Delays in downtown Norwich apartments led to nightmare for tenant desperate to move in

Norwich ― A window air conditioner spotted by a city fire marshal June 28 in an unpermitted apartment in the new Water Street Lofts continued a four-month nightmare experienced by would-be tenant David Polach.Polach, 46, had moved into the apartment June 20 after months of wrangling with the on-site construction representative as to when the building would pass city inspections and open. Polach, who works at Whole Life in Brooklyn, a day program for people with intellectual disabilities, had sold his house in Plainfield on March 18 after a divorce.Polach and his sister, Katelyn Lavoie, who advocates for her "shy and passive" brother, were told by construction representative Josh Lobl that he could move in on March 19. Polach downloaded the lease from the leasing portal and electronically signed it to run March 19, 2024, through Jan. 30, 2025.Then the text messages and phone calls kept coming: Two more weeks. Not yet. Almost ready, one more inspection. Lavoie said her brother had to spend money from the house sale to stay in hotels, costing $100 per night.When more assurances came in April, Polach bought $5,000 worth of furniture for the unit he had selected, #406, with a view of Norwich Harbor on the Water Street side of the complex that fronts on Water and Main.Lobl told Polach the building still wasn't ready, but Polach could bring his furniture to #406, Lavoie said."Now it's May. Nothing. Nothing has happened," Lavoie said. "My brother has been living in hotels since March 18."Weeks later, Lavoie said, Lobl proposed that her brother could switch to a third floor unit, which is street level on Main Street and could be available sooner with a temporary certificate of occupancy by the city.On June 20, Polach paid movers $400 to carry his belongings to #306. He bought kitchen items and food and moved in. Lavoie said Lobl told him to be discreet about living there. But the air conditioning unit kept showing an error code, and with the summer's first heat wave in full swing, Polach bought the window unit soon spotted by Fire Marshal Capt. Mark Gilot.A city building inspector posted a red sign on the apartment door condemning the unit. Building Official Dan Coley said the notice was meant to alert anyone living there whom to contact. The apartment never was approved for occupancy, Coley said.A new nightmare followed. Lavoie said Polach was at work when Lobl called frantically saying workers needed to move his belongings to the sides and move his kitchen items elsewhere in the building to show he was not living there.The workers changed the locks. When Polach went to remove some essential items to once again sleep in a hotel, he discovered several high-priced items were missing. These included two PlayStation sets, video games, four pairs of high-end collectible shoes and a collection of expensive colognes. He estimated the value of the items at $4,000-$5,000.Polach called police to report the thefts. Police Lt. Nicholas Rankin confirmed on Wednesday police are investigating.Polach asked for a police escort to return with a mover after project officials ordered him to clear out all his belongings. The company had changed the locks a second time.Water Street Lofts is one of several downtown revitalization projects heralded by city leaders and partly funded through the city's federal American Rescue Plan Act grant. The $8.8 million project, owned by Norwich Luxury Apartments LLC, will create 42 market-rate apartments and street-level commercial space on Main and Water streets in two large 19th century buildings at 77-91 Main St.Abraham Gordon, project manager, said the project would live up to those promises and will be a centerpiece for downtown and for tenants living there.Gordon disputed parts of Polach's and Lavoie's version of events, most notably their claim that he had permission to move in and live there. He said Polach never received the owners' permission and management never signed the lease he downloaded. He did not pay deposit or rent ― Lavoie said his deposit had been returned to his account. Gordon said construction crew members on site only gave Polach access to the apartments to move in his furniture."Looking back at the records," Gordon said, "there was no security deposit made, no lease signed on our side. Even with so-called permission, they were not a legal tenant. We don't know what a contractor on site might have said in his mind. It is clear from the owner's side that there was no permission, and no permission from management. When we did get involved, we notified them they could not be there."Lavoie retained copies of texts in which she asked Lobl for window sizes and for a ladder to hang curtains for her brother. Polach contacted Lobl about the failed air conditioner. And, she said, he was given a key to the apartment.Lavoie contacted several city officials to voice their complaints."If I was hiding, why would I put an air conditioner in the window?" Polach said. "It's a complete lie that I was not given permission to move in."City leaders ― as well as project manager Gordon ― have expressed frustration at the delays in obtaining final certificates of occupancy. City Building Official Daniel Coley said city officials have conducted "about 100 inspections" there, each time finding required work not completed. Norwich Luxury Apartments LLC has been approved for $800,000 in assistance from the Norwich Revitalization Program, administered by Norwich Community Development Corp. The developer received a $400,000 loan at the start of construction and has been promised a $400,000 grant as soon as the project receives final certification, NCDC President Kevin Brown said."The best intentions went sideways on everybody, and now we have this very difficult situation with the project and the tenant," Brown said.The project started construction in 2023 and moved along quickly. In June 2023, city, state and federal government and political leaders toured the two buildings, which were anticipated to be completed by December.One major delay was an ill-fitting trash compactor that would prevent the need to have more than 80 trash and recycling bins on sidewalks on collections days. Interior renovations were needed to accommodate the trash compactor.But other issues preventing city approval became evident. Sprinklers in one stairwell were not done. Exit lights were not working. One stairwell exit door had a wooden bar across it, rather than a push lever as an emergency exit, Building Official Coley said.The city has agreed to allow temporary certificates of occupancy for some apartments if all building life-safety issues are resolved, Coley said.After receiving another email from Gordon last Tuesday evening saying required work was done, with photos of key areas to show completed work, city officials involved in the project met Wednesday to discuss what needed to be done prior to one more final inspection."We're working with the city officials to get the CO and open the property," Gordon said Thursday. "We had some hiccups along the way. It should be a couple days."Gordon said he wants to focus on the future, obtaining the CO to allow tenants already lined up to move in."We're excited about getting it open," Gordon said. "We believe in the downtown area. We love its charm. We think people will really like the place."Polach will not be one of those new tenants this time. He is on a waiting list for an apartment at the Lofts at Ponemah Mill in Taftville and hopes that will open up soon.He has been staying at his brother's house in Griswold during the week and staying with his sister in Smithfield, R.I., on weekends. He estimated he has lost about $12,000 in hotel stays and moving costs over the past four months."I just want it to be over with, Polach said.c.bessette@theday.com