The Patriot Group invited all buyers to a meeting the evening of March 15, 2005. The formal discussion lasted more than an hour and a half. This is a summary of the meeting.

[Meeting summary prepared by Steve Fine. This is not an exact record of what was said. Steve's comments are shown in italics and surrounded by square brackets.]

Main Topics

Presentations

The Patriot Group: Jerry Ricciardi, 8045 Project Manager, and Leith Wain, Managing Partner

Project History

Leith Wain started by stating that they wanted to update the buyers on project status and features. He said that he hoped the status information would help buyers plan their personal affairs.

Prior to the start of the 8045 project, a post office and postal distribution center were located on the site. The public art that will be developed as part of the 8045 project will honor that postal heritage.

Excavation begin in late November, 2003. During the excavation they encountered bedrock closer to the surface than they expected under where the warehouse had been located. It was not possible to determine how far the bedrock was below the surface prior to the start of construction because the warehouse was occupied and it was not feasible to drill through the floor. The bedrock that was unexpectedly close to the surface was in the area where the deepest excavation of the project was required. Excavating more bedrock than was planned caused the schedule to slip.

Wood framing began August/September, 2004. The building is actually constructed as two buildings: a five-level wood frame building that sits on a one-level concrete structure. All of the wood structure's load-bearing columns are anchored to the concrete deck. The wood frame structure is divided in to a North and South wing [The North wing is along Kennett Street, facing the Discovery Channel Technical Center.] The two wings are joined by a "connector" that contains the elevators.

Current Status

The rough trusses and sheathing are being installed. This is an intricate project as there are two levels of trusses. The lower level must be installed and sheathed before the upper level can be installed.

"Rough-ins" have been in progress. A "rough-in" is work that can proceed before the building is weather tight. Sprinkler rough-ins have been completed through the 4th floor. Uninsulated ductwork has also been installed through the 4th floor. Rough-ins on the 5th floor cannot be completed until the roof is framed. Plumbing rough-ins, including installing pipes and drains, has been completed through the 3rd floor. The building will be considered "weather tight" when the tarpaper has been installed on the roof.

To help ensure that the work that is waiting for the roof will proceed smoothly, the builder has performed some mock-ups--installing one set of related items to make sure that everything fits together smoothly. Electrical switches have been installed in one location to make sure that studs, wires, and boxes do not interfere with each other.

Pepco is modifying one of its electrical vaults to enable it to support 8045. Once that is done Pepco will establish the main connection to 8045.

Exterior Elements

Montgomery County required some public art to be included in the 8045 project. One part of that is a 30-foot by 6-foot glass wall. When someone stands at the corner of Newell and Kennett, the wall will hide the driveway and the self-storage building. The wall will be lit at night.

The Patriot Group held an informal design competition for the wall. Three artists submitted proposals. Everyone liked the Transorma/Transforma project proposed by Heidi Lippman. TRANSORMA was an early mail sorting machine that was installed at the post office that used to be on the 8045 site. Ms. Lippman has worked on a number of large public art projects, including work at the New Carrollton Metro Station. For the 8045 project, her design started with postal cancellation stamps. Jerry showed some design pictures. The glass panels for the wall have been fabricated in Munich. [Here is Heidi Lippman's web site. Also, this web page contains some information about TRANSORMA.]

The siding for the building will be Hardiplank. Hardiplank is made from a combination of cement and fiberglass. The material is durable and fire resistant. [Here is a Hardiplank web site, although I do not know if this is the brand that will be used. I have previously heard good things about Hardiplank and known someone who has it on his house. If I were building a house and were not going to use brick, I would use Hardiplank.]

Patriot Group will be installing a circular seating area near the corner of Kennett and Newell.

Patriot Group will be constructing a public pathway between 8045 Newell and the adjacent parking garage. This pathway will extend from Kennett Street to Eastern Avenue. The pathway will be part of an interconnected set of pathways through the core of Silver Spring. Patriot Group will perform the landscaping required for the pathway and install the pathway, seating, and light posts. Montgomery County will maintain the pathway. The pathway will be separated from the condo by a fence and a retaining wall. There will be no direct access from the condo to the pathway.

