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HomeMy WebLinkAbout2016-2018 y 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 David M. Heiser Michael J. Izzo Jason A. Klein Jeffrey B. Rednick May 17, 2016 Michael Tucci& Margherita Tucci 95 Freemont-Street Harrison, NY 10528 Re: 226 South Ridge Street, Rye Brook,NY 10573 Parcel I D#: 141.75-2-43 NOTICE OF REVOCATION OF CERTIFICATE OF OCCUPANCY Code of the Village of Rye Brook §250-10.D. (2) On the serving of notice of any violation of any of said provisions or requirements in respect to any building or the use thereof or of land, the certificate of occupancy for such use shall thereupon become null and void and a new certificate of occupancy shall be required for any further use of such building or land. Be advised that in accordance with Village Code §250-10.D.(2),Certificate of Occupancy# 327, issued on October 1, 1957 for the single family dwelling, and Certificate of Occupancy#9122, issued July 5, 2011 for the legalization of the finished basement, both issued for the single family dwelling located at 226 South Ridge Street, Rye Brook,NY,are hereby rendered null and void due to violations issued against the property owner and the occupants thereof. Be further advised that it is a violation of Village Code to continue to occupy, or to allow anyone to continue to occupy the subject dwelling or finished basement without a Certificate of Occupancy in place. Court Summonses will be served upon the property owner and upon any occupants thereof should occupancy of the subject dwelling continue without the required Certificate of Occupancy. Please note that you must apply for and obtain a new Certificate of Occupancy(s) in order to legally occup the subject dwelling. M is el o Buildin & Fire Inspector mizzo a( ryebrook.org cc: Courtney E. McGowan, Esq., Keane& Beane, P.C. Steven E. Fews, Assistant Building Inspector Christopher J. Bradbury, Village Administrator ppp- BRC�v� w � 1932 BUILDING DEPARTMENT ❑BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑ VILLAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 ❑ASSISTANT BUILDING INSPECTOR (914)939-0668 FAX(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - -- � ( � ADDRESS: 'a , y � 1 DATE. 1 PERMIT# ISSUED: SECT: BLOCK: LOT: (.�t SeS 11�- f �) LOCATION: OCCUPANCY: ❑ VIOLATION NOTED THE WORK IS... ZACCEPTED ❑ REJECTED/REINSPECTION ❑ SITE INSPECTION REQUIRED 0 FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION 0 UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING � �� 0 ROUGH FRAMING 0 INSULATION ❑ NATURAL GAS ❑ L.P. GAS ❑ FUEL TANK 0 FIRE SPRINKLER ❑ FINAL PLUMBING ❑ FINAL ❑ OTHER r-i cI z •s � y a 00 mt to, v� it •• • MT ? w w m • ~ _ out Vl 96 0 tf's Z i WowW F. 0^0 Q • r � U ow %0-0 co co � 00 Ono oo L _ 8 F = 960. CG _ p BUIL E MENT R VIL OF RYE OK I DEC 2 2 2017 938 IN ET RYE B ,NY 1057 (914)9 939-5801 1 VILLAGE OF RYE BROOK w or . BUILDING DEPARTMENT PLUMBING PERMIT APPLICATION Westchester County Master Plumbers License Required FOR OFFICE USE ONLY BP#: I'll#: _ — t Approval Date: l Permit Fee: $ Approval Signature: Other: Disapproved: (fees are non-refundable) ####:!c.%`###*####*#t;=+�k###+�'##A*>%#�###�-•-�#�###Fri:#�K#�� �######k#k�##a##K##*#####F*##K#K*%K#*###*###m## Application dated, 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 Plumbing as per detailed statement described below.The applicant&property owner,by signing this document agree that said plumbing work will be in conformance with all applicable Federal,State,County and Local Codes. I.Address: C1 �6 S- R S71c SBL: Zone: 2.Property Owner: � Q�� ���'�' fl Address: C4� �n �', �� Phone it: �55 I wS _Cell#: email:�� yC CI Ew ad-�Qm 3.Master Plumber: fi"4h o/v.. Address: W PO 8 a yL 1016 Mq rrj rooA N � /OMM Lic.#: a�Phone#: g 3 f' /y 8 3 Cell#: email: Cb-r k D h C , nr aT Company Name: PAck PL„n,b,H c A H d N 4(-.- Address: 26 C a l NC.r-4- S 7 • P a rr->ror► &/-% 10 T-7-8 INDICATE FIXTURES& LINES TO BE INSTALLED AS PER THE FOLLOWING SCHEDULE: Location Water Urinals Drinking Sinks Showers Bath Laundry Domestic Fire Sanitary Natural/ Other* Total Closets Fountains Tubs Tubs Service Service Sewer LP Gas Basement I st Floor 2nd Floor 3` Floor 4 Floor 5 Floor Exterior 4.* List Other Equipment/Provide Details: C e,�j S k- J/U b rcm a w T — 7/7/17 I STATE OF NEW YORK,COUNTY OF WESTCHESTER ) as: AN 4-h-"n, r/ It t:e ,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 C O-,J 4 r R c 1-r/PL,,m b t/- for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,agent,attorney,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 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. Sworn to before me this � Sworn to before me this day of ,20_L7_ day of A4?r-e/y6-4-" ,20 —,2 Signature of Property Owner Signature of Applicant Print Name of Property Owner Print Name of Applicant Notaiy Public otary Public ERIK VIETZ Notary Public -State of New York LINDA GARGA�t^ NO. 01VI6252358 Y PUBLIC OF r :TICUT Oualified in Westchester County - My Commission F „30/2021 My Commission Expires Dec 5,2019 This xpplika0on must be proper,. .ompleted its entirety and must include the notarized signatures o Lhe legaY owner(s) of the subject property, and the applicant of record in the spaces provided. Applications noi,p 4erly completed in its entirety and/or not properly signed shall be deemed null and void and will be returned to the applicant. 7i7ii 7 2 BRC�� O Z��7 BUILDING DEPARTMENT Q ❑BUILDING INSPECTOR VILLAGE OF RYE BROOK 0 VILLAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 ❑ASSISTANT BUILDING INSPECTOR (914) 939-0668 FAX(914) 939-5801 - - - - - - - - - - - - - - - - -- - - - INSPECTION REPORT - - - - - - - - - - - --- - -- - - -- ADDRESS: o (� 1 DATE: PERMIT# ISSUED: SECT: BLOCK: LOT: LOCATION: ti f-,R OCCUPANCY: I 0 VIOLATION NOTED THE WORK IS... ❑ ACCEPTED REJECTED/REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING 0 FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING f _ 0 ROUGH FRAMING ❑ INSULATION f _ ❑ NATURAL GAS S 1 , � k c1 N ❑ L.P.GAS D FUEL TANK ►6"\ f,/l�1�l(�1!2; ❑ FIRE SPRINKLER ❑ FINAL PLUMBING 0 ❑ FINAL 0 OTHER {`v `-'�"►Q-� ,( kc,\Fc,� ��yE DRCuk �; O tim w � �932 BUILDING DEPARTMENT ❑ BUILDING INSPECTOR VILLAGE OF RYE BROOK �� Z ❑ VILLAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 O ASSISTANT BUILDING INSPECTOR (914) 939-0668 FAX(914) 939-5801 - - - - - - - - - - - - - - - -- - - - - INSPECTION REPORT - - - - - - - - - - - - --- -- - - - - ADDRESS: �� `' C�v 1 �" ' ct-� DATE: 5bVi PERMIT# ISSUED: SECT: BLOCK: LOT: LOCATION: OAF \ Awl Ov-,AQj� OCCUPANCY: 2 `b VIOLATION NOTED 1 ZliE WORK IS... ❑ ACCEPTED L REJECTED/REINSPECTION ❑ SITE INSPECTION dr REQUIRED 0 FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING A` 0 ROUGH FRAMING k� �,-Q gat�� Q 0 INSULATION ❑ NATURAL GAS ❑ FUEL TANK 0 FIRE SPRINKLER 1� l �u 0 FINAL PLUMBING f•� 1 <��(7� (�# 1 N tX�.l ❑ FINAL ❑ OTHER -z t3o� Qco� c Y-:Lz (' cCUc c G�'► �•�.7� �tE BRA 0 '9a2 BUILDING DEPARTMENT ❑BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑ VILLAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 ❑ASSISTANT BUILDING INSPECTOR (914) 939-0668 FAX(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - - ADDRESS: (<7) f DATE: PERMIT#- (i`F,ff ISSUED: SECT: BLOCK: LOT: LOCATION: OCCUPANCY: VIOLATION NOTED THE WORK IS... ❑ ACCEPTED REJECTED/REINSPECTION SITE INSPECTION / REQUIRED ❑ FOOTING �e ❑ FOOTING DRAINAGE D FOUNDATION 0 UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING 0 ROUGH FRAMING t V \ , 0 INSULATION 'T❑ NATURAL GAS D L.P. GAS D FUEL TANK i � C FTb M i�Cs �CKIt' t&C gel►Qf� r� S t C S D FIRE SPRINKLER ❑ FINAL PLUMBING ❑ FINAL D OTHER ( 14 l ce 1�C, tc BR(�v� O y W � �c 1902 BUILDING DEPARTMENT ❑BUILDING INSPECTOR VILLAGE OF RYE BROOK o VII.LAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 ASSISTANT BUILDING INSPECTOR (914)939-0668 FAX(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - - ADDRESS: DATE: Z PERMIT# ISSUED: SECT: t` ( BLOCK: LOT: `I l � LOCATION: - '� �1 � r I\� t�C ` ���l OCCUPANCY: } ❑ VIOLATION NOTED THE WORK IS... ❑ ACCEPTED REJECTED/REiNSPECTION --b— SITE INSPECTION REQUIRED O FOOTING 0 FOOTING DRAINAGE 0 FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING 0 ROUGH FRAMING ❑ INSULATION ! ❑ NATURAL GAS ❑ L.P.GAS ❑ FuEL TANK Q C_ �� Q S ►� 0 FIRE SPRINKLER 0 FINAL PLUMBING O FINAL I'd OTHER JCL< A '� C �1C» C r, I \yz- l eve cj `, � ,_ ,�,•� �`4� �..��,_��c \t � i ': n• �� t��anti 6R.,•�ti JUSTICE COURT OF THE TOWN OF RYE `��� O< STATE OF NEW YORK: COUNTY OF WESTCHESTER ------------------------------------------------------------------------ PEOPLE OF THE STATE OF NEW YORK, -against- S�1 i C V1 o,.Q t 7 y C.C.1 N o . 1 � l Defendant. -----------------------------------------------------------------------------X Be it known that complainant herein�5jr0 E_A �p duly authorized code enforcement officer of the Village of Rye Brook, accuses the defendant(s)named above,residing at S� of the following offense(s) committed at in the Village of Rye Brook, State of New York on the day of ` , 20-L5 at or about i�.o jv.m. COUNT ONE: ag COUNT TWO: Cl ) COUNT THREE: \ ().50 — ,'�..+f\ C � OCC n C Facts Defendant did wrongfully and unlawfully violate the above stated ordinance(s) in that (s)he did allow or cause to allow, ~ J+C�)C��CJ� { ��t�C n� C{C,tlC�� � `�1� �Jr 1<.��C� �1 14 (-'-00� ( I (L c �al ,( k�S C �,J'J C��JA11 CT� VG t k C e 1 Cc C Q G�` �t 1d �,� e A of the a o e is c ntrary to the provisions of the statute in such ca a mad an provide or. he above allegations of fact are made by the complainant herein on direct knowledge (and upon information and belief), with the sources of complainant ' formation and the grounds for his er belief being: C ilu'\1 c NOTICE: PURSUANT TO THE PENAL LAW, SECTION 210.45,IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR TO KNOWINGLY MAKE A FA STATEMENT, REIN. `t 1 Dated Code Enforce ent O ficer APPEARANCE TICKET You are hereby directed to appear before the Rye Town Justice Court, 350 North Main Street,Port Chester,New York 10573 (Phone#914-939-3305)at 9:00 a.m. on the ' day of AJQ4 jS� ,2015 in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR, A WARRANT MAY BE ISSUED FOR YOUR ARREST -7j Dated Code Enforcement Officer C DR tO JUSTICE COURT OF THE TOWN OF RYE a STATE OF NEW YORK: COUNTY OF WESTCHESTER X 1 9 PEOPLE OF THE STATE OF NEW YORK, -against- MICHAEL TUCCI,and MARGERITA TUCCI No . E . 0127 Defendant. --------------------------------------------------------------------------------X Be it known that I, Steven E. Fews the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook, NY do hereby accuse the defendant(s) named above, residing at 95 Freemont Street, Harrison, NY 10528, who is the property owner of 226 South Ridge Street, Rye Brook, NY at which the following offenses were committed on the 28,'day of April,2016,at or about 6:15 am o'clock; COUNT ONE: Code of the Village of Rye Brook 4250-25.A.Two Family Residential Districts Permitted Principal Uses TO WIT: The above-named defendant did allow or cause to allow occupancy of the basement in the single-family residence at the address described above as a separate dwelling unit, in that such basement occupant is unrelated in a familial way to Karol Mejia, or to Ms. Mejia's Child Day-Care Facility being operated on the first floor of the subject dwelling, or to the seven other individuals found to be occupying the first&second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets & countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. In addition to the basement dwelling unit, the defendant allowed two bedrooms at the property described above to be separated by a locked door and occupied by two separate families. COUNT TWO: Code of the Village of Rye Brook 4250-9.A. Building Permits&Licenses TO WIT: The defendant did allow or cause to allow the installation of an entrance door with a keyed lock separating the basement space from the first floor at the above described address without a permit and in violation of the approved plans. COUNT THREE: Code of the Village of Rye Brook 4250-10.A.Certificate of Occupancy Required TO WIT: The defendant did allow or cause to allow occupancy of the basement in the single-family residence at the above- mentioned address as a separate dwelling unit,without a Certificate of Occupancy, in that such basement occupant is unrelated in a familial way to Karol Mejia, or to Ms. Mejia's Child Day-Care Facility being operated on the first floor of the dwelling, or to the seven other individuals found to be occupying the first&second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets&countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. In addition to the basement dwelling unit, the defendant allowed two bedrooms at the property described above to be separated by a locked door and occupied by two separate families without a Certificate of Occupancy permitting said use. All the above is contrary to the provisions of the statutes in such case made and provided. The above allegations of fact are made by the complainant herein on direct knowledge(and upon information and belief),the source of which being inspections of the premises on May 131h 2016,and again on April 28`h 2016,including the attached photographs taken on these dates by me and/or the Building Inspector,Michael Izzo in my presence,showing the conditions described above,and Building Department records.Any false statements made herein are punishable as a Class"A"Mi emeanor pursuant to§210.45 of the NY Penal Law. 5141 -2 0 1 b 1) ) I--,�_� Dated Code En orcement Officer APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye,350 North Main Street,Port Chester, New York 10573,(914)-939-3305,at; 9:00am on the 18 t"day of May 2016,in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAY BEASSUED FOR YOUR ARREST SIy1 D)1b Dated Code Edforcement Officer 6R u y 40 JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER -------------------------------------------------------------------------------- X 19 PEOPLE OF THE STATE OF NEW YORK, -against- MICHAEL TUCCI, AND MARGHERITA TUCCI No . E . 0128 Defendant. --------------------------------------------------------------------------------X Be it known that I, Steven E. Fews the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook, NY, do hereby accuse the defendant(s) named above, residing at 95 Freemont St. Harrison NY 10528, the property owner of 226 South Ridge Street, Rye Brook, NY, at which the following offenses were committed on the 281h day of, April 2016, at or about 6:15 am o'clock. COUNT ONE: Code of the Village of Rye Brook 4250-9.A. Buildin2 Permits& Licenses. TO WIT: The defendant did allow or cause to allow the rear, one story, elevated addition to be constructed at the address described above without a permit. COUNT TWO: Code of the Village of Rye Brook 4250-10.A. Certificate of Occupancy Required. TO WIT: The defendant did allow or cause to allow the occupancy of the rear elevated addition as a bedroom for the first floor tenant at the address described above as shown in the attached photographs, without a Certificate of Occupancy. COUNT THREE: Code of the Village of Rye Brook§113-6. Electrical Permit Required. TO WIT: The defendant did allow or cause to allow electrical wiring to be installed in the rear elevated addition at the premises described above without an electrical permit. COUNT FOUR: Code of the Village of Rye Brook 4113-11. Electrical Inspection Required. TO WIT: The defendant did allow or cause to allow electrical circuits to be placed into service at the address described above without an electrical inspection. All the above is contrary to the provisions of the statutes in such case made and provided. The above allegations of fact are made by the complainant herein on direct knowledge (and upon information and belief), the source of which being an inspection(s) of the premises on, April 281h 2016 and Building Department records. Any false statements made herein are punishable as a Class"A"Misdemeanor pursuant to §210.45 of the NY Penal Law. Dated Code Enforcement Officer APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye, 350 North Main Street, Port Chester, New York 10573, (914)-939-3305, at; 9:00am on the 18rh day of May 2016, in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR, A WARRANT MAY BE ISSUED FOR YOUR ARREST Dated Code Enforcement Officer 1� Certified Mail BUILDING DEPARTMENT Hand Delivered., r ? VILLAGE OF RYE BROOK • iyss • 938 KING STREET,RYE BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 www.aebrook.org NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OWNER(S): MICHAEL and/or MARGHERITA TUCCI VIOLATION#: E 1010 95 FREEMONT STREET NOTICE#: ls` HARRISON NY 10528 S.B.L.: 141. 