omissions, please contact Lesley Management.
A Building front elevation siding, railings and trim are complete.
B-7 Deck was planned for replacement of rotted decking planks; however, when the work commenced it became clear that more than 75% of the planks were rotted, and a decision was made by the Trustees to replace the all of the wood decking with Azek composite decking. The work has been completed.
C Building siding and trim replacement and repair of C-5 entry railings are complete.
C-3 Deck -The railings and some of the decking were rotted and the deck was unsafe for use. The wood decking has been replaced with Azek composite decking. The new stainless steel wire and teak railings are on order and will be installed in September.
C-3 RoofjC-7: Deck replacement -A leak in the roof over the sunroom of C-3 was identified duhng the renovations in 2013. Atemporary repair was made with the intention to install a new roof and replace the deck for C-7 in 2014. The roof was installed wit~ a reverse pitch such that water accumulated on the roof against the house and di not fully drain. This condition was exacerbated in the winter with snow accumulating against the building and the subject to freeze-thaw cycles.
The roof was removed, and a small area where the top insulating layer adjacent to the C-7 exterior wall was moist. The roof has been properly pitched to shed water, new flashing and weatherproofing were installed, and new Azek composite decking is being installed.
A new clapboard wall is being constructed to the BYC Yardarm building and new stainless steJI wire and teak railings are on order and will be installed in September. Jim Walters, Owner of C-7, has agreed to pay the incremental cost for this work above the ba.~ic deck and wooden railing replacement.
C-7 Deck -The railings and some of the decking were rotted and the deck was unsafe for use. The wood decking has been replaced with Azek composite decking. The new stainless steel wire and teak railings are on order and will be installed in September. Again, Jim Walters, Owner of C-7, has agreed to pay the incremental cost for this work above the basic deck and wooden railing replacement.
D Building Trim and Siding repairs were completed at the same time as painting was performed ob sections of the D Building.
D-2j3 Deck r(epairs -There was significant rot on numerous wood deck planks on the deck outside D-2j3, and replacement of the decking has been postponed for many years. The Trustees determined that the complete replacement of large portions of U\e wood decking with composite decking was not financially feasible.
However, numerous rotten planks were replaced with new wood planks, and were then painted to blend with the existing deck. The Trustees are aware that an extensive repair of the deck and supporting structure is required and it is high on our priority lIst for 2015.
North Retaining Wall -The Trustees had a survey completed by Hayes Engineering, and it was determined that the wall next to the BYC building lies completely on Harborside property. The Trustees retained Peter liermann, PE, to inspect the n rth retaining wall to determine the need for immediate repairs and to determine a course of action. His preliminary assessment is that the condition of the wall does not pose an immediate threat to the A Building foundation. He believes we should repair our section of the wall without connecting with the section on the property ofthe 20-22-22 liz Lee St. Condominium, which appears to be less stable than the Harl~orsidesection of the wall.
We will need to make repairs to the grouting and pointing of the rock wall, including the installation of appropriate drainage.
Sea Wall -The Trustees retained Peter Hermann, PE, to inspect the south portion of sea wall to determine the need for immediate repairs and to determine a course of action. His preliminary assessment is that the condition of the wall does not pose an immediate threat to the integrity of the wall. However, repointing of the upper portions and’a full inspection of the wall by a company with expertise in marine construction,should be undertaken.
Flood Insurance Policies Renewal -The four flood insurance policies were renewed and the collective premium increased to $47,256, an increase of 3.38%. This is considerably less than the Trustees were anticipating.
Master Insurance Policy Renewal -The Trustees have been notified by Travelers that they will renew the Master Insurance policy. However, some of the coverage may be lower than presently in force, fire door installations and gas grill removals must be com leted, conditions for lead paint removal and additional Egress improvemen,.s may be imposed. Premiums will likely increase by 10% to 15%, which is more than the Trustees were anticipating.
