It Depends On Whom You Talk To –

Walnut Tree Village: Nice Neighborhood Or Nightmare Neighborhood?

By Andrew Gorosko

Some residents at Walnut Tree Village, an 80-unit Sandy Hook condominium complex for people over 55, complain that the condo lifestyle there isn’t all it’s cracked up to be, having encountered lengthy delays in getting repairs made to their units.

Some other residents, and the developers of the complex, however, maintain that the residents with major complaints represent only a small percentage of all the residents currently living at Newtown’s first condominium complex.

While Walnut Tree Hill Road area residents have complained for years about adverse effects the condo complex allegedly has had on their neighborhood, the group of aggrieved condo complex residents is now complaining about their treatment by the project’s developers.     

Village resident Alyce Stahl lists numerous problems she has encountered with her condo, alleging “gross negligence and mismanagement” on the part of Walnut Tree Developers, Inc., the developers of the complex, which began construction in 1995. Ms Stahl said she has been the victim of a persistently leaky roof that has created moisture problems in her condo.

 Ms Stahl charges that the developers have not been responsive to her complaints, noting that she pays $85 monthly for upkeep on her unit. Ms Stahl has lived in the village since July 1996.

Village resident Joan Crisona questions why the lawyer for the condominium association and the lawyer for the developers is the same person, asking whether that situation poses a conflict of interest. Mr Crisona said that when she complained about problems she has encountered at the complex, she was told by developer Louis DeFilio that she should move back to New York if she is not satisfied with conditions. Ms Crisona has lived at the village since February 1997.

Ms Stahl said she has taken her complaints about physical problems with her condo unit to town Building Official Tom Paternoster for relief.

“We’re just trying to work with everybody… We’re trying to work with all parties to get the issues addressed,” Mr Paternoster said.

 Ms Stahl said town land use staffers have advised her that if she has persistent complaints that the developers do not resolve, she should hire an attorney. But hiring an attorney to represent aggrieved village residents in a court case would be expensive, Ms Stahl said.

Ms Crisona explained she has experienced many problems with her clothes dryer, but has not gotten satisfaction from the developers.

Village residents tend to be afraid to complain about problems, said resident Doris Esposito, who has lived in the complex since November 1996.

 “It’s been going downhill,” Ms Stahl said of the complex, claiming that conditions have been deteriorating. Lawn maintenance at the property is not thorough, she said.

Ms Stahl said a fireplace she had installed in her unit for $3,400 poses safety hazards. “I think it’s a fire and safety hazard,” she said.

Catch-22

Ms Crisona said aggrieved residents find themselves in a “Catch-22” situation.

“If you complain, you’re called a troublemaker,” she said. But if residents, in frustration, do the work that the developers should be doing for them, the developers benefit due to decreased labor costs, she said.

“We moved here to be free of maintenance,” she said. The average age of residents is 76, she noted, adding that people move to the village to relax in their older years.

“I have just reached the end of my tether,” she said, adding she is unable to do yard work due to physical limitations.

“We are not being treated fairly,” she said.

The group of women who had gathered to describe their problems with the village said they feel their complaints should be handled better in a complex where a typical unit costs about $225,000.

Resident Rosalie Piperis, who has lived in the village since December 1998, said the paint job in her condo unit is of poor quality. Ms Piperis described various problems she has encountered at the complex.

Village resident Patti Russo, who moved to Walnut Tree Village in March 1998, said, “I’m concerned about [what happens] down the road, because things are falling apart already.” Ms Russo said she fears that increased condo fees would prevent her from remaining at the complex.

Ms Russo complained that maintenance workers at the village are careless. “I’ve gotten nothing but snide remarks from Mr DeFilio. I get these snide remarks and nothing gets done,” she said.

 Resident Annette Cooper, who moved to the village in January 1999, said she has tried to get along with the developers, but when she speaks to them about longstanding problems she has experienced, they put her off. “I had problems from day one,” she said.

“We’re in the right, but they [developers] make you feel like you’re in the wrong,” she said.

Ms Stahl complained about how the developers treat residents. “They’re surly. They belittle us. They’re rude,” she said. 

“We’re [residents] fragmented and they [developers] like it that way,” she said.

