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Ir' MM M J � o M�1 v v � •� cn a (� � MCI � Z a '� � .•. F � _� � LL U 44 LLI o I u'� Z ° W � � p O •� b GC U ,u ce INo as)h o 1;13 •4wb x W V (D Z Z 4 b y A ° 4'.4 ~ v Cl Ir■�I G�1 W Q o '� � w e � o 00 cn co c «+ Z bA v' d , O O w ' O� "mow vwb c WU ° U CA QyE BR(�� cu � • 1932• BUILDING DEPARTMENT BUILDING INSPECTOR ❑ASSISTANT BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑CODE ENFORCEMENT OFFICER 938 King Street• Rye Brook,NY 10573 (914) 939-0668 FAx (914) 939-5801 www ryebrook.org - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - ADDRESS:— y �` � 'DATE: --I PERMIT# � ISSUED: l CT: BLOCK: LOT: LOCATION: �° ��1 1 OCCUPANCY: ❑ Violation Noted THE WORK IS... PASSED ❑ FAILED /REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING ❑ ROUGH FRAMING ❑ INSULATION ❑ Natural Gas L -u �\A t11 U . ❑ L.P. Gas ❑ FUEL TANK ❑ FIRE SPRINKLER ❑ FINAL PLUMBING ❑ CROSS CONNECTION FINAL ❑ OTHER �E BRO o`` �m cu m '9b2 04 BUILDING DEPARTMENT ILDING INSPECTOR ASSISTANT BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑CODE ENFORCEMENT OFFICER 938 KING STREET • RYE BROOK,NY 10573 (914) 939-0668 FAx (914) 939-5801 www ryebrook.or - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - ADDRESS: (D '� \ V V A—�p DATE: 11 '-A� PERMIT## —0\:>rf� a ijV—1<2�(�ISSUED: SECT: BLOCK: LOT: LOCATION: v ' V 1 V C�� OCCUPANCY: ❑ VIOLATION NOTED THE WORK IS... ❑ ACCEPTED 0 REJECTED/ REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING ❑ ROUGH FRAMING ❑ INSULATION ❑ NATURAL GAS ��� �L <—�t `LQ S �k G e (V V Q rl U ,{J d ❑ L.P. GAS l� E t o Gt s s ❑ FUEL TANK ❑ FIRE SPRINKLER ❑ FINAL PLUMBING ❑ CROSS CONNECTION �\ FINAL t�S ' 1C ( GC{'GS OTHER CPC V\ � c cS QyE BR(�k, 1982 BUILDING DEPARTMENT ❑BUILDING INSPECTOR ASSISTANT BUILDING INSPECTOR VILLAGE OF RYE BROOK ,,/ ❑CODE ENFORCEMENT OFFICER 938 KING STREET • RYE BROOK,NY 10573 (914) 939-0668 FAX (914) 939-5801 www.ryebrook.org - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - ADDRESS: l AoL. \'� ��DATE: ( �U PERMIT# /ISSUED: SECT: BLOCK: LOT: LOCATION: �'� ' �j Z('� 1 O 4 !J� Q n4 OCCUPANCY: LJ ❑ VIOLATION NOTED THE WORK IS... ❑ ACCEPTED ❑ REJECTED/ REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING / ❑ ROUGH FRAMING 1; ❑ INSULATION ❑ NATURAL GAS trjJ1 i cl ❑ L.P. GAS of os\ f OQ-0 CZ'� y?1 n o-A ❑ FUEL TANK ❑ FIRE SPRINKLER ❑ FINAL PLUMBING ❑ CROSS CONNECTION ❑ FINAL OTHER CJkL�I'�(7�'1 ❑ �' 1^PC `(- Q`� V�(1X CLe c—(--A1 C" c C�� �� �1 � `�� < ✓,Lt.nt_, �3e,� c 1< �@� �inn � c�cx�f �e(�� Z (b) C-A 42 o,r-cS� �E BRC�v� 1932 BUILDING DEPARTMENT BUILDING INSPECTOR ASSISTANT BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑CODE ENFORCEMENT OFFICER 938 KING STREET • RYE BROOK,NY 10573 (914) 939-0668 FAx (914) 939-5801 www ryebrook.org - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - ADDRESS :- V �1 �� ��F � CL t�`y� _ DATE: I© Z b 4z PERMIT#��i CLC-- ' 0 fa ! ' ISSUED: SECT: ��5��7�� BLOCK: � LOT: -OD LOCATION: =-�t-L c)W _ �� OCCUPANCY:T�->^ A-2 ❑ VIOLATION NOTED THE WORK IS... ❑ ACCEPTED B- ��REINSPLICTION \ ❑ SITE INSPECTION ` REQUIRED ❑ FOOTING \� ❑ FOOTING DRAINAGE `~ ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING ❑ ROUGH FRAMING ❑ INSULATION ' I ❑ NATURAL GAS ���L,1��oSC. ��5 ALAI • ❑ FUEL TANK Q)FL t� �=noN' ❑ FIRE SPRINKLER (� t C`AL-- ❑ FINAL PLUMBING ❑ CROSS CONNECTION r' ��y ❑�FINAL V-1 4- Az (L OTHER �=r,�o 10--1 O � a W •r. a j a � B .� ►"'� wtr. 04 x w a f ca H iri � ozo � � `u• G (� N N LW 4 Q Cn Ln ., 1•• CNCN z W w c Cn _ M ~ w V w - ^ C, U V w ;4 V o ? z H V < a ;; C g a u w uw W w o Z z < � V o z Z p O A � Q P5 �I ca a a z w 0 � DREC EN R BUIL E I;XMENT JUN 2 0 2023 VIL to AA OK VILLAGE OF RYE BROOK 938 KIN ci Rv,C B ,NY 10573 BUILDING DEPARTMENT 92 or ELECTRICAL PERMIT APPLICATION Westchester County Master Ele tricians License Required / FOR OFFICE USE ONLY BP#: EP#: _D ? Approval Date: 2023 Permit Fee: Approval Signature: Other: Application dated, -7 is hereby made to the Building Inspector of the Village of Rye Brook NY,for the issuance of a Permit to install in /or remove-electrical equipment,wiring,fixtures,or to perform other high or low voltage electrical work as per the detailed statement described below. By signing this document, the applicant & property owner agree that all electrical work performed will be in conformance "with all applicable Federal,State,County and Local Codes. 