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HomeMy WebLinkAboutBP21-205PEFtMiT # S� SECTION TYPE OF WORK JOS LOCATION OWN CONTRACTOR• • % � BLOCK LOT / f bt7G�i Z� C�Q VE' <.�' Gcle7� �r�'s`'� y'�C� %/ �.'� ��Qt yC�t�Y � �h�c,h�o�u�� �/� 3�1-�/3a EST. COST '� � �� � FEE � 'r �co # FEE � %l �—iJ� DATE ,� TCO # _ FEE DATE _ Iwic�Fc'TION RECOR�L DATE FOOTING FOUNDATION - FRAMING RGN FRAMING IN5U1.�►710N PLUMBING RGH PLUMBING GAS SPRINKLER ELECTRIC LOW -VOLT a ALARM a AS BUILT FINAL i NSP �---- .. � -��5� /l%cks LC/ec�'ic �': ✓ice, �P� � % OTHER APPROVALS ARB BOT P8 ZBA OTHER try 4° J�u VILLAGE OF RYE BROOK MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR Paul S. Rosenberg (914) 939-0668 Christopher). Bradbury www.aebrook.org TRUSTEES BUILDING&FIRE Susan R. Epstein INSPECTOR Stephanie J. Fischer Michael J. Izzo David M. Heiser Jason A. Klein CERTIFICATE OF COMPLIANCE December 29, 2021 Erica Mason& Lora Saat 7 Bayberry Close Rye Brook,New York 10573 Re: 7 Bayberry Close, Rye Brook, New York 10573 Parcel ID#: 129.76-1-86 Building Permit#21-205 issued on 8/5/2021 to Legalize Decorative Pond This certifies that the decorative pond with electric waterfall in the rear yard, legalized under the above captioned permit has been satisfactorily completed. Sincerely, f 11 Steven E. Fews Assistant Building& Fire Inspector /tg BUILD R MENT For office use onl : ID PERMIT# -e7oT FDEC13 VIL OF RY.E OK ISSUED: 2021 3$KING STRE i'E BROOK, YORK 10573 DATE:/ara/-Q/ VILLAGE OF RYE BROOK ,> 9 -06 ©� FEE: +dc /10— PAmJd BUILDING DEPARTMENT APPLICATION FOR CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLIANCE, AND CERTIFICATION OF FINAL COSTS TO BE SUBMITTED ONLY UPON COMPLETION OF ALL WORK, AND PRIOR TO THE FINAL INSPECTION y*�rt*�rtrt**rts*rtt*rt*trt*****rt*xtr*rrx*rxrxxs{r�xstxxrxsrxxr*st*****t#*##r####k*#####kkx*#*kk*#*##x###**##*k#k Address: Ctq K-i � 6S'Q. � � -)Yt;L( 1 NN C� J . Occupancy/Use: I—r Parcel ID #: o�/q, 7lo —1—26 Zone: Owner: L 10&6 Address: �] aq{fie f(l j C(:,€fit g-e P.E./R.A. or Contractor: Address: Person in responsible charge: Address: Application is hereby made and submitted to the Building Inspector of the Village of Rye Brook for the issuance of a Certificate of Occupancy/Certificate of Compliance for the structure/construction/alteration herein mentioned in accordance with law: STATE OF NEW YORK, COUNTY OF WESTCHESTER as: I,!Lim SCtat being duly sworn,deposes and says that he/she resides at (Print Name of Applicant) (No.a d Street) in iv e 6yb()X I in the County of U SASYV S--< r in the State of ,that (City/Town/Village) he/she has supervised the work at the location indicated above,and that the actual total cost of the work,including all site improvements, labor,materials,scaffolding,fixed equipment,professional fees,and including the monetary value of any materials and labor which may have been donated gratis was:S r -50 d for the construction or alteration of: E, C Deponent further states that he/she has examined the approved plans of the structure/work herein referred to for which a Certificate of Occupancy/Compliance is sought,and that to the best of his/her knowledge and belief,the structure/work has been erected/completed in accordance with the approved plans and any amendments thereto except in so far as variations therefore have been legally authorized,and as erected/completed complies with the laws governing building construction.Deponent further understands that it shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created,erected,changed,converted or enlarged,wholly or partly,in its use or structure until a Certificate of Occupancy or Certificate of Compliance shall have been duly issued by the Building Inspector as per§250-10.A. of the Code of the Village of Rye Brook. Sworn to b ore me this D r Sworn toZ ore me this day of (/ �.