3 5- 2-34 The following violations of the Code of the Village of Rye Brook,and/or the New York State Uniform Fire Prevention& Building Code were found to exist at,226 SOUTH RIDGE STREET located in an, R-217 zoning district, in the County of Westchester,Village of Rye Brook,NY on,APRIL 28T" 2016. CODE SECTION & TITLE DESCRIPTION New York State Property Maintenance 404.1 Bedroom Requirements. -Bedroom(s)found being occupied by 4 persons. 50 square feet per person is Required. (2" floor). New York State Property Maintenance Code 704.2 Smoke Alarms - Smoke Detectors required in each bedroom and outside each bedroom New York State Property Maintenance Code 705.1 Carbon Monoxide Alarms-Carbon Monoxide detectors required on each level of sleeping rooms New York State Property Maintenance Code 306.1 Handrails and Guardrails- Every exterior and interior flight of stairs having more than 4 risers shall have a handrail on one side of the stair... New York State Residential Code R311.5.3.3 Profile(Stair Cases)—A nosing not less than inch but not more than 1 '/4 inch shall be provided on stairways with solid risers. VillaEe of Rye Brook Code 186-2.A Trimmine of Brush Removal of Hazards- Rear yard found accumulated with garbage, rubbish, refuse and/or discarded items. (see photos)areas must be maintained in a clean and safe manner Villaue of Rye Brook Code 91-2.A(1) Buildine Permit Required; exceptions -One Story detached sheds must comply with property line setback regulations. Minimum 5'feet off property lines You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be completely cured by no later than, June 5`h 2016, which is thirty (30) days after the date of this notice and are returnable at the rate of$1,000.00/day for each day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the premises is required by law to confirm compliance with this notice & all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE 13Y.FINE9 IMPRISONMENT OR BOTH. O BUILDING INSPECTOR ASSISTANT BUILDING INSPECTOR 0 v o � 43D I zr3A0 r.L r,0,pq 43 O X an W ID IA ty a Q 41 �. i - Ac V o L-7AD 17i slur Q-1 2► Z 130 i crsw43 ss ��3a -J 44 Q V ~ 2 � Q M J 7 �k-L IX) .�� ' �N BR(�V� e o y W � 193 BUILDING DEPARTMENT 0 BURDING INSPECTOR VILLAGE OF RYE BROOK 0 VILLAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 0 ASSISTANT BUILDING INSPECTOR (914)939-0668 FAX(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - - --) � 1 _ ADDRESS: DATE: PERMIT# ISSUED: SECT: BLOCK: LOT: LOCATION: OCCUPANCY: 0 VIOLATION NOTED THE WORK IS... ❑ ACCEPTED U-'REJECTED/REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE 0 FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING 0 ROUGH FRAMING 0 INSULATION ❑ NATURAL GAS 0 L.P.GAs ❑ FUEL TANK 0 FIRE SPRnauR ❑ FINAL PLUMBING ❑ FINAL 0 OTHER Mike Izzo From: Mike Izzo Sent: Monday, July 16, 2018 8:49 AM To: 'mjatucci@aol.com'; Steven Fews Cc: james.monteleon@gmail.com; Ed Beane; Tara Gerardi; svolpe@ aw.com Subject: RE: Tucci - 226 South Ridge Street Update 07.12.18 copy Dear Mr.Tucci, Thank you for your prompt response and for the information. However, it is your responsibility to attend to these matters with urgency as mandated by the Court. The Building Department is not responsible for errors or omissions to your application nor can we be held accountable if your chosen professionals fail to provide the required information in a timely manner. While we are always happy to work with design professionals in multiple capacities, the responsibility to convey whatever sense of urgency is needed on the part of the applicant as mandated by the Court, lies with the applicant. Thank you. lffl a4d(T Izzo Building & Fire Inspector Village of Rye Brook, NY Phone—(914) 939-0668 Fax—(914) 939-5801 mizzo@ryebrook.org From: mjatucci@aol.com [mailto:mjatucci@aol.com] Sent:Thursday, July 12, 2018 3:44 PM To: Mike Izzo<Mlzzo@ryebrook.org>; Steven Fews <Steve Fews @ryebrook.org> Cc:james.monteleon@gmail.com; Ed Beane<ebeane@kblaw.com>; Tara Gerardi <tgerardi@ryebrook.org>; svolpe@kblaw.com Subject: Re: Tucci - 226 South Ridge Street Update 07.12.18 Dear All, My apologies that these matters are still pressing but I am doing everything I can to expedite this matter and not to retain a new architect. Carlos is Peter Klein's drawer and is the person working on the below corrections. He mentioned to me, via text, that he was going to visit Mr. Izzo with the updated drawings on Wed June 27th. As per Mr. Fews that meeting never took place. I just got off the phone with Peter Klein and he told me the drawings are being worked on but they will not deliver them to the building department without additional charges to me. So upon completion of the drawings, I will drop them off for review. If still not in order, I will again insist Carlos does them until correct and meet your requirements. I am attaching both numbers below if you need to stress the urgency of this matter being mandated by the court. I have already. Peter Klein (914) 934-1137 Carlos (914) 954-9618 Again thank you and my apologies. 1 Michael Tucci --Original Message----- From: Mike Izzo <Mlzzo .rye brook.org> To: mjatucci <miatucci(caol.com>; Steven Fews <SteveFews(cDryebrook.org> Cc:james.monteleon <james.monteleon(cDgmail.com>; Ed Beane <ebeane(d,)kblaw.com>; Tara Gerardi <tgerardi(a)rye brook.org>; svolpe <svolpe(aD_kblaw.com> Sent: Mon, Jun 11, 2018 8:51 am Subject: RE: Tucci-226 South Ridge Street Update 04.19.18 Dear Mr. Tucci, After reviewing your submittal received by the Building Department on May 23, 2018, 1 find that your application cannot be processed further. Please provide the following clarification/corrections; 1. The survey you provided dated September 19, 1998 shows the shed located 0.5 feet (6") from the side property line. However the plans prepared by your architect indicate the shed is located 3 feet from the side property line. If you're not planning to move the shed as your email below indicates then either the survey or the plans are incorrect, and one or the other must be revised. 2. The permit application is incorrect and incomplete and must be corrected/amended accordingly: a. Question #4 has your address incorrect. b. Question #28 regarding any previous variances sought has been left blank. c. Page#3 has incorrect information regarding lot coverage. d. Page#4 has incorrect information regarding impervious coverage. e. Page#5 has incorrect information regarding gross floor area. Please arrange for all information to be corrected or amended in order to proceed with the legalization process. Thank you. 1ff,Aqd t Izzo Building & Fire Inspector Village of Rye Brook, NY Phone—(914) 939-0668 Fax—(914) 939-5801 mizzo@ryebrook.org From: mjatucci@aol.com [mailto:miatucci@aol.com] Sent:Thursday,June 07, 2018 2:03 PM To: Mike Izzo<Mlzzo@ryebrook.org>; Steven Fews<SteveFews@ rye brook.org> Cc: iames.monteleon@gmail.com; Ed Beane<ebeane@kblaw.com>;Tara Gerardi<tgerardi@ryebrook.org>; svolpe@kblaw.com Subject: Re:Tucci -226 South Ridge Street Update 04.19.18 Thank you Mr. Izzo I would like to continue to peruse the variance for the shed. I will wait for the denial letter then file for the variance. Kind regards, Michael Tucci 2 ----Original Message----- From: Mike Izzo <Mlzzo(cDryebrook.org> To: Michael Tucci <mjatucci(c-)aol.com>; Steven Fews <SteveFews(aD_rye brook.org> Cc:james.monteleon <james.monteleon(ci),g mail.com>; Ed Beane <ebeane(a)kblaw.com>; Tara Gerardi <tgerardi(@ryebrook.orq>; svolpe <svolpe(a)_kblaw.com> Sent: Wed, Jun 6, 2018 4:32 pm Subject: RE: Tucci-226 South Ridge Street Update 04.19.18 Dear Mr. Tucci, In order for a structure to be considered legal non-conforming, (grandfathered) it must have been built legally at the time of construction. We know that the Town of Rye Zoning Code language pertaining to accessory buildings, (sheds, detached garages, etc...) which required a minimum five (5) foot setback from the property line was adopted in 1954. This requirement remains in place in the current Rye Brook Code.The house at 226 South Ridge Street was constructed in 1957, and the shed either at that time or sometime after. So whether a permit for the shed was required or not, at the time of construction the code required such structures to be located not closer than five (5) feet to the property line(s).The shed is closer than five (5)feet to the property line(s) and therefore is illegal non-conforming and must be dealt with in the manner prescribed by law. Either you seek relief from the ZBA for the non-compliant location of the shed, arrange to have it relocated so as to be in compliance with the code, or arrange to have it removed in its entirety from the premises. These are your only three options. The fees are set by the Village Board of Trustees on the Village Fee Schedule and cannot be reduced or waived. Thank you. AlW a C t IZZO Building& Fire Inspector Village of Rye Brook, NY Phone—(914) 939-0668 Fax—(914) 939-5801 mizzo@ryebrook.org From: Michael Tucci [mailto:miatucci@aol.coml Sent:Wednesday,June 06, 20181:51 PM To:Steven Fews<SteveFews@ryebrook.org> Cc:Mike Izzo<Mlzzo@ryebrook.org>;james.monteleon@gmaii.com; Ed Beane<ebeane@kblaw.com>;Tara Gerardi <tgerardi@ryebrook.org>; svolpe@kblaw.com Subject: Re:Tucci-226 South Ridge Street Update 04.19.18 Thank you. Do I have other options besides moving the shed or applying for a variance of the pre existing shed that was present at time of purchase? Why will this not be grandfathered in as we are clear it was present with no violations on file at date of purchase of the home? Can any fees be waived as this seems very costly for just a shed variance of a few inches? Michael Tucci 3 Sent from MichaeI's Whone On Jun 6, 2018, at 12:39 PM, Steven Fews <SteveFews@ryebrook.org>wrote: Good Afternoon Mr.Tucci. If you will indeed be proceeding with your application to include seeking to legalize the shed in its current location. Then the application as submitted will be held in denial by the Building Inspector until such a time as the variance request is approved or disapproved. Be advised that you must first wait to receive the denial letter from Mr. Izzo. Afterwards, you can proceed with that denial letter and the information contained therein, to fill out and submit the Zoning Application. At the time of your submission you must bring in all the required fees and documents as outlined on the instruction page(s). I have attached a copy of the ZBA application form to this email for your convenience. Thank You. Steven E. Fews Assistant Building&Fire Inspector Code Enforcement Village Of Rye Brook stevefews@rvebrook.org 914-939-0668 Ph 914-939-5801 fax From: mjatucci@aol.com [mailto:miatucci@aol.coml Sent:Wednesday,June 06, 2018 9:41 AM To:Steven Fews; Mike Izzo Cc:iames.monteleon@gmail.com; Ed Beane;Tara Gerardi; svolpe@kblaw.com Subject: Re:Tucci -226 South Ridge Street Update 04.19.18 Mr. Fews, That is fine, we will await your corrections. I was hoping that the shed would be incorporated within the plans and handled as one project. However, we now will be seeking a zoning variance to leave it in the current position. I will work on it this week. Thank you. Michael Tucci -----Original Message----- From: Steven Fews <SteveFewsCa�ryebrook.org> To: mjatucci <miatucci(cDaol.com>; Mike Izzo<Mlzzo(@ryebrook.org> Cc:james.monteleon <james.monteleon(d.)gmail.com>; Ed Beane <ebeane(a)kblaw.com>; Tara Gerardi <tgerardi(a)-ryebrook.orq>; 'Volpe,Suzanne E. (svolpe(d)kblaw.com)' (svolpe(a�kblaw.com)' <svolpe(aDkblaw.com> Sent: Tue, Jun 5, 2018 4:16 pm Subject: RE: Tucci-226 South Ridge Street Update 04.19.18 Good Afternoon Mr. Tucci. 4 The initial review of your application has been done by Mr. Izzo. Be advised that several of your architects coverage calculations had to be corrected. We also must note that you have not formerly addressed either on the application or the site plan what you intend to do about the shed setback violation? Please advise if you plan to move it over the required five feet (5') from the property line, or seek a Zoning Variance to leave it in the current location? Thank You. Steven E. Fews Assistant Building&Fire Inspector Code Enforcement Village Of Rye Brook stevefews@ryebrook.o 914-939-0668 Ph 914-939-5801 fax From: mjatucci@aol.com [mailto:miatucci@aol.com] Sent: Wednesday, May 23, 2018 3:37 PM To:Steven Fews; Mike Izzo Cc: iames.monteleon@gmail.com; Ed Beane; ALiebman@kblaw.com;Tara Gerardi Subject: Re:Tucci -226 South Ridge Street Update 04.19.18 Mr. Fews Thank you for your response. I do not know why my information was incorrect. I believe we are filed now. Please let me know of any additional concerns. Thank you. -----Original Message----- From: Steven Fews <SteveFewsCcDryebrook.orq> To: mjatucci <mjatucci ,aol.com>; Mike Izzo <Mlzzo(a�_ryebrook.org> Cc:james.monteleon <iames.monteleon(Dgmail.com>; Ed Beane <ebeane(aD_kblaw.com>; ALiebman <ALiebman(a),kblaw.com>; Tara Gerardi <tgerardi ryebrook.org> Sent: Mon, May 21, 2018 3:40 pm Subject: RE: Tucci -226 South Ridge Street Update 04.19.18 Dear Mr. Tucci, please be advised I have checked with the other two Building Department employees, and as of today no application has been received in our office. Please double check with your hired professionals to see what is going on? Thank You. Steven E. Fews Assistant Building&Fire Inspector Code Enforcement Village Of Rye Brook stevefews@rvebrook.org 914-939-0668 Ph 914-939-5801 fax 5 From: miatucci@aol.com [mailto:miatucci@aol.com] Sent: Monday, May 21, 2018 3:06 PM To: Steven Fews; Mike Izzo Cc:Lames.monteleon@gmail.com; Ed Beane; ALiebman@kblaw.com;Tara Gerardi Subject: Re: Tucci - 226 South Ridge Street Update 04.19.18 Dear All, I just confirmed with Carlos from Peter Klein's office that the application was filed last week. I will await correspondence from the building department on next steps for approval. Please let me know if there are any issues in the meantime. Thank you and regards, Michael Tucci -----Original Message----- From: Steven Fews <SteveFews(cr)ryebrook.org> To: mjatucci <mjatucci(o)aol.com>; Mike Izzo <Mlzzo(a)ryebrook.orq> Cc:james.monteleon <james.monteleon(cD-g mail.com>; Ed Beane <ebeane(a)kblaw.com>; ALiebman <ALiebman(d-)kblaw.com>; Tara Gerardi <tgerardi(aDryebrook.org> Sent: Thu, Apr 19, 2018 3:09 pm Subject: RE: Tucci -226 South Ridge Street Update 04.19.18 Thank you Mr. Tucci, please keep us posted. Thank You. Steven E. Fews Assistant Building&Fire Inspector Code Enforcement Village Of Rye Brook stevefews@ryebrook.org 914-939-0668 Ph 914-939-5801 fax From: m'atucci@aol.com [mailto:mjatucci0)aol.com] Sent: Thursday, April 19, 2018 2:40 PM To: Steven Fews; Mike Izzo Cc: iames.monteleonC&gmail.com; Ed Beane; ALiebman@kblaw.com Subject: Re: Tucci - 226 South Ridge Street Update 04.19.18 Dear All, I went to the building department to submit the paperwork for the addition on Friday 4/13 and was told it was incomplete. I contacted my architect Peter Klein at (914) 934 1137 who is away and said he would be gone for a bit. He asked me to contact his associate Carlos at(914) 954 9618 and he would update and submit. I have left Carlos 2 messages and will follow up again with Peter Klein on Monday if I do not receive a response. Sorry for the delay, Michael Tucci <ZBA Application.pdf> 6 Printed: 04/29/2016 VILLAGE OF RYE BROOK PD Page: 1 At: 1+5:28:55 938 KING STREET RYE BROOK, NY 10573- (914) 937-1020 Entry/CC#: RB-001878-16 Date: 04/28/2016 Time: 05:45 Tour: 1Desk Officer: 1018 Call Type. . . . . : SEARCH WARRANT Priority. . : How Received: ADMINISTRATIVE Caller. . . . . : Bus. Name. . : VILLAGE OF RYE BROOK PD Address. . . . : 938 KING ST City/St/Zip: RYE BROOK, NY 10573- Call Back #: Location of Assignment: 226 SOUTH RIDGE STREET, RYE BROOK Cross Street. . . . . . . . . . Business Name. . . . . . . . . : Description. . . . . . . . . . . Disposition. . . . . . . . . . . : COMPLETED Post: 47 Dispatched: y Dispatched Date: 04/28/2016 Call Taker: 1018 OFFICERS INVOLVED Serial #:1015 Rank:SGT Name:TERENCE WILSON Serial #:1035 Rank:DET Name:RYAN P GILCHRIST Serial #: 1049 Rank:PO Name:LINDA M DEKONSKI ASSOCIATED NUMBERS PERSONS INVOLVED Name. . . . . . . . . . :VELEZ-FLORES, GULIEDA DOB:08/17/2014 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . . Sex. . . . . . . . . . . :F Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :GALINDO, SYURE DOB: 11/10/2008 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : Sex. . . . . . . . . . . :F Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :GALINDO, PAOLA DOB:04/25/2011 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : Sex. . . . . . . . . . . :F Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :VELEZ-FLORES, LUIS GABRIEL DOB: 05/15/1990 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY Phone Number. . : (914) 565-9027 Sex. . . . . . . . . . . :M Race: Person Type. . . :PERSON INTERVIEWED Entry/CC#: RB-001878-16 Date: 04/28/2016 Time: 05:45 Tour: 1Desk Officer: 1018 Page: 2 Name. . . . . . . . . . :TUCCI, MICHAEL J DOB: Address. . . . . . . :226 SOUTH RIDGE STREET City/State/Zip:RYE BROOK, Phone Number. . : (914) 939-0139 Sex. . . . . . . . . . . . Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :MEJIA, KAROL A DOB: 11/16/1990 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 510-4909 Mobile Number. . : (914) 752-8880 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :GARCIA, HEIDY FRANCO DOB:07/30/1977 Address. . . . . . . :226 SOUTH RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 434-9998 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :ZAYAS, ROSA MARIA DOB:12/30/1958 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 621-7271 Business Number. . : (914) 931-4752 Mobile Number. . : (914) 506-1288 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :MONTELEONE, JIMMY R DOB: 12/12/1963 Address. . . . . . . :226 S. RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 564-5698 Sex. . . . . . . . . . . :M Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :RAMOS, DOMINGA CONTRERAS DOB:01/23/1989 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 565-9027 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :GALINDO, LUIS MIGUEL DOB:09/24/1985 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 482-8780 Sex. . . . . . . . . . . .M Race: Person Type. . . :PERSON INTERVIEWED Entry/CC#: RB-001878-16 Date: 04/28/2016 Time: 05:45 Tour: 1Desk Officer: 1018 Page: 3 NARRATIVE 1049:04/28/2016 07:25 - Executed search warrant with building department at 226 S. Ridge Street. Printed: 04/29/2016 BLOTTER SUPPLEMENTAL NARRATIVE REPORT Page: 1 Department:VILLAGE OF RYE BROOK PD Blotter/CC #: RB-001878-16 Narrative #: 1 Officer Rank/Name: PO LINDA M DEKONSKI Narr: 1049:04/28/2016 07:26 - At approximately 0605 hours, this officer, Det. Gilchrist, D/Sgt Wilson and Officer Rampolla executed a search warrant with Steve Fews and Mickey Izzo of the Rye Brook Building Department at 226 S. Ridge Street, Rye Brook. Entry to the residence was granted by Heidy Garcia (P12) . Upon entering the main floor of the residence, a copy of the search warrant was provided to Karol Mejia (PI1) , who advised she understood the search warrant. Ms. Mejia advised that she lived in a bedroom on the main floor and that Ms. Garcia lived upstairs with her husband Luis Galindo and her two daughters, Paola and Syure. Ms. Garcia stated that her cousin Luis Velez-Flores also lived upstairs in the second bedroom, with his wife Dominga Ramos and their daughter Gulieda. Ms. Mejia advised that James Monteleone lived in the downstairs apartment and that his girlfriend, Rosa Zayas (PI3) , stayed with him. Ms. Mejia stated that she nor Ms. Garcia had seen Mr. Monteleone at the apartment since January. Ms. Mejia further stated that Mr. Monteleone typically leaves for work at approximately 0700 hrs but she hasn't seen him. Ms. Mejia further stated that Mr. Monteleone moved in at the same time as her, approximately two years ago. Upon entry to the basement apartment, this officer spoke with Ms. Zayas who advised that she lived in the apartment. Ms. Zayas also advised that she resided at 175 Main Street, White Plains, the location of her business, La Palabra Court Reporting, LLC. Ms. Garcia stated that she was not legally represented by Mr. Monteleone as he had stated in the past. Steve Fews and Mike Izzo took photographs of the basement apartment in the residence on their cell phones. The search was completed at approximately 0653 hrs. Signature D.O. : Sqd. Superv. : C.O. : v.LLLf'kUP! UY RYE BROOK PD At: 15:28:55 Page: 1 938 KING STREET RYE BROOK, NY 10573- (914) 937-1020 Entry/CC#: RB-001878-16 Date: 04/28/2016 Time: 05:45 Tour: 1Desk Officer: 1018 Call Type. . . . . : SEARCH WARRANT Priority. . : How Received:ADMINISTRATIVE Caller. . . . . : Bus. Name. . : VILLAGE OF RYE BROOK PD Address. . . . : 938 KING ST City/St/Zip: RYE BROOK, NY 10573- Location of Assignment: 226 SOUTH RIDGE STREET, RYE BROOK Call Back #: Cross Street. . . . . . . . . . ; Business Name. . . . . . . . . Description. . . . . . . . . . . Disposition. . . . . . . . . . . : COMPLETED Post: 47 Dispatched: y Dispatched Date: 04/28/2016 Call Taker: 1018 OFFICERS INVOLVED Serial #: 1015 Rank:SGT Name:TERENCE WILSON Serial #:1035 Rank:DET Name:RYAN P GILCHRIST Serial #: 1049 Rank:PO Name:LINDA M DEKONSKI ASSOCIATED NUMBERS PERSONS INVOLVED Name. . . . . . . . . . :VELEZ-FLORES, GULIEDA DOB:08/17/2014 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : Sex. . . . . . . . . . . :F Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :GALINDO, SYURE DOB: 11/10/2008 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . . Sex. . . . . . . . . . . :F Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :GALINDO, PAOLA DOB:04/25/2011 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : Sex. . . . . . . . . . . .F Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . •VELEZ-FLORES, LUIS GABRIEL Address. . . . . . . :226 S RIDGE ST DOB:OS/15/1990 City/State/Zip:RYE BROOK, NY Phone Number. . : (914) 565-9027 Sex. . . . . . . . . . . :M Race: Person Type. . . :PERSON INTERVIEWED .,,-nury/CC#: RB-001878-16 Date: 04/28/2016 Time 05:45 Tour: 1Desk Officer: 1018 Page.: Name. . . . . . . . . . :TUCCI, MICHAEL J DOB: Address. . . . . . . :226 SOUTH RIDGE STREET City/State/Zip:RYE BROOK, Phone Number. . : (914) 939-0139 Sex. . . . . . . . . . . . Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :MEDIA, KAROL A DOB:11/16/1990 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 510-4909 Mobile Number. . : (914) 752-8880 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :GARCIA, HEIDY FRANCO DOB:07/30/1977 Address. . . . . . . :226 SOUTH RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 434-9998 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :ZAYAS, ROSA MARIA DOB:12/30/1958 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 621-7271 Business Number. . : (914) 931-4752 Mobile Number. . : (914)506-1288 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :MONTELEONE, JIMMY R DOB:12/12/1963 Address. . . . . . . :226 S. RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 564-5698 Sex. . . . . . . . . . . :M Race: Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :RAMOS, DOMINGA CONTRERAS - DOB: 01/23/1989 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 565-9027 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :GALINDO, LUIS MIGUEL DOB:09/24/1985 Address. . . . . . . :226 S RIDGE ST City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 482-8780 Sex. . . . . . . . . . . :M Race: Person Type. . . :PERSON INTERVIEWED Entry/CC#: RB-001878-16 Date: 04/28/2016 Ti.me: 05:45 lour: 1Desk Officer. : 1018 Page: NARRATIVE 1049:04/28/2016 07:25 - Executed search warrant with building department at 226 S. Ridge Street. aurel-kMr;NTAL NARRATIVE REPORT Page: I Department :VILLAGE OF RYE BROOK PD Blotter/CC #: F,B-001878-16 Narrative #: 1 Officer Rank/Name: PO LINDA M DEKONSKI Narr: 1049:04/28/2016 07:26 - At approximately 0605 hours, this officer, Det. Gilchrist, D/Sgt Wilson and Officer Rampolla executed a search warrant with Steve Fews and Mickey Izzo of the Rye Brook Building Department at 226 S. Ridge Street, Rye Brook. Entry to the residence was granted by Heidy Garcia (PI2) . Upon entering the main floor of the residence, a copy of the search warrant was provided to Karol Mejia (PI1) , who advised she understood the search warrant. Ms. Mejia advised that she lived in a bedroom on the main floor and that Ms. Garcia lived upstairs with her husband Luis Galindo and her two daughters, Paola and 13yure. Ms. Garcia stated that her cousin Luis Velez-Flores also lived upstairs in the second bedroom, with his wife Dominga Ramos and their daughter Gulieda. Ms. Mejia advised that James Monteleone lived in the downstairs apartment: and that his girlfriend, Rosa Zayas (PI3) , stayed with him. Ms. Mejia stated that she nor Ms. Garcia had seen Mr. Monteleone at the apartment since January. Ms. Mejia further stated that Mr. Monteleone typically leaves for work at approximately 0700 hrs but she hasn't seen him. Ms. Mejia further stated that Mr. Monteleone moved in at the same time as her, approximately two years ago. Upon entry to the basement apartment, this officer spoke with Ms. Zayas who advised that she lived in the apartment. Ms. Zayas also advised that she resided at 175 Main Street, White Plains, the location of her business, La Palabra Court Reporting, LLC. Ms. Garcia stated that she was not legally represented by Mr. Monteleone as he had stated in the past. Steve Fews and Mike Izzo took photographs of the basement apartment in the residence on their cell phones. The search was completed at approximately 0653 hrs. Signature D.O. : Sqd. Superv. : C.O. : a►1.luJ.j JUSTICE COURT OF THE TOWN OF RYE V STATE OF NEW YORK: COUNTY OF WESTCHESTER -- ----------- -------- -- X PEOPLE OF THE STATE OF NEW YORK, -against- KAROL MEJIA, No . 8. 0129 Defendant. Be it known that I, Steven E. Fews the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook,NY,do hereby accuse the defendant(s)named above,residing at 226 South Ridge St. Rye Brook,NY 10573,the tenant of the property at which the following offenses were committed,at 226 South Ridge Street in the Village of Rye Brook,New York, on the 28i'day of April,2016,at or about 6:15 am o'clock. COUNT ONE: Code of the Villaee of Rye Brook 6250-25.A.and 6250-12. Permitted Principal Uses TO WIT: The above-named defendant did allow or cause to allow occupancy of the basement in the single-family residence at the address described above as a separate dwelling unit, in that such basement occupant is unrelated in a familial way to Karol Mejia, or to Ms. Mejia's Child Day-Care Facility being operated on the first floor of the subject dwelling,or to the seven other individuals found to be occupying the first& second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets & countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. In addition to the basement dwelling unit, the defendant allowed two bedrooms at the property described above to be separated by a locked door and occupied by two separate families. COUNT TWO: Code of the Villaee of Rye Brook 6250-10.A.and 6250-12.Certificate of Occupancv Required TO WIT: The defendant did allow or cause to allow occupancy of the basement in the single-family residence at the above-mentioned address as a separate dwelling unit, without a Certificate of Occupancy, in that such basement occupant is unrelated in a familial way to Karol Mejia, or to Ms. Mejia's Child Day-Care Facility being operated on the first floor of the dwelling, or to the seven other individuals found to be occupying the first& second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets&countertop,cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. In addition to the basement dwelling unit, the defendant allowed two bedrooms at the property described above to be separated by a locked door and occupied by two separate families without a Certificate of Occupancy permitting said use. All the above is contrary to the provisions of the statutes in such case made and provided. The above allegations of fact are made by the complainant herein on direct knowledge (and upon information and belief), the source of which being inspections of the premises on May 1P 2015 and April 28, 2016, including the attached photographs taken on these dates by me and/or the Building Inspector, Michael Izzo in my presence, showing the conditions as described above, and Building Department records. Any false statements made herein are punishable as a Class"A" Misdemeanor pursuant to§210.45 of m NY Penal Law. - ' Doted C En cement r APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye, 350 North Main Street, Port Chester, New York 10573,(914)-939-3305, at; 9:00am on the 181° day of May 2016, in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAY BE ISSUED R YOUR ARREST 51�{ , � oeted Coee Enro' r- m m i o �n ---- -- E Certified Mail BUILDING DEPARTMENT Hand Delivered 1 VILLAGE OF RYE BROOK 938 KING STREET,RYE BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 www.ryebrook.org NOTICE OF VIOLATION AND ORDER TO REMEi)Y SAME TENANVOM PANT: KAROL MEDIA VIOLATION#: E 1011 226 SOUTH RIDGE STREET NOTICE#: 1't RYE BROOK NY 10573 S.B.L.: 141.35- 2-34 The following violations of the Code of the Village of Rye Brook,and or the New York State Uniform Fire Prevention& Building Code were found to exist at,226 SOUTH RIDGE STREET located in an, RR=2F zoning district, in the County of Westchester. Village of Rye Brook,NY on,APRIL 28T" 201¢. CODE SECTION& TITLE DESCRIPTION New York State Property Maintenance 404.1 Bedroom Requirements. - Bedroom(s) found being occupied by 4 persons. 