Comparison to the Silverton

The Silverton condos are being developed close to 8045, so a number of people have asked about comparisons between the projects. The Patriot Group is partnering on another project (not 8045 and not the Silverton) with Clark, the builder of the Silverton. The Patriot Group asked Clark to tour the site so they could learn what to expect with respect to permits. The following information about the Silverton comes from those tours. ("Fire rating" refers to how long a portion of the building is supposed to be able to withstand a fire before burning through or failing.)

This material prompted some questions from buyers.

Question: Why were gas fireplaces not provided as an option?

Answer: Natural gas is available in the building and is supplied to stoves and water heaters (which are also used to heat the unit). The building was not designed to accommodate additional fire boxes, such as gas fireplaces. This is a fundamental aspect of the design. Even if the owners decided they want to allow such fireplaces in the future, it might be difficult to make the modifications required to do that safely.

Question: Since construction will be in progress as people are moving in, will the people who move in early hear construction noise?

Answer: There will be some noise, but there will at least a one floor buffer between residents and construction. For example, people will not be permitted to move into the first floor until the second floor has been completed.

Question: Will residents be able to hear noise from other units?

Answer: The building was designed as a condo where people would live for a long time so the architect paid more attention to sound attenuation (deadening) than one might in an apartment complex. The building will have a solid feel and exceeds requirements in this area.

Question: What type of windows will be used?

Answer: Vinyl window frames with thermal panes.

Answers to Previously Submitted Questions

Jerry and Leith then answered some questions that had been previously submitted. [They moved through this material quickly so I did not capture the exact questions.]

Question: When will people be able to move in and why is delivery so late?

Answer: First floor occupancy is scheduled for September [Jerry did not indicate which part of September.] Another floor should be available for occupancy every two weeks after that. For safety reasons, the County requires that there be one completed floor as a buffer between people who are moving in and where construction is occurring. For instance, people cannot move into the first floor until the second floor has been completed. [This information fell short of the floor-by-floor schedule that the Patriot Group had previously said it would provide. For instance, it was not clear if move-ins will occur in both wings at the same time.]

As was mentioned earlier, the builder had to excavate more bedrock than had been expected. This caused delays to later work. Also, the construction labor market in this area is highly competitive, which has adversely affected the level of effort subcontractors are applying to the job.

Question: How will people be compensated for the delay in delivery?

Answer: The buyers will be rewarded [through appreciation] for purchasing early in a growing market. However, this earliness leads to uncertainty, such as in the delivery time. [The simple answer would have been "no compensation." The buyers would have still benefited from the appreciation if the project had been completed on time.]

Question: How will people who move in first be affected by construction and others moving in?

Answer: Site and landscape work will not be complete when the first residents move in. Even though there will be one empty floor between residents and construction, it is likely that some construction noise will still be audible. Even though construction will be in progress, the building will remain secure.

The architect designed the building so people moving in do not have to go through the lobby. One of the elevators has doors on both the front and back. People can walk through a set of double doors in the garage to reach the back of that elevator.

A buyer asked if construction crews will be using the elevators and affecting the residents. Leith said that is a good question, and he does not currently know the answer. He said that the Patriot Group will provide buyers with a detailed schedule of events during the move-in period so people can understand what will be happening and can schedule their move-in accordingly. Leith also said that people with individual move-in questions should work with the Mayhood Company.

Question: How are inspections performed?

Answer: Four types of inspections are performed.

1. The Patriot Group's on-site manager and the general contractor perform daily inspections.
2. Subcontractors inspect the work they perform.
3. The County requires the Patriot Group to hire independent inspectors for aspects of the project (e.g., foundation). Those inspectors provide reports to the County.
4. The County oversees all aspects of construction. [In February, I asked someone in the County inspection office about the inspections they perform. She said that because of the complexity of the job, the County requires the developer to hire specialized inspectors, which provide reports to the County. The County does not inspect many aspects of the job, but they do inspect certain systems and do perform spot checks. She also mentioned that no one from the County had performed an inspection at 8045 recently.]