May 27 2014: 052714HarborsideUpdate
Harborside Update: May 27, 2014
Owners’ Vote of Approval
Owners were asked to authorize the Trust’s borrowing of money, in an amount not to exceed $900,000 from a recognized lending institution, to fund necessary reconstruction of and code upgrades to Building B. That request was approved by a vote of 82.52% of the ownership interests. The Trustees appreciate this vote of approval, as it is essential to our moving forward with the reconstruction project and the return of the displaced owners. During the balloting process, many differing points of view were expressed, and we are well aware that some Owners continue to object to the amount of the loan, certain elements of the egress design and other issues raised. Some of those issues were addressed in our memo of May 23rd. In moving forward, the Trustees continue to be mindful of and responsive to the concerns of all Owners.
Non-Binding Pre-Payment Preference
Along with the ballot regarding the loan, Owners were asked to indicate their non-‐ binding preference as to pre-‐payment of their share of a $900,000 assessment in one lump sum or in monthly payments over the term of the loan. Although preferences have not been received from all Owners, those received indicate that over $460,000 could be made in lump sum payments.
Meetings With Travelers Insurance and Paradise Construction
On May 19, 2014, in connection with an inspection of the roof of B Building, the Trustees met with representatives of Travelers Insurance, Paradise Construction and Panakio Adjusters, our public adjuster. The primary purpose of that meeting was to deUine the scope and issues to be addressed at a meeting among the same group scheduled for June 4, 2014. That meeting will also include a senior ofUicer of Travelers as well as Bruce Paradise. Our hope is to discuss and resolve outstanding issues and come closer to a settlement agreement. The Travelers representatives have also agreed to furnish us a report of the condition of the roof and a report on the status of the investigation into the cause of the October Uire.
Egress Design
The Trustees sincerely regret any misunderstandings or misconceptions that have arisen with respect to the egress plans as prepared by Architect Bob Zarelli. We admit that communications between the Trustees and Bob Zarelli may have been inconsistent and likely confusing. While not an excuse, we believe this stems from turnover on the Board, our attempts to convey concerns expressed by multiple Owners regarding the cost and scope of the design, and the use of an incomplete survey as a basis for the plans. We in no way intended to suggest that the conduct of Bob Zarelli was anything less than fully professional. Rather, we appreciate Bob’s skill in creating a design that solves problems we have tried to address unsuccessfully for a long time. The Trustees sincerely apologize for any misunderstanding in this regard. We formally retract the erroneous statement included in the last Update that “the plans were not in conformity with the instructions of the Trustees.” It should have read “the plans were likely in conformity with instructions of the Trustees, but did not meet all the expectations of the Trustees .”
The egress is an essential element of the reconstruction project. A CertiUicate of Occupancy for the affected units and common areas will not be granted by the Building Commissioner until the egress is fully in place. Many different concepts, approaches and ideas for the egress have been suggested to the Trustees. We will evaluate some of these while we also proceed with implementation of the overall project. In the end, the Trustees will determine the plan to be followed and execute its construction. We ask all Owners to understand that the affected units must have a code compliant egress and the Trustees must use their best judgment in selecting and executing a plan.
Loan From East Boston Savings Bank
Negotiations are continuing with East Boston Savings Bank (the “Bank”) to obtain a loan for an amount up to $900,000. This will take the form of a construction loan, which will be converted into a Uive-‐year term loan at 4.75% interest. The Uinal amount of the loan will depend on the settlement amount from Travelers, the amount of the assessment pre-‐paid by Owners and the Uinal cost of construction.
New Trustee
Following Don Nowland’s announcement that he will not seek another term as Trustee after his current term expires in July, Leslie de Moraes has been nominated to become a Trustee. We appreciate Leslie’s willingness to step forward despite the many issues confronting us at this time. The nominating period will end at the end of the month and ballots will be sent for return by the end of June.
The incredible amount of time and effort given to Harborside by Don Nowland over many years reUlects a tremendous depth of commitment All Harborside Owners are deeply grateful to Don for his years of dedicated service.
Thank you, The Trustees
May 3 2014
Harborside Update: May 3, 2014
This update provides Harborside Owners an update regarding reconstruction of B Building in advance of the Trustees Meeting on May 7th and the follow-on Special Meeting scheduled for May10th.
