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HomeMy WebLinkAboutCertified Resolution Garrage 2022 On a motion made by Trustee Heiser and seconded by Trustee Fischer,the following resolution was adopted. RESOLUTION CONSIDERING APPROVING RENEWAL OF A SPECIAL PERMIT FOR A ONE CAR GARAGE AT 1100 KING STREET WHEREAS, on April 24, 2012 the Village of Rye Brook Board of Trustees adopted a resolution approving applications by Reckson Operating Partnership,LP,property owner, for a special permit and site plan amendment for the construction of a one car garage on the north side of an existing parking lot at Reckson Executive Park on property located at 1100 King Street,designated as Section 124.81, Block 1, Lot I on the Town of Rye Tax Map and located in the OB-1 Zoning District and Scenic Roads Overlay District;and WHEREAS, pursuant to the terms and conditions of the Resolution the Special Permit was valid for a period of 5 years following the date of the Resolution and may be renewed by the Board of Trustees upon written request, provided the applicable special permit standard are satisfied;and WHEREAS,the Special Permit had an expiration date of April 24,2017;and WHEREAS,on March 30,2017 the Village received a letter dated March 29,2017 from Anthony B. Gioffre, Esq., Cuddy & Feder LLP, submitted on behalf of Reckson Operating Partnership, L.P.,requesting renewal of the previously issued Special Permit; and WHEREAS, on April 12, 2017 the Rye Brook Board of Trustees approved the special permit request for 5 years with an expiration date of April 12,2022;and WHEREAS, on July 17, 2018 the premises was acquired from Reckson Operating Partnership by 1 100 King Associates;and WHEREAS, on February 14, 2022 the Village received a letter from Cuddy & Feder LLP on behalf of 1 100 King Associates requesting a special permit renewal application for a ten year period due to expire April 26 2032;and WHEREAS, the proposed action is a Type I1 action pursuant to the New York State Environmental Quality Review Act (SEQRA) and therefore no SEQRA review is required;and WHEREAS,the Village Code does not require a public hearing for a request to renew a Special Permit;and WHEREAS,the Board of Trustees has considered the special permit standards set forth at Village Code §§ 250-6(H)(1)(c)(1) and 250-6(Hxl)(c)(4) to determine whether the existing use continues to satisfy the special permit standards;and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the application. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby finds that the existing one-car garage at 1100 King Street continues to satisfy the special permit standards referenced herein and grants the requested renewal of the Special Permit for the existing use for a term of ten years commencing as of the date of this Resolution, subject to the following conditions: 1. A fire suppression system in conformance with Chapter 212 of the Village Code shall continue to be inspected and maintained for the one-car garage; and 2. The Special Permit may be further renewed at the expiration of this renewal term upon written request provided the applicable special permit standards are satisfied;and 3. The one car garage should only be used to store one vehicle,and should not be used to store any supplies,equipment,or chemicals. BE IT FURTHER RESOLVED,that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. TRUSTEE EPSTEIN AYE TRUSTEE FISCHER AYE TRUSTEE HEISER AYE TRUSTEE MORLINO AYE MAYOR KLEIN AYE State of New Yortchk County of Wesester ss: Village of Rye Brook I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye Brook which was duly passed by said Board on April 26,2022 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the Village of Rye Brook,this 27th day of April 2022 V Village 1 i ' 445 Hamilton Avenue,14th Floor U D DY White Plains,New York 10601 r 914 7611300 +FEDER F9147615372 LLP cuddyfeder.com William S.Null,Esq. wnullocuddyfeder.com 04/o8/2022 VIA EMAIL&FEDERAL EXPRESS Mayor Paul S. Rosenberg D �(C E`- #V -a and Members of the Board of Trustees Village of Rye Brook Offices APR f 938 King Street ��?? VILLAGE OF c Rye Brook,NY 10573 BUILDING DEp SHOOK Re: Request for Extension of Special Permit for One-Car Garage �'RTMENT Section 124.81, Block 1, Lot 1 Premises: noo King Street, Rye Brook,New York Dear Mayor Rosenberg and Members of the Board of Trustees: On behalf of iioo King Associates LLC ("iioo King Associates"), the owner of the Premises we respectfully submit this letter in response to a February 25, 2022 email from Michael J. Izzo, Building&Fire Inspector for the Village of Rye Brook requesting additional information. (A copy of Mr.Izzo's email is enclosed). Please be advised that on July 17, 2018, the Premises was acquired from Reckson Operating Partnership , L.P. by iioo King Associates. (A copy of the Deed to the Premises is enclosed for your records). iioo King Associates intends to use the detached garage for the same purposes as the prior owner: a single vehicle garage.The vehicle currently occupying the garage is used for on- site maintenance activities. The detached garage is equipped with a dry-chemical fire suppression system, which has been inspected recently.We respectfully submit a report issued by Encore Fire Protection,dated March 10, 2022,which confirms the fire suppression system"passed"the inspection. Should the Board or Village Staff have any questions or comments in the interim, please do not hesitate to contact me. Thank you for your consideration and courtesy in this matter. Respectfu s illi 11 Enclosur cc: 1 Ir. Michael J. Izzo, Building&Fire Inspector; and Messrs. Karl Mittermayr and Justin Winiarz, noo King Associates, LLC WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 5179614.vI Null, William From: Mike Izzo <Mlzzo@ryebrook.org> Sent: Friday, February 25, 2022 12:33 PM To: Null, William Cc: Christopher Bradbury;Tanyia Summa; Drew Gamils Subject: 1100 King Street Special Use Permit Renewal Attachments: 2-18-22 Submisson to BOT Request for Special Permit -1100 King Street(5125751.1).pdf; Copy of check_Special permit renewal fee(5125759.1).pdf Dear Mr. Null, The Building Department is in receipt of an application package and fee submitted for the subject property on behalf of the current property owner, 1100 King Associates for an extension to a Special Use Permit for a one- car detached garage located on the subject property just north of Building 5,aka 5 International Drive. Copies of the submitted information are attached hereto for your convenience. Building Department records indicate that the subject Special Use Permit was originally issued to the former property owners, Reckson Operating Partnership LLC on April 24, 2012, and subsequently renewed upon approval from the Village Board of Trustees on April 19, 2017. To further process your application please provide the following information: 1. Special Use Permits that run with the property can be transferred to new owners when properties change hands if the use is the same under the new property owner as it was under the former. Please amend your narrative to include information regarding the specific use of the detached garage under the former property owner, and the specific intended use under the current property owner. 2. Building Department files indicate that the subject detached garage is equipped with a dry-chemical fire suppression system which requires regular maintenance and testing in accordance with NFPA 17. Please provide copies of all records of inspection, maintenance,and testing of the dry-chemical fire suppression system to the Building Department for review. Thank you. llfflc�ad(7, /zzo Building& Fire Inspector Village of Rye Brook, NY (914)939-0668 1 The Office in the Westchester County Clerk:This page is part of the instrument;the County Clerk will 11111111�� 11111�1� III��� 1111��l II 11�� 111111 II rely on the information provided on this page for purposes of indexing this instrument. To the best of ,submitter's knowledge,the information contained on this Recording and Endorsement Cover Page is consistent with the information contained in the attached document. *581 71 31 30DED001 T* Westchester County Recording & Endorsement Page Submitter Information Name: FIDELITY NATIONAL TITLE INSURANCE COMPAN` Phone: 212-471-3757 Address 1: 485 Lexington Avenue Fax: 212-481-5996 Address 2: 18th Floor Email: FNTRECORDINGS@FNF.COM City/State/Zip: New York NY 10017 Reference for Submitter: 50717-W(Deed) Document Details Control Number: 581713130 Document Type: Deed(DED) Package ID: 2018062000060001003 Document Page Count: 8 Total Page Count: 10 Parties 11 Additional Parties on Continuation page 1st PARTY 2nd PARTY 1: RECKSON OPERATING PARTNERSHIP LP -Other 1: 1100 KING ASSOC LLC -Other 2: 2: Property a Additional Properties on Continuation page Street Address: 1100 KING STREET Tax Designation: 124.82-1-1 City/Town: RYE TOWN Village: RYE BROOK Cross-References Additional Cross-Refs on Continuation page 1: 2: 3: 4: Supporting Documents 1: RP-5217 2: TP-584 Recording Fees Mortgage Taxes Statutory Recording Fee: $40.00 Document Date: Page Fee: $45.00 Mortgage Amount: Cross-Reference Fee: $0.00 Mortgage Affidavit Filing Fee: $0.00 Basic: $0.00 RP-5217 Filing Fee: $250.00 Westchester: $0.00 TP-584 Filing Fee: $5.00 Additional: $0.00 MTA: $0.00 Total Recording Fees Paid: $340.00 Special: $0.00 Transfer Taxes Yonkers: $0.00 Consideration: $54,400,000.00 Total Mortgage Tax: $0.00 Transfer Tax: $217,600.00 Mansion Tax: $0.00 Dwelling Type: Exempt: ❑ Transfer Tax Number: 1073 Serial#: RECORDED IN THE OFFICE OF THE WESTCHESTER COUNTY CLERK Record and Return To 11wR C Recorded: 06/20/2018 at 11:53 AM ❑ Pick-up at County Cleric's office e, . Control Number: 581713130 ,'y Witness my hand and official seal SE p,V FIDELITY NATIONAL TITLE INSURANCE COMPANY 485 Lexington Avenue 18th Floor Timothy C.ldoni Westchester County Clerk New York, NY 10017 Attn: KAT LAM The Office of the Westchester County Clerk-This page is part of the instrument;the County Clerk will rely on the information provided on this page for purposes of indexing this instrument. To the best of submitters knowledge,the information contained on this Recording and Endorsement Cover Page is consistent with the information contained in the attached document. *581713130DED001 T' Westchester County Recording & Endorsement Page Document Details Control Number: 581713130 Document Type: Deed(DED) Package ID: 2018062000060001003 Document Page Count: 8 Total Page Count: 10 Properties Addendum 1100 KING STREET 10573 RYE TOWN RYE BROOK 124.81 1 1 1 BARGAIN AND SALE DEED WITHOUT COVENANT AGAINST GRANTOR'S ACTS THIS INDENTURE, dated as of July 17, 2018, between RECKSON OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an office c/o SL Green Realty Corp.,420 Lexington Avenue,New York,New York 10170 ("Grantor'),and 1100 KING ASSOCIATES LLC , a Delaware limited liability company, having an office at 200 Madison Avenue,24`h Floor,New York, New York 10016 ("Grantee"). WITNESSETH,that Grantor in consideration of the sum of Ten Dollars($10.00), and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged by Grantor,does hereby grant and release and assign forever unto Grantee, and the heirs or successors and assigns of Grantee,all those certain plots,pieces or parcels of land commonly known as Reckson Executive Office Park, and located in the Village of Rye Brook, County of Westchester and State of New York, as more particularly bounded and described in Exhibit A attached hereto and made a part hereof(the"Land"); TOGETHER with the building(s) now located or hereafter erected on the Land (the"Building")and any and all other fixtures and improvements now located or hereafter erected on the Land(the Building and such other fixtures and improvements being hereinafter collectively referred to as the"Improvements"); TOGETHER with all right, title and interest, if any, of Grantor in and to the land lying in the bed of any street, highway, road or avenue, opened or proposed, public or private, in front of or adjoining the Land, to the center line thereof, any rights of way, appendages, appurtenances,easements, sidewalks,alleys,gores or strips of land adjoining or appurtenant to the Land and used in conjunction therewith, any development rights appurtenant to the Land and any award or payment made or to be made in lieu of any of the foregoing or any portion thereof and any unpaid award for damage to the Land or any of the Improvements by reason of change of grade or closing of any street,road or avenue, (the foregoing rights,together with the Land and the Improvements being hereinafter referred to,collectively,as the"Premises"); TO HAVE AND TO HOLD the Premises herein granted, or mentioned and intended so to be, unto Grantee, and the heirs, successors and assigns of Grantee, forever. AND Grantor, in compliance with Section 13 of the Lien Law, covenants that Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvements and will apply the same first to the payment of the cost of improvements before using any part of the total of the same or any other purpose. DWI US1:12133561v3 IN WITNESS WHEREOF,Grantor has duly executed this deed the day and year first above written. GRANTOR: RECKSON OPERATING PARTNERSHIP,L.P., a Dela limited partners p By: Name: Andrew S. Levine Title: Executive Vice President [Signature Page to Bargain and Sale Deed] ACKNOWLEDGMENT Within New York: STATE OF NEW YORK ) ss.: COUNTY OF M-e,w On the 2day of July in the year 2018 before me, the undersigned, a Notary Public in and for said State, personally appeared Andrew S. Levine, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity,and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public (SEAL) GRETCHEN REINHAGEN (Votary Public,State of New York No.01RE6309397 Qualified in New York County ComrMssionEVIres Aug.11,20 ff" [Signature Page to Bargain and Sale Deed] EXHIBIT A Legal Description [See allached] Doc# USI.121335610 SCHEDULE A Description ROYAL MCUTTVE PARK Plot I ALL that certain plot, piece or parcel of land, together with the buildings and improvements thereon erected, situate, 1}n'ng and being in the Villages of Rye Brook and Harrison, Towns of Rye and Harrison, Westcheter County and State of New York and partly to the Town of Greenwich, County of Fairfield and State of Connecticut being more particularly bounded and described as follows: BEGINNING at a point on the westerly side of King Street distant South 19 degrees 22 minutes Bast 163.67 feet, South 8 degrees 03 minutes 30 seconds East 10.20 feet, South 18 degrees 50 minutes 55 seconds Fast 33.71 feet, southerlyon a curve to the left having a radius of 1600.00 feet a distance of 356.44 feet, South 31 degrees 36mmutes 45 seconds East 50.16 feet and southerly on a curve to the left , having a radius of 1600.00 feet a distance of 2.6 feet as measured along.the same from the southerly line of of lands now or formeriy of HIM REALTY CORPORATION; RUNNING THENCE from said point of beginning Westerly through lands now or formerly of Royal' Executive Park along the north line of the access drive 420.30 feet alonb the arc of a circle curving to the right with a radius of 2,008.24 feet and South 69 degrees 51 minutes ;West 72.00 feet to a point; RUNNING THENCE still westerly through lands of Royal Executive Park, South 68 degyees 21 minutes 23 seconds West 540.60 feet, 309.81 feet along the are of a circle curving left with a radius of 341.36 feet and South 16 degrees 21 minutes 23 seconds West 9.66 feet to a point; RUNNING THENCE southerly along, the division line between Royal Executive Park I and Royal Facecutive Park III, South 73 degrees 33 minutes East 61.36 feet; 264.07 feet along the arc of a circle carving to the right with a radius of 600.00 feet; South 48 degrees 20 minutes East 295.00 feet; 404.92 feet along the arc of a circle curving to the left with a radius of 800.00 feet and South 77 degrees 20 minutes East 215.99 feet to a point on the division line between lands of Royal Executive Park I and lands of Matin Realty, Inc. * RUNNING THENCE Easterly along said division line, North 68 degrees 50 minutes East 567.60 feet to a point; ! 'THENCE RUNNING North 21 degrees 53 minutes West 440.00 feet and North 54 degrees 06 minutes Fast 148.98.feet to the westerly side of King StrW and; THENCE northerly along the same North 45 degrees 19 minutes 07 seconds West 133.43 feet; North 42 degrees 50 minutes 10 seconds West 223.32 feet and along a curve to the tight haying a radius of 1600.00 I feet a distance of 310.82 feet to the point and place of beginning. *x TOGETHER with the easements denoted as "Storm Drain Easements", "Water Main Fasemenu," "AocesS Drive Easement," 'Sanitary Sewer Easement Section B-1", "Sanitary Sewer Easement Section B-n" reserved in a cent in deed from Royal Executive Park 1 to Royal Executive Park I1 dated 2I29/84 and recorded 3l2194 in Fiber 7904 cp 510. *RUNNING THENCE Easterly along said division line, NORTH 78 degrees 40 minutes 00. seconds East 24.00 feet to •a point; *A EXCEPTING AND EXCLUDING THEREFROM so much of the ab6vedescribed premise chae3ule A lies within the State of Connecticut. I I TOGETHER WMi THE BENEFITS AND SUBJECT TO THE BURDENS OF A CERTAIN "Grant of Easement" between Royal Executive Park I and Royal Executive Park II dated 12J17186 and recorded 1/13/87 in Liber 8700 cp 262; TOGETHER WITH THE BENEFITS AND SUBJECT TO THE BURDENS OF A CERTAIN "Reciprocal ` Easement Agg=�mcnt" between Royal Execudve Park I, Royal Executive Park 11 and Royal Executive Park III dated 12f18/86 recorded 1113/87 in Liber 8700 cp 223. Schedule A v L YAL F-XF2QMVR_kARK II• Plot H ALL that certain plot, piece or parcel of land, together with the buildings and improvements thereon erected, situate, lying and being to the Villages of Rye Brook and Harrison, Towns of Rye and Harrison, Westchester County and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the west line of King Street, said point beingg the intersection of the division line between lands of Royal Executive Park and lands now or formerly of.Hipo Realty Corporation with the west line of King Street; RUNNING THENCE southerly along the west line of King Street South 19 degrees 22 minutes East 163.67 feet, South 8 degrees 03 minutes 30 seconds East 10.20 feet South 18 degrees 50 minutes 55 seconds East 33.71 feet on a curve to the left having a radius of 1600.00 feet a distance of 356.44 feet; South 31 degrees 39 minutes 45 seconds Fast 50.16 feet and on a curve to the left having a radiu3 of 1600,00 feet a distance of 2.6 feet to a point; Y RUNNING THENCE westerly through lands now or formerly of Royal Executive Park along the north line of the access drive 420.30 feet along the arc of a circle curving to the right with a radius of 2,008.24 feet and South 69 degrees 51 minutes West 72.00 feet to a point; RUNNING THENCE still westerly through lands of Royal Executive Parts, South 68 degrees 21 minutes 23 seconds West 540.60 feet, 309.81 feet along the arc of a circle curving to the left with a radius of 341.36 feet and South 16 degrees 21 minutes 23 seconds West 5.49 feet to a point; THENCE RUNNING North 23 degrees 49 minutes 06 seconds West 632.37 feet to a point; RUNNING THENCE easterly along the division line between land now or formerly of Royal Executive Park and lands now or formerly of Iitpo Realty Corporation North 53 degrees 24 minutes Fast 257.38 feet, Notch 52 degrees 18 minutes East 233.00 feet, North & degrees 20 minute East 26.00 feet and North 67 degrees 34 minutes East 801.60 feet to the point and place of beginning. TOGETHER with the 'Water Main Easement", "Access Drive Easement", " Sanitary Sewer Easement- Section A-I", and "Sanitary Sewer Easement - Secion A-II" as set forth in a certain deed from Royal Executive Park I to Royal Executive Park II dated 2/29/84 and recorded 3/2/84 in Liber 7904 cp 510. TOGETHER with the easements denoted as "Storm Drain Easement," "Water Main Easemen!' ent es A, Easement B}, 'Ax Drive Easement", "Sanitary Sewer Easement -Section B-I% "Electri Conduit Easement" and "Sprinkler System Easement" reserved in a certain deed from Royal Executive Park II to Royal Executive Park III dated 12/18/86 and recorded 1/13187.in Liber 8701 cp 6. TOGETHER WITH THE BENEFITS AND SUB.TE.CI' TO THE BURDENS OF A CERTAIN 'Grant of Easement" between Royal Executive Park I and Royal Executive Park II dared 12/17/86 and recorded 1/13/8'/ in Liber 8700 cp 262 TOGETI-IER WITH THE BENEFITS AND SUBJF= TO THE BURDENS OF A CERTAIN 'Reciprocal Easement Agreement" between