Residents say builder caused costly damage
Developer:
‘No evidence’ cracks caused by Patriot Hill

FARRAH MAFFAI staff Joan Antonucci looks at the new basement wall she had replaced at her Sayreville home due to damage she says was caused by nearby residential construction. At left, the Antonuccis say these cracks have widened since nearby construction began.

BY JOLENE HART

Staff Writer

The discovery of recent serious structural damage to a Cheyenne Drive home in Sayreville located close to the ongoing construction at the Patriot Hill housing development has area residents concerned.

Since April 2002, effects from the construction of 80 homes at Patriot Hill have been limited to bothersome shaking and blowing dust, which may have been caused by road construction at the site, according to Doug Fenichel, public relations director for K. Hovnanian, which is building the new development.

Last week, however, the situation became more complicated when residents of one nearby home were informed that their foundation was in a dangerous state, with their kitchen floor threatening to fall through to the basement at any moment.

"We didn’t sleep well that night," said Joan Antonucci, owner of the home with her husband, Jim.

A local contractor was able to erect emergency supports for the basement of the home, but that provided the couple with minimal comfort until the necessary repairs could be completed a few days later. Antonucci said the new basement wall cost $11,000.

An entire wall of Antonucci’s basement had to be removed and rebuilt last week, as a large crack had developed, then expanded, in the foundation since construction began at the Patriot Hill site in 2002. Antonucci said that last week she could fit her fingers inside the crack, which was only a few centimeters wide months before.

The Antonuccis, the original owners of the 30-year-old home, have had no choice but to finance the emergency construction themselves, receiving no aid from Hovnanian, which has denied responsibility for the damage after an inspection was conducted by their engineer.

The couple first contacted Hovnanian in April 2002 regarding a small crack in their foundation, as well as severe shaking that caused falling shelves, turning pictures and dishes vibrating off of their table.

The Antonuccis reported the problems to the Sayreville Police Department at that time and also tried to speak with construction workers at the site.

The Patriot Hill site manager, joined by other representatives of Hovnanian, inspected the Antonuccis home after they were contacted about escalating problems in October 2003, according to Antonucci. The couple did not receive a response from the company for weeks, despite dozens of calls made to follow up on the inspection, Antonucci said.

Six weeks after the inspection, Antonucci was faxed a copy of a follow-up report that she said she never received in the mail. According to Antonucci, the letter stated that the damage was not caused by construction at Patriot Hill; rather, it was due to "under-design of the basement."

"What does that really mean?" she said. "They didn’t say a word about the danger."

It was not until recently that a general contractor came to examine the crack and reported the danger of the situation.

Antonucci said that after learning of the severity of the damage, she immediately sent out letters to her neighbors informing them of the unseen danger.

"Most of them have finished basements," she said. "They might not be able to tell."

Antonucci said that borough officials advised her to hire a lawyer to deal with the situation.

Residents who sought help from the borough in a similar situation involving a development being built by Kaplan Cos. in 2001 were eventually given the same advice and told that litigation would be their only means of remediation.

"They’re building $400,000 homes and they’re not going to cover the damages?" Antonucci asked of Hovnanian.

Fenichel emphasized that the company responded quickly to the Antonuccis’ concerns.

"We want to be good neighbors. When someone brings something to our attention, we follow up," he said.

"Engineers have assured us that there was no evidence that the cracks were caused by construction at the site," Fenichel said.

Other residents of Cheyenne Drive, while still unsure of any damage, said that they were seriously inconvenienced by conditions that resulted from construction at Patriot Hill. Vibrations within their homes startled residents and caused broken dishes and shelves.

Fenichel denied that vibrations were caused by dynamic compaction of the ground, as many believed, instead stating that the construction of roads with "road rollers" might be the cause of the shaking.

"I thought it was a tremor," said Pam La Face, who lives across the street from the Antonuccis. According to La Face, her husband, who is experienced in engineering, approached the Patriot Hill site manager to advise against running three pieces of road machinery at once, but his concerns were dismissed.

Residents also complained of thick, choking clouds of dust that blew through their yards during the summer. According to several residents, the builders did not wet the ground as they should have. Several said they called the developer to complain.

Andrew and Helen Parisio, who contacted Hovnanian in response to cracks in their home, said that the company offered to send someone to fix the damage. The Parisios opted to fix the problems themselves because they felt the cracks were insignificant.

Several other residents said they experienced minor damages and decided not to contact Hovnanian with their problems.

The Antonuccis, now resting more soundly above a stable foundation, are still hopeful that Hovnanian will share the cost of repairs made to their home. According to Joan Antonucci, litigation will come only as a last resort.

According to Fenichel, Hovnanian is open to further discussion and welcomes comments from the neighbors.