50 square feet per person is Required. (2" floor). New York State Property Maintenance Code 704.2 Smoke Alarms -Smoke Detectors required in each bedroom and outside each bedroom New York State Property Maintenance Code 705.1 Carbon Monoxide Alarms-Carbon Monoxide detectors required on each level of sleeping rooms New York State Property Maintenance Code 306.1 Handrails and Guardrails - Every exterior and interior flight of stairs having more than 4 risers shall have a handrail on one side of the stair... New York State Residential Code R311.5.3 3 Profile(Stair Cases) A nosing not less than'/. inch but not more than 1 % inch shall be provided on stairways with solid risers. Villaee of Rye Brook Code 186-2.A Trimmine of Brush Removal of Hazards- Rear yard found accumulated with garbage, rubbish, refuse and/or discarded items. (see photos)areas must be maintained in a clean and safe manner Villat?e of Rye Brook Code 91-2.A(1) Buildine Permit Required; exceptions -One Story detached sheds must comply with property line setback regulations. Minimum 5feet off property lines You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be completely cured by no later than, June 5't' 2016, which is thirty (30)days after the date of this notice and are returnable at the rate of$1,000.00/day for each day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the premises is required by law to confirm compliance with this notice& all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BY FINES IMPRISONMENT OR BOTH. O BUILDING INSPE6tdR ASSISTANT BUILDING INSPECTOR JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER ���_----- -------- ------------_---- X PEOPLE OF THE STATE OF NEW YORK, -against- MICHAEL TUCC1, and MARGERITA TUCCI No . E. 0127 Defendant. Be it known that I, Steven E. Fews the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook, NY do hereby accuse the defendant(s) named above, residing at 95 Freemont Street, Harrison, NY 10528, who is the property owner of 226 South Ridge Street, Rye Brook, NY at which the following offenses were committed on the 28'h day of April,2016,at or about 6:15 am o'clock; COUNT ONE: Cade of the Village of Rye Brook 4250-25 A Two Family Residential Districts Permitted Principal Uses TO WIT: The above-named defendant did allow or cause to allow occupancy of the basement in the single-family residence at the address described above as a separate dwelling unit, in that such basement occupant is unrelated in a familial way to Karol Mejia, or to Ms. Mejia's Child Day-Care Facility being operated on the first floor of the subject dwelling,or to the seven other individuals found to be occupying the first&second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets & countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. In addition to the basement dwelling unit, the defendant allowed two bedrooms at the property described above to be separated by a locked door and occupied by two separate families. COUNT TWO: Code of the Village of Rye Brook 6250-9.A Building Permits& Licenses TO WIT: The defendant did allow or cause to allow the installation of an entrance door with a keyed lock separating the basement space from the First floor at the above described address without a permit and in violation of the approved plans. COUNT THREE: Code of the Village of Rye Brook 250-IO.A.Certificate of Occupancy Required TO WIT: The defendant did allow or cause to allow occupancy of the basement in the single-family residence at the above- mentioned address as a separate dwelling unit, without a Certificate of Occupancy, in that such basement occupant is unrelated in a familial way to Karol Mejia, or to Ms. Mejia's Child Day-Care Facility being operated on the first floor of the dwelling, or to the seven other individuals found to be occupying the first& second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets & countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. In addition to the basement dwelling unit, the defendant allowed two bedrooms at the property described above to be separated by a locked door and occupied by two separate families without a Certificate of Occupancy permitting said use. All the above is contrary to the provisions of the statutes in such case made and provided The above allegations of fact arc made by the complainant herein on direct knowledge(and upon information and belief), the source of which being inspections of the premises on May IP 2016,and again on April 28'A 2016,including the attached photographs taken on these dates by me and/or the Building Inspector,Michael lvo in my presence,showing the conditions described above,and Building Department records.Any false statementz made herein are punishable as a Class"A"%ii emeanor pursuant to§210.45 of the NY Penal law. _ 5 Z baled Code Enforcement ofnc& - APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye,350 North Main Street, Port Chester, New York 10573,(914)-939-3305,at; 9:OOam on the 18'h day of May 2016,in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAY BEASSUED FOR NUR ARREST � 2DtbAL t)ated Cone En orcettxnt txTi«r - JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER X PEOPLE OF THE STATE OF NEW YORK, -against- MICHAEL TUCCI,AND MARGHERITA TUCCI No. E . 0128 Defendant. Be it known that I, Steven E. Fews the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook, NY, do hereby accuse the defendant(s) named above, residing at 95 Freemont St. Harrison NY 10528, the property owner of 226 South Ridge Street, Rye Brook, NY, at which the following offenses were committed on the 28u'day of, April 2016, at or about 6:15 am o'clock. COUNT ONE: Code of the Village of Rye Brook$250-9.A. Buildine Permits& Licenses TO WIT: The defendant did allow or cause to allow the rear, one story, elevated addition to be constructed at the address described above without a permit. COUNT TWO: Code of the Village of Rye Brook§250-10.A. Certificate of Occupancy Required TO WIT: The defendant did allow or cause to allow the occupancy of the rear elevated addition as a bedroom for the first floor tenant at the address described above as shown in the attached photographs, without a Certificate of Occupancy. COUNT THREE:,Code of the Village of Rye Brook 4113-6 Electrical Permit Required TO WIT: The defendant did allow or cause to allow electrical wiring to be installed in the rear elevated addition at the premises described above without an electrical pen-nit. COUNT FOUR: Code of the Village of Rye Brook 6113-11. Electrical Inspection Required TO WIT: The defendant did allow or cause to allow electrical circuits to be placed into service at the address described above without an electrical inspection. All the above is contrary to the provisions of the statutes in such case made and provided. The above allegations of fact are made by the complainant herein on direct knowledge (and upon information and belief), the source of which being an inspection(s) of the premises on, April 28"' 2016 and Building Department records. Any false statements made herein are punishable as a Class"A"Misdemeanor pursuant to §210.45 a Penal Law. Dated Code Enfo mu"ofrioer APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye, 350 North Main Street, Pon Chester, New York 10573,(914)-939-3305, at; 9:00am on the 18'k day of May 2016, in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAY BE ISSUED FOR YOUR ARREST 51�laol.� IbIcd Code Enforcemrnt ofric --— Certified Mail BUILDING DEPARTMENT Hand Delivered VILLAGE OF RYE BROOK *a . 938 KING STREET,RYE BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 www.rvebrook.org NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OwNER(S): MICHAEL and/or MARGHERITA TUCCI VIOLATION#: E 1010 95 FREEMONT STREET NOTICE#: I't HARRISON NY 10528 S.B.L.: 141.35- 2-34 The following violations of the Code of the Village of Rye Brook,and/or the New York State Uniform Fire Prevention& Building Code were found to exist at,226 SOUTH RQQE STREET located in an, R_2F zoning district, in the County of Westchester, Village of Rye Brook,NY on,APRIL 28Tri2016 CODE SECTION&TITLE DESCRIPTION New York State Property Maintenance 404.1 Bedroom Requirements. -Bedroom(s) found being occupied by 4 persons. 50 square feet per person is Required. (2d floor). New York State Property Maintenance Code 704.2 Smoke Alarms -Smoke Detectors required in each bedroom and outside each bedroom New York State Property Maintenance Code 705.1 Carbon Monoxide Alarms-Carbon Monoxide detectors required on each level of sleeping rooms New York State Property Maintenance Code 306.1 Handrails and Guardrails- Every exterior and interior flight of stairs having more than 4 risers shall have a handrail on one side of the stair... New York State Residential Code R311 5 3.3 Profile(Stair Cases) - A nosing not less than''4 inch but not more than 1 '14 inch shall be provided on stairways with solid risers. Village of Rye Brook Code 186-2 A Trimming of Brush Removal of Hazards- Rear yard found accumulated with garbage, rubbish, refuse and/or discarded items.(see photos)areas must be maintained in a clean and safe manner Village of Rye Brook Code 91-2.A(1) Building Permit Required; exceptions - One Story detached sheds must comply with property line setback regulations. Minimum 5'feet off property lines You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be completely cured by no later than, June 5t" 2016, which is thirty (30) days after the date of this notice and are returnable at the rate of$1,000.00/day for each day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the premises is required by law to confirm compliance with this notice& all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE 13 A CRIME PUNISHABLE BY , IMPRISONMENT OR BOTH. ( ) BUILDING INSPECTOR ( ASSISTANT BUILDING INSPECTOR 0 .Fy J,; JUSTICE COURT OF THE TOWN OF RYE t`w� STATE OF NEW YORK: COUNTY OF WESTCHESTER -- _—__—_ -------- X PEOPLE OF THE STATE OF NEW YORK, -against- ROSA MARIA ZAYAS, No . E . 0124 Defendant. Be it known that I, Steven E. Fews the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook,do hereby accuse the defendant(s)named above, residing at 226 South Ridge Street, Rye Brook,NY,who is the occupant of the pro ,Xerty at which the following offenses were committed,at, 226 South Ridge St. in the Village of Rye Brook New York, on the 28 day of, April 2016,at or about 6:15 am,o'clock. COUNT ONE: Code of the Village of Rve Brook 6250-25.A and V50-12 Permitted Principal Uses TO WIT: The defendant occupies the basement in the single-family residence at the above-mentioned address as a separate dwelling unit, in that such defendant is unrelated in a familial way to the first floor occupant or to the first floor occupant's child day-care facility being operated on the first Floor of the dwelling,or to the seven other individuals found to be occupying the first& second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets & countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. COUNT TWO: Code of the Village of Rye Brook 4250-10 A and 4250-12 Certificate of Occupancy Required TO WIT: The defendant occupies the basement in the single-family residence at the above-mentioned address as a separate dwelling unit without a Certificate of Occupancy for such use, in that such defendant is unrelated in a familial way to the first floor occupant or to the first floor occupant's child day-care facility being operated on the first floor of the dwelling, or to the seven other individuals found to be occupying the first& second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets &countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor, without a Certificate of Occupancy for such basement separate dwelling unit. All the above is contrary to the provisions of the statutes in such case made and provided. The above allegations of fact are made by the complainant herein on direct knowledge(and upon information and belief),the source of which being an inspection(s)on, April 28h 2016,and the attached photographs taken on that date by me and/or the Building Inspector, Michael Izzo,and Building Department records. Any false statements made herein are punishable as a Class"A" Misdemeanor pursuant to §210.45 of the NY Penal Law. 51g 116 E*ed Code Enki&mm 04kcr - APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye, 350 North Main Street, Port Chester, New York 10573, (914)-939-3305, at: 9:00am on the 18'h day of May 2016, in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAY B ISSUED FOR YOUR ARREST 5 5f5)16 hated _Code Enforameat t --- - Certified Mail BUILDING DEPARTMENT Hand Delivered VILLAGE OF RYE BROOK -� 938 KING STREET,RYE BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 www.ryebrook.org NOTICE OF VIOLATION AND QRDER TO REMEDY SAME OCCUPANT/TENANT ROSA MARIA ZAYAS VIOLATION#: E 1013 226 SOUTH RIDGE STREET NOTICE#: ISO RYE BROOK NY 10573 S.B.L.: 141.35- 2-34 The following violations of the Code of the Village of Rye Brook,and/or the New York State Uniform Fire Prevention& Building Code were found to exist at,226 SOUTH RIDGE STREET located in an, R-2F zoning district, in the County of Westchester, Village of Rye Brook,NY on,APRIL 28T" 2016. CODE SECTION&TITLE DESCRIPTION New York State Property Maintenance Code 704.2 Smoke Alarms - Smoke Detectors required in each bedroom and outside each bedroom New York State Property Maintenance Code 705.1 Carbon Monoxide Alarms-Carbon Monoxide detectors required on each level of sleeping rooms Villa a of Rye Brook Code 186-2.A Trimmine of Brush Removal of Hazards- Rear yard found accumulated with garbage, rubbish,refuse and/or discarded items.(see photos)areas must be maintained in a clean and safe manner You are hereby directed to contact this department, obtain all necessary permits& commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be completely cured by no later than, June 5`b 2016, which is thirty (30) days after the date of this notice and are returnable at the rate of$1,000.00/day for each day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the premises is required by law to confirm compliance with this notice& all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BYZ- 1 MPRISO[IMENT OR BOTH. ( ) BUILDING INSPECTOR ASSISTANT BUILDING INSPECTOR JUL 2 21016 VIL BUI D NG F RYE BROOK �EPgRTMENT July 15, 2016 EDWARD F. BEANE Senior Counsel SETTLEMENT DOCUMENT cbcanc[Qkbiaw.com VIA EMAIL james.monteleon&,mw7.com AND FIRST-CLASS MAIL James R. Monteleon, Esq. 445 Hamilton Avenue, Suite 607 White Plains, NY 10601 Re: People v. Michael and Marghedta Tucci 226 South Ridge Street Summons Nos.: 1015; E0127; E0128 Dear Mr. Monteleon: The Tucci Defendants must insure that each of the following tasks is accomplished: • All unlawful occupants currently residing or occupying the premises must surrender possession and vacate the premises within sixty (60) days from the (;1 date of the execution of a stipulation of settlement of this matter (the 7ayas vv individuals) so that the sole lawful occupant of the premises is Ms. Karol Mejia and her immediate family. • With respect to that family, Ms. Mejia agrees to inform the Village of Rye Brook of the identity of the individuals who will be living at 226 Ridge Street as part of her immediate family (a single family occupancy). She also agrees C� that no more than three persons including adults and children can occupy �J each of the two bedrooms located on the second floor of the residence in accordance with New York State Code. With respect to the bedroom on the lower floor, which, on information and belief, is used as part of the Day Care Center, Ms. Mejia can occupy that as her room as part of her immediately family. • The currently existing basement kitchen, including all kitchen cabinets, countertops, shelves, kitchen appliances, cooking facilities, fixtures and appurtenances thereto must be removed from the premises within thirty(30) days of the execution of the Stipulation of Settlement. 1313/179/568686v 1 7115116 James R. Monteleon, Esq. July 15, 2016 Page 2 • The Tucci Defendants represent that there are no existing leases for the premises with respect to the Zayas individuals. With respect to the Mejia r, Defendant if there is a lease in existence, the Mejia Defendant shall produce such lease to the Village. If there is no lease, the Mejia Defendant shall so represent. • The parties agree that if Ms. Karol Mejia materially violates her obligations under the Stipulation of Settlement, she will be compelled by the Tucci Defendants to vacate the premisesV within sixty (60) days. 1_ ' • The kitchen plumbing, mechanical elements and electric hookups in the O(/ basement must be removed and the walls and ceilings properly patched and painted within thirty (30) days from the execution of the Stipulation of *No gas lines in kitchen are Settlement. With respect to any natural gas lines, all natural gas lines shall be Sox cooking.however, Z�C�40 removed and capped back to the gas main, or Defendant Tucci shall representt are is heated by g, that there is no natural gas line in the basement. With respect to the electrical ,There are no dedicated hookups, all dedicate electric lines must be removed back to the electrical electrical lines in the box. All non-dedicated outlets can remain. With respect to plumbing, beactnent area plumbing fixtures must be removed and capped behind the walls. All walls Removal of phunbing Land ceilings must be properly patched and painted. fixtares,discuss fiuther. • The basement partition wall, door and doorway separating the utility room and the laundry room from the remainder of the finished basement must be removed and the remaining surfaces properly patched and painted within thirty (30) days of the execution of the Stipulation of the settlement of this matter. • New ten-year battery powered smoke detectors and ten-year battery powered carbon monoxide detectors must be installed throughout the entire dwelling as V required by New York State Code,within thirty (30) days of the execution of V the Stipulation of Settlement in this matter. • The rear addition and the staircase, which are currently illegal in that there is no CO, must be legalized or removed in accordance with the timetable set forth below. The application to legalize the rear addition and staircase must be submitted to the appropriate Village Department and/or Board within thirty (30) days of the execution of this Stipulation and the Tucci Defendants must diligently pursue said application. Legalization