1.Address: 6f9 �riGl�riycr &( , & SBL: /�• f `r Zone: � 2.Property Owner: &y� ( LL e Address:_�6 &&A'14e/✓ /aLG OFOA11144e ,y Phone#: Cell#: // 9?i Z " 66 8 email:�/� t�+iC if xa,,�� 3.Master Electrician: wt At m/se Address: r'Loc-3uG3'W p Lic.#: Phone#: �— O OD Cell#: email: Company Name: Address: §fAj/h! 4�/ '44411l Orr- AJ/y 4.Proposed Electrical Work/Fixture Count: 1A1 S� f •D�/ tr S rlly S�•St 5.31 Party Electrical Inspection Agency: •��,,►a*wk*a,rrt�,�*.��kakkr,�*.**a+.a*�*�,�a*r,��*�**�,tra,�,ra,�raar,**�,►*+r���aak*�*�+��*��*�**+�*r,���ar��+#,r*gar**,�* STATE OF NEW YORK,COUNTY OF WESTCHESTER ) as: Stvi t ``', ,being duly sworn,deposes and states tha t she is the applicant above named,and does further (print name of individual signing as the applicant) 1 state that(s)he is the legal owner of the property to which this application pertains,or that(s h9 is the CIOrrn C•0b,— 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 spi:�i0v tt[W14Ia4g,0l as in accordance with the New York State Uniform Fire Prevention&Building Code,the Code of the Village of Rye k9n�aQl �applicable laws,ordinances and regulations. ��Sworn to before me this �� f''G� Sworn to before me thisda of 2 i:�O.OtR003te853'•to; day of �,j ,� ,20�_ QUALIFIED IN -N=_ :WESTCHESTER COUNTY; COMbt.EXP Signat roperty 0� J, 08-15.202a ;'* Sign*15re of Applican PrintNam!of Property er_ ( _ "/'i/�rrOFtNE44 ��`�� Print a of Applicant Nota C Pub • _ ryROSEMARIE A KOZERA Notary Public -State of New York N0. 01 K06216660 oualified in Westchester C unty6/2 /2 " r.nr1TiSS10n Expires • STATEWIDE INSPECTION Service With Integrity 1:1 Main Street, Fishkill, NY 12524 1 emoil:office@swisny.com SWIS JOB APPLICATION 12.7224 I fax 914.219.1062 SWISNY.corn • • Office Use Elect.Permit# \� � Date Bldg Permit# Utility ID# Final Certificate# City/Village Zip Township County Address Cross Street Section Block Lot Owner Name/Address(if different than above) Contact Number ❑Basement ❑1st FI. ❑2nd FI. ❑3rd FI. ❑More Than 3 Fl. ❑Garage ❑Attic ❑Outside ❑Residential ❑Commercial Receptacles Special Recept GFCI AFCI Switches Dimmers Smoke Alarms Carbon Monox Hood Trash Compact Amt Amps Range(s) Cooktop(s) Oven(s) Dishwashers Refrigerator Disposal Microwave Warm Draw Incandescent Fluorescent SERVICE Amperage Voltage 1 P 3P #Meters #Disconnect ❑Underground ❑New ❑Reconnect ❑Overhead ❑Change ❑Visual Re-Inspection ❑ Safety Re-Inspection ❑ Re-Inspection Additional Information D cFY[E DD [ [JU�20 013 VILLAGE OF RYE BROOK BUILDING DEPARTMENT This application Is valid for one(1)year from the date received by svyls.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.The applicant declares that there is no open applkatlons for the above address with any other inspection company.The applicam.owner or authorized agent agrees to all the above temp and conditions as set forth for the application. Inspector Date Finalized Inspector# Company Name �"�� �/!i���(('�I Date / Signature a Address City/State Zip Code License# ) F�,- Phone# r ' D JD State Wide Inspection Services J U N 2 8 2023 1080 Main Street Fishkill, NY 12524 a 845 202-7224 Phone VILLAGE OF RYE BROOK 914-2194-219-1062 Fax STATE WIDE INSPECTION SERVICES BUILDING DEPARTMENT Email: officeLd)swisny.com Website: www.swisny.com Service With Integrity BY THIS CERTIFICATE OF COMPLIANCE STATE WIDE INSPECTION SERVICES CERTIFIES THAT: Upon the application of: Upon Premises Owned by: ADT Commercial LLC Rye Hotel, LLC 6 Skyline Drive 699 Westchester Avenue Hawthorne, NY 10532 Rye Brook, NY 10573 Located at:699 Westchester Avenue, Rye Brook, NY 10573 Section: Block: Lot: Electrical Permit Number: EP23-141 135.74 Certificate Number: 2023-4794 Building Permit Number: A visual inspection of the electrical system was conducted at the Commercial occupancy described below.The electrical system consisting of electrical devices and wiring is located in/on the premises at:699 Westchester Avenue, Rye Brook, NY 10573 The First Floor was inspected in accordance with the NYS and NFPA 70-2017 and the detail of the installation, as set forth below,was found to be in compliance on the 281h Day of June 2023. Name Quantity Rating Circuit Type Horn/Strobes 05 Visual Inspection Only; Not Tested by SWIS. Officer: Frank J. Farina