'All We Want Are The Existing Problems Fixed'

Walking through the Rivercrest neighborhood Wednesday afternoon, there were certainly some beautiful homes and landscaping designs. There were also several areas that would make anyone pause and question whether the Phase II section of the development was really just five years old.

Cracks split clear through four concrete sidewalk slates, including one which ran the length of two and a half slates uninterrupted, while other areas, including two driveways along Brookfield Place and at the intersection of Brookfield Place and Rivercrest Drive, showed considerable water retention problems.

It’s not hard to understand why residents of the over 55 community on the south end of Plantsville are concerned that they may have to pick up the tab if the town releases the $60,000 bond to developer Jay Bodach without requiring repairs first.

“All we want is for the existing problems to be fixed,” said Peter Smith, Rivercrest homeowner association president. “If the bond is terminated, he will have no obligation to complete any of the work before he walks away.”

Residents have teamed up in requesting that the town conduct a comprehensive final inspection before allowing the bond to be released, a requirement set forth by , and plan to present many of their concerns to town staff when they come to the neighborhood next week.

New Haven-based attorney Stuart Margolis, who represents Brodach, said that his client has met with town staff in the neighborhood already and an inspection found no violations or safety concerns. He said issues would have been brought to their attention during that inspection earlier last month.

Both Margolis and Brodach declined further comment following Tuesday’s meeting and said “the on-the-record comments (to the commission) have been made.”

Garry Brumback said Wednesday that he has spoken with staff and will personally meet early next week with a member of the homeowners association, a member of the development team and staff with the town’s Engineering Department to walk the site.

“It’s clear to me that we did not do a thorough inspection,” Brumback said. “We will evaluate this issue against the common standard, which is the state standard. We will eliminate any questions and the Town Engineer will be responsible for making sure any needs are met before the bond is released.”

Dave, a resident of Brookfield Place who did not want to share his last name, pointed out several cracks near his home and the neighboring home, and said when he lived in a newly built development along Washington Drive years ago, similar problems cropped up and developer Mark Lovley was told to fix them before he was allowed to pass inspection.

“(Commissioner) Kevin Conroy, a civil engineer, said if he were in charge of the inspection, he would never have approved this work,” he said. “If this was a newly built sidewalk near a school or park, this would have been fixed in a heartbeat.”

The complaints presented by residents aren’t with the Phase I construction, where sidewalks appear new for the most part and work has held up well, but in the Phase II area completed within the last five years – some homes are less than a year old – question marks continue to crop up.

Smith said the residents have already replaced six concrete slates themselves, at a cost of $200 per slate, through the association. In many cases, the sidewalks were not properly set with the mandatory six inches of settled crushed stone underneath.

Sidewalks aren’t the only problem, however. Several driveways were built with improper grading, causing water to pool and creating hazards, especially during the winter months when the pooling water can freeze into sheets of ice.

Joe and Nancy Barbino, of 75 Brookfield Place, had almost a quarter inch of water in their driveway within the first 15 minutes of rainfall Wednesday afternoon. The couple says it has been frustrating, but are also hopeful Brodach will do the right thing.

Some of the problems, including the Barbino’s issue, are being addressed.

“Mr. Bodach has committed to regrading the driveway and adding a 12-inch drain in the center with a pipe to flush the water out,” Joe Barbino said. “We don’t want him to think the neighborhood is against him. He’s done a lot of good things here, too. We just want the problems that are here now to be fixed.”

Others such as the sidewalks are being ignored, Smith said. He compared the site plan specifications to other industry standards and said although they are supposed to be "the Cadillac of sidewalks," they do not meet the mesh top and breathing requirements required under the plan approved by the commission.

If the additional problems aren’t addressed before the project is considered terminated, however, Smith said the association would have trouble keeping up with the unexpected maintenance costs.

Although construction has continued until recently, the development was turned over to the neighborhood association in December 2006 when the existing properties were considered 60 percent occupied. If the bond is released, Smith said the association would lose all bargaining power.

“All we want is for (Brodach) to do the right thing,” Smith said.