+BM�- 202day ofrcf. , 20 Signature of Property Owner Signature of Applicant t_� a fa�- S 6� � Eck L �c� Print Name of Pro ei— Print Name of Appli nt Notary Public Notary Public W P.ALEXANDER DREW P..A1,MANDER NOTARY PUBLIC OF NEW PORK NOTARY PUBLIC OP NEW YORK I.D.#OIAL6414646 I.D.#OIAL•6414646 MY COMMISION EXPIRES 03/01/2025 MY COMMISION EXPIRES 03/01/2025 QyE BRC�v�. cu � BUILDING DEPARTMENT ❑BUILDING INSPECTOR 1111(SSISTANT BUILDING INSPECTOR VILLAGE OF RYE BROOK `r❑CODE ENFORCEMENT OFFICER 938 KING STREET • RYE BROOK,NY 10573 (914) 939-0668 FAx (914) 939-5801 www.ryebrook.org - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - ADDRESS : �\ ( DATE: '-2 � 261-/ PERMIT# .�� ISSUED: S-t�ECT�'2 -1 I BLOCK:LOT \ 1.V i�-l�ii� LOCATION: �`� � l�� Co ""A V� (2U(l 111 OCCUPANCY: __Z_ M ❑ VIOLATION NOTED THE WORK IS... C�YACCEPTED ❑ REJECTED/REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING ❑ ROUGH FRAMING ❑ INSULATION NATURAL GAS ❑ L.P. GAS ❑ FUEL TANK ❑ FIRE SPRINKLER ❑ FINAL PLUMBING ❑ CROSS CONNECTION j] FINAL ❑ OTHER a In M N M y PA O O rl t Lei 06W M s F .. >1 �p o?j C/1 m4 o Z ON OccS - � `' pq � � oo �, w wU Go0.4 i n 0 06, �w C 4 144 U Mco A 1.0 ON U w e U � � � Ad Z W G O ►,a Z � o � � w `� = w t o a = z e, i u ll w p 0. oa „ a RI IE C E ME BUILDING b6A MENT VILLAGE OF RYE 1$RbOi� OCT 7 2021 938 KING STREET RYE BROOK,NY 10573 VILLAGE OF RYE BROOK (914)939-0668 FAX(914)939-5801 BUILDING DEPARTMENT W.W.I&e_bt'ook.or- ELECTRICAL PERMIT APPLICATION Westchester County Master Electricians License Required FOR OFFICE USE ON _ 8 ##: ��—t W EP#: Approval Date: ((JJ((;; 1 50 — b Permit Fee: s Approval Signature: Other: Disapproved: (tees are non-refundable) Application dated, ZA is hereby made to the Building Inspector of the Village of Rye Brook NY, for the issuance of a Permit to install and/or remove electrical equipment,wiring, fixtures,or to perform other high or low voltage electrical work as per the detailed statement described below. The applicant & property owner, by signing this document agree that all electrical work performed will be in conformance with all applicable Federal, State,County and Local Codes. J 1.Address: 1 Q / SBL:JQ — — fp Zone:Per 2.Property Ogner: L Address: Phone#: "1 11, n ©_Celt#: email: 0 rej j 3.Master Electrician: Address: V u f t 1) W, Lic.#: �Phone#: yy� �i email: C Q � Company Name: L L � � �,L 4.Proposed Electrical Work/Fixture Count: STATE1nOF W YO ;COUNTY OF WESTCHESTER ) as: 0 ' ` rt g�uly sworn,deposes and states that he/she is the applicant above named,and does further (pri t name of individu signing as the ap cant) state that(s)he is the legal owner of the property to which this application pertains,or that(s)he is the for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,agent,attorney,etc.) The undersigned further states that all statements contained herein are true to the best of his/her knowledge and belief,and that any work performed,or use conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and in any accompanying approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention&Building Cade,the Co a of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Sworn t efore a this Sworn to before me this 1 A day of 20 ;igo4nature 6W 20� Signature of Prpperty Owner of Appltca I Pri Na Prope wner Nam icant to tc Notary F 1 YV N JENNINGS NOTARY PUBLIC TATE OF NEW YORK DIANATROMBACCO NOTARY PUBLIC,STATE OF 4EW YORK i i/y� No.of TA6249834 Registration No #01TR6346329 �l�YV1C3 d ioO/Y star(you Qualified in Dutchess County My Commission Expires t 0-11 0 23 3^^�el/a Commission Expires Septemeer 26 2024 n117 Westchester Rockland Electrical Inspection Services, Inc. Phone: 914- 47-3595 DQ NOT WRITE HERE-FOR OFFICE USE ONLY 43 North Lawn Avenue Fax: 14-347-3596 Elmsford, NY 10523 ILDING PERMIT NO. TEMP# DATE 1 CITY OR VILLAGE ZIP CODE TOWNSHIP COUNTY STREET AND NO,OR R r POLE NUMBER