29/09/2022
Vera,
Below is a letter sent to Mayor Wu on September 6, 2022 . This letter should be distributed to the Board and all owners on the Courtyard to inform them of the facts.
I asked for a meeting with you and the Board for September 9th here at the Courtyard. You replied that no one was available, not one was interested.
I had made copies to hand to each of you at that Friday September 9th meeting. So I'm sending it now . There should be a cooling off period of 30 days before the start
of any work So the concerns in this letter are properly addressed in, in person meetings with the Board and owners and contractor. There are several groups in the Courtyard that
share my concerns.I will follow up with an immediate action plan for stabilizing the Courtyard and questions for the contractor Barr.
CBM
FROM: CAPTAIN BERNIE MARCINIAK September 6, 2022
[email protected] (617) 571 6410 mobile
TO: MAYOR MICHELLE WU:
Dear Mayor Wu:
The owners need your help at The Courtyard Condominiums at 47 Harvard Street in the Charlestown neighborhood of Boston where I am an original resident.The Condominium Board has decided to pay $1.5 million dollars to remediate our center courtyard and flower beds. The decision for this drastic measure is ostensibly to alleviate water standing in these areas which can be simply remedied by clearing clogged drain pipes . This work order needs to be stopped. I am asking that The Boston Building Department and an outside firm be brought in to assess the true scope of necessary work.
Here are the facts:
I spoke to the now selected contractor Russo Barr in mid-May here at the Courtyard condominium complex, I told the principal Andrew Barr and his engineer Jack Rushe that I was the former head of the Board and was here 15 years ago when the Courtyard center was dug up and a new waterproofing membrane installed. I asked them if they had looked at and read the report and scope of work for that installation which is still in place. They told me they had not read it and did not need to read it. They intend to just tear everything out in the entire courtyard area including flower beds. I told them the flower beds in front of my unit do not leak. They were dug out at the time of the courtyard work 15 years ago, waterproofed, and low drains were installed. Since then the flower beds have not leaked and do not need to be dug up. Meantime, I did a spot check today of the drains that are visible in the ceiling of the garage directly underneath the courtyard. The drains are the PVC pipes that carry water out of the courtyard. They are untouched and covered in heavy dust which clearly indicates that no one has checked or tried to clear them. I believe the water does not drain out of the flower beds and the courtyard because the drain pipes are clogged. Some of the courtyard drains are horizontal or slightly uphill and surely clogged and won’t flow without periodic maintenance.
Some 15 years ago the center courtyard was cleared of all soil and cleaned. Under the supervision of the manufacturer a 25-year membrane was installed, and a protective layer put on the membrane. BRS, a Boston company, was the contractor. Upon completion, BRS performed a water tightness test by filling the center courtyard of the new membrane with 2 feet of water. There was no leakage. Later in 2014 BRS was called in to look at the membrane installation. At the time I was the president of the Board. I had been here during the original work and installation. The edges of the membrane and protective layer had delaminated from the brick edge wall all around. This was normal wear and tear from frost and thaw. They came back with a work order. I went out with two of the current board members (Jim Kearns and Mike Alexis) and with Barry the Technician and Chris Fritz the property manager from the previous management company, Copley Management, to join the BRS reps who described to them the problem and how this membrane would be refastened. There was also a leak in the ceiling above parking place #37 beneath the courtyard that was to be repaired. The drains were to be checked to see if they were open and draining. The cost of this project proposal from BRS was $ 29,000. As it turned out, Jim Kearns and Mike Alexis blocked this project from being accomplished. At every rainfall, water has continued to drip from above parking place # 37 for 8 years.
When it rains, the water drainage system for the building runs from the rooftops, down downspouts, and into the garage area. The courtyard lawn area is sealed with a 25 year membrane and protective layer. This center area has four 6-inch drains installed that drain into the garage and into a common pipe system that then flows into the Boston city wastewater line. These drainage lines become clogged with sand, debris etc. and back up into the central courtyard lawn. The garage drainage lines need to be cleared and blown out with air on a regular and as needed basis. Otherwise, there will be standing water in the courtyard. The data collected by engineering studies are useless unless these drains are cleared.
Yet, without performing this simple remedy, the Board is prepared to assess the owners for a total project cost of $1.5 million. Worse, the entire cost is payable up front, placing an immediate burden on all owners, including several retirees, of a $25,000 cash assessment. This payment demand is outside of normal practice, where a percentage of cost is held until work completion and not paid 100% up front. In fact, there are a number of concerns regarding the due diligence and application of constant care by the parties pushing this project forward.
I have repeatedly asked for information regarding this $ 1.5 million project to no avail. Four weeks ago, I asked for a copy of the report from two years ago. I was told by Vera Barter, owner of the current management company, Hodan Properties, that she would send it to me. The report just arrived. The Board here generally operates in secrecy, outside the bounds of customary practice and not in accordance with the condominium documents. There should be an immediate stoppage of this project. All inputs should be examined by an independent expert concrete and water architectural firm. There are several of these in Boston. They should have no connection with Hodan Properties, any member of this Board, and Russo-Barr. The many owners here at the Courtyard deserve an independent expert opinion. We need assurance that the concrete and rebar here are sound and safe. The courtyard is, after all, the roof of the garage below. Immediate action is needed to clear the drains, seal the membrane edges and fix the leak at parking place #37. Additionally, there has been a hole in the landing of the stairway to Main Street which has needed immediate repair but has been leaking into the garage for some extended period. Also, there is a settling crack that runs below the walkway in front of B building. There is a membrane installed directly over this settling crack. After all the original installation of the membranes and drains there was a slight seepage from this area. The company that poured the foundation and principal of the company attended a walkthrough of the grounds and garage with me to inspect the crack. He told me millions can be spent attempting to fix this settling crack and it will just come back. This is one example of why it is necessary before undertaking repairs to consult with and understand what was done in the original pouring of the foundation. The concrete company report and the BRS installation and repair order are at Hodan properties. I have encouraged Hodan Properties and the current Board to read all past reports. They contain information critical to a decision on how to move forward. To my knowledge the reports remain unread.
Since leaving the Board here in 2014, I have continued to make myself available to share information with any Board member regarding the history and repair of the building. My background is in operations, maintenance and repair of ships. I am well known in Boston as the young captain who brought the largest ship into Boston Harbor, a Very Large Crude Carrier. named the Massachusetts at 265,000 tons and 1100 feet long. My decades-long career as a ship’s captain gave me extensive experience in understanding the care and repair of waterproofing and mechanical systems and the importance of preventative and continuous and recurring maintenance of all systems requiring repair and replacement.
It is critical to the well-being of the Courtyard Condominium residents that our properties be repaired and maintained for maximum safety and enjoyment at a reasonable cost. The work order provided to the owners is vague and does not support the costs. Thank you for your help and oversight to protect your constituents by ensuring that this occurs.
Captain Bernie Marciniak
Vera,
Below is a letter sent to Mayor Wu on September 6, 2022 . This letter should be distributed to the Board and all owners on the Courtyard to inform them of the facts.
I asked for a meeting with you and the Board for September 9th here at the Courtyard. You replied that no one was available, not one was interested.
I had made copies to hand to each of you at that Friday September 9th meeting. So I'm sending it now . There should be a cooling off period of 30 days before the start
of any work So the concerns in this letter are properly addressed in, in person meetings with the Board and owners and contractor. There are several groups in the Courtyard that
share my concerns.I will follow up with an immediate action plan for stabilizing the Courtyard and questions for the contractor Barr.
CBM
FROM: CAPTAIN BERNIE MARCINIAK September 6, 2022
[email protected] (617) 571 6410 mobile
TO: MAYOR MICHELLE WU:
Dear Mayor Wu:
The owners need your help at The Courtyard Condominiums at 47 Harvard Street in the Charlestown neighborhood of Boston where I am an original resident.The Condominium Board has decided to pay $1.5 million dollars to remediate our center courtyard and flower beds. The decision for this drastic measure is ostensibly to alleviate water standing in these areas which can be simply remedied by clearing clogged drain pipes . This work order needs to be stopped. I am asking that The Boston Building Department and an outside firm be brought in to assess the true scope of necessary work.
Here are the facts:
I spoke to the now selected contractor Russo Barr in mid-May here at the Courtyard condominium complex, I told the principal Andrew Barr and his engineer Jack Rushe that I was the former head of the Board and was here 15 years ago when the Courtyard center was dug up and a new waterproofing membrane installed. I asked them if they had looked at and read the report and scope of work for that installation which is still in place. They told me they had not read it and did not need to read it. They intend to just tear everything out in the entire courtyard area including flower beds. I told them the flower beds in front of my unit do not leak. They were dug out at the time of the courtyard work 15 years ago, waterproofed, and low drains were installed. Since then the flower beds have not leaked and do not need to be dug up. Meantime, I did a spot check today of the drains that are visible in the ceiling of the garage directly underneath the courtyard. The drains are the PVC pipes that carry water out of the courtyard. They are untouched and covered in heavy dust which clearly indicates that no one has checked or tried to clear them. I believe the water does not drain out of the flower beds and the courtyard because the drain pipes are clogged. Some of the courtyard drains are horizontal or slightly uphill and surely clogged and won’t flow without periodic maintenance.
Some 15 years ago the center courtyard was cleared of all soil and cleaned. Under the supervision of the manufacturer a 25-year membrane was installed, and a protective layer put on the membrane. BRS, a Boston company, was the contractor. Upon completion, BRS performed a water tightness test by filling the center courtyard of the new membrane with 2 feet of water. There was no leakage. Later in 2014 BRS was called in to look at the membrane installation. At the time I was the president of the Board. I had been here during the original work and installation. The edges of the membrane and protective layer had delaminated from the brick edge wall all around. This was normal wear and tear from frost and thaw. They came back with a work order. I went out with two of the current board members (Jim Kearns and Mike Alexis) and with Barry the Technician and Chris Fritz the property manager from the previous management company, Copley Management, to join the BRS reps who described to them the problem and how this membrane would be refastened. There was also a leak in the ceiling above parking place #37 beneath the courtyard that was to be repaired. The drains were to be checked to see if they were open and draining. The cost of this project proposal from BRS was $ 29,000. As it turned out, Jim Kearns and Mike Alexis blocked this project from being accomplished. At every rainfall, water has continued to drip from above parking place # 37 for 8 years.
When it rains, the water drainage system for the building runs from the rooftops, down downspouts, and into the garage area. The courtyard lawn area is sealed with a 25 year membrane and protective layer. This center area has four 6-inch drains installed that drain into the garage and into a common pipe system that then flows into the Boston city wastewater line. These drainage lines become clogged with sand, debris etc. and back up into the central courtyard lawn. The garage drainage lines need to be cleared and blown out with air on a regular and as needed basis. Otherwise, there will be standing water in the courtyard. The data collected by engineering studies are useless unless these drains are cleared.
Yet, without performing this simple remedy, the Board is prepared to assess the owners for a total project cost of $1.5 million. Worse, the entire cost is payable up front, placing an immediate burden on all owners, including several retirees, of a $25,000 cash assessment. This payment demand is outside of normal practice, where a percentage of cost is held until work completion and not paid 100% up front. In fact, there are a number of concerns regarding the due diligence and application of constant care by the parties pushing this project forward.
I have repeatedly asked for information regarding this $ 1.5 million project to no avail. Four weeks ago, I asked for a copy of the report from two years ago. I was told by Vera Barter, owner of the current management company, Hodan Properties, that she would send it to me. The report just arrived. The Board here generally operates in secrecy, outside the bounds of customary practice and not in accordance with the condominium documents. There should be an immediate stoppage of this project. All inputs should be examined by an independent expert concrete and water architectural firm. There are several of these in Boston. They should have no connection with Hodan Properties, any member of this Board, and Russo-Barr. The many owners here at the Courtyard deserve an independent expert opinion. We need assurance that the concrete and rebar here are sound and safe. The courtyard is, after all, the roof of the garage below. Immediate action is needed to clear the drains, seal the membrane edges and fix the leak at parking place #37. Additionally, there has been a hole in the landing of the stairway to Main Street which has needed immediate repair but has been leaking into the garage for some extended period. Also, there is a settling crack that runs below the walkway in front of B building. There is a membrane installed directly over this settling crack. After all the original installation of the membranes and drains there was a slight seepage from this area. The company that poured the foundation and principal of the company attended a walkthrough of the grounds and garage with me to inspect the crack. He told me millions can be spent attempting to fix this settling crack and it will just come back. This is one example of why it is necessary before undertaking repairs to consult with and understand what was done in the original pouring of the foundation. The concrete company report and the BRS installation and repair order are at Hodan properties. I have encouraged Hodan Properties and the current Board to read all past reports. They contain information critical to a decision on how to move forward. To my knowledge the reports remain unread.
Since leaving the Board here in 2014, I have continued to make myself available to share information with any Board member regarding the history and repair of the building. My background is in operations, maintenance and repair of ships. I am well known in Boston as the young captain who brought the largest ship into Boston Harbor, a Very Large Crude Carrier. named the Massachusetts at 265,000 tons and 1100 feet long. My decades-long career as a ship’s captain gave me extensive experience in understanding the care and repair of waterproofing and mechanical systems and the importance of preventative and continuous and recurring maintenance of all systems requiring repair and replacement.
It is critical to the well-being of the Courtyard Condominium residents that our properties be repaired and maintained for maximum safety and enjoyment at a reasonable cost. The work order provided to the owners is vague and does not support the costs. Thank you for your help and oversight to protect your constituents by ensuring that this occurs.
Captain Bernie Marciniak