must be accomplished within six (6) months unless the process has been commenced and diligently pursued and additional time is necessary. If such is the case, the Tucci 1313/179/568686v1 7115116 James R. Monteleon, Esq. July 15, 2016 Page 3 Defendants must notify the Village of Rye Brook not less than thirty (31) days from the expiration of the six months that additional time is needed and must change include in that notification the amount of additional time requested, which "must ( . must be approved by the Village's Building Department. to'shall r C(� • The staircase cannot be used pending its legalization and must be closed off. • The shed in the rear yard of the house must be removed or legalized in accordance with the Village Code. If the Tucci Defendants decide to remove the shed, it must be completed within forty-five (45) days of the execution of the Stipulation of Settlement of this matter and the appropriate permit must be secured prior to its removal. The Tucci defendants'will • The Tucci and Mejia Defendants must each represent in the Stipulation and epres They rent to Mejia and her J�(� on the Record, under oath, the entire house is being occupied only by Ms. sister and sister's children. Mejia and her immediate family as a single family residence, and not also by *Use must be in accordance J J Mr. and Mrs. Tucci or anyone else. The Tucci Defendants also must with the Village and State fire represent and agree the house may only be occupied as a single-family home codes- VW C; and not occupied or used as a two-family or multi-family home or rooming theme Tticcis do not reside house. *They rent as a single family home,not as a 2 family,multi • Upon the occupants of the house (Zayas) (other than Ms. Mejia and her family,or rooming horse, immediate family) forfeiting possession or vacating the premises, all pending charges shall be dismissed against them. Upon completion of the work *Basement outlined above, all charges will be dismissed against Ms. Mejia. Upon the area cleaned execution of a Stipulation or a Stipulation, and the satisfaction of all of the out bullet points in the letter, the Village of Rye Brook agrees to accept a plea of guilty to a single violation from Michael and Marguerite Tucci, and will agree *Discuss fine to accept a total fine of$1,500,00, payable within thirty (30) days of the date the guilty plea for the violation is entered. • The guilty plea will be conditioned upon the Tucci Defendants and the Ms. Mejia permitting the Rye Brook Building Inspector,Assistant Building See attached Inspector or their designee to conduct quarterly inspections for a period of changes to one year after the date of the final disposition, at reasonable hours, to insure this section. the house only will be occupied and utilized as a single-family residence and in conformance with the Village Code and the New York State Uniform Fire Prevention Building Code. If, upon inspection, the Building Inspector or Assistant Building Inspector find that the house is being occupied in violation of the Building Code or New York State Uniform Fire Prevention and 1 3 1 311 7915 6 8 68 6Y 17115116 James R. Monteleon, Esq. July 15, 2016 Page 4 Building Code as a two-family, multi-family or rooming house, all current charges against the Tucci Defendants will be restored to the calendar and the Tucci Defendants and Ms, Mejia will once again be required to appear in Rye Town Court. Should you have any questions on these conditions above or the legalization process, please feel free to reach out to my office or to the Rye Brook Building Inspector. Very truly yours, P Edward F. Beane ��� EFB/sj cc: Clement Patti, Esq. 131311791568686vl 7115116 Additions in brackets. The guilty plea will be conditioned upon the Tucci Defendants and Ms. Mejia [(as long as she resides in the residence)] permitting the Rye Brook Building Inspector, Assistant Building Inspector or their designee to conduct quarterly inspections for a period of one year after the date of the final disposition, at reasonable hours, to insure the house only will be occupied and utilized as a single-family residence and in conformance with the Village Code and the New VerI) State gniferm ja'ire Prevention Building reEle [All uaa inspections shall be upon notice to Defendants' counsel and at a reasonable hour.] If, upon inspection, the Building Inspector or Assistant Building Inspector find that the house is being occupied in violation of the [Village] Building Code sir New Vert State Uniform Fire Prevention nnrl Bu lding (' E V b.. York 1 al State as a two-family, multi-family, or rooming house, [the Village of Rye Brook shall notify the Tucci defendants of said violation, in writing, via personal delivery or by US certified mail. Within 60 days of said notice, the Tucci defendants must commence and diligently prosecute eviction proceedings against all tenants. If the Tucci defendants fail to do so, then] all current charges against the Tucci Defendants will be restored to the calendar and the Tucci Defendants and Ms. Mejia [(if she still resides in the residence)] will once again be required to appear in Rye Town Court. O v K; 44 ;o o cq w Z ,-, v u a �" V -14 v ° ° W v Q o 'd cn W �+ O H o o - v Z W o ° ON U x o x o x ao ZO Oa3 �' N4 p :b NW .� � � QOZ � z LVD a u o N ° aU � 4-4 1-4 JUSTICE COURT: TOWN OF RYE COUNTY OF WESTCHESTER: STATE OF NEW YORK ------------------------------------------------------------------------------X Matter of the Application of the VILLAGE OF RYE BROOK, by Steven Fews,Assistant Building Inspector for the Village of Rye Brook, acting in the course of his official duties for a warrant authorizing the search of 226 SOUTH RIDGE STREET, Rye Brook, New York,identified on Village tax AFFIRMATION IN SUPPORT assessment maps as Section 941.75, Block 2,Lot 43, OF APPLICATION FOR owned by MICHAEL TUCCI, for inspection of the SEARCH WARRANT premises to determine whether the finished basement is being occupied as a separate dwelling unit in violation of the Rye Brook Village Code. ----------------------------------------------------------------------------X COURTNEY E. MCGOWAN, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following pursuant to Section 2106 of the Civil Practice Law and Rules: 1. I am an associate of the law firm of Keane & Beane, P.C., White Plains, New York. Our office is the Village Attorney for the Village of Rye Brook, New York (the "Village") and I am fully familiar with the above-captioned enforcement matter with respect to the real property located at 226 South Ridge Street, Rye Brook, New York (the "Premises"), owned by Michael Tucci (the "Owner"). I submit this affirmation in support of the Village's application for a warrant to inspect the Premises. 2. The Premises is located in the R-2F, One and Two Family Zoning District. It has a valid Certificate of Occupancy ("CO") for only single-family use. 3. The Owner was charged with three violations of the Code of the Village of Rye Brook with regard to the Premises: (1) Section 250-10, Failure to Obtain a Certificate of Occupancy, to wit, allowing or causing to allow the basement of the a single-family home to be occupied by individuals as a separate habitable space without a Certificate of Occupancy issued by the Building Inspector; (2) Section 250-25, Permitted Uses in R-2F (Two-family Zone), to wit, allowing or causing to allow a single-family home to be divided and/or operated as a two-family dwelling with separate dwelling units without five (5) off-street parking spaces, as required under Sections 250-25 and 250-6 of the Village Code; (3) Section 250-9, Building Permit Required, to wit, allowing or causing to allow construction, alteration, installation and/or conversion work at the Premises without the required building permit, including, but not limited to interior renovations for the illegal basement apartment. 4. On several occasions, I requested permission for the Assistant Building Inspector, Steven Fews ("Mr. Fews"), to inspect the premises in order to ensure compliance with the Code, through the Owner's attorney,James Monteleon ("Mr. Monteleon'�. 5. On December 9, 2015 when conferencing the matter with Mr. Monteleon in court, the Village requested that the Owner, or Mr. Monteleon, call the Building Department to schedule an inspection of the Premises. 6. Instead of scheduling an inspection, Mr. Monteleon requested a meeting with Mr. Fews at the Building Department. Mr. Fews agreed to meet with Mr. Monteleon and they set an appointment for a meeting on December 15, 2015. 7. On December 9, 2015, the matter was adjourned for compliance and for further discussions between the Village and Mr. Monteleon. 8. The Village had an unavoidable conflict on December 15, 2015 and was unable to attend the meeting with Mr. Monteleon. 9. On January 19, 2016, having not heard from Mr. Monteleon, I followed up to schedule a new date for a meeting and to discuss the inspection. -2- 10. On January 27, 2016, Mr. Monteleon indicated he could not meet with the Village until the end of February. 11. On or about February 9, 2016, I asked Mr. Monteleon to schedule a time for the Village to conduct an inspection and he indicated we would discuss the inspection when we meet. 12. After several attempts at finding a mutually acceptable date for a meeting, an appointment was set for March 4, 2016 at 3:00 pm. 13. On February 9, 2016, Mr. Monteleon sent a letter to the Court requesting an adjournment of the February 10, 2016 court date to March 23, 2016. 14. On March 4, 2016 I met Mr. Fews at 3:00 pm at the Building Department to meet with Mr. Monteleon. We waited for some time and then called his office around 3:30 pm. Another attorney at his office stated he believed Mr. Monteleon was out of town and he was not sure if Mr. Monteleon was on his way to meet with us. 15. By the next court date, on March 23, 2016, the Village was still unable to gain access to the premises to conduct an inspection. In Court Mr. Monteleon stated the Owner consented to an inspection, which was to occur before the next court date. The matter was adjourned to April 20, 2016 for said inspection and for compliance. 16. On March 30, 2016, 1 again requested a date and time for the inspection from Mr. Monteleon, to no avail. 17. On April 19, 2016, Mr. Monteleon sent a letter to the Court requesting an adjournment of the appearance on April 20, 2016. On April 19, 2016, 1 advised Mr. -3- Monteleon that I was unable to consent to any further adjournment requests. On April 20, 2016, both Mr. Monteleon and the Owner did not appear in Court. 18. To date, Mr. Fews has not been granted access to conduct an inspection of the Premises, despite diligent and repeated efforts. As set forth in the accompanying Affidavit of Steven Fews sworn to on April 26, 2016, the Village has probable cause to believe unsafe living conditions exist at the Premises in the form of an unpermitted basement occupancy. WHEREFORE, I respectfully request that this Court issue a warrant and order of seizure in the form annexed, authorizing a search of the premises at 226 South Ridge Street, Rye Brook, New York, also identified as Section 941.75, Block 2, Lot 43 on the Village Tax map, owned by Michael Tucci, for evidence of a separate dwelling unit in violation of Sections 250- 10, 250-25 and 250-9 of the Code of the Village of Rye Brook, to wit, a portion of the finished basement separated by a locked door, and any violations of the New York State Building and Fire Prevention Code, and that if such evidence be found, that it be seized and brought before the Court; together with such other and further relief as the Court may deem proper. Dated: White Plains, New York April 26, 2016 Courtn y E. Mc wan -4- O O aA H a O W cq CJ a� O p, '3 PLO a, CD W C: ° u' zON 4 4.4 x � GN ca ^C 0 cl W H Z z Ln P-4 J o °w ;� p u c,., w V ° Y � 4-4L" u dq v O �Ci — Z� JUSTICE COURT: TOWN OF RYE COUNTY OF WESTCHESTER_STATE OF NEW YORK r Matter of the Application of the VILLAGE OF RYE , CGS L C �+c(, BROOK, by Steven Fews, Assistant Building W�1� hC (� ���e R6Sk jT' Inspector for the Village of Rye Brook, acting in the — Q ��M��-�- oei/ course of his official duties for a warrant authorizing J nE yr- the search of 226 SOUTH RIDGE STREET, Rye l Brook, New York, identified on Village tax AFFIDAVIT IN SUPPORT OF assessment maps as Section 941.75, Block 2, Lot 43, APPLICATION FOR owned by MICHAEL TUCCI, for inspection of the SEARCH WARRANT premises to determine whether the finished basement 1 is being occupied as a separate dwelling unit in j �O0iAA1 4 violation of the Rye Brook Village Code. ,` ----------------------------------------------------------------------------lY F I ou✓ STATE OF NEW YORK ) � I ss.: �,��rt) p t—( 1� COUNTY OF WESTCHESTER ) STEVEN FEWS, being duly sworn, deposes and says: O �� SQ�niSh SP�K�� 1. I am the Assistant Building Inspector of the Village of Rye Brook and, as to th subject matter of this application for a search warrant I am acting in the course of my official duties. b ►'A This affidavit is made in support of an application for a warrant to conduct the search of a dwelling at 226 South Ridge Street, Rye Brook, New York (the "Premises"), owned by Michael Tucci (the "Owner"). 2. I have served as Code Enforcement Officer of the Village of Rye Brook continuously from 2005 through 2007 and have continuously served as Assistant Building Inspector since 2007. Before that time, I served as Code Enforcement Officer for the Village of Mamaroneck, for approximately seven (8) years I am thoroughly familiar with the construction of houses and the dwelling located at 226 South Ridge Street, as well as the Code of the Village of Rye Brook and the New York State Uniform Fire Prevention and Building Code. 131310915653323 4126116 3. The Premises is located in the R-2F, One and Two Family Zoning District. It has a valid Certificate of Occupancy ("CO") for only single-family use. A copy of the CO is annexed to this Affidavit as Exhibit "A." 4. On May 13, 2015, 1 conducted an inspection of a daycare facility operated on the Premises by a tenant, Karole Mejia Franco. 5. At or around the time the inspection took place, I photographed an interior door in the basement with a lock separating part of the finished basement from the rest of the dwelling located on the Premises. Photographs of this interior door are annexed to this Affidavit as Exhibit "B " 6. I was unable to view the separate dwelling unit in the basement to investigate because access was barred by a locked entry door. See Exhibit "B". Upon information and belief, the area of the finished basement, which is separated by the locked door, contains a sink, a food prep area, a living room area, a bathroom, and a bedroom area. 7. The Owner was previously cited with regard to the Premises in 2008 for several violations of the Code of the Village of Rye Brook for allowing construction on the Premises without a Building Permit, for occupation of the finished basement as a separate dwelling unit without a Certificate of Occupancy, and for not abiding by the requirements under the Village of Rye Brook Code for Two-Family Districts. 8. With regard to the summonses issued in 2008, the Village of Rye Brook and the Owner, entered into a plea arrangement on May 26, 2010, in which the Village agreed to accept a guilty plea to seven (7) counts of the reduced charge of Unsafe Building, under Section 237-2 of the Code of the Village of Rye Brook, and the Owner agreed to pay a fine of Two Hundred Fifty ($250.00) Dollars for each offense, for a total of One Thousand Seven Hundred Fifty ($1,750.00) Dollars. The Village of Rye Brook withdrew the remaining violations of Sections 250-9, Building Permit Required and 250-25, Permitted Uses in R-2F Zone and Certificate of Occupancy Required under 250-10. 