BETWEEN WHAT TWO CROSS STREETS Y7EMISES L 9 SECTION BLOCK LOT nLd OCCUPANTS NAME BUILMG OCCUPANCY OWNER'S NAM P ADORE E TELEPHO E N R CURRENT SUPPWM BY FROM THEIR OFFICE WOW TELEPHONE NUMBER LIST BELOW ALL EOUIPMENT WHICH YOU INSTALLED NUMBER OF OUTLETS NO.OF FIXTURE&&-- MOTORS HEATERS OFFICE USE LOCATION LAMP RECEPTACLES ONLY SIDEWALL SWITCH INCADE FLUORE NO. H.P EACH NO. WATTS EACH INSPECTION r SIDE t - BASEMENT I 1`FL 2-FL. VILLAG OF 3' FL. RTME REMARKS:LIST OTHER ELECTRICAL DEVICES NOT SET FORTH ABOVE: THIS APPLICATION IS INTENDED TO COVER THE ABOVE LISTED ITEMS TO BE INSPECTED.IF AT ANY TIME OF INSPECTION ADDITIONAL ITEMS HAVE BEEN INSTALLED.YOU ARE AUTHORIZED TO MAKE THE INSPECTION AND ADJUST THE FEE FOR THE ADDITIONAL ITEMS INSPECTED AS PROVIDED BY THE APPLICANT.THE APPLICANT DECLARES THAT THERE IS NO OPEN APPLICATIONS FOR THE ABOVE WITH ANY OTHER INSPECTION COMPANY.WREIS,INC. IS NOT LISTING,LABELING.UNDERWRITING OR CERTIFYING ANY EQUIPMENT. MATERIALS OR DEVICES WHICH ARE PERFORMED BY OTHER CERTIFIED TESTING AGENCIES OR INSPECTION COMPANIES.THE APPLICANT,OWNER,OR AUTHORIZED AGENT AGREES TO ALL THE ABOVE TERMS AND CONDITIONS AS SET FORTH FOR THE APPLICATION. SIZE OF SERVICE A FEEDERS CHARACTER OF WORK NEW L3 ADDITIONAL 77 EXPOSED D CONCEALED❑ MUST ENTER APPLICANTS IDENTIFICATION NUMBER SERVICE ENTERS BUILDING OVERHEAD❑ UNDERGROUND❑ t } AVOID DELAYS BY GIVING FULL AND ACCURATE INFORMATION.ALL SPACE MUST BE FILLED IN OR APPLICATION MAY BE RETURNED. L NAME OF COMPANY DATE OF APPLICATION SIGNATU LIC g 2� x STREET ADDRESS 0,C: / .Y.LL 6-TELEPHONE NO. - - r CITY OR POST OFFICE ZIP C6 O ` ENSE NO.WHEN APPLICABLE WESTCIIESTER ROCKLAND WRE 10)ELECTRICAL INSPECTION SERVICES,INC. BY THIS CERTIFICATE OF COMPLIANCE THE Westchester Rockland Electrical Inspection Services 43 North Lawn Ave, Elmsford, NY 10523 914-347-3595 (Office) 1 914-347-3596 (Fax) CERTIFIES THAT Upon the application of: Upon premises owned by: Nicks Electrical Service of New York LLC Liora Saat&Erica Mason 48 Grand Street NY, New Rochelle 10801 Located at:7 Bayberry Close Rye Brook, NY 10573 Certificate Number: 1031676 Section: 129.76 Block, 1 Lot:86 BDC: Permit Number: EP:21-254-BP:21-205 A visual inspection of the electrical system at this premise described as a Residential occupancy,wherein the premises electrical system consisting of electrical devices and wiring,described below, located in/on the premises at: 7 Bayberry Close Rye Brook,NY 10573 Basement list Floor 2nd Floor 3rd Floor Garage Attic Outside Other: Inspection was conducted in accordance with the NYS and NFPA 70-2017 International Electrical Code and detail of the Installation,as set forth below,was found to be in compliance therewith on 11/08/21 Name Type Quantity Receptacle,Outdoor GFI For Pond Pump 1 This Certificate has been approved by Westchester Rockland Electrical Inspection Services. This certificate may not be altered in any way. 4 This certificate is valid for work performed before date of inspection only. 404- 11 I Building Permit Check List&Zoning Analysis Address: :1 ��zI'2i 2� (�t—o S E_ SBL• { Z to — l Zone: ? Use: Z o Const.Type: Other. A L_ L Z A---,--e D ti Submittal Date: Z Revisions Submittal Dates: 3 Z k Applicant rA o Nature of Work G-.-C. A lit ZF, (LA 7z-- rp ti � =aj_� W Ater ,/Z Reviews:ZBA PB: BOT: Other. OK ( ( ) FEES:Filing.—7S BP: i OD' C/O: Legalization: 's— ( (,�APP: Dated: ✓ Notarized: ✓ SBL: ✓Truss I.D. Cross Connection: H.Q.A.: s� Z ( ) ( ) Scenic Roads: Steep Slopes: Wetlands: Storm Water Review: Street Opening. ( ) ( ) ENVIRO: Long Short: Fees: N/A: ( ) ( ) SITE PLAN:Topo: Site Protection: S/W Mgmt.: Tree Plan: Other. ( ) ( SURVEY:Dated I D Z f Current --_"Archival: Sealed Unacceptable: ( ) ( ) PLANS:Date Stamped: Sealed: Copies: Electronic: Other. ( ) ( ) License: Workers Comp: Liability Comp.Waiver. Other. O O CODE 753#: Dated N/A: (� ( ) HIGH-VOLTAGE ELECTRICAL Plans: Permit: N/A: Other. ( ) ( ) LOW-VOLTAGE ELECTRICAL Plans: Permit: N/A Other. ( ) ( ) FIRE ALARM/SMOKE DETECTORS:Plans: Permit: H.W.I.C.:_Battery:_Other. ( ) ( ) PLUMBING Plans: Permit: Nat. Gas: LP Gas: N/A/: Other. ( ) ( ) FIRE SUPPRESSION:Plans: Permit: N/A: Other. ( ) ( ) H.V.A.C.: Plans: Permit: N/A Other. ( ) ( ) FUEL TANK-Plans: Permit: Fuel Type: Other. ( ) ( ) 2020 NY State ECCC: N/A Other. ( ( ) Final Survey: Final Topp: RA/PE Sign-off Letter. As-Built Plans: Other. ( (�/BP DENIAL LETTER: ✓ C/O DENIAL LETTER Other. ( (`7 Other. A .k4 .U. ( )ARB mtg.date: approval- notes: ( )ZBA mtg. date: approval: notes: ( )PB mtg.date: approval• notes: REQUIRED EXISPING PROPOSED NOTES A U G - 4 2021 Circle: Fron�ta¢e Front; Fr= Rsar. Main Cov Accs.Cov Ft. Sb: Sd.H/Sb -GFA. Tot.Imp n�""lIt,M',,P:�. HHg /Stories: notes: p BUILDING DEPARTMENT VILLAGE OF RYE BROOK JUN - 2 2021 938 KING STREET RYE BROOV,NY 10573 (914)939,-f166�f (914)939-5801 VILLAGE OF RYE BROOK BUILDING DEPARTMENT ARCHITECTURAL REVIEW BOARD CHECK LIST FOR APPLICANTS This form must be completed and signed by the applicant of record and a copy shall be submitted to the Building Department prior to attending the ARB meeting. Applicants failing to submit a copy of this check list will be removed from the ARB agenda. Job Address: - "rn( 6425e Date of Submission: Parcel ID#: Zone: P d Proposed Improve ent(Describe in d ail): APPLICANT CHECK LIST: 1_ MUST BE COMPLETED BY THE APPLICANT a The following items must be submitted to the Building Department by the applicant-no exceptions. W Q 1. ( )Completed Application 2. ( )Two(2)sets of sealed plans. (one full size(maximum Property Owner: 'ao c�e 1a a© allowable plan size=36"x 42"}and one l l"x1T' Address: 7 9wk1rr11CW.Se— 3. ( )Two(2)copies of the property survey. 4. ( )Two(2)copies of the proposed site plan. Phone# 2 Z 5. ( )One electronic/disc copy of the complete Applicant appearing before the Board: application materials.6. ( )Filing Fee. 7. ( }Any supporting documentation. 8. ( )HOA approval letter. (rfapplieable) Address: 9. ( )Photographs. Phone# 10.( }Samples of finishes/color chart.(a sample board or Architect/Engineer: model may be presented the night of the meeting) Phone# By signature below, the owner/applicant acknowledges that he/she has read the complete Building Permit Instructions&Procedures,and that their application is complete in all respects.The Board of Review reserves the right to refuse to hear any application not meeting the requirements contained herein. Sworn to before me this ) Sworn to before me this day of , 20a\ _ day of , 20 Si jnature of Property Owner Signature of Applicant 7YIVGYI `�I.(!V� PrfiA Name of property�Ownerr q Print Name of Applicant Notary Public Notary Public SHARI MELILLO Notary Public,State of New York No.01 ME6160063 Ouallfied in Westchester County Commission Exo1rt3S Januar,29 20 -23 3/21/19 �yE 0 t�Wtvu� . 19t3 VILLAGE OF RYE BROOK MAYOR 938 King Street,Rye Brook,N.Y. 10573 ADMINISTRATOR Paul S.Rosenberg (914)939-0668 Fax(914)939-5801 Christopher J.Bradbury www.ryebrook.org TRUSTEES BUILDING& FIRE Susan R.Epstein INSPECTOR Stephanie J.Fischer Michael J.Izzo David M.Heiser Jason A.Klein NOTICE OF DISAPPROVAL Xiao Che&Zhichao Sun June 18,2021 7 Bayberry Close Rye Brook,New York 10573 Re: Application to legalize rear man-made pond. Dear Xiao Che&Zhichao Sun, The Building Department is in receipt of an application submitted by you to initiate the legalization of a pond constructed in your rear yard. Copies of that application, survey,and all other materials submitted by you are attached hereto for your convenience. I have also attached a portion of the Arbors Approved Subdivision Map showing your property and the neighboring property(s) to the rear. I call your attention to the property survey and to the portion of the subdivision map.Clearly the survey shows that the pond was constructed such that it encroaches across your rear property line.The subdivision map shows that the encroachment enters into property controlled by the Arbors Homeowners Association,and possibly extends into property owned by 242 Tree Top Crescent.Insufficient information was provided to make a definitive determination in this regard. In either case the Building Department cannot approve or permit any construction which encroaches off the subject property without a valid easement or license agreement between you and all other affected parties. To that end,please provide proof of such agreement to the Building Department for review,or modify your application showing the relocation of the pond such that it is entirely on your property,or completely removed from the premises. Sincerely, Michael J. Izzo Building&Fire Inspector mizzo(@ryebrook.ororg cc: Drew Gamils,Esq. Keane&Beane,P.C. The Arbors Homeowner's Association Mike Izzo From: Mike Izzo Sent: Wednesday, July 7, 2021 2:19 PM To: Mickey Mihalczo; Xiao Che; Steven Fews Cc: Drew Gamils; 'Tara Gerardi'; Laura Petersen Subject: RE: Survey Proposal #7 Bayberry Close Dear Mr. Mihalczo, Thank you for the email. Our concern is that the illegal encroaching pond construction at 7 Bayberry Close traverses through HOA property and further encroaches over the HOA property line onto the neighboring property to the rear at 242 Tree Top Crescent. In order to process their application we need authoritative proof that this is not the case. Thank you. ��A?d(T /zzo Building& Fire Inspector Village of Rye Brook,NY (914) 939-0668 From: Mickey Mihalczo<mickey@MJMLandSurveyor.com> Sent:Tuesday,July 6, 2021 11:21 AM To:Xiao Che<xche83@gmail.com>; Mike Izzo<Mlzzo@ryebrook.org>; Steven Fews<SteveFews@ rye brook.org> Subject: Re: Survey Proposal#7 Baybrook Close Good Afternoon, Mike and Steven, What are your requirements for the survey that have not been addressed yet? As for the questions: #1: There is no "stone retaining wall" on the property as shown in the previous survey. There is a pond and waterfall structure in a different area. The line has not changed. #2 :The rear line is the HOA line. Thank you, The Office of Edward G. Mihalczo Land Surveyor, LLC. 24 Berkshire Road Yonkers, New York 10710 (914)476-1453 (914)969-2341 fax Serving Westchester, Rockland, Putnam, Orange and Dutchess Counties. Inquire for other areas in New York State. From:Xiao Che<xche83@email.com> Sent: Monday,July 5,20219:54 PM To: Mike Izzo<mizzo@ryebrook.org>; Steven Fews<SteveFews@ rye brook.org>; Mickey Mihalczo <micke MJMLandSurve or.com> Subject: Re: Survey Proposal#7 Baybrook Close Hi, Mike,Steven, Mickey, I hope you all had a great holiday! Mike and Steven are inspectors from the Building Department of my town, Mickey is the land surveyor that did the survey map for 7 Bayberry Close in June this year. I figured it is probably easier if you could talk/write to each other about what needs to be done for the new survey, instead of me passing words in the middle. The questions Mike and Steven brought up about the new survey last time were: 1.the property line seems different in the new survey compared to the one from several years ago. 2.the town needs HOA property line in the map as well Mike,Steven, please confirm this is correct. Mickey, could you explain to Mike and Steven on question#1? I have attached both the new survey and survey from several years ago for reference. Thanks. Xiao On Jul 2, 2021, at 2:36 PM, Mickey Mihalczo<micke MJMLandSurve or.com>wrote: Does the HOA have any documentation or maps showing the changes? I also do need something in writing from the town outlining their requirements. Otherwise we're going to keep going back and forth on this with them and its going to add up in time and expense. Thank you, The Office of Edward G. Mihalczo Land Surveyor, LLC. 24 Berkshire Road Yonkers, New York 10710 (914)476-1453 (914) 969-2341 fax Serving Westchester, Rockland, Putnam, Orange and Dutchess Counties. Inquire for other areas in New York State. 2 Mike Izzo From: Mike Izzo Sent: Friday,June 18, 2021 1:37 PM To: Xiao Che Cc: Arbors Property Manager; Drew Gamils; 'Tara Gerardi'; Laura Petersen; Steven Fews Subject: 7 Bayberry Close, Legalization of Pond Constructed In Rear Yard Without a Permit Attachments: DENIAL LETTER 6.18.21.pdf Dear Xiao Che, The Building Department is unable to approve your application or process it further. Please see the attached notice for details. Please note that the non-permitted construction of the pond is a violation of Chapter 91 of Village Code and must be addressed as per the instructions provided in the attached notice. Thank you. / ,i 41aell(T /zzo Building& Fire Inspector Village of Rye Brook, NY (914) 939-0668 1 JUN - 2 2021 VILLAGE OF RYE BROOK BUILDING DEPARTMENT Re: ?ciao Che May 27, 2020 7 Bayberry Close Rye Brook, NY 10573 To whom this may concern, Please allow this letter to serve as confirmation that the Agricultural & Grounds committee has reviewed the submitted application by the above named homeowner on behalf of The Arbors Homeowners'Association. At this time,the committee requires a permit from The Village of Rye Brook. This letter confirms that the application thus far has been approved only for submission of completed application to The Village of Rye Brook. Work on the project must not begin until a copy of the VRB permit is presented to the committee. Please feel free to contact manager@arbors-ryebrook.com if you have any further inquiries. Respectfully, Daniel Healy Community Manager The Arbors Homeowners'Association, Inc. 173Y2 Ivy Hill Crescent Rye Brook, NY 10573 914-939-2440 Arborspm@gmail.com U ECE#��e LICENSE AGREEMENT VI AUG -3 2021 BU! NC CEP E gRCCK 11iis Agreement made as of this 20th day of July, 2021, by and been s Horneowncrs Association(the"HOA"or the"Licensor"), a New York not-for-profit Corps ration having an address at 173 y= Ivy Hill Crescent, Rye Brook,New Mork 10573, and Xiao Che and Zhichao Stm, natural persons having an address at 7 Bayberry Close, Rye Brook. New York 10573 (collectively,"Che"or the"Licensee"). MW-REAS, Licensor is the Homeowners Association for the residential dcvclopment located in the Village of Rye Brook and commonly known as The Arbors; and VMEREAS, Licensor owns the common property located al the Arbors (the "Common Property"); WHEREAS, 1.1cm sec is the owner of the Premises known as and located at 7 Bayberry Close,Rye Brook, New York(the"Premises")and bearing Parcel ID No. 129.76-1-86; and WHERFAS, a survey of the Premiscs prepared i y Edward G, Mihalcxo, a licensed land Surveyor dated July 16, 2021 (the "Survey"), attached hereto as Exhibit "A", and certified to Che, depicts the common boundary line between the Premises and the Common Property (the "Common Boundary Line"); and WHEREAS, the Survey depicts an arlific:ial body of luster (the `Pond"), at the Premises, which extends North of the Common Boundary Line and onto the Common Property.;and WHEREAS, the Survey depicts a stone wall and stone sluice (collectively, the "Stone Wall") enclosing dw Pond, all or part or which extends forth of the Common Boundary Line and onto the Common Property(the area of the Pond and the Stone Wall which extends North of the Common Boundary Line and onto the Common Property is hereafter referred to as the "License Area"); WHEREAS,the photograph annexed hereto as Exhibit"B"depicts, in whole or part, the Pond,the Stone Wall and the License Area; and WHEREAS, Licenser has submitted an application (the "Application'') dated June 2, 2021 to the Village of Rye Brook Building & Fire Inspector for the purpose of, inter alia, receiving an Exterior Building Permit; and WHEREAS, the Building Inspector, by letter dated June 19, 2021 issued a "Notice of Disapproval"of the Application(the'Notice"); and WHEREAS, the Notice stated, in part that "[c]karly the survey slows that the [P]ond was constructed such that it encroaches across your rear property line. The subdivision rnap shows that the encroacluneent enters into property controlled by the [AssociatioT];and WHEREAS, Licensor is willing to grant a license to Licensee to enable Licensee to submit an application to the Village to "legalize" the fond and to receive an Exterior Building Permit,which is beneficial to Licensee. NOW, THEREFORE, in consideration of the sum of one dollar by each of the parties hereto,the receipt of which is acknowledged, the parties hereto agree as follows: 1_ Licensor does hereby grant unto Liccn-wx a license to enter the License Arca and hereby grants the Licensee a license for maintaining the Fond, the Stone Woll and the License Area. The Licensee also agrees not to erect any improvement,change grade or perform any work in the License Arca which Will interfere with the Association's enjoyment of the Lieonsc Area, The Licensee further understands that the Licensor owns the License Area as depicted on the 3urvcy attai;nca nerew ana that the uccnsor lias cxclosi•v duminkm and control over suld Subject Property subject to the terms herein. 2 2. Licensor rewrves dw right to terminate this Agreement an thirty('30")days-written notice to i..isenwe. Upon such termination, Licensee will promptly rernom all of its equipment and improvements and restore the license Area to its original condition. 3. Licensw sludl indemnify and hold Licensor harmless againm any claim of liability or loss fmm personal injury or property damage resulting frown or arising out of the negligence or willful misconduct of tho Licensee, its employees, contractors, sub-liconseos or agents. The Licensor shall secure, at all times during the progress of any work by Licensee with respect to the License Area, insurancc in amunus as specified below. Licensce shall ensure that its suppliers and contractors obtain substantially the same insurance with substantially the sarne limits as required by Licensee. Licensor shall name Licensor as an additional insured on all such policies and shall pmvide proof of said insurance to Licensor. a) Workers compensation insurance in compliance with the la-rs of the State of New York; b) Commercial genend liability insurance in the umount of not less than$1,000,000.00 per occurrence and $3.000,000.00 In the aggregate, insuring Licensee agairtst liability for injury to persons (including death) and injury or desttwtion arising out of anywork performed by Licensee(without regard to the negligence or breach of any duty by Lim um or Licensor). c) Excess Liability Coverage. Licensee shall maintain excess liability coverage of $5,000,000 (an "umbrella policy"). The umbrella police shall name Licensor, its officers, directors, and employees as additional inttwreds on a non-contributory basis for 3 all such coverage. Such coverage shall cover, without limitation, occurrences relating to or tnising 1rotn any snow or weather related harms and perils. d) Commercial automobile liability insurance covering all owned(Wappiicablc),non-owned and hired vehicles in the amount of$2,000,000 each accident. e) Liccrisce. for itself and for all those t'umishing labor or materials to or through the Licensee(herein collectively"Sublicenxes"). herebry agrees that in any insurance policy procured by Licensee and Sublicensees on their very own account. as the case may be. relative to any risk, no matter what the risk may be.the policy will Lontuin a %vaiver ofany right of subrogation by the insurance carrier against O«Tner. itsrespective agents.officcrs. senarttsand employees. f) Upon request, an appropriate certificatc or certificates or such insurance (or endorsements) shall be furnished by the Licensee to the Licensor. prior to the cotmuenceanent of its %vork under this Agmemcnt which shall give the particulars of such insurance coverage. g)The insurance policies shall provide that all notiCLa by Qtc insurer to the insured shall simultaneously be given to the 0%;vner and that unless such notice is given, any purported cancellation will be ineffective. 4. 'nis Agreement may not be sold,assigned or Iransferred by Licensee. 5. This Agreement may not be recorded by Licensee and any recording. or attempted rewraing,shad renaer eels I.1cense void and or no force and efrec:t. G. All notices hereunder must be in writing and shall be sent certified mail, return receipt requested. to: 4 Licensor: The Arbors Homeowners Association,Inc. 173 'h Ivy Hill Crescent Stye Brook.NY 10573 Attn: Property Manager And via e-mail to arborspm@gmail.com With a copy to: David Gelfaurb, Esq. Moss& Kalish,PLLC 122 E.42n°Street Suite 2100 New York,NY 10168 And vita et-mail to:gelfarb@mosskalisir.com Liewsee: Xia Che&Zhicao Sun 7 Bayberry Close Rye Brook,New York 10573 And via a-moil to xche83@gmail.coni With a copy to: Harry C. Kaufman. Esq. 119 North Bedford Road Suite 100 Mount Kisco, New York 10549 And via e-mail to 114ay Ft.hukatjFmjjnis%r.tujn This Agreement may be signed in two or more counterparts, each of which shall be domed an original but all which shall be deemed one and the same agreement. [SIGNATURES ON FOLLOWING PAGE1 5 IN WITNESS WHERk.OI",this Agroement has been duly executed by the parties hereto the day and year first above written. THE ARBORS HOMEOWNERS ASSOCIATION. INC. ray. OA46%:::� Ba li-Title. 4404 pK,• IAO CHE LHICHAO SUN Low A Moww Pubhc Stsro'0$ftw no 6010778 A' 8HAii1 A1EUI.Lt) on u Natpry PabAo,ftte of t+tg*Vxk No.41 Mel tC•® ` } OuelnW to W"tet"tu Coex* Ekntroe�imnumrA 29 2nip �. Z.\.�c\►�aey Sw` 6 STATE OF NEW YORK ) Sri.. COUNTY OF WESTCHESTER ) On the -,ni_T day of in the year 2021 before me. the undersigned, personate) appeared ©anisI Sarnell, personalty known to me ar proved to me on the basis of satisfactory evidence to be the Individual whose Ranee Is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his Signature on the Instrument, the individual, or the person upon behalf of vdui the individual acted, executed the instrument. Notary LOIS A GOROLN ubhc State of NOW" _ _ _ Na 501071$ Ouslrf ed in wasichesier Notary Put>iicrnlasjOn E+tpirn April 6, , STATE OF NEW YORK COUNTY OF WESTCHESTER , On the 22 duy of July in me year 2021 before me, the undersigned, personally appeared Xiav Che and Zhichao Sun, personally known to ma or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknovAodgecl to me that they exQculed the same in their cspacllles, and that by their signatures on the instrument,the individuals,or the person upon behalf of w tich the individuals acted. executed the Instrument SHARI 6.x>=AL0 Notuy Pvb'io,Stets 51 NMy ltl* No.n1h5EGt;;�CF,3 ovi 111M 11 WONIC,'MM court/ Cammla�1o11 trader.i�wa=y�. . 7 EXHIBIT A AS ShOWN ON O c.SL-I C h a m Ir e r-.f roper-k- 1,�4vte WMA7ED a .ar �'3 1 Ca c9 rt M- P R Ir Vs.CW-5 FILED IN TM COUNTY CLERICS OFF1Cr :'APO Q rd 1 PREPARED BY � 1 LAND'SURVEVOR LLC 21 BER>C*KW RQAD VONKER$,NEW YORK 10710 rMI��YA�r041g1��a1 t^0711t OA 1111a �1 T-._;.__�• fM4)476140(914)209-2311 FAX ,o.^r.awrrrwa.uwwwar.y nrwwra�wwwrwwouw �uMarrv�r pip L rrearmm"m Mlru� �r��rwlY4rf/ws,+�w,.I�rmr . i we wiri s � p���e wAwarww®LAW AyllYtYOalit E �ArrewAAurwr°ia r�Corr f►AT�utBrM• r �ru�r aAn:, [ti�Y 112. �,_� rwuwwo!R �iiio wwAs ' e�rr� arrrmuo � wrA�rn+o�wrrwnrnrwwp I� �w+r�rAr�+nw.crc.w i�w�7awV*�. . ttE � r'd o.o,jr � y :moo ..o.. �Aw44 le a � 3 . • t loco � d U ovi�r 4- To Gnu Z}IIP�` Lt r. t-N.A.';XHIBIT B 40. ems. 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