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By DONNA KENNY KIRWAN PAWTUCKET — The developers of the Union Wadding residential complex have been fined $40,000 for allowing tenants to move into apartment units without a building occupancy permit.
At a Municipal Housing Court appearance Friday morning, City Solicitor Margaret Lynch-Gadaleta told Judge Donna M. Nesselbush that following a discussion among all the relevant parties, a resolution had been reached between the city and the Union Wadding developers agreeing to the $40,000 fine. Attorney Tom Romano, representing the developer, First National Development, said his client admits to the charges and agrees to pay the fine within 30 days. He had no further comment. Nesselbush noted that the fine could have been much higher if the calculation was based on each violation involving 14 units and the number of days they were occupied. However, she accepted the developer’s admission of guilt, adding only that a lien be filed against the property to ensure payment. Early last week, up to 25 people were evicted from 14 rental units at the former mill site at 125 Goff Ave. Among numerous fire and building code violations, the complex was found to have no working fire alarms or sprinklers, and the developers had yet to receive a municipal occupancy permit. The developers, Garfield and Rebecca Spencer of First National Development, had been cited by the city for allowing 14 rental units to be occupied without said permit, along with violations involving methods of egress, stairways and corridors. Ronald Travers, the city’s zoning and code enforcement officer, had initially said he would be seeking substantial fines due to the serious safety issues involved. He had earlier said that the state building code guidelines allow for a $500 fine for each offense, per day, which could have amounted to something in the area of $210,000. However, Lynch-Gadaleta said the $40,000 figure was calculated to help the displaced tenants recoup their expenditures for security deposits, rent and other costs, as well as payment for expenses the city has incurred since the situation came to light. She said tenant reimbursement adds up to roughly $30,000. That figure includes a $1,600 bill from the city’s Fire Department for posting a firefighter at the site while the tenants were in the process of evacuating. While the city wants to send a message to the developer that their actions constituted a serious offense, Lynch-Gadaleta also pointed out that “we’re not looking to torpedo the project.” Travers agreed, saying that after consultations with the developers and the mayor’s office, it was decided that $40,000 was a “reasonable fine.” He said that once the check is deposited into the city’s coffers, the money owed the tenants will be disbursed. While being amenable to the resolution during the brief proceedings, Nesselbush also warned Romano that “this city takes these violations exceedingly serious. You can admonish your clients that these are serious violations.” She added that going forward, city officials “will be watching this development project very carefully.” Several of the tenants who found themselves suddenly evicted from their new apartments in the mill complex were at the court proceedings. Scott and Patricia Graham and Robert Paulino said they had considered suing the developer for rent and security deposits, but will now wait and see if they get reimbursed within four weeks. The Grahams had lived in their apartment for one week prior to the eviction. While they had been happy with the unit, they were extremely dismayed to learn about the illegal occupancy. The couple has been living in a kitchenette at the Comfort Inn, at the expense of the developer, but said this is an inconvenience, especially when it comes to trying to cook meals, do laundry and other household tasks. Patricia Graham said that, despite having just moved in, the couple is planning to find another apartment. She and her husband are upset about the way their safety was compromised, and they don’t trust the proprietors:. “The only way I’d go back there is if there were different owners,” she said. Paulino said he signed a lease in November and was told then he could move in soon. However, he said the date kept getting pushed back, and he wasn’t allowed to occupy his apartment until February. Even then, it was obvious that glitches were still being worked out. He frequently had trouble getting hot water in the shower and there were “a lot of other little things” that required maintenance. Paulino, who works in Boston, said he has found temporary lodging and has moved all of his belongings out. He said he is looking for another place as well because “I don’t want to have to move again. I don’t have time for this.” Another tenant, who didn’t want to be identified because he is hoping to move back in, said he generally likes his apartment considering the rental price of $750. He had looked at other apartments in the city that were smaller in size and older and found rents to average around $1,100 to $1,200. However, the tenant said that while his loft-style unit is brand new and stylish, it has thin walls, ill-fitting windows and appears to have been hastily constructed. “I can hear my next-door neighbor when she is just talking on her cell phone in her bedroom,” he said. He added that when he moved in, the unit had no appliances, there was still plastic sheeting on the windows and construction debris had been left for him to clean up. Another woman who rented an apartment for her college-age daughter also said the space seemed attractive for the price and that her daughter had enjoyed living there. However, she also said there appeared to be a lot that was unfinished in the building and that contractors were constantly telling her daughter they needed to get into the apartment to fix or check something. Both Travers and Fire Chief Timothy McLaughlin said contractors have been working almost around the clock to install a sprinkler system and fire alarms, and take care of other safety and building code issues. While much has been accomplished, both said it will likely take another three to four weeks before a final inspection can be done and an occupancy permit is issued. The project manager for Union Wadding could not be reached for comment Friday.
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