Tag Archives: zoning variance

Astoria residents say developer damaged their homes


| mchan@queenscourier.com

THE COURIER/Photo by Melissa Chan

A towering medical center being built in Astoria has received a key permit from the city — despite complaints by neighbors who say the construction has caused their homes’ foundations to crumble.

“There are cracks everywhere, in every room, from the ceilings to walls,” said Robert Draghi, who lives behind the site of a future ambulatory care center on 31st Street. “The bricks are just breaking open.”

Developer Pali Realty received a special permit from the city’s Board of Standards and Appeals (BSA) last week to continue building an eight-story medical facility at 23-25 31st Street.

The project was stalled in late 2012, when developers say they accidentally extended the property an extra 10 feet without permits due to a “design error by the project architect.” According to a BSA application, about 80 percent of the building had been completed when developers discovered the mistake.

After that, Pali Realty had to get consent from Community Board 1 and the BSA to lift a partial stop work order issued by the Department of Buildings. It received approval from both bodies by May 21.

Dozens of residents who live in five homes behind the colossal building said they have been dealing with foundation cracks and water damage since the project broke ground in late 2009. They have received little to no help from the developer, the residents added.

“The laws don’t really stand up for homeowners like us,” said Draghi, 47. “All the laws in the books support corporations.”

Resident John Sesumi said his homeowner’s insurance will not pay for damages. He added that his family has been trying to reach a settlement with the developer for years.

“We’re all for helping the community,” said Sesumi, 30. “We understand the need for a medical building. We just want our property to be back the way it was.”

According to Draghi, who has lived in his home for 13 years, Pali Realty and the construction company have been dodging liabilities, with both declining to make a settlement offer.

“This was our ‘grow old’ house. We never wanted to leave,” he said. “They ruined it.”

Under advisory stipulations by the community board, the developer is required to fix damages to the adjacent lands and agree to pay for any repairs.

An attorney representing Pali Realty did not return calls for comment as of press time.

“We just want them to take responsibility, expedite the claim with their insurance and start working this problem out,” said Lisa Draghi, Robert Draghi’s wife.

State Senator Tony Avella lambasted the city agencies during a press conference he set up with the homeowners in Astoria.

“The fact that this developer is being allowed to egregiously encroach onto and damage neighboring properties is a disgrace,” he said.

The senator was criticized in turn for stepping outside of his northeast district and into the territory of his borough president rival, Councilmember Peter Vallone Jr.

“It’s no surprise that while Councilmember Vallone was at City Hall representing his district, Senator Avella and his Senate staff were continuing his never-ending campaign for higher office,” said Andrew Moesel, a spokesperson for the Vallone campaign.

“Councilmember Vallone has attempted to help resolve the situation without holding needless press conferences only meant to draw more attention to a political candidacy,” Moesel said.

 

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