The condominium association bylaws are written to protect the developers, she said.

Ms Crisona said she has gotten “shabby treatment” from the developers concerning her complaints.

She said she fears what will happen if the developers get town approvals to build a second phase of the complex.

Expansion Sought

Mr DeFilio and his business partner, George Trudell, expect to submit plans to the Planning and Zoning Commission (P&Z) soon to add 110 more condo units to Walnut Tree Village. Last fall, the P&Z rejected a proposal to add 133 units at the property, saying the amount of construction proposed for the steep site would create changes to the landscape which are too drastic. The developers initially wanted to expand the complex by 150 units, but the Water Pollution Control Authority (WPCA) had cut that number to 133 units.

The developers are in the process of getting approvals from the P&Z for various physical changes which they made during the construction of the first 80 units of the complex without directly seeking  P&Z approvals.

A major point of contention has been the developers’ creation of walkout basements at the complex. The P&Z maintains the developers created the walkout basements without proper permission from the P&Z. The developers counter that they received permits for the work from town staff members.

The women point to a looming rock face on the northern edge of the complex as posing safety hazards to residents living nearby. Ms Esposito asked why the town has allowed such a problem to occur.

Workmen initially graded the rock face, leaving a rock overhang atop it.

The P&Z is requiring the developers to correct falling rock safety hazards posed by the rock face caused by the freeze-thaw cycle and rainfall. Fences have been installed at the base of the cliff and atop it as safety measures.

In the initial phase of Walnut Tree Village, the developers had sought approvals to build 90 units. The P&Z reduced that number to 80, citing the extensive rock cutting which would be needed to build 90 units on the 18-acre Walnut Tree Hill Road property.

Village resident Rose West, who moved to the complex in November 1998, complained the developers do not treat residents well, and give villagers the runaround. Also, the developers can be difficult to reach, she said. Ms West complained of a mudslide that occurred on a steep slope behind her condo unit after heavy rains.

The property is improperly maintained, she said, adding she has found the developers unresponsive.

“It’s such a beautiful setting and the people are so nice,” but she added. “I’m doing more work here than I did in my own home,” she said.

Ms West said she has a long list of complaints and has waited long periods for repairs to be made.

If the residents of the village were to assume control of the condominium association, they would have say over how matters are handled, she said. “It could be so wonderful,” she said.

The association has three members – Mr DeFilio, Mr Trudell, and village resident Matthew Keane, who is association president.

The women say that because the developers hold the majority of seats on the association, issues will always be decided in the developers’ favor.

Association President

“There are people who just love living here,” Mr Keane said.

“Everybody has an individual case,” he continued. Some people are not vocal, while other people are very vocal, he added.

Some people will look at a problem and not make very much of it, while other people will look at it and consider it a major problem, he said.

Mr Keane acknowledged it takes a long time to get problems fixed in village condo units. He stressed, however, he likes living at Walnut Tree Village.

“Generally, I love living here. I don’t like having to wait as long as it took to get some things done,” he said.

Some people would view the aggrieved residents’ complaints as nitpicking, while other people would view the complaints as major problems, he said.

“I think the units are great. It think it’s a great place to live,” he said.

The biggest problem at the complex is that the developers don’t respond soon enough to residents’ complaints, he said.

If some residents are upset by how their complaints have been handled, they could hire an attorney, he said.

“I don’t presume to answer for everybody,” he said.

Some condo units may have physical problems which cannot be resolved, he said.

“Are people generally happy living here? Yes, they are,” Mr Keane said. “Generally, I think there’s a lot of people living here who are very happy,” he said.

“Everything is not going to be perfect. I understand that,” he said, adding that the essential problem appears to be a lack of communication.

“Had they [developers] done things in a timely manner, you wouldn’t have any people coming down there and talking,” he said of residents complaining to town land use staff members and the newspaper.

Anyone who complains at length about problems obviously believes they have major problems, he said. “You’re never going to please everybody.”

The developers’ response to problems appears to have improved during the past several months in light of criticism which has been leveled at them at public meetings, he said.

‘It’s Very Pleasant’

Lawrence LaReau has lived at Walnut Tree Village since 1996. “It’s more than decent. It’s very pleasant,” he said of life there.

People who publicly complain about conditions at the complex are in the small minority, he said.

Ms Stahl’s complaint about a leaking roof is a legitimate complaint, which the developers have sought to repair, Mr LaReau said.

“I think the majority of [residents] are very happy to live here,” he said. “This is a beautiful set-up here. These guys have done a nice job. The location is excellent,” he said. “By far, the majority of residents here really love it. It’s a nice place to live… It’s very well constructed,” he added.

Mr LaReau said the developers have drawn criticism from some residents because their calls for various small repairs were not handled promptly, resulting in aggravated people who lodge public complaints.  

A former Heritage Village resident, Mr LaReau plans to move to another condominium complex in Pennsylvania, where he will live alongside a golf course fairway.

The Town View

P&Z Chairman Daniel Fogliano said, “We’re working hard to make the applicants [Walnut Tree Developers] adhere to our zoning regulations. We don’t have any jurisdiction over building defects. Our jurisdiction lies solely with zoning compliance.”   

Town Zoning Enforcement Officer Gary Frenette said if the aggrieved residents have complaints about their condo units, those residents have problems to resolve with the project’s builders.

“If there is anything wrong with the unit – the windows, the doors – that’s not a zoning problem. That’s between them and the builders… If they’re not getting any satisfaction, they should seek legal advice,” Mr Frenette said.

Town land use director Rita Macmillan said the residents’ complaints constitute problems between themselves and the developers. Whether the residents want to hire a lawyer is their decision, she said.

“They might have to get their own attorney. There’s only so much the town can do for them. We can’t be all things to all people,” she said.

“They [developers] need someone to handle these complaints, to bring them back to the developers and process them as quickly and efficiently as possible,” she said.

Jean St Jean, the town’s zoning coordinator, said the complaints which the residents have about their units are not zoning matters. “If the developers and the people worked together to resolve these issues, it would be better for everyone,” she said.

The Developers

In response to the residents’ complaints, Mr DeFilio said Ms Stahl has had persistent problems with a leaking roof, which the developers have endeavored to repair. The developers have put her directly in touch with a roofer to resolve her complaint, he said.

Mr Trudell said the developers have worked to fix the roof problem. Certain people cannot be pleased, and Ms Stahl is one of them. “She will… never be satisfied,” he said.

When problems are reported, the developers have subcontractors return to the complex to make repairs, he said. However, getting them to return to do the work can be a lengthy process, he said.

“We’re at the mercy of two schedules,” he said, noting that the repairmen and the people who want repairs done have different schedules.

Due to delays with subcontractors, it takes longer than the developers would like to get repairs done, he said.

Mr Trudell likened the repair work at Walnut Tree Village to subcontractors making the repairs on a new home “punch list,” multiplied by the 80 units at the complex.

The developers do much incidental work to please residents and to maintain the developers’ reputation, he said.

Mr DeFilio said, “There’s 120 people that reside here… By and large, the rest of the people who live here don’t have complaints.”

“In general, our first 80 units have been very successful, “ Mr DeFilio said.

“George and I are continuing to work with these [residents] to address all their problems, whether they are major or minor,” Mr DeFilio said. Some problems are harder to solve than others, he said.

“We’re not going to abandon their requests for remedies,” he said.

“For every disgruntled person, there’s probably four or five that are happy,” Mr DeFilio said.

“It’s frustrating. We’re stunned by some of the people. We try to treat everyone here with respect,” Mr Trudell said.

“We have worked very hard at this for a long period of time,” Mr Trudell said. He said he is excited about building Phase 2 of the project, adding that condominiums for people over 55 are needed locally.

Commenting on complaints about the rock face at the property, he said, “The rock is stable.” The developers have worked to clean up problems with the rock face, Mr DeFilio added.

The developers hope their revised proposal for 110 new units resolves the concerns which P&Z members had when they turned down the proposed 133-unit expansion project last fall, Mr Trudell said. The new proposal involves significantly less earthmoving on the site, he said.   

The condominium association will be turned over to the village residents sometime after the developers receive town approvals to build Phase 2 of the project, Mr Trudell said.

The developers denied a rumor that they intend to sell the property and the development rights to Phase 2 of the project after they receive construction approvals for Phase 2 from the town.