This certificate may not be altered in any way and is validated only by the presence of a seal at the location indicated.This certificate is valid for work performed on the date of inspection only. On a motion made by Trustee Epstein and seconded by Trustee Morlino the following resolution was adopted. RESOLUTION PERMITTING ABIGAIL KIRSCH'S TEMPORARY USE AND OCCUPANCY OF KITCHEN FACILITIES AND ASSOCIATED BACK OF HOUSE FACILITIES OF HOTEL PROPERTY FOR OFF-SITE CATERING SERVICES WHEREAS,Cuddy&Feder,LLP submitted a letter on behalf of the property owner, Rye Hotel,LLC("Applicant"),to request authorization from the Village Board pursuant to Village Code§2 1-1 of the to permit the use and occupancy of certain hotel kitchen facilities for off-site catering services as a customary accessory use to such hotel, regardless of whether rooms are currently available for stays or otherwise actively open; and WHEREAS,Rye Hotel,LLC owns property located at 699 Westchester Avenue,Rye Brook New York 10573,designated on the Tax Map of the Town of Rye as Section 135.74,Block 1,Lot 8,located in the Hotel(H-1)Zoning District(the"Property");and WHEREAS,the Property is approximately 35 acres and was developed with a hotel in 1970 and previously operated as Hilton Westchester(the"Hilton");and WHEREAS,the Hilton permanently closed its doors in July 2020 during the COVID-19 pandemic;and WHEREAS,Rye Hotel,LLC continues to maintain the Property and explore various options to reopen the site;and WHEREAS,according to the Applicant,a hotel manager/caretaker has continuously lived on-site full time to oversee the Property and its maintenance;and WHEREAS,under Village Code§250-34,lands located in the H-1 Zoning District may be used for hotels and uses customarily accessory thereto;and WHEREAS,Rye Hotel LLC leased a certain portion of the Property to Galaxy Restaurants Catering Group,LP d/b%a Constellation Culinary Group,commonly known as Abigail Kirsch,for a period commencing May 1,2022 and terminating April 20,2023 (a copy of the lease is attached hereto as Exhibit A);and WHEREAS,Abigail Kirsch plans to utilize the hotel's existing kitchen facilities to support their catering business and service off-site events;and WHEREAS,the Village Building Inspector has questioned whether the tenant can operate an off-site catering business as an accessory use to a principal use(hotel)which is not currently in operation;and WHEREAS,with respect to property located in the H-1 Zoning District,Section 21-1 of the Village Code authorizes the Village Board of Trustees to"waive or modify the provisions of any chapter of the Village Code regarding applications,permits, authorizations,and/or determinations that the Board of Trustees finds,in its absolute discretion,involve a development of substantial public importance and the exercise of this discretion results in a benefit to the community;"and WHEREAS,the Applicant has requested that the Village Board waive or modify Section 250-34 of the Village Code for the purpose of allowing Abigail Kirsch's occupancy of the hotel site,as part of its catering business,as described in the Applicant's August 19, 2022,letter to the Village Board,notwithstanding that the hotel is currently closed;and WHEREAS,it is proposed that Abigail Kirsch will use the Property for food preparation only,and for all lawful activities normally incidental thereto and related to the conduct of Abigail Kirsch's business and for no other purpose;and WHEREAS,Abigail Kirsch's occupancy involves no practical change in the use of the Property or kitchen facilities compared to the use of the Property and such facilities during the operation of the Hilton Westchester;and WHEREAS,no external changes to the building or parking and loading areas of the hotel are proposed as part of Abigail Kirsch's use;and WHEREAS,in leasing the kitchen facilities,and allowing the short-term use of the kitchen facilities for Abigail Kirsch's catering business,Rye Hotel LLC intends to put Abigail Kirsch in a position to be prepared to serve food and beverage to guests of the hotel in the event the hotel re-opens. NOW,THEREFORE BE IT RESOLVED,that pursuant to Village Code§21-1,the Village Board finds that: a. The future of the Property is of substantial public importance in the Village and Abigail Kirsch's presence will help facilitate its return to full use;and b. Abigail Kirsch's use of the property will incrementally increase the tax revenue generated by the Property without any impact on the community. BE IT FURTHER RESOLVED,that pursuant to Village Code§21-1,the Village Board hereby waives or modifies Village Code§250-34 to the extent necessary to authorize Abigail Kirsch to use and occupy the hotel's kitchen and back of house facilities as a customary accessory hotel use,notwithstanding that the hotel is currently closed,in the location and manner described in the Applicant's August 19,2022 letter to the Village Board and the enclosures thereto,upon the following conditions: a. Abigail Kirsch shall be permitted to use and occupy the Property to support its off-site catering business for a period of one year from the date of this Resolution. b. Upon written request by the property owner,the Village Board of Trustees may permit Abigail Kirsch to use and occupy the Property for additional periods of up to one year each if the Village Board,finds that such extension is warranted by the particular circumstances involved and determines that the owner is diligently pursuing the re-opening of the hotel or other viable alternatives to develop and occupy the Property. c. Abigail Kirsch shall not assign,transfer or convey any of its respective rights issued pursuant to this Resolution unless approval is first obtained in writing from the Village Board. d. Rye Hotel,LLC shall continue to vigorously seek to correct all deficiencies outlined in the Building Inspector's inspection reports and shall continue to call the Building Department for follow-up inspections of same to confirm code compliance. e. Abigail Kirsch shall use the Property for food preparation only,and for all lawful activities normally incidental thereto and related to the conduct of Abigail Kirsch's business and for no other purpose. f. Abigail Kirsch shall not use the Property for on-premises dining,catering,or as an event space of any nature. TRUSTEE EPSTEIN AYE TRUSTEE FISCHER AYE TRUSTEE HEISER AYE TRUSTEE MORLINO AYE MAYOR KLEIN AYE State of New York County of Westchester 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 September 13,2022 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the Village of Rye Brook,this 14th day of September 2022 Villag lerk Mike Izzo From: Mike Izzo Sent: Friday, October 14, 2022 2:58 PM To: Sylvia Tosun Cc: Steven Fews; Laura Petersen;Tara Orlando;Christopher Bradbury Subject: RE: 699 Westchester Ave. Catering Business Attachments: Certified Resolution Abigail Kirsch Catering Approval.pdf Dear Ms. Tosun, Thank you for your timely response. As I stated in my previous email below, you must contact the Building Department at least once every 2 weeks to provide a progress report for the outstanding items on the fire inspection report; the malfunctioning elevator and the unlabeled/mis-labeled electrical panels. The other outstanding item is the open permit for the new automatic sliding glass front doors, which has been expired since December 20, 2020. You may provide progress reports via email to all copied here, but to schedule an inspection you must call the Building Department at, (914) 939-0668 and speak directly to our staff. To comply with the BOT Resolution, you must vigorously work to resolve these outstanding items to the satisfaction of the code. Thank you. A4d(7, Izzo Building& Fire Inspector Village of Rye Brook, NY (914) 939-0668 From:Sylvia Tosun <sylvia@spindlehill.com> Sent:Thursday, October 13, 2022 11:19 AM To: Mike Izzo<Mlzzo@ryebrook.org> Cc:Steven Fews<SteveFews@ rye brook.org>; Laura Petersen<LPetersen@ryebrook.org>;Tara Orlando <torlando@ryebrook.org>; Christopher Bradbury<CBradbury@ryebrook.org> Subject: Re: 699 Westchester Ave. Catering Business Dear Mr. Izzo, Thank you for your email and also for providing a copy of the Approval Resolution. Please be assured that we have been and will continue to be working aggressively and vigorously to correct all deficiencies. The Kitchen Operation resumed their tenancy as of October 1, 2022, for which we are grateful to have been granted executive permission by the Village Board of Trustees on September 13, 2022. 1 That same week, I delivered and submitted Fire Inspection Applications to the Building Department for three additional areas of the property,and had composed a work schedule focusing on those areas to be corrected and prepared for Inspection within the following week or two. However, when we were informed at that time,the Kitchen Operation would not begin moving back in until the end of the month, we redirected our efforts back to the Main Kitchen and surrounding rooms in order to fine tune, and meticulously address more of the areas in greater detail. This work included several days of emptying out the large storage rooms, dismantling and sanitizing all of the shelving units, discarding many more unnecessary items and discovering a few unforeseen issues to be corrected,then scheduling a 3 day process of resurfacing the floors with polyaspartic coating, allowing it to set for another couple of days before moving the items back in with a more organized set-up,all in an effort to show by example, the high quality conditions we would expect the Kitchen Operation to maintain moving forward. All other areas of the property have concurrently been and continue to be addressed on a daily basis and we have made significant and noticeable progress. Please accept my sincere apology for being remiss in following up. My sense of perfectionism has superseded my sense of timing. While there are still some outstanding items in progress, to be completed, please know that your presence here, is most welcome at any time; scheduled or not. Your continued guidance and generosity of time is a great blessing for us and we look forward to working with you in rejuvenating and restoring this beautiful property to provide a safe and enjoyable environment for the Village of Rye Brook and guests. Please let me know how best to proceed. Should I call your office to schedule an appointment for a progress review? Would you like me to send a written progress report? Would you like to stop by at your convenience? We are here, everyday, working, and our door is always open for you. Most deferentially, Sylvia Tosun Rye Hotel LLC On Oct 11, 2022, at 3:41 PM, Mike Izzo<mizzo@rvebrook.org>wrote: Dear Ms. Tosun, As you know, on September 1, 2022, the Building Department issued an Operating Permit for Rye Hotel LLC (the Hotel) to allow Abigail-Kirsch to operate a catering business from the existing Hotel kitchen with the understanding that the Hotel would seek to correct all outstanding deficiencies and contact the Building Department for follow-up inspections, and seek and obtain executive permission for same from the Village Board of Trustees (BOT). Subsequently on September 13, 2022, the BOT did grant such executive permission, and a copy of their conditional approval resolution is attached hereto for your review and convenience. 2 • I call your attention to condition letter d. of the attached approval resolution which states in part that the Hotel shall continue to vigorously seek to correct all deficiencies and continue to schedule follow-up inspections with the Building Department. The catering business has been in operation since September 1, 2022, and to date the Hotel has not contacted the Building Department for anything. Please contact the Building Department immediately to schedule a progress inspection for the outstanding deficiencies. Furthermore,you are hereby directed to continue to contact the Building Department at least once every two (2) weeks for progress reports or to schedule progress or final inspections to clear all deficiencies. Please note that failure on the Hotel's part to "vigorously seek to correct all deficiencies", and "continue to call the Building Department for follow-up inspections", as directed above, will result in the issuance of a Stop Work Order to cease and desist the catering operation. Further note that it is not the role or the responsibility of the Building Department to continue to remind the Hotel of their obligations, but merely to enforce the Code as prescribed by law. As such the Hotel will be receiving no further reminders from the Building Department in this regard. By way of this email, I am requesting that my Supervisor, Mr. Bradbury share this information with the Village Board of Trustees. Thank you. AhdtT Izzo Building& Fire Inspector Village of Rye Brook, NY (914) 939-0668 <Certified Resolution Abigail Kirsch Catering Approval.pdf> 3