9. On or about July 21, 2015, after my inspection, Mr. Tucci, the Owner of the Premises, was cited for three (3) separate violations of the Code of the Village of Rye Brook with regard to the Premises: (1) Section 250-10, Failure to Obtain a Certificate of Occupancy, to wit, allowing or causing to allow the basement of the premises, a single-family home, to be occupied by individuals as a separate habitable space without a Certificate of Occupancy issued by the Building Inspector; (2) Section 250-25, Permitted Uses in R-2F (Two-family Zone), to wit, allowing or causing to allow a single-family home to be divided and/or operated as a two-family dwelling with separate dwelling units without five (5) off-street parking spaces, as required under Sections 250-25 and 250-6 of the Village Code; (3) Section 250-9, Building Permit Required, to wit, allowing or causing to allow construction, alteration, installation and/or conversion work at the Premises without the required building permit, including, but not limited to interior renovations for the illegal basement apartment. The Village of Rye Brook Building Department Appearance Ticket issued to the Owner for the conditions described above is annexed to this Affidavit as Exhibit "C." 10. Based on all of the foregoing information, I conducted surveillance at the Premises / on April 9, 2016. I observed two people, one being a person known to me as James Monteleon, the attorney for the Owner who I have observed in Court and spoken to on several occasions, along with a woman, exiting the exterior basement door. They then got into one vehicle and drove to the Acme grocery store located across the street from the Premises. Shortly thereafter they returned to the Premises and exited the vehicle. While carrying grocery bags in their hands, they then entered into the exterior door leading to the finished basement. 11. On or about April 13, 2016, 1 had a conversation with the tenant who operates the daycare facility at the Premises, Karole Mejia Franco. She indicated two people live downstairs in the finished basement. She further stated one of the people living in the basement is named "Jimmy" Monteleon. Upon information and belief,James Monteleon, attorney for the Owner, also refers to himself as "Jimmy". 12. Based on my past experience and personal observations on May 13, 2015, and the foregoing information, probable cause exists to believe that 226 South Ridge Street, Rye Brook, New York, is in violation of provisions of the Village of Rye Brook Code,which relate to occupying the finished basement as separate dwelling unit containing the housekeeping facilities for one family. The occupation of the finished basement in this way is not permitted under the Village Code, and furthermore, said apartment is occupied without a Certificate of Occupancy issued by the Building Inspector. This creates a nuisance for those residing at 226 South Ridge Street, Rye Brook, New York, the neighboring properties and the public at large and may also pose a safety hazard to the occupants residing at 226 South Ridge Street. 13. Moreover, based on the history of the Premises and the Owner's use thereof, including the Owner's previous violations for the same unlawful conduct at issue in the violations currently pending in Rye Town Court, the refusal of the Owner and his attorney to cooperate with the Village Building Department in scheduling an inspection, the surveillance I conducted on April 9, 2016, my conversation with Karole Mejia Franco, and my observations of the basement on May 13, 2015 and all that is set forth in the papers herein, there is probable cause to believe that 226 South Ridge Street, Rye Brook, New York, continues to be in violation of Sections 250-10, 250-25 and 250-9 of the Code of the Village of Rye Brook. I further believe that the continued illegal occupancy may create a safety hazard for adults and children residing or attending daycare at 226 South Ridge Street, Rye Brook, New York, the neighboring properties and the public at large. 14. Further inspection is necessary to determine the full extent of the potential zoning and other Village and New York State Code violations and possible safety hazards existing on the Premises so as to ensure the safety of the residents and occupants therein, and any public safety officers who may be called to the Premises. 15. On several occasions, including on or about December 9, 2015, February 9, 2016, March 23, 2016, and March 30, 2016, I, through the Village Attorney, have attempted to obtain permission to access the Premises for an inspection through the attorney for the Owner, James Monteleon, to no avail. 16. No previous application for the relief herein has been made in this or any other court. WHEREFORE, I respectfully request that this Court issue a warrant and order of seizure in the form annexed, authorizing a search of the premises at 226 South Ridge Street, Rye Brook, New York, also identified as Section 941.75, Block 2, Lot 43 on the Village Tax map, owned by Michael Tucci, for evidence of a separate dwelling unit in violation of Sections 250-10, 250-25 and 250-9 of the Code of the Village of Rye Brook, to wit, a portion of the finished basement separated by a locked door, and any violations of the New York State Building and Fire Prevention Code, and that if such evidence be found, that it be seized and brought before the Court; together with such other and further relief as the Court may deem proper. Sw rn to before me this of A rid, 2016 STEVEN FEWS VA SD: of Public VAUGE ' Mike Izzo From: Mike Izzo Sent: Thursday, November 30, 2017 9:44 AM To: 'mjatucci@aol.com'; Steven Fews Cc: james.monteleon@gmail.com; marghtucci@gmail.com; Ed Beane Subject: RE: Tucci - 226 South Ridge Street Update 11.29.17 Attachments: Exterior Full 10.12.17.pdf;ZBA Full 7.7.17.pdf Importance: High copy Mr. Tucci, Thank you for providing the information on your progress regarding the legalization process for the basement, rear addition & steps, and the detached shed. Please note that to date we have yet to receive a Plumbing Permit Application from Park Plumbing or from anyone else for any plumbing work your property. Further note that it takes at least a couple of days to issue a Plumbing Permit, and that the permit must be issued and in-hand before any work can take place. In order to avoid another violation, please direct your plumber to refrain from performing any work whatsoever until he has applied for the permit and has the actual issued permit in hand. Since the shed requires a permit, you must file for such permit on an Exterior Building Permit Application as if you were installing the shed today. Once we receive the properly completed & notarized application containing a detailed description of the shed, its size, height, what materials its constructed from, type of base or foundation, what utilities if any it contains; (heat, electricity, plumbing), three 11"x17" size copies of the survey showing the shed on the property, detailed photographs of the shed, an electronic copy of your entire submittal, and the $75.00 permit application fee, we will perform a review and issue the appropriate Notice of Disapproval citing the zoning inconsistencies. Once you receive the Notice of Disapproval you may then either choose to remove the shed, or apply to appear before the ZBA to seek a variance from the code on the Zoning Board of Appeals Application. Copies of each application, the filing instructions, and the appropriate fee schedules are attached hereto for your convenience. Thank you. Ali 4d(l Izzo Building& Fire Inspector Village of Rye Brook, NY Phone—(914) 939-0668 Fax—(914) 939-5801 mizzo@ryebrook.org From: mjatuccO)aol.com [mailto:mjatucci@aol.com] Sent: Wednesday, November 29, 2017 1:36 PM To: Mike Izzo; Steven Fews Cc: iames.monteleonCa)gmail.com; marghtucciCabgmail.com Subject: Tucci - 226 South Ridge Street Update 11.29.17 Michael / Steve i As promised, on 11/16 Pete Klein Associates were retained and the signed agreement was sent to Mr. Monteleon. Mr Klein was scheduled to visit the site week of 11/21 to start preparing drawings. I am awaiting an update on the status of his plans. Also on 11/16 Anthony from Park Plumbing in Harrison NY was asked to cap the basement water pipe back in wall and pull permit. Anthony is scheduled to visit site on 11/30. As I am preparing to apply for variance for the shed as requested, I am still unclear of the process. Do I need a copy of the Notice of Disapproval issued by the Building Inspector? Am I looking at the correct form? Please assist. APPLICANTS FILING FOR A VARIANCE MUST SUBMIT THE FOLLOWING: 1. One copy of the Notice of Disapproval issued by the Building Inspector. 2. A properly completed & notarized original Zoning Application, including a complete list of all previously filed zoning variance applications regarding the subject property and their respective dispositions. 3. Three (3) copies of an original current accurate survey of the subject property. 4. Three (3) sets of plans, prepared, signed & sealed by a NY State Registered Architect or NY State Licensed Professional Engineer. The plans should include a complete, dimensioned site plan showing all existing & proposed structures with set back information to property lines, proposed elevation drawings and proposed heights and height set back information as well as any other relevant information. 5. One electronic copy (disc) of the plans and of all application materials. 6. Filing Fee: $350.00 (filing fee is non-refundable) 7. Escrow Account Fee: $1,000.00 Thank you in advance, Michael Tucci 2 PETE KLEIN ASSOCIATES, INC. Architects• Builders • Developers Construction Management J^� 44 Winding Wood Road• Rye Brook, New York 10573 D (914) 934 1137• Fax (914) 937 4085 C� D iJ l/ - r 20» l E3U1 UCE EC OF ---� NG IPA B OK MINT Michael Tucci 95 Fremont St. Harrison, NY 10528 RE: 226 S. Ridge St October 24, 2017 Rye Brook, NY 10573 Dear Mr. Tucci: This is to confirm our agreement to provide architecture services regarding the violations at 226 S. Ridge Street, Rye Brook, NY These violations include the rear stair side setback, rear room addition, and existing shed on the property. My fee is$1200 for the drawings and application forms. Six Hundred Dollars ($600.00) is due with the signing of this contract. The balance is due upon completion of drawings and sealed. Any additional work will be billed at the hourly rate of $175.00. Sincerely, � i �a_ Peter Klein, RA Approved by ._� --- - DATE_ KEANEfSBEANERC. Main Office 445 Hamilton Avenue ATTORNEYS AT LAW White Plains,NY 10601 Phone 914.946.4777 Fax 914.946.6868 Mid-Hudson Office 200 Wcstage Business Center Fishkill,NY 12524 October 24, 2017 Phone 845.896.0120 c c WARD F. BEANE VIA HAND DELIVERY Li L_ �! or Counsel ell ane@kblaw.com James Monteleone, Esq. >1017 ' 445 Hamilton Avenue VILLAGE OF RYE PROOK White Plains, New York 10601 BUILDING D4 RTMENT Re: People v. Tucci, et al. Town of Rye Town Court Dear Mr. Monteleone: As I am sure you are aware, on November 4, 2016, the Village of Rye Brook accepted a guilty plea from your clients, Michael Tucci and Marguerite Tucci in the above- captioned criminal proceeding pursuant to a plea agreement. A copy of the Plea Agreement is annexed to this letter. The Agreement requires your clients to satisfy certain conditions and comply with certain representations to be eligible for a one year conditional discharge of their conviction for violating Section 186-4 of the Rye Brook Village Code, which was in full satisfaction of all of the then pending charges. The specific conditions on which the conditional discharge is premised and with which your clients must comply are set forth in Paragraphs 3(a) through 3(n) of the Agreement and the additional condition that the Tucci Defendatns permit the Village of Rye Brook Building Inspector, Assistant Building Inspector or their designee access to their premises to conduct quarterly inspections for the one year period. A recent inspection of their premises, 226 South Ridge Street, by the Assistant Building Inspector disclosed the existence of the following violations of the conditions set forth in Paragraph 3: 1. Condition 3(c) to 3(g) — the kitchen plumbing, electrical appliance and natural gas lines have not been properly sealed/capped off in the walls and/or main, and no plumbing permit or electrical permits has been filed for these required alterations. 2. Condition 3(i) — the basement now is occupied by the Tuccis in violation of this Condition that requires that basement not be occupied or utilized as habitable space by anyone unless such occupancy has been approved by the Village of Rye Brook Building Department, in writing, prior to the occupancy. No 1 313/1 79/615 1 52v l 10124117 WWW.KBLAW.COM KEANEFABEANEPC. ATTORNEYS AT LAW James Monteleone, Esq. October 24, 2017 Page 2 such permission has been applied for by your clients. In addition, a new accordion door separation has been installed in violation of this Condition. 3. The Condition set forth in 30) has been violated in that there are missing and non-functioning smoke detectors. 4. The Condition listed in Paragraph 3(k) has not been complied with in that the Tuccis have not filed for a Certificate of Occupancy to legalize the rear staircase, or, in the alternative, removed the staircase in accordance with the timetable set forth in that condition. As of the date of the last inspection, the staircase still remains and no Certificate of Occupancy for it has been applied for or issued. 5. The Condition set forth in 3(m) has not been satisfied in that as of the date of the last inspection, the rear shed has not been removed nor brought into compliance by your clients' legalizing it by securing a Certificate of Occupancy. 6. The Condition in 3(n) has not been satisfied in that no final re-inspection to determine your client's compliance with all conditions has occurred. Based on these non-compliances, your clients are not entitled to a discharge of their guilty plea and I will so inform he Court. Please respond to this letter as soon as possible. Very truly yours, c�J►� Edward F. Beane Senior Counsel EFB/sj 1313/179/615152v1 10124117 PEOPLE OF THE STATE OF NEW YORK TOWN OF RYE COURT ---y--- -_y_-- X PEOPLE OF THE STATE OF NEW YOM -against- PLEA AGREEMENT MICHAEL TUCCI,MARGHERITA TUCCI, CAROL KAROL MEJIA, ROSA MARIE ZAYAS, Defendants_— _ X Based on the understandings set forth herein, including the annexed letter from Edward F. Beane, Esq. to counsel for all Defendants dated August 15, 1016, setting forth the terms and conditions of the resolution of the violations (set forth below and the agreements of each Defendants)with respect thereto, the People ("Village's and Defendants agree to the following Plea Agreement: WHEREAS, Defendants Michael Tucci and Margherita Tucci, have been charged with violations of Section 250-25.A, 250-9-A, 250-10 and 250-10-A of the Village of Rye Book Code in that in said Defendants did cause or allowed to be caused the occupancy of the basement of a single-family residence located at 226 South Ridge Street,Rye Brook,New York CTremises'D by multiple families; that said Defendants did cause or allowed to be caused, the installation of an entrance door with a key lock separating the basement space from the remainder of the Premises, without a building permit and in violation of approved plans filed in the Village's Building Department; and said Defendants did allow or cause to be allowed the occupancy of the basement of the single-family residence by multiple families without a Certificate of Occupancy permitting said occupancy and use;and 1313/09/576662v3 1 WJ 3/16 -1- AREAS, Defendants Michael Tucci and Marghenta Tucci also have been charged with violations of the provisions of (a) Section 113-6 of the Village of Rye Brook g Code — allowing or causing to allow electrical wiring to be installed in the rear-elevated addition to the Premises without an electrical permit; (b) Section 113-11 of the Village of Re Brook Code, by allowing or causing to allow electrical circuits to be placed into service y at the Premises without an electrical inspection; (c) Section 250-10-A of the Village of Rye Brook Code by allowing or causing to allow the occupancy of the rear-elevated addition to the Premises as a bedroom by the Tucci Defendants' first floor tenant as set forth above, without a Certificate of Occupancy; and (d) Section 250-9(A) of the Rye Brook Code by Lowing or causing to allow the rear-one-story, elevated addition to be constructed at the Premises without a building permit;and WHEREAS) Defendant, Carol Mejia, has been charged with