Owner Discussion Forum
The regular meeting of Harborside Trustees will be held on Wednesday, May 7, 2014 at 3:00 p.m. in Jim Walters’ Unit C-6, and we expect issues having to do with the reconstruction of B Building will be discussed at that time, along with normal Trust business. Because the reconstruction project has reached a point at which important decisions must be made by both the Trustees and Owners, we are holding a Special Meeting on Saturday, May 10, 2014 at 3:00 p.m. at the Boston Yacht Club. This Special Meeting is intended to be an “Owner Discussion Forum” at which all issues regarding the reconstruction can be openly discussed by Owners. All Owners are encouraged to attend this Special Meeting either in person or by calling in to the regular call-in number.
Owners’ Vote of Approval
Following the discussion at the Special Meeting on May 10, Owners will be asked to vote to approve the proposed borrowing from the East Boston Savings Bank, described below. The vote will be taken by ballot sent electronically to all Owners and to be returned in hard copy.
Trustees’ Approval of the Assessment and Construction Contract
Following the Owners’ voting and assuming the proposed borrowing is approved, the Trustees will finalize the assessment to cover the loan and the construction contract with Paradise Construction.
Loan from East Boston Savings Bank
The Trustees have negotiated with East Boston Savings Bank (the “Bank”) to obtain a loan for an amount ‘up to’ $900,000. As reported previously, our expectation is that we will need less than that amount, but we have sought approval of that amount in order to assure coverage of our needs for the reconstruction project. The loan will have a five-year term with interest of 5% and will be secured by a special assessment dedicated to repayment of the loan. Three representatives of the Bank performed a site inspection of Harborside on Thursday, May 1, 2014. These representatives told us that they were very pleased with our selection of Paradise Construction as the Bank has dealt with Paradise frequently. They also told us that our loan will not require approval by the Bank’s internal loan committee. Once our application is complete, the Bank’s internal approval will require only the signature of three officers and a closing could be scheduled within approximately two weeks following approval.
As with past loans, Owners will be given the opportunity to pre-pay their share of the assessment amount in order to avoid interest and other charges. Owners may determine their share of this amount by contacting Don Nowland.
Contract with Paradise Construction
The Trustees are negotiating a contract with Paradise Construction for the reconstruction of Building B. The amount agreed to under this contract is estimated to be about $1,205,000, which reflects a reduction from the proposals first offered by Paradise. Bruce Paradise has been amenable to making changes and reductions in the amount of the contract. Paradise Construction is prepared to start general reconstruction work as soon as the contract is approved by the Trustees and funding is in place. The $1.205 million figure does not include the sprinkler systems for the affected units nor the egresses for Building B, which still require approval by the Town of Marblehead Conservation Commission and Zoning Board of Appeals.
Negotiations with Travelers Insurance
The insurance settlement negotiations between Travelers and our Public Adjuster, Panakio, are still going on. Through the efforts of Jon Curtis, we have been able to prepare detailed analyses of the numbers in question and these analyses are being reviewed by Travelers. Our expectation is that this settlement will be in the $900,000 range. The fact that Travelers is continuing to review our analyses is taken by the Trustees as a positive sign.
“Prior Fire” Reconstruction
Work to restore the Plauche’s Unit B-3 to its condition preceding the discovery of the “prior fire” during demolition has been completed. The Plauches are free to re-occupy their Unit at their convenience. Reconstruction in the common area hallway adjacent to Unit B-3 will commence along with the general reconstruction work on Building B.
Roof Repair and Reconstruction
The Trustees have been made aware that damage to the roof of Building B was more extensive than originally perceived. A specialist in moisture penetration has inspected the roof and given us a better determination of the scope of the damage. In order to prevent further damage from occurring, the Trustees have arranged with Paradise Construction to begin repair and reconstruction work on the roof as soon as permits can be obtained.
Sprinkler System
The architect, Bob Zarelli, has worked with the Town Building Inspector to determine the required scope of the sprinkler system. He has determined that the installation of sprinklers will be required only in the four Units affected by the fire. Paradise Construction is preparing a specific estimate for this system, which we expect will be less than the estimate we originally received. As noted previously, the sprinkler system is not covered under our master policy. Water flow tests have been conducted to determine if we need to enlarge the pipe supplying water from Lee Street. We have not received the results of those tests at this time.
Fire Egress
At a meeting held on April 15, 2014, the Old & Historic Districts Commission (“O&HDC”) approved the plan for the fire egress we are required to construct for Building B. This approval included the stainless steel railing system as proposed. Plans submitted by Bob Zarelli were not in conformity with the instructions of the Trustees, which called for the egress to meet minimal requirements of the Town with respect to a fire egress. Although, this non-conformity will not affect the approval received from the O&HDC, the Trustees have instructed Bob Zarelli to re-draft these plans in accordance with the original instructions. As with the sprinkler system, Paradise Construction is preparing an estimate regarding the fire egress. Again, the fire egress system is not covered under our master policy.
Other Approvals
The Trustees are seeking to expedite the approval process of the Town Boards and Commissions that must review and approve various aspects of the reconstruction project. We are on the agenda of upcoming meetings of the O&HDC, the Conservation Commission and the Zoning Board of Appeals.
The Trustees appreciate the support and patience of all Owners as we work through these difficult issues. We encourage all Owners to attend at least one of the upcoming meetings at which important issues will be openly discussed. Following these meetings, Owners will be requested to vote to approve the Bank loan.
Thank you,
The Trustees
April 21 2014
Harborsider Owners,
Attached is our letter to each owner, requesting that everyone check their personal unit insurance policies. As we press on with insurance settlement and reconstruction cost negotiations, we are anticipating additional costs especially for the B Bldg egress and sprinkler systems.
Your personal insurance may help you to cover a portion of your individual costs. This letter provides advice on approaching your insurance companies.
Thanks,
Harborside Trustees
Date: April 21, 2014
To: Harborside Owners
From: Harborside Trustees
Re: Homeowner’s Insurance Policies
During the past few months, the Board of Trustees has encouraged all Owners to review their Homeowner’s policies and contact their insurance companies regarding possible claims for the October 26th 2013 fire. The Trust’s Master Policy covers most of the reconstruction cost, but some costs will be passed down to all Owners in the form of an assessment. A major expense to the Trust will be the new egress system for the second and third floors of the B Building and sprinkler system for the common area and the affected units. Part of your share of the assessment may be covered by Homeowner’s Insurance policies under various coverage items.
Negotiations continue with Travelers Insurance regarding the financial settlement, and the Trust has applied for a bank loan to cover the difference between the settlement and reconstruction costs, including the egress and
sprinkler systems. Final costs are not yet known, and negotiations on both the insurance settlement and construction costs are continuing. Although, we are negotiating with East Boston Savings Bank for a loan amount of $900,000, our expectation is that we will actually need less than that amount when the time comes to draw down on the loan. Whatever the final amount, each owners’ share will be based upon Ownership Share of the Trust. Depending upon the coverage provided in your Homeowner’s policy, you may be entitled to recover some of these costs by filing a claim with your insurance carrier.
Most policies contain coverage for “Loss Assessment,” “Additions and Alterations,” “Law and Ordinance,” “Condominium Association Master Policy Deductible,” “Property Damage,” “Living Expenses,” etc. Policies may include individual caps on the amount that can be claimed under each type of loss. Please consult your insurance agent regarding your coverage and its limits.
As examples, the insurance company or agent should advise whether your Homeowner’s policy provides coverage for the following items, which are a result of the October 26th fire:
• Code upgrades to comply with current State and Local building and fire codes; such as two code compliant fire egresses and a sprinkler system.
• Reconstruction of common areas damaged in the fire (electrical, plumbing, flooring, walls, lighting, fire alarm system, etc).
• Coverage of reconstruction costs over and above the Trust insurance settlement amount both in common areas and in units.
• Coverage of our share of the Condominium Association’s Master Policy deductible of $10,000 (Owners of the five affected units will receive direct allocations of their respective shares of the deductible).
• Repairs to Unit B3 as a result of investigation of damage by a prior fire discovered during demolition due to October 26th fire.
Ask your insurance agent what terminology must be used in submitting a claim under your Homeowner’s policy (e.g., assessment, supplemental fees, etc) in order to obtain coverage, as well as what terminology to avoid (e.g., maintenance, etc), as well as the necessary documentation.
Based upon your Homeowner’s insurance policy and the advice of your insurance professional, you may decide to file a claim under your Homeowner’s policy. Owners are insured by a variety of insurance companies and claim requirements may vary. The Trustees will work with each owner to provide the documentation and cost information needed by your insurance company to file a claim.
Thank you,
Harborside Trustees