Question: What are the building fire ratings?

Answer: The area between the garage ceiling and the first floor has a 3 hour fire rating. The exterior walls and stair shafts have a 2 hour rating. Corridor walls and surfaces between units have a 1 hour rating. Sprinklers are in the corridors, in each unit, and in the areas between ceilings and floors (e.g., the area between the ceiling of the first level and the floor of the second level).

Question: What security will be provided for the building?

Answer: Residents will have keys for exterior doors (including the front door and a personnel door into the garage). There will be a telephone entry system at the front door where visitors can call a particular unit and the resident of the unit can remotely open the front door. People who have a parking space will have a remote control to open the rolling steel door between the driveway and the garage.

Question: What kinds of current building practices are being followed that would minimize future problems with mold?

Answer: No drywall, insulated ductwork, or other finishes will be installed until the building is weather tight. Also, a Tyvek vapor barrier will be installed.

Question: Will residents have locking mailboxes?

Answer: In the mailroom, each unit will have a locking mailbox that will be 6.4 inches wide, 5 inches tall, and 14 inches deep. There will also be two outgoing mailboxes in the mailroom, one for local mail and the other for non-local mail.

Question: What is the rating of the insulation that will be installed?

Answer: R-19 insulation will be installed in exterior walls, and R-30 insulation in the fifth floor ceiling. Sound attenuation baffle insulation will be installed between units in the walls and ceilings.

Question: Who maintains the spaces that are open to the public?

Answer: The public arcade and other spaces on the condominium property will be maintained by the condo association. The walkway between 8045 and the public parking garage will be maintained by the County.

Question: Can buyers enter the site to view the work?

Answer: Due to insurance restrictions, buyers are not allowed on the site until after settlement [Actually, item 29 in the sales contract does allow buyers to enter the property for a pre-settlement inspection a few days before settlement.]

Question: When will windows be installed?

Answer: Tyvek and window installation will begin when plywood installation is complete. The builder has done a "mock-up" of a window installation to verify how the components should be installed to ensure quality.

Question: Why are the balconies for two-bedroom units in the North wing different from balconies for two-bedroom units in the South wing?

Answer: As an "architectural feature" the balconies on the North wing are curved (compared to rectangular balconies on the South wing). This makes the building look much better, but reduces the size of the North wing balconies by 50%.

Later in the discussion, Leith Wain was asked what compensation would be provided to people whose balconies are half the size of what the sales materials showed. He responded that there is some variation in the size of units and that the two-bedroom units in the North wing are larger than those in the South wing, which offsets the much smaller balcony. [It is not apparent in the sales materials that two-bedroom units in the North wing are generally larger than those in the South wing. I discussed this issue further with Leith individually after the presentations were finished. He said that he was not prepared to discuss the issue. He also said the Patriot Group will develop a general approach during the next few weeks for addressing the concerns of all twenty affected buyers.] [Additional information about this issue]

Question: Will the common areas have thermostats?

Answer: Yes, there will be thermostats in the lobby, exercise room, and social room.

Question: Will individual units have separately metered water or will the building need to do allocated usage billing?

Answer: Water will not be metered by individual unit. Instead, the condo association will pay the water bill for the entire building and will apportion costs to units based on unit size. For other utilities (telephone, electricity, natural gas, and cable), buyers will make their own arrangements with and pay individual bills directly to the utilities. There will an electric and natural gas meter for each unit. Only Comcast cable service will be available.

Question: What fans/vents will be in the units?

Answer: Each bathroom will have an exhaust fan that is vented outside. Clothes dryers are also vented outside. There will be a vent in each kitchen underneath the microwave oven that recirculates the air in the apartment.

Question: Will ceiling thicknesses permit owners to install recessed lighting on all floors?

Answer: There are 12 inches between the ceiling of one unit and the floor of the unit above. It will be up to the condo association what people can and cannot do with the space between units. The Patriot Group cannot state whether the space is sufficient for recessed lighting.

Question: Will buyers receive the manufacturers warranties for appliances? What about window seals?

Answer: Buyers will receive the manufacturers warranties for appliances and window seals (window seals are covered for five years).

Question: Will there be a trash chute on each floor?

Answer: There will be a trash chute on each floor in the connector between the wings. Each floor of the connector will also contain a closet with telephone connections and electric meters.

Question: What other projects is the Patriot Group developing in Silver Spring?

Answer: The Crescent at 930 Wayne street is expected to break ground Spring 2005. Construction is expected to begin on the Portico at 1203 Fiddler Lane in late 2005.

Mayhood Company: David Mayhood, Owner, and Ron Smith, Senior Sales Manager

The Mayhood Company works on 15-20 residential development projects at a time; they have a lot of experience dealing with projects and customers. They have tried to incorporate what they have learned about what customers want into this project.

The Washington, DC area is probably the strongest city economy in the country. They have seen condo prices appreciate 20% per year for the last three years. The 8045 project is probably the first building ever constructed as a condominium in Silver Spring (other condos in Silver Spring have been converted from other uses).

Construction is a complex activity. It is not always possible to accurately predict when things will be completed. In their experience, the inability to provide a precise completion date is common. A contributing factor to predicting completion is that Montgomery County is tough on inspections. No one can quote exact dates yet. Do not be surprised if there are more bumps along the way.

The move-in process will start 45 days before the first move-in when Mayhood sends letters requesting that buyers schedule walk-throughs and settlements. If the suggested settlement period does not work for a buyer, pushing settlement back two weeks can be accommodated. After units have been completed, the Patriot Group will do a walk-through to identify problems. Then the buyer will do a walk-through.

Mayhood Company will provide information about what steps must be taken. Champion Title will be doing most of the settlements. They have an office in Bethesda.

Community Management Company (CMC) will be the condo's initial management company. They are very experienced.

At this point, Leith Wain mentioned that as the developer he felt it was his responsibility to pick a household name for the management company, and CMC fits that description. He also said that Mayhood Company has worked a lot with CMC. Leith also mentioned that the 8045 project has helped others feel more confident about developing projects in Silver Spring.

[Here is the CMC web site.]

Bank of America: John [I did not catch his last name.]

The developer will provide $1800 towards closing costs for each buyer that uses Bank of America or SunTrust for his/her mortgage. One issue that must be addressed when buying a condo is that 1028 Fannie Mae approval is required. If working with a different lender, ask them if they can obtain that approval.

SunTrust: Thomas Donohoe, Vice President

SunTrust offers 6-, 9-, and 12-month rate lock-ins. They are also one of two lenders in the area that provide a SmartCommute loan. This entitles the borrower to Metro cards and allows them to qualify for a larger mortgage than they otherwise might because their commuting costs are assumed to be lower than average.

[I do not endorse either Bank of America or SunTrust, but for those who want additional information Thomas Donohoe can be reached at 703-813-4022, thomas.donohoe@suntrust.com, or http://www.suntrustmortgage.com/tdonohoe. I did not have a chance to ask the Bank of America representative for a business card.]

Felix Communications: Carol Felix

To maintain good communications about the project, Carol will send monthly email updates. Another meeting for buyers will be scheduled for July. Also, they will be re-establishing the 8045condo.com web site to provide construction information and a discussion area.

Other Items of Interest at the Meeting

A handout listed the following construction milestones:

The Mayhood Company or Carol Felix was collecting changes to contact information, including email addresses. [The email addresses did not appear to include the updates that people sent to Carol Felix during the past few weeks.]

Printed materials on easels were scattered around the room showing information about the project, such as the plans for the common areas (lobby, party room, and exercise room) and pictures of furniture that will be in those areas.

Unanswered Questions

Here are some of the questions that were provided to Carol Felix but were not addressed at the meeting.

Copyright © 2005 by Steve Fine. Reproduction prohibited without permission.

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Last updated: August 23, 2007