violating Sections 250- 25.A and 250-12 of the Village of Rye Brook Code, by allowing or causing to allow a two- family or multi-family use of the Premises owned by the Tucci Defendants and leased to her as tenant, when said Premises is zoned only for a single-fanOy principal use; and Sections 250-10.A and 250-12 of the Village of Rye Brook Code by allowing or causing to allow two or more families to occupy said Premises without a Certificate of Occupancy;and AREAS, Defendant, Rosa Maria Zayas, has been charged with (a) violations of the Village of Rye Brook Code Sections 250-25.A and 250-12, by occupying or permitting the occupancy of a single family residence by two or more families; and (b) violations of 13131091576662v3 10113116 -2- Sections 250-10.A and 250-12A of the Village Code, occupying or causing to be occupied, a portion of the Premises,a single-family residence,by multiple families;and WHEREAS, each of the above Defendants wishes to enter into a Plea Agreement with the Village, which the Village agrees to and accepts, setting forth the following disposition of the violations recited above: 1. With respect to Defendant Zayas, based on the representation of said Defendant, made by signing this Plea Agreement, and Defendants Michael Tucci and Margherita Tucci by signing the Plea Agreement and before the Court, that the Zayas Defendant and all family members of said Defendant have permanently vacated the Premises, the Village agrees to the dismissal of all pending charges against the Zayas Defendant 2. With respect to the Mejia Defendant, the Village agrees to accept her plea of guilty to a vinlation of the Village of Rye Brook Code 5186-4 in full satisfaction of all charges asserted against her, with a one-year conditional discharge, the conditions of which are set forth below which incorporate the August 15, 2016 letter attached to this Plea Agreement. The Village shall not seek a fine against the Mejia Defendant for this violation- (a) The Mejia Defendant must inform the Village, by its Building Inspector or Assistant Building Inspector of the identity of the persons who will be residing at the Premises as part of her immediate family in a single-family occupancy arrangement; (b) The Mejia Defendant shall not permit more than three (3) persons, including adults and/or children, to occupy each of the two bedrooms located on 1313/09/576661v3 10113116 in accordance with the applicable provisions of the New the second floor of the Premises York State Uniform Fire Prevention Code and Building Code ("New York State Code'; (C) With respect to the bedroom on the lower floor of the Premises used as part of Defendant Mejia's day care center, only she alone can occupy said Premises; and (d) Defendants Michael and Margherita Tucci must satisfy and remain in compliance with the terms and conditions of paragraph 3 of this Plea Agreement, which incorporates the August 15, 2016 letter attached to this Plea Agreement 3. With respect to Defendants Michael and Margherita Tucci, the Village agrees to accept their plea of guilty to Rye Brook Code A.Section 186-4 of the Code n in full satisfaction of all charges asserted against them, and agree to be sentenced to a one- year conditional discharge, the conditions of which are set forth below, which incorporate the August 15, 2016 letter annexed to this Plea Agreement and their paying a fine of $1500.00,on or before November 21,2016. (a) The currently existing basement kitchen, including all kitchen cabinets, countertops, shelves, kitchen appliances, cooking facilities, fixtures and appurtenances thereto, must be permanently removed within thirty (30) days from the date of the entry of the Plea. (b) At the time of the entry of the Plea, the Tucci Defendants must represent to the Court that the only lease in existence for the Premises is a lease between the Tucci Defendants and the Mejia Defendant. If no lease is in effect, the Tucci Defendants and the Mejia Defendant must so represent 1313/09/576661v3 /0/13/16 -4- (c) The kitchen plumbing, mechanical elements and electrical hook u s in the basement of the Premises must be removed and the walls and ceilings properly P patched and painted within they (30) days from the date on which this Plea is entered. (d) Any natural gas cooking lines in the basement of the Premises, must be removed and capped back to the gas main. If none exist, the Tucci Defendant must represent to the Court that there is no natural gas cooking line in the basement (e) All dedicated electrical kitchen appliance lines in the basement must be removed back to the electrical box. All non-dedicated outlets can remain. (� All kitchen plumbing fixtures in the basement must be removed and capped behind the walls. (p) All walls and ceilings in the basement must be properly patched and painted. Plumbing and electrical permits from the Village's Building Department for this work are required and the work must be inspected by the Building Inspector or Assistant Building Inspector. (h) The Tucci Defendants shall represent to the Court that the basement area of the Premises is not presently included in the lease agreement with Defendant Mejia and cannot and will not be leased to any tenant for occupancy. The basement shall remain under the sole control of the Tucci Defendants and no one else. (i) The Tucci. Defendants further represent that the portion of the basement controlled by them will not be occupied or utilized as habitable space by anyone in the future unless and until such occupancy is approved by the Village of Rye Brook Building writing, prior to said occupancy. In addition, reliance upon this Department; in 1313/09/5766620 10113116 _5_ representation, the Village, by its Building Department, will allow the existing lockable security door in the existing basement wall that separates the tenant basement utility space from the Tucci Defendants controlled non-habitable basement space to remain• G) The Tucci Defendants shall install new - ten-pear (10) battery powered smoke detectors and ten-pear (10) battery powered carbon monoxide protectors throughout the Premises as required by the New York State Code within thirty (30) days of the date this Plea Agreement is accepted by the Court- (k) The rear addition and staircase to the Premises, for which no Certificate of Occupancy ("CO,� currently exists, must be legalized by securing a CO, or in the alternative, removed in accordance with the following timetable. Said Defendants' application to legalize the rear addition and staircase must be submitted to the appropriate Village of Rye Brook Department and/or Board within the thirty (30) days of the acceptance of the Plea Agreement, and the Tucci Defendants must thereafter diligently Pursue this application. The CO must be obtained within six (6) months of the date of the acceptance of the Plea, unless the process has been commenced and diligently pursued and additional time is necessary. If such is the case, the Tucci Defendants must so notify the Village's Building Department, in writing, of this fact, with a copy to Village Attorney, not less than thirty ( ) days prior to the expiration of six (6) month period. The writing must set forth 30 the additional time that is needed and the reason therefore. The request for additional time must be approved at by the Village's Building Department, which approval will not be unreasonably withheld. 1313/09/576662v3 10113116 -6- f i I (n The existing staircase must be closed off immediately upon acceptance of the Plea, and not used during the legalization process- (m) The rear yard shed must be removed or legalized in accordance with the Village Code. If the Tucci Defendants decide to remove the shed, they must do so within forty-five (45) days of the acceptance of the Plea. Prior to its removal, the Tucci Defendants must secure the appropriate permits from the Rye Brook Building Department. (n) Prior to the Coures acceptance of the Plea, -the Tucci Defendants and the Mejia Defendant must represent, to the Court, that the entire Premises is being leased to and occupied only by Defendant Mejia and her immediate family, as a single-family residence, and not also by Defendants Michael and/or Margherita Tucci or any third-party, except the owner controlled portion of the basement designated as non- habitable utility space. The Tucci Defendants also must acknowledge that the Premises will only be occupied as a single-family home in the future and not occupied or used as a two- -1-0 rooming house (/kid+ ��-�— ���, family or multi-family or o g j 446#0 The Plea also is conditioned upon the Tucci Defendants and Defendant Mejia permitting the Rye Brook Building Inspector, Assistant Building Inspector, or their designee access to the Premises to conduct quarterly inspections for a period of one (1) year after the acceptance of this Plea, at reasonable hours, to insure that the Premises will be occupied and utilized only as a single family residence and in conformance with the Village Code and the New York State Code. If, upon inspection, the Building Inspector, Assistant Building Inspector, or his designee, finds that the house is being occupied in violation of the Village Code or New York State Code, as a two-family, multi-family or rooming house, and said 1313/09/376662v3 10113116 -7- ■Main office nue KEANM BEANEPC. WhiteP ns,Nfcon 106 'Whine Plains,NY 10601 ATTORNEYS AT LAW phone 914.946.4777 Rm 914,946.6868 ■Mid Hudson Office 200 Westage Business Center FnhjA NY 12524 Phone 845.996.0120 August 15,2016 EDWARD F. BEANE Senior counsel eb.e@tblaw.com VIA EMAIL jarncs.montcicon@gmad-com & CL tmail.com AND FIRST-CLASS MAIL FIRST LASS MAIL James R. Monteleon,Esq. Clement S.Patti,Jr.,Esq. 445 Hamilton Avenue 470 Mamaroneck Avenue Suite 302 Suite 607 White Plains,NY 10601 White Plains,NY 10605 Re: People v.Michael and Margherita Tucci,People v.Me4 and People v. Zayas 226 South Ridge Street Summons Nos.: 1015;E0127;E0128 Dear Messrs.Monteleon and Patti: The Tucci Defendants must insure that each of the following tasks is accomplished: • All unlawful occupants currently residing or occupying(p premises must Surrender possession and vacate the premises within s 60 daysfrom the date of the execution of a stipulation of settlement of this matter (the Zayas individuals) so that the sole lawful occupant of the premises is Ms.Karol Mejia and her immediate family. • With respect to that family,Ms.Mejia agrees to inform the Village of Rye Brook of the identity of the individuals who will be living at 226 Ridge Street as part of her immediate family(a single family occupancy). She also agrees that no more than three persons including adults and children can occupy each of the two bedrooms located on the second floor of the residence in accordance with New York State Code. With respect to the bedroom on the lower floor,which, on information and belief,is used as part of the Day Care Center,Ms. Mejia can occupy that as her room as part of her immediately family. WWW.KBLAW.COM KEANSOEANEPC. ATTORNEYS AT LAW James R. Monteleon,Esq. Clement S.Patti,Jr.,Esq. August 15,2016 Page 2 • The currently existing basement kitchen,including all kitchen cabinets, countertops, shelves,kitchen appliances,cooking facilities, fixtures and appurtenances thereto must be removed from the premises within thirty(30) days of the execution of the Stipulation of Settlement. • The Tucci.Defendants represent that there are no existing leases for the premises with respect to the Zayas individuals. With respect to the Mej a Defendant if there is a lease in existence,the Mejia Defendant shall produce such lease to the Village. If there is no lease, the Mejia Defendant shall so represent. • The parties agree that if Ms. Karol Mejia materially violates her obligations under the Stipulation of Settlement, she will be compelled by the Tucci Defendants to vacate the premises within sixty (60) days. • The kitchen plumbing,mechanical elements and electric hookups in the basement must be removed and the walls and ceilings properly patched and painted within thirty (30) days from the execution of the Stipulation of Settlement With respect to any natural gas cooking lines, all natural gas cooking lines shall be removed and capped back to the gas main, or Defendant Tucci shall represent that there is no natural gas cooking line in the basement With respect to the electrical hookups, all.dedicated electric kitchen appliance lines must be removed back to the electrical box. All non-dedicated outlets can remain. With respect to plumbing, all kitchen plumbing fixtures must be removed and capped behind the walls. All walls and ceilings must be properly patched and painted. Plumbing and electrical permits and inspections ate required for all such work • The property owner agrees to represent that the basement shall not be included in any tenant lease agreement, and shall remain under sole control of the property owner.The property owner further represents that the owner controlled portion of the basement will not be occupied or utilized as habitable space by anyone at any time unless and until such occupation or utilization is approved by the Building Department In reliance upon said representation, the Building Department agrees to allow the property owner to install a lockable security door at the existing basement wall separating the tenant basement utility space from the property owner controlled non- habitable basement space within thirty(30) days of the execution of the Stipulation of the settlement of this matter.A permit and designed plans will KEANEMBEAN C. ATTORNEYS AT LAW James R. Monteleon,Esq. Clement S. Patti,Jr., Esq. August 15, 2016 Page 3 be required to memorialize the delineated tenant/owner basement spaces and the lockable partition. • New ten-year battery powered smoke detectors and ten-year battery powered carbon monoxide detectors must be installed throughout the entire dwelling as required by New York State Code,within thirty (30) days of the execution of the Stipulation of Settlement in this matter. • The rear addition and the staircase,which are currently illegal in that there is no CO,must be legalized or removed in accordance with the timetable set forth below. The application to legalize the rear addition and staircase must be submitted to the appropriate Village Department and/or Board within thirty(30) days of the execution of this Stipulation and the Tucci.Defendants must diligently pursue said application. Legalization must be accomplished within six (6) months unless the process has been commenced and diligently pursued and additional time is necessary. If such is the case,the Tucci Defendants must notify the Village of Rye Brook not less than thirty(30) days from the expiration of the six months that additional time is needed and must include in that notification the amount of additional time requested,which must be approved by the Village's Building Department. Said approval will not be unreasonably withheld. • The staircase cannot be used pending its legalization and must be closed off. • The shed in the rear yard of the house must be removed or legalized in accordance with the Village Code. If the Tucci Defendants decide to remove the shed,it must be completed within forty-five (45) days of the execution of the Stipulation of Settlement of this matter and the appropriate permit must be secured prior to its removal. • The Tucci and Mejia Defendants must each represent in the Stipulation and on the Record,under oath,the entire house (except the owner controlled portion of the basement)is being leased to and occupied only by Ms.Mejia and her immediate family as a single family residence, and not also by Mr. and Mrs.Tucci or anyone else. The Tucci Defendants also must represent and agree the house may only be occupied as a single-family home and not occupied or used as a two-family or multi-family home or rooming house. I KEANEEffiEANEPC. ATTORNEYS AT LAW James R. Monteleon, Esq. Clement S. Patti,Jr., Esq. August 15, 2016 Page 4 • Upon the occupants of the house (Zayas) (other than Ms. Mejia and her immediate family) forfeiting possession or vacating the premises, all pending charges shall be dismissed against them. Upon completion of the work outlined