Royal Executive Park I, Royal Executive Park II and Royal Executive Park III dated 12 18/86 recorded 1/13/87 in Liber 8700 cp 223. Schedule A BARGAIN AND SALE DEED WITHOUT COVENANT AGAINST GRANTOR'S ACTS RECKSON OPERATING PARTNERSHIP, L.P. TO 1100 KING ASSOCIATES LLC Sections: 124.81 and 124.82 Block: 1 Lot: 1 County: Westchester Address: 1100 King Street aka 1-6 International Drive Rye Brook,New York RECORD AND RETURN TO: 1100 King Associates LLC c/o George Comfort & Sons, Inc. 200 Madison Avenue New York,New York, 10016 Attention: Mr. Peter S. Duncan Doc# US1:121335610 Date: 2022-03-10 encoreLocation Nam 0 King Street Building#5 Garage FIRE PROTECTION LocationStre D E(CED V rnational Drive City/State/Zi : ok, NY, 10573 35 Philmack Drive,Middletown,CT Primary Con act: APR � ' 24?2 Larry Christ T:800.966.0000 I www.encorefireprotection.com Job Numbe : V!L 24502124 BUlLDGNG OF DBRAR BROOK KITCHEN FIRE SUPPRESSION SYST T SYSTEM INFORMATION System Location System Manufacturer System Model Control Head Garage Amerex Amerex KP/ZD Amerex Notifications have been made to the following parties prior to testing. Building Management,Building Occupants,Fire Department ResultFusible Links Fusible Links Style ML Qty 165 Degree Link 2 Cylinders Number of Cylinder(s):1 Size Test Year Due for Hydrostatic Testing Cylinder 1 Other 2012 No General System Information Result What is the Total Flow Point Capacity of the system? 4 How many Flow Points are currently available on the system? 2 Duct Size(a x b) 0 Hood Dimension(Length x Depth) 20' Fuel Sources that are present Electric Valve Shut-off Type Electric Valve Shut-Off Size(in.) Appliances Left to Right Garage INSPECTION TEST Appliances properly covered w/correct nozzles Yes Nozzle caps/seals in place Yes Duct&plenum properly covered w/correct nozzles Yes Replaced fusible links/tested heat detectors Yes FIRE ALARMS FIRE SPRINKLERS FIRE SUPPRESSION FIRE EXTINGUISHERS CT:0199117-E1 RI AC-004699 MA 20686-A CT:F1-0011511 RI 416 MA 139242 MA-CR 4674 RI-CR 067 PAGE 1 of 4 2022-03-10 encore FIRE PROTECTION INSPECTION TEST System installed in accordance w/technical manual Yes Control Head reset and cartridge installed Yes Hood&duct penetrations sealed Yes Piping&conduit securely bracketed Yes Hood overhangs appliances by min 6"on side Yes Proper separation between fryers&flame Yes Pressure gauges in proper range Yes Exhaust fan operational Yes Actuation cartridge Type: BFR-AC-L Date: 2012-03-10 Pro per filters present&in place Yes Cylinder properly secured Yes Fuel shut-off in normal position N/A Actuation line functional Yes Manual actuation tamper seals in place Yes Remote pull station functional Yes Fan warning signage on hood Yes System is connected to building Fire Alarm Portable extinguishers in proper location Yes System Equipped w/electric shutoff Yes Portable extinguishers properly serviced Yes Equipment meets current standard UL300 Yes System Passes Inspection Pass FIRE ALARMS FIRE SPRINKLERS FIRE SUPPRESSION FIRE EXTINGUISHERS CT:0199117-E1 RI AC-004699 MA 20686-A CT:F1-0011511 RI 416 MA 139242 MA-CR 4674 RI-CR 067 PAGE 2 of 4 2022-03-10 encore FIRE PROTECTION MATERIALS USED AT TIME OF INSPECTION #of Links Replaced #of Caps Replaced 2 0 INSPECTION COMMENTS: Horn strobe outside of building only flashes very weak and stroke due to weather DEFICIENCIES DeficiencyKitchen Suppression Location Description Severity Status ACCEPTANCE OF CUSTOMER OR CUSTOMER'S REPRESENTATIVE: Customer ACKNOWLEDGES AND AGREESTO THE TERMS AND CONDITIONS ON NEXT PAGE: Customer also acknowledges that the services have been completed to Customer's satisfaction and the system/equipment has been left in service with the conditions noted in both this report AND the Service Trade work acknowledgement Customer: Encore Fire Protection: Customer will be signing the work acknowledgement which will have Authorized Signature: this report attached Technician Signature: Print Name Here: Print Name Here: Ken Warren FIRE ALARMS FIRE SPRINKLERS FIRE SUPPRESSION FIRE EXTINGUISHERS CT:0199117-E1 RI AC-004699 MA 20686-A CT:F1-0011511 RI 416 MA 139242 MA-CR 4674 RI-CR 007 PAGE 3 of 4 2022-03-10 TERMS AND CONDITIONS: from any and all third-party claims for personal injury,and/or property damage SCOPE OF WORK: arising from the CUSTOMER's failure to maintain FIRE SYSTEM(S)and to keep such Unless otherwise specified,Encore Fire Protection's,hereinafter"ENCORE,"scope of in operative condition,whether such claims are based upon contract,warranty, work is limited to accessible devices and system components:those where access can tort,strict liability,or otherwise.It is the sole responsibility of the CUSTOMER to be obtained without restriction at the scheduled time of visit,and does not exceed notify their property insurance carrier of any suspension and/or shutdown in heights reachable with a 6'ladder. service of any FIRE SYSTEM(S).The CUSTOMER agrees to hold ENCORE harmless RESPONSIBILITY OF THE CUSTOMER: from any and all losses excluded by any Protective Safeguards Endorsement in It is the responsibility of the CUSTOMER(such term herein includes all employees, ENCORE's insurance polity. agents and representatives of CUSTOMER)to: STATE CODES/INDUSTRY STANDARDS • Properly maintain all fire safety systems,hereinafter"FIRE SYSTEM(S),"including CUSTOMER is ultimately responsible for the operation and maintenance of all FIRE but not limited to fire sprinkler,fire alarm,fire suppression systems and/or fire SYSTEM(S)in compliance with the applicable Federal,State and/or Local standards extinguishers,by means of periodic inspections,testing and maintenance,which and codes. ENCORE has made the CUSTOMER aware of the existence of such shall show the FIRE SYSTEM(S)t0 be in good operating condition and/or reveal any requirements as set forth by NFPA,and/or state codes, and/or local regulations defects or impairments. where applicable. CUSTOMER acknowledges that it has selected and authorized • Promptly correct or repair deficiencies noted, damaged parts, or impairments only the services and service level set forth in the Agreement,regardless of whether found while performing the inspection and testing of FIRE SYSTEM(S).Corrections such services or service level meets or does not meet applicable requirements. and repairs shall be performed by qualified personnel. CUSTOMER shall advise ENCORE prior to the time of the scheduled appointment of the presence or possible presence of any hazardous materials at the site or location • Know the location of all extinguishers and FIRE SYSTEM components including but at which ENCORE is to provide any services. not limited to:low points,valves includingthose above ceiling,and auxiliary drains PERFORMANCE OF WORK AND ACCESS in attics and/or crawl spaces. Unless otherwise specified,work performed by ENCORE will be completed Monday • Notify all parties that may be affected by alarms initiated during inspection,repair, through Friday between 7:OOam—4:OOpm,excluding holidays.Any work that is service, maintenance or installation including but not limited to employees, required to be done outside the hours noted above may result in additional cost to building occupants, the fire alarm monitoring service, and authorities having the CUSTOMER. CUSTOMER shall provide ENCORE with full and free access to the jurisdiction. FIRE SYSTEM(S)to perform necessary work. If the nature of the work requires, • Manage the disposal of any water released during tests. CUSTOMER shall provide ENCORE with access to all spaces containing FIRE • Insure the safety and security of the site or location where the FIRE SYSTEM(S)are SYSTEM(S)equipment and one(1)qualified person to assist ENCORE when the FIRE located and at which ENCORE will provide services. SYSTEM(S)interface with other building systems. • Maintain the FIRE SYSTEM(S),including but not limited to checking and draining low IF ENCORE IS NOT PROVIDED FULL AND FREE ACCESS TO THE FIRE SYSTEM(S)AFTER CONFIRMATION OF APPOINTMENT, VERIFIED WITH CUSTOMER THROUGH points and drum drips,maintaining adequate heat,maintaining proper levels of TELEPHONE OR E-MAIL,AN ADDITIONAL FEE EQUAL TO 1 HOUR MINIMUM UP TO lubricant,ensuring FIRE SYSTEM(S)are on-line and operating,and executing on 4 HOURS MAXIMUM WILL BE CHARGED TO COMPENSATE FOR DELAYS IN ENCORE'S regular maintenance and alterations, repairs or replacement of faulty system ABILITY TO START AND/OR COMPLETE THE INSPECTION, REPAIR, SERVICE, components as necessary. MAINTENANCE OR INSTALLATION WORKTO BE PERFORMED.THE LABOR RATE WILL • Have as-built system drawings available on site to assist the technician in BE CHARGED AT ENCORE'S THEN CURRENT SERVICE RATE, UNLESS OTHERWISE identifying FIRE SYSTEM components so that they can be properly located. SPECIFIED. CUSTOMER is responsible for identifying FIRE SYSTEM(5)locations. MAINTENANCE,REPAIRS,ALTERATIONS,AND REPLACEMENTS • Unless otherwise specified,pay all applicable local,state and federal taxes,license The scope of work and related pricing provided for in the Agreement, unless and permit fees, assessments, and other charges in connection with the FIRE specifically noted otherwise, does not include any maintenance, repairs, SYSTEM(S). alterations,and replacement of parts or any field adjustments. • Unless otherwise specified, pay any additional costs associated with the Should any repairs, alterations, replacement of parts or field adjustments be inspection,repair,service,maintenance or installation by ENCORE,including costs requested by CUSTOMER there will be an additional charge.ENCORE shall furnish associated with fire department or other authorities having jurisdiction,rental of the CUSTOMER with an estimate before any additional work is performed. lift trucks or other equipment required to gain access to inaccessible FIRE SYSTEM ENCORE shall not be responsible or liable to CUSTOMER or any third party in any manner in the event that CUSTOMER declines ENCORE's recommendations for components,and/or maintenance of dedicated phone lines. alterations, repairs or replacement of faulty system components. REPORTS CUSTOMER shall be solely responsible for keeping the FIRE SYSTEM(S) in good The inspection and/or test shall be completed on ENCORE's then current Report operating condition at all times.Final responsibility for the condition and operation of form which shall be given to the CUSTOMER, with a copy, if required, to the the FIRE SYSTEM(S)is with the CUSTOMER.This includes compliance with all laws, authority having jurisdiction. codes and regulations pertainingto the FIRE SYSTEM(S)and/or scope ofwork provided The report and recommendations by ENCORE are only advisory in nature and are by ENCORE. intended to assist CUSTOMER in reducing the possibility of loss to property by WARRANTY AND LIABILITY indicating obvious defects or impairments noted to the FIRE SYSTEM(S) which UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN, ENCORE MAKES NO require prompt consideration.They are not intended to imply that all other defects WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, or hazards have been identified or that no others exist,or that all aspects of the WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A FIRE SYSTEMS and equipment are in operating condition at the time of inspection. PARTICULAR PURPOSE.No representations made by an employee,agent or Final responsibility for the condition and operation of the FIRE SYSTEM(S)lies with representative of ENCORE shall constitute a warranty by ENCORE or give rise to the CUSTOMER. any liability or obligation. ADDITIONAL EQUIPMENT CUSTOMER AGREES THAT ENCORE 15 NOT AN INSURER.ENCORE's liability to the In the event additional equipment is installed after the date of the Agreement,the CUSTOMER or any of their affiliates, representatives or assigns for personal injury, annual inspection charge shall be increased in accordance with ENCORE's prevailing and/or property damage arising from the performance of any service, including rates as of the first inspection of such additional equipment. repair,install or inspection,performed by ENCORE shall be limited to the amounts WATER SUPPLY charged CUSTOMER for such service.In the event this Agreement relates to services ENCORE shall not be liable or responsible forthe adequacy or condition of the water provided at multiple CUSTOMER locations,ENCORE'S liability shall be limited to the supply post inspection. amount of charges allocable to the location where the injury or damage occurred. In no event shall ENCORE be liable,and the CUSTOMER assumes all liability,for all special,indirect,incidental,consequential,or liquidated,penal or any economic loss, damages of any character including but not limited to loss of use of the property,lost profits or lost production,whether claimed by the CUSTOMER or by any third party, irrespective of whether claims or actions for such damages are based upon contract, warranty,negligence,tort,strict liability or otherwise. CUSTOMER shall hold ENCORE harmless from any and all claims by CUSTOMER and PAGE 4 of 4 Mike Izzo From: Mike Izzo Sent: Friday, February 25, 2022 12:33 PM To: William S. Null, Esq. Cc: Christopher Bradbury;Tanyia Summa; Drew Gamils Subject: 1100 King Street Special Use Permit Renewal Attachments: 2-18-22 Submisson to BOT Request for Special Permit -1100 King Street(5125751.1).pdf, Copy of check_Special permit renewal fee(5125759.1).pdf Dear Mr. Null, The Building Department is in receipt of an application package and fee submitted for the subject property on behalf of the current property owner, 1100 King Associates for an extension to a Special Use Permit for a one- car detached garage located on the subject property just north of Building 5, aka 5 International Drive. Copies of the submitted information are attached hereto for your convenience. Building Department records indicate that the subject Special Use Permit was originally issued to the former property owners, Reckson Operating Partnership LLC on April 24, 2012, and subsequently renewed upon approval from the Village Board of Trustees on April 19, 2017. To further process your application please provide the following information: 1. Special Use Permits that run with the property can be transferred to new owners when properties change hands if the use is the same under the new property owner as it was under the former. Please amend your narrative to include information regarding the specific use of the detached garage under the former property owner, and the specific intended use under the current property owner. 2. Building Department files indicate that the subject detached garage is equipped with a dry-chemical fire suppression system which requires regular maintenance and testing in accordance with NFPA 17. Please provide copies of all records of inspection, maintenance, and testing of the dry-chemical fire suppression system to the Building Department for review. Thank you. AAWIC7, /ZZO Building & Fire Inspector Village of Rye Brook, NY (914) 939-0668 i RFEB 182022 445 Hamilton Avenue,l4th Floor C U D DY White Plains,New York 10601 VILLAGE OF RYE BROOK T 914 7611300 +FEDER BUILDING DEPARTMENT F 914 761 5372 LLP cuddyfeder.com William S.Null,Esq. wnull0cudd„yfeder.com 02/18/ 2022 VIA HAND DELIVERY Mayor Paul S. Rosenberg and Members of the Board of Trustees Village of Rye Brook Offices 938 King Street Rye Brook,NY 10573 Re: Request for Extension of Special Permit for One-Car Garage Section 124.81, Block 1, Lot 1 Premises: lloo King Street RXe Brook New York Dear Mayor Rosenberg and Members of the Board of Trustees: This letter and enclosed materials are respectfully submitted on behalf of 11oo King Associates LLC ("11oo King Associates") requesting a further extension of a Special Permit for a one-car garage on the property. The Board of Trustees (the"Board") granted the current Special Permit at its April 24,2012 meeting allowing for the construction of a one-car garage on the north side of an existing parking lot at Kingsbrook Office Park located at 11oo King Street (the "Premises"). The Special Permit was valid for five-years and subsequently, on April 12, 2017, the Board renewed the Special Permit for another five-year term, which is set to expire on April 12, 2022. As such, lloo King Associates respectfully requests further renewal of the previously issued Special Permit. In its 2012 Resolution,the Board found that the location,size and character of the one-car garage was in harmony with the appropriate and orderly development of the Campus/Office Building ("OB-1") Zoning District and Scenic Roads Overlay District in which the Premises are situated. Given the garage's nature as a permanent structure,in 2017 the Board found there was no change in circumstances and that the location, size and character of the one-car garage remained in harmony with the appropriate and orderly development of the Zoning District. Copies of the 2012 and 2017 Resolutions are attached for your reference. This Board has previously determined that the one-car garage is compliant with the criteria for special permits in the office building districts, as enumerated in Village Code Section 250- 6(H)(1)(c)(4)(a). Pursuant to the condition set forth in the Resolution and Chapter 212 of the WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 5119953.v3 rCUDDY +F E D E R 02/18/2022 LLP I Page-2- Village Code, a fire suppression system was installed in the garage and there has been no change in circumstances since the granting of the Special Permit in 2012. As such, we ask that this Board grant the renewal of the Special Permit and waive the 5- year limitation to permit the garage to continue, as permitted by N.Y. Village Law § 7-725-b (5) (a Village Board of Trustees may waive requirements of a special use permit when not"requisite in the interest of the public health, safety and welfare or inappropriate to a particular special use permit."). Since the Special Permit is for a permanent structure, the 5-year renewal requirement is not requisite to public health, safety and welfare. Any changes proposed to the one-car garage in the future would require Village review and approval. In the alternative, we request that the Special Permit be renewed for a term of 10-years,given the permanency of the one-car garage. On behalf of 11oo King Associates, we respectfully request that the enclosed fee of $300.00 submitted with this Application be accepted as sufficient and that any balance that would otherwise be imposed be waived. The Village's fee schedule does not identify specifically a fee for such a Special Permit renewal. It does,however,identify Special Permit renewal fees for wireless or home occupation Special Permit renewals that exceed$1,000.00. We respectfully submit that the fees applicable to wireless or home occupation reviews far exceed the amount appropriate for the revie3w of this minor matter,involving extension of a one-car garage.The amount of time and work involved with the review of this Application bears no nexus to the administrative work that fees for a wireless or home occupation are designed to cover. Thus, those fees should not be applicable to this situation, as it is not a brand-new application. The enclosed $300.00 is comparable to similar special permit renewal fees listed in the Village's License and Permit Fee Schedule and is consistent with the special permit renewal fee previously submitted for this matter in 2017. The courts in New York have held that "fees charged ... [should] be [in amounts] reasonably necessary to the accomplishment of the statutory command and the fees should be assessed or estimated on the basis of reliable factual studies or statistics." MetroPCS New York, LLC v. City of Mount Vernon, 739 F. Supp. 2d 409, 425 (S.D.N.Y. 2010) (quoting Jewish Reconstructionist Synagogue of North Shore, Inc. v. Inc. Vill. of Roslyn Harbor, 352 N.E.2d 115, 118 (N.Y. 1976)) (internal quotation marks omitted). In this instance,11oo King Associates is submitting a request to renew the previously issued Special Permit. However, the fees being imposed are required for initial Special Permit Applications, not renewal of a Special Permit. We ask that you take into consideration the minimal review required to renew this Special Permit as there has been no change in circumstances.The renewal will not result in a significant amount of extra paperwork, administering of accounts or any requirement to hire additional personnel for this renewal request to otherwise justify an application fee that exceeds $1,000.00. WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 51 19953.v3 rCUDDY +F E D E R 02/18/2022 LLP A Page-3- In summary, we ask the Board to take into consideration that this is a Special Permit renewal request, and that 11oo King Associates should not be subjected to the unjustified additional fees that might otherwise be required and that such additional fees be waived. Enclosed please find the following materials supporting the Special Permit renewal request: Exhibit A: Completed Special Permit Application; Exhibit B: Board of Trustees'April 24,2012 Resolution granting the Special Permit; and Exhibit C: Board of Trustees'Apri112,2017 Resolution renewing the Special Permit. Also enclosed is a check in the amount of $300.00 made payable to the Village of Rye Brook, representing the Special Permit renewal fee. 11oo King Associates respectfully requests that this matter be placed on the March meeting agenda. Based upon the facts and circumstances noted herein, we respectfully submit that this Application should be approved, and the Special Permit continued to allow the one-car garage to remain in-place. Should the Board or Village Staff have any questions or comments in the interim, please do not hesitate to contact me. Thank you for your consideration and courtesy in this matter. Respectfully yours, WalicuwS. NaW William S.Null Enclosures cc: 11oo King Associates, LLC George Comfort&Sons, Inc. WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 5119953A D ECIE �WFE, BUILD 1 ' DEPARTMENT VILE E OF RYE BOOK FEB 18 2022 -D 938 KING�ET RYE BR0©9,NY 10573 914)939-0668 VILLAGE OF RYE BROOK r BUILDING DEPARTMENT FOR OFFICE USE ONLY: SPECIAL PERMIT APPLICATION FEE: $1,150.00 BOT Approval Date: PB Approval Date: Paid [w]� Date: ZBA Approval Date: Case# SITE PLAN APPLICATION SUBMITTED: Other: Yes [ ] No [ ] Attach Resolution Hereto: BOT[ ] PB [ ] ZBA [ ] APPLICATION FOR SPECIAL PERMIT Application dated: February 14, 2022 is hereby submitted to the Village of Rye Brook for the issuance of a Special Permit in accordance with §250-6.H, and any other applicable sections of the Code of the Village of Rye Brook,and as per detailed statement described below.Please note that this application must be accompanied by a complete Site Plan Application,Environmental Assessment Form and all applicable fees in accordance§209 of the Code of the Village of Rye Brook. 1. Site Address: 1100 King Street, Rye Brook, NY SBL: 124.81-1-1 Zone: OB-1 2. Property Owner: 1100 King Associates LLC Address: 200 Madison Ave., 26th FI., NY, NY 10016 Tel: Cell: email: pduncan@gcomfort.com 3. Applicant: Same as Owner Address: Tel: Cell: email: Cuddy & Feder LLP 445 Hamilton Ave., 14th Floor, 4. Attorney: Y Address: White Plains, New York 10601 Tel: 914-761-1300 Cell: email: kmotel@cuddyfeder.com 5. Engineer./Architect: Not Applicable Address: Tel: Cell: email: 6. Current Use of Property: One car detached garage within the existing parking lot. 7. Proposed Use of Property: No change. i 8/12/2021 Please note that this application must include the notarized signature(s) of the legal owner(s) of the above-mentioned property, in the space provided below.Any application not bearing the legal property owner's notarized signature(s) shall be deemed null and void, and will be returned to the applicant. STATE OF NEW YORK, COUNTY OF WESTCHESTER ) as: Peter S.Duncan , being duly sworn,deposes and states that he/she is the applicant above named, (print name of individual signing as the applicant) and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the Agent for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,agent,attornev,etc.) 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 approval resolutions,approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention & Building Code, the Code of the Village of Rye Brook and all other applicable laws, ordinances and regulations. l � I � Sworn to before me this Swom to before me this day of February 12022 day of February 2022 Notary Public Nota Public Signature of Property Owner Signature of Appli nt Peter S. Duncan Peter S. Duncan Print Name of Property Owner Print Name of Applicant MICHAEL CILLO Notary Public,Stabs of New Yor9c No.01CI6116867ilIC1iAEL CILL.CD Public State of New York Qualified In�,ommission F_xpl v Oct 1 Y4 No.01 CIO116867 auaGtied M Rk;h��p24 Commission ExP an2ao2t • I RESOLUTION CONSIDERING A PROPOSED SITE PLAN AMENDMENT AND SPECIAL PERMIT FOR A ONE CAR GARAGE AT 1100 KING STREET (RECKSON EXECUTIVE PARK) WHEREAS, Reckson Operating Partnership, LP, property owner, has submitted an application for a special permit and site plan amendment for the construction of a one car garage on the north side of an existing parking lot at Reckson Executive Park on property located at 1100 Ding Street, designated as Section 124.81, Block 1, Lot 1 on the Town of Rye Tax Map and located in the OB-1 Zoning District and Scenic Roads Overlay District; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. :Exterior Building Permit Application 2. Site Plan Application and Checklist 1 Letter to the Board of Trustees from Cuddy and Feder,LLP,White Plains, N.Y. dated January 19, 2012 4. Letter to the Superintendent of Public Works from Cuddy and Feder,LLP, White Plains,N.Y. dated January 23, 20.12 5. Stormwater Assessment prepared by Divney, Tung, Schwalbe,LLP, White Plains;N.Y.not dated 6. Engineer's Plans,prepared by Divney, Tung, Schwalbe,LLP',White Plains, N.Y.: Sheet Number Sheet Title Date Not numbered Cover Sheet Not dated 9P-1.0 Site Plan 1/4/12 Al Foundation, Floor,Roof Plans 7/1/11 rev. 1/12/12 A2 Elevations &Details 7/1/11 rev. 1/12/12 S-1 Garage Framing and Underpinning Plan 12/21/11 WHEREAS, on February 14, 2012 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be a.Type H Action requiring no additional review under SEQRA; and Board of Trustees Meeting April 24,2012 Page 6 1 1 WHEREAS, on February 14, 2012 the Board of Trustees referred the application to the Planning Board for report and recommendation; and WHEREAS, the Planning.Board reviewed the application at its March 8, 2012 meeting and referred a report and recommendation to the Board of Trustees on March 8, 2012; and WHEREAS, the application was referred to the Westchester County Department of Planning for notification purposes only on March 15, 2012, and WHEREAS, the Applicant requests a waiver of certain documents listed on the Site Plan Review Check List; and WHEREAS, on April 4, 2012, the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on April 4, 2012; and WHEREAS, the Village Planning Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application; and WHEREAS, the Board of Trustees has considered the special permit standards set forth at Village Code §§ 250-6(H)(1)(c)(1) and 250-6(H)(1)(c)(4); and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that after reviewing the recommendation of the Village Engineer/Superintendent of Public Works, the Board of Trustees hereby grants the Applicant's request for a waiver from submittal of the documents on the Site Plan Review Check List; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby finds with respect to the special permit standards set forth at Village Code §250- 6(H)(1)(c)(1),that the one car garage is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby finds with respect to the special permit standards set forth at Village Code §250- 6(H)(1)(c)(4), that the location and size of the one car garage and the nature and Board of Trustees Meeting AprH 24,2012 Page 7 ; intensity of the operations involved in or conducted in connection with the one car garage are such that it will not not cause or.result in: [i] Dissemination of dust, noise, vibration, excessive light, odor, smoke, observable or detectable gas or fumes or other atmospheric pollutant or any harmful discharge of industrial waste materials beyond the boundaries of the site on which such use is conducted. [ii] Menace by reason of fire, explosion or other physical hazard, including radiation. [iii] Interference with radio or television reception beyond the immediate site of the building in which such use is conducted or scientific testing of devices or instruments which requires the flying of aircraft over the building in relationship to activities in the buildings in such a manner as to cause a public nuisance [iv]Unusual traffic congestion on the streets and highways giving access to the site; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves a special permit as referenced herein authorizing construction of a one car garage on the north side of an existing parking lot at Reckson Executive Park, subject to the following conditions: 1. The Special Permit shall be valid for a period of 5 years following the date of this resolution. The Special Permit may be renewed by the Board of Trustees upon written request provided the applicable Special Permit standards are satisfied. 2. The one car garage shall contain a fire suppression system in accordance with Chapter 212 of the Village Code; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan amendment referenced herein to construct a one car garage on the north side of an existing parking lot at Reckson Executive Park;and BE IT FURTHER RESOLVED, that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. Board of Trustees Meeting April 24,2012 Page 8 � 1 e ; i There was no further discussion on this matter, and Mayor Feinstein called for a r motion. On a motion made by Trustee Redneck, and seconded by Trustee Rosenberg, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B.Redneck Voting Aye Trustee Paul S.Rosenberg Voting Aye Mayor Joan L.Feinstein Voting Aye Mayor Feinstein, with the consensus of the Board, called for a matter out of order from the agenda. 3) CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2012 INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER RYE BROOK-TOWN OF RYE INDEPENDENCE DAY COMMITTEE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 212 INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER-RYE BROOD-TOWN OF RYE INDEPENDENCE DAY COMMITTEE WHEREAS,The Port Chester-Rye Brook-Town of Rye Independence Day Committee will host the 2012 Independence Day Celebration; and WHEREAS, the Village of Rye Brook Village Board would like to continue to assist the Independence Day Committee with this event. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook will pay three thousand five hundred. dollars ($3,500.00) to the Port Chester-Rye Brook-Town of Rye Independence Day Committee for its 2012 Independence Day Celebration. Board of Trustees Meeting April 24,2012 Page 9 �I y On a motion made by Trustee Heiser and seconded by Trustee Klein,the following resolution was it adopted. li RESOLUTION APPROVING RENEWAL OF A SPECIAL PERMIT FOR A ONE CAR GARAGE AT 1100 KING STREET(RECKSON EXECUTIVE PARK VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, on April 24, 2012 the Village of Rye Brook Board of Trustees adopted a resolution approving applications by Reckson Operating Partnership,LP,property owner,for a special permit and site plan amendment for the construction of a one car garage on the north side of an existing parking lot at Reckson Executive Park on property located at 1100 King Street,designated as Section 124.81,Block 1,Lot I on the Town of Rye Tax Map and located in the OB-I Zoning District and Scenic Roads Overlay District;and WHEREAS, pursuant to the terms and conditions of the Resolution the Special Permit was i valid for a period of 5 years following the date of the Resolution and may be renewed by the Board of Trustees upon written request,provided the applicable special permit standard are satisfied;and WHEREAS,the Special Permit is scheduled to expire on April 24,2017;and WHEREAS, on March 30, 2017 the Village received a letter dated March 29, 2017 from Anthony B. Gioffre, Esq., Cuddy & Feder LLP, submitted on behalf of Reckson Operating Partnership,L.P.,requesting renewal of the previously issued Special Permit;and WHEREAS, the proposed action is a "Type II action pursuant to the New York State Environmental Quality Review Act(SEQRA)and therefore no SEQRA review is required;and WHEREAS, the Village Code does not require a public hearing for a request to renew a Special Permit;and (( WHEREAS, the Board of"Trustees has considered the special permit standards set forth at j Village Code §§ 250-6(H)(1)(c)(1) and 250-6(H)(1)(c)(4) to determine whether the existing use continues to satisfy the special permit standards;and WHEREAS,the Board of Trustees is familiar with the site and all aspects of the application. NOW,THEREFORE,BE IT RESOLVED,that the Board of Trustees hereby finds that the existing one-car garage at 1100 King Street continues to satisfy the special permit standards referenced herein and grants the requested renewal of the Special Permit for the existing use for a term of five(5) years commencing as of the date of this Resolution,subject to the following conditions: 1. A fire suppression system in confomrance with Chapter 212 of the Village Code shall continue to be maintained for the one-car garage. 2. The Special Permit may be further renewed at the expiration of this 5-year renewal term upon written request provided the applicable special permit standards are satisfied. BE IT FURTHER RESOLVED,that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. f 1 k I TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK ABSENT MAYOR ROSENBERG AYE i ti ii State of New York County of Westchester ss: Village of Rye Brook 1 hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye Brook which was duly passed by said Board on April 12,2017 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the Village of Rye Brook,this 19`h day of April,2017 Vill ge Cl