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Apt 4C at 233 Pacific Street - Beware!

Started by DisappointedBidder
almost 14 years ago
Posts: 4
Member since: Mar 2012
Fellow home-seekers, please be warned, based on our experience, this seller cannot be trusted. We had an accepted offer at the full initial asking price for apartment 4C. We received a contract from the seller and returned it. After returning the contract with minor modifications, it sat with their lawyer for over 3 weeks without any communication. Our main concern that we added to the contract is... [more]
Response by UESaptowner
almost 14 years ago
Posts: 92
Member since: Feb 2009

Is this ambient noise coming from the room of 233 Pacific or the roof of the commercial building between the two buildings?

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Response by DisappointedBidder
almost 14 years ago
Posts: 4
Member since: Mar 2012

julesjo, are you closing soon on apartment 4c or another in the building? the installations in the other apartments seemed fine, and clearly the appliances appear high quality. in 4c the gas line behind the stove seemed to be coming out of the wall too high from the ground, preventing the stove from being pushed back into place, to make it flush with the counter in the front; this created a couple/few inch space between the back of the stove and that wall.

UESaptowner, while there is of course ambient noise in the area (as in all of NY) the noise I referred to coming directly from the 4 fan unit on top of the PetSmart, the commercial building below the apartments. We brought a simple noise meter to the apartment. While the windows to the apartment seem of high quality, the sound was still strong enough (particularly what seemed like bass) to create a noticeable sound within the apartment. However, NYC code regarding noise is measured from an open window or door, among other things (can be found here: http://www.nyc.gov/html/dep/pdf/noise_code_guide.pdf ). While I can not remember the exact level from the open window, i do believe it was in the 60-70 decibel range, which is way beyond the code. I believe there are already 311 complaints from people in the neighborhood.

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Response by mache
almost 14 years ago
Posts: 47
Member since: Oct 2011

@DisappointedBidder Thanks for posting this! If only more home-seekers shared this type of information, the nyc real estate search would be much easier for everyone.

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Response by UESaptowner
almost 14 years ago
Posts: 92
Member since: Feb 2009

@disappointedBidder, Thanks for your response. I am actually purchasing a unit on the second floor and had asked if the noise was coming from the roof of the commercial space or the roof of the building since my apartment is right next to these fans. Therefore if it was loud on the 4th floor I can only imagine it being louder on 2. Certainly going to investigate this further, and if necessary complain as well. As to the code, don't you think it's a bit confusing???? "A single circulating device may not produce noise levels in excess of 42 decibels, as measured three feet from the noise source at an open door or window of a nearby residence" - how can you be three feet from the noise source and open window? or am i reading this incorrectly?

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Response by Truth
almost 14 years ago
Posts: 5641
Member since: Dec 2009

UESapt: If you call the DOB they have staff that answer questions over the phone.
Just call and ask.

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Response by yikes
almost 14 years ago
Posts: 1016
Member since: Mar 2012

gross--a four fan exhaust setup from petsmart!! dried fecal and dander flying in your windows--icky--i have a kid with asthma

consider this a blessing

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Response by JButton
almost 14 years ago
Posts: 447
Member since: Sep 2011

paying $1000/sqft in brooklyn? and that with a view of petsmart? not smart. Brooks can find you half that per sqft in manhattan.

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Response by DisappointedBidder
almost 14 years ago
Posts: 4
Member since: Mar 2012

@mache and @UESaptowner you are both welcome. I wish these message boards were a lot more active as well. This industry is in need of a major 'disruption' because the current process is a complete mess. Hopefully an internet entrepreneur, fresh off a major $ windfall will tackle the NYC real estate market!

With regard to the NYC sound code, parts are a bit confusing, but I think the overall message is clear. Any way you look at it, if you measure the sound from the fan system you will determine its way too loud (see next paragraph). If you are on the second floor facing the fan system, your apartment has outdoor space I believe. While they will be putting something up around the patios, without significant work by the sponsor, you will barely be able to have a conversation out there due to the noise. You will certainly notice the sound indoors as well, although of course people have different sensitivities. Make sure to open the window to the bedroom and imagine trying to sleep.

Also remember how decibels work: "Decibels are a logarithmic unit, which means that a noise measuring 30 decibels is actually 10 times louder than a noise registering at 20 decibels." If the code allows ~45 decibels, but the noise at your window is ~70 decibels, they clearly have a lot of work to do. I found this completely unacceptable for a NEW development, and it made me question the entire development (wish I stopped there!) How on earth could that have been an oversight? Answer seems to me it was not an oversight, it was being cheap.

For me and my wife, the noise would have been a complete deal-breaker, but since the broker assured me the sponsor would adequately resolve it prior to closing we proceeded with the contract process. The sponsors lawyer (who was slow, non-communicative, and gave us a contract with multiple errors) rejected the rider with what was essentially no response. And, I am not aware of any work that has since been done. I would recommend you proceed very cautiously and make sure everything is in writing. Simply "complaining" may not give you the results you deserve.

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Response by jhf999
almost 14 years ago
Posts: 9
Member since: Sep 2011

How can sellers remedy fan noise in an adjacent building? And why would anyone eaven think of paying $1.3 million (or even a lot less) for an apartment with noisy commercial fans right outside the window?

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Response by Egan
almost 14 years ago
Posts: 3
Member since: Mar 2008

Have unit owners started closing yet? If not, when are closings set to begin?

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Response by JWL2672
almost 14 years ago
Posts: 138
Member since: Mar 2012

Enjoy living in Brooklyn. $1000/sq ft is insane anywhere outside of Manhattan.

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Response by JButton
almost 14 years ago
Posts: 447
Member since: Sep 2011

apparently Cobble Hill is special.

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Response by UESaptowner
almost 14 years ago
Posts: 92
Member since: Feb 2009

not sure why everyone is quoting $1,000/foot. it appears DissapointedBidder had an accepted offer at $1,100,000 (for 1340sqft) which comes to $820/ft. can anyone find me a better deal for a Condo in as good a location?

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Response by JButton
almost 14 years ago
Posts: 447
Member since: Sep 2011

clearly he didnt get 820/sqft.

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Response by NYCMatt
almost 14 years ago
Posts: 7523
Member since: May 2009

"Despite verbal assurances from the seller’s brokers that the sellers would “of course” remedy this noise issue, they refused to put anything in writing, and rejected without comment our rider which stipulated that the noise be brought to code."

Welcome to the reality of real estate.

What you see is what you get.

It's like Oprah's advice for women about men: YOU CANNOT CHANGE THEM. Either accept them as they are, or move on.

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Response by Egan
almost 14 years ago
Posts: 3
Member since: Mar 2008

A crude skimming of the listings in contract show most below $1,000/sq ft.

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Response by huntersburg
almost 14 years ago
Posts: 11329
Member since: Nov 2010

>It's like Oprah's advice for women about men: YOU CANNOT CHANGE THEM. Either accept them as they are, or move on.

NYCMatt, where do you fit in to that equation?

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Response by bharathmreddy
almost 14 years ago
Posts: 5
Member since: Apr 2012

any suggestions for the HVAC units? can they be pushed back?

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Response by ekartash
almost 14 years ago
Posts: 364
Member since: Jun 2007

has anyone closed on a unit here? what are your thoughts about living here?

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Response by UESaptowner
almost 14 years ago
Posts: 92
Member since: Feb 2009

dissapointedBidder - regarding the noise level, just curious...wouldn't you be able to complain to the Department of Buildings if in fact the decibel level is higher than allowed by code? At that point they would have to rectify the issue or keep getting fined.

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Response by ekartash
almost 14 years ago
Posts: 364
Member since: Jun 2007

UESaptowner... have you closed yet? how was the whole process?

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Response by UESaptowner
almost 14 years ago
Posts: 92
Member since: Feb 2009

@ Ekartash - yes closed on unit. We are very happy mainly about the neighborhood. The apartment is great too. are you looking to purchase there too?

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Response by ekartash
almost 14 years ago
Posts: 364
Member since: Jun 2007

We are looking at the building. Your post makes it seem as though you are not that thrilled about the apt/building. Anything specific?

Would you mind emailing me. My handle at mac.com

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Response by bharathmreddy
over 13 years ago
Posts: 5
Member since: Apr 2012

hey guys: did anyone have any issues with their bank not closing due to the presence of a temporary certificate of occupancy and not a permanent one. Chase is unwilling to close with a TCO..

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Response by str33teasier
over 13 years ago
Posts: 374
Member since: Feb 2010

> It's like Oprah's advice for women about men: YOU CANNOT CHANGE THEM. Either accept them as they are, or move on.

Finally something that I can agree on w/matt re: RE. Yes, "What you see is what you get."

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Response by str33teasier
over 13 years ago
Posts: 374
Member since: Feb 2010

Not fearmongering but where you see one cockroach, there is usually ....

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Response by UESaptowner
over 13 years ago
Posts: 92
Member since: Feb 2009

@Breddy: are you asking in general or specifically to 233Pacific Street. I currently live at 233 Pacific and my bank had no issue. There are more than 14 apartments which have already closed in this bldg, and probably close to 2/3 of them have mortgages (if not more). and btw this building has a CofO.

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Response by bharathmreddy
over 13 years ago
Posts: 5
Member since: Apr 2012

@ UESaptowner: thank you! Chase was misinformed..they know about the TCO. the building does not have a permanent CofO yet..anyway, its all straightened out and they are ok with a Temporary CO and we hope to close within the next day or two.

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Response by bharathmreddy
over 13 years ago
Posts: 5
Member since: Apr 2012

Any particular recs on a microwave model that fits the specs and dimensions of the allocated space in these units..we just closed and are in the middle of moving and cant seem to find a decent model that fits the dimensions of the allocated cabinet for the microwave..thx!

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Response by Truth
over 13 years ago
Posts: 5641
Member since: Dec 2009

Put a toaster oven up there and get a decent microwave for the counter surface.

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Response by UESaptowner
over 13 years ago
Posts: 92
Member since: Feb 2009
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