above, all charges will be dismissed against Ms. Mejia. Upon the execution of a Stipulation or a Stipulation, and the satisfaction of all of the bullet points in the letter, the Village of Rye Brook agrees to accept a plea of guilty to a single violation from Michael and Marguerite Tucci, and will agree to accept a total fine of$1,500.00,payable within thirty (30) days of the date the guilty plea for the violation is entered. • The guilty plea will be conditioned upon the Tucci Defendants and the Ms. Mejia permitting the Rye Brook Building Inspector,Assistant Building Inspector or their designee to conduct quarterly inspections for a period of one year after the date of the final disposition, at reasonable hours, to insure the house only will be occupied and utilized as a single-family residence and in conformance with the Village Code and the New York State Uniform Fire Prevention Building Code. If, upon inspection, the Building Inspector or Assistant Building Inspector find that the house is being occupied in violation of the Village Code or New York State Uniform Fire Prevention and Building Code as a two-family, multi-family or rooming house,which violations are not cured within thirty (30) days of receipt of written notice of same from the Village, all current charges against the Tucci Defendants will be restgred to the calendar and the Tucci Defendants and Ms. Mejia will once again be required to appear in Rye Town Court Should you have any questions on these conditions above or the legalization process, please feel free to reach out to my office or to the Rye Brook Building Inspector. Very truly yours, { Edward F. Beane �^ra EFB/sj violations are not cured within thirty (30) days of receipt of written notice of same from the Village, same shall constitute a violation of the Conditional Discharge upon which the Defendants will be resentenced in addition to any new charges for such violation(s). NOW, IT IS HEREBY AGREED AND STIPULATED each of the Defendants hereby agrees to the following terms and conditions: Dated: Michael Tucci Dated: Margh to Tucci Dated: / OosaMaria Zayas Dated: Carol Meji 131310915766620 10113116 -g- RZ ! I .CO Gl G j l I rq e i'l U, n N N J � � Z 00 O r-I � w ° _ a -fl o fYlas N W y 4 -0 a W > o A U w 'O Q) lz tn ° -o aq bA cn all N c o a u O Illy'iii-'lll 00 = I+� a - OC ° QQ LILO M MCI W a z [y w 00 z . [ M � u w a 0 "' 3 � 0 cu 0-0 p .c a x U O O -e o 'a o f t x uc � � En ckli oo � Q � > > U Q W W o dl as a° a a w x � � > e � DR(�v� p y� CERTIFIED MAIL W BUILDING DEPARTMENT HAND DELIVERED - �!� VILLAGE OF RYE BROOK 19(32 938 KING STREET RYE BRooK,NY 10573 (914)-939-0668 FAX(914)-939-5801 NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OWNER: 1 VIOLATION# 0728 CASE# r ? , � 3 i t �''1� ►'�`� n l - SECTION: BLOCK: Z LOT: — THE FOLLOWING VIOLATIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND/OR,THE CODE OF THE VILLAGE OF RYE BROOK WERE FOUND TO EXIST AT... ( _ -- L '� ;' ^.-Al , LOCATED IN AN Q� ZONE, IN THE COUNTY OF�VESTTe ER,VILLAOFO R BROOK,NY ON, 200 _. CODE SECTION TITLE/DESCRIPTION ---------------------���' ———————————————— -Z _ jluhih, n --�k+1_ls_�:7_'_1^_caSi!r _i„"1-1__D-__-- —,t— — --------- ---11 - 'per'-Y,=__= ivy ��, ��su _I"LId� ---- 2aU_1u �---------CQ��,�.c _�_ - �.c�2���c a - -------------------------------- - `-�-� 1(=�1_ _�_{_ --------------- NOTES:J At m �. 'j�i�'�`�.-�,� ��a C�'1 C�� �'"'��� ��.:, 11 �G _ ��•.�,icy A'� �,,[ }�� �` , YOU ARE HEREBY DIRECTED TO CONTACT THIS DEPARTMENT,OBTAIN ALL NECESSARY PERMITS AND CORRECT THE ABOVE MENTIONED CONDITIONS IMMEDIATELY.BE ADVISED THAT YOUR FAILURE TO DO SO IS A CRIME,PUNISHABLE BY FINE,IMPRISONMENT OR BOTH. Please note that a reinspection of the above mentioned premises is required by laws-confirm compliance with all applicable codes. -- ❑ BUILDING INSPECTOR ❑ CODE ENFORCEMENT OFFICER rt ��, 4 Ar-r-�<' 0,F ❑ VILLAGE ENGINEER Q�IE aR U`' 'y JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER X 19 PEOPLE OF THE STATE OF NEW YORK, -against- 2 0 014 tYi r C V)n Q I 1 UQ i Defendant. ------------------------------------------------------------------------------ X Be it known that complainant herein ~ P duly authorized code enforcement officer of the Village of Rye Brook, accuses he defendant(s)named above,residing at S �G -�,;1� S 1�5 2� G alYti�� �° , of the following offense(s) committed at in the Village of Rye Brook, State of New York on the_�4 day of 20,at or about ,� A m. COUNT ONE: �- r� COUNT TWO: t�� COUNT THREE: az Facts Defendant did wrongfully and unlawfully violate the above stated ordinance in hat (s)he did allow or cause to L � allow, L a , . - + ^�`1 � -'m_V sr lc/h j r. - � fir ' ( �� c� r `v �J All of the above is contrary to the provisions of the statute in such case made and provided for. The above allegations of fact are made by the complainant herein on direct knowledge (and upon information and belief), with the sources of complainant information and the grounds for his belief being: f � y NOTICE: PURSUANT TO THE PENAL LAW, SECTION 210.45, IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR TO KNOWINGLY MAKE A LSE STA LEMENT HEREIN. Dated Code Et'iforcement Officer APPEARANCE TICKET You are hereby directed to appear before the Town of Rye Court, 10 Pearl Street, Port Chester New York 10573 (Phone# 914-939-3305)at °`, t71. m. on the � day y of , 2 in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAYBASUED FOR YOUR ARREST Dated Code Enforcement ffic r—� BRnuk O •,ti� 1962 BUILDING DEPARTMENT ❑BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑VILLAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 ,,ASSISTANT BUILDING INSPECTOR (914) 939-0668 FAx(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - - _. DATE: �Z 1\b'C6 ADDRESS: � . PERMIT# uJ lssl; �= SECT: BLOCK: LOT: LOCATION: i r_y i '� 7 --� 1� OCCUPANCY: Z l(J ❑ 70LATION NOTED ,1'� THE WORK IS... ❑ ACCEPTED REJECTED/REINSPECTION SITE INSPECTION W REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION ' [I UNDERGROUND PLUMING NOTES ON INSPECTION: ❑ ROUGH PLUMING ❑,:;R.OUGH FRAMING ❑ INSULATION ❑ YNATLJRAL GAS CU ❑ FUEL TANK `'Y L N c.{ Ud CT-) j1� � � El FIRE SPRINKLER i C ❑ FINAL PLUMBING ❑ FINAL 6 -V` � �`� U �C ❑ OTHER L C--oncet( AT oyp tct Y '. JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER . 1q -- -�� ----- ------------------------------------------------------------------------X PEOPLE OF THE STATE OF NEW YORK, -against- 0202 'o1 i L. Defendant. _ --------------------- X Be it known that complainant herein 1,11�L- 1�.� =- -= - 7� , duly authorized code enforcement officer of the Village of Rye Brook, accuses the defendant(s)named above,residing at i o•-` -` of the'following offense(s) committed at w (� c,. t in the Village of Rye Brook, State of New York on the 1,o day of 20 L-at or about C m. COUNT ONE: � ''L ,h [ r, ( c_ C�..:; r� r c F - ►tea Col , ; W O: 4 f1 COUNT REE: ', ' _ 4,. —, w: r .�� Ttt � i , &, ;L c^ `:cr" k_.'rj,+ (j L. Facts Defendant did wrongfully and unlawfully violate the above stated ordinance in that (s)he did allow or cause to allow, ,--T w All of the above is contrary to the provisions of the statute in such case made and-provided for. The above allegations of fact are made by the complainant herein on direct knowledge (and upon information and belief), with the sources of complainant information and the grounds for his belief being: 2,, t NOTICE: PURSUANT TO THE PENAL LAW, SECTION 210.45, IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR TO KNOWINGLY MAKE A FAL11 SE STATEMENT HEREIN. Date Code Enforcement fficer APPEARANCE TICKET You are hereby directed to appear before the Town of Rye Court, 10 Pearl Street, Port Chester,New York 10573 (Phone# 914-939-3305) at E-4 °- _.m. on the to�� day of ,1� A�i. ,20 cJZ in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAY BE ISSUED FOR YOUR ARREST Dated Code Enforcement Offilcer c7D - _ C.Q>c-a 1 n- \2 6cc_ '�- VILLAGE OF RYE BROOK 938 King Street ZONING BOARD OF APPEALS Tuesday, March 3, 2009 Meeting at 8:00 p.m. Agenda L #08-545 Mr. Charles G. Cano, Sr. 3 Edgewood Drive Construct an open-roofed trellis at the east side elevation. 2. #08-530(reappearance from 116109) Mr. Denis McConway 3 Bell Place Construct a partial second story addition. 3. #09-554 Mr. & Mrs. Adam Kansler 27 Woodland Drive Construct a second-story dormer addition; a rear second-story addition and a rear roofed open porch. 4. #08-546 (reappearance from 1/6109) 7 7/0 1 L,e- T— Mr. Michael Tucci ®( I�fl��(PdflCAYl®R9 .t fF' `"rs 226 South Ridge Street IDENIN. (residing at 95 Fremont Street, Harrison, N.Y.) W. Z• Legalize and partially remodel the existing finished converted garage/bas nt. 5. Approval of February 3, 2009 Zoning Board Summary DM MI MS SF MH PR SC PP JR 1 hl-f 6- sor Village of Rye Brook Ao �✓ 938 King Street nN ZONING BOARD OF APPEALS D&A �►��S�y March 3, 2009 upr Meeting at 8:00 p.m. AGENDA MAR _9 2009 1) #08-545 Mr. Charles G. Cano, Sr. s L GE OF RYE 3 Edgewood Drive DING DEpART 4 OK Construct a open-roofed trellis at the east side elevation 2) #08-530 Mr. Denis McConway (Re-appearance) 3 Bell Place Construct a partial second story addition 3) #09-554 Mr. & Mrs. Adam Kansler 27 Woodland Drive Construct a second-story dormer addition; a rear second-story addition and a rear roofed open porch 4) #08-546 Mr. Michael Tucci (Re-appearance) 226 South Ridge Street (Residing at 95 Fremont Street, Harrison, New York) Legalize and partially remodel the existing finished converted garage/basement. 4) #09-552 Mr. & mes Frost — N o 1- 0 N P 6 N V P, 3 Hills Poi ne Constru an exte ion to the existing side yard raised masonry deck. 5) Approval of Janua6, 2009 Zoning Board Summary BOARD: Mark Harmon, Chairman Salvatore Crescenzi Don Moscato Michael Siegel Excused: Jeffrey Rednick Zoning Board of Appeals March 3,2009 Pagel • 1 STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary BOARD OF TRUSTEE LIAISON: Trustee Patricia Sanders Romano Mr. Mark Harmon, Chairman, called the meeting to order at 8:00 p.m. He welcomed everyone to the March 3, 2009 meeting of the Zoning Board of Appeals, and noted that Mr. Jeff Rednick was excused from the meeting due to a prior work commitment. With the consensus of the Board, he called for item #3 out of order from the agenda. 3) #08-546 Mr. Michael Tucci (Re-Appearance) 226 South Ridge Street Legalize and partially remodel the existing finished converted garage/basement Demetrios Adamis, Esq., of the firm of Gioffre and Gioffre, addressed the Board as legal counsel for the applicant. He noted that his firm had just been retained by the applicant and he needed time to review the application and prior hearing proceedings. He noted that matter was before the Zoning Board of Appeals at previous meetings, and an adjournment was requested in February. Mr. Adamis asked the Board for a second adjournment to the April meeting. Mr. Harmon noted that this application concerned him because the applicant has brought litigation against the Village and the Village's hands are now tied with regard to enforcing its Code on matters dealing with this property. As long as the matter is pending in the court system, the Village's Building Inspector can do nothing regarding the illegal occupancy issues. Mr. Harmon asked Mr. Adamis what the owner has done to in order to ensure that the basement space is not occupied. Mr. Adamis stated that, at this time, he did not know what specific steps have been taken to prevent the use of the basement of the subject home . In terms of alterations to the premises, the applicant is waiting for resolution of the court proceedings before drawing up new plans. Mr. Harmon noted that 90 days have past since the application was made to the Village. He felt that was amply time to respond to the Board's concerns about the illegal occupancy. Mr. Harmon turned to the Board members for their comments. After a brief discussion, Mr. Harmon noted that the consensus of the Board was to dismiss the application without prejudice and ask that that the applicant re-file. By Zoning Board of Appeals March 3,2009 Page 2 • i taking this step, the Zoning Board will allow the Village Attorney and Building Department the opportunity to do what is needed. Mr. Michael Izzo, Building Inspector, noted that if that was the Board's decision, the applicant would be required to begin the process all over again. Mr. Adamis stated that the applicant intended on amending his application, and moving forward in a slightly different direction. He again requested that the Zoning Board keep on the matter on the calendar as is and allow the applicant to re-file as amended. Mr. Harmon felt that the owner did not take the Village's requests to seal off the parking and use of the basement seriously. The Building Department is not allowed to act on this matter while the application is before the Zoning Board. Dismissing the application without prejudice would allow the Building Department the opportunity to deal with this issue, and would also allow the applicant to submit the new application. Mr. Izzo noted that the last court hearing on this matter was approximately 18`h of February (possibly the 25`h). The matter was put over for the 11 m of March because that was the soonest available court date available. The Village and the applicant will be in court on the 11`h. Mr. Izzo stated that the Building Department is concerned about the safety of the basement and those individuals that are residing there. The Village does not know anything about heating system, electrical, plumbing or how safe this apartment may or may not be. The Village is responding to the application out of concerned for the safety of the residents. Mr. Tucci was informed that he is not to use that space under any circumstances, however, on prior visits it was found that there are tenants in the basement. As long as this application is before the Zoning Board the Village Counsel has stated that the Village's hands are tied. Mr. Adamis felt that the quickest way to resolve this matter was to adjourn it to the next meeting. After a brief deliberation, Mr. Harmon responded that the decision of the Zoning Board was to dismiss the matter without the prejudice. The request for adjournment was denied. Mr. Harmon called for the next item on the agenda: Zoning Board of Appeals March 3,2009 Page 3 VILLAGE OF RYE BROOK 938 King Street ZONING BOARD OF APPEALS Tuesday, February 3, 2009 Meeting at 8:00 p.m. A enda 1. #08-541 (reappearance) Mr. Michael Cohen 36 Rockridge Drive Construct a second floor addition; a new rear deck; a rear enclosed porch; perform interior alterations and legalize the existing finished basement. 2. #08-530(reappearance) Mr. Denis McConway 3 Bell Place Construct a partial second story addition. 3. #08-546 (reappearance) AbJ o^+a 3 C-3 C aS a Mr.Michael Tucci 226 South Ridge Street A ��� �'`'�� iZ6 (residing at 95 Fremont Street, Harrison, N.Y.) Legalize and partially remodel the existing finished converted garage/basement. 4. #09-552 Mr. & Mrs. James,Frost 3 Hills Point Lane Construct an extension to the existing side yard raised masonry deck. 5. Approval of January 6, 2009 Zoning Board Summary DM M1 MS SF MH pe- S(:-7--ItPP JR A 6e;i ` A4Y 0 ill Village of Rye Brook A r7~ 938 King Street d FT St3A ZONING BOARD OF APPEALS February 3,2009 RECE#YED Meeting at 8:00 p.m. MAR - 3 2009 AGENDA VILLAGE OF RYE BROOK 1 #08-541 Mr. Michael Cohen BUDDING DEPART ) EN7 (Re-appearance) 36 Rockridge Drive Construct a second floor addition; a new rear deck; a rear enclosed porch; perform interior alterations and legalize the existing finished basement. 2) #08-530 Mr. Denis McConway (Re-appearance) 3 Bell Place Construct a partial second story addition 3) #08-546 Mr. Michael Tucci (Re-appearance) 226 South Ridge Street (Residing at 95 Fremont Street, Harrison, New York) Legalize and partially remodel the existing finished converted garage/basement. 4) #09-552 Mr. & Mrs. James Frost 3 Hills Point Lane Construct an extension to the existing side yard raised masonry deck. 5) Approval of January 6, 2009 Zoning Board Summary BOARD: Mark Harmon, Chairman Salvatore Crescenzi Don Moscato Jeffrey Rednick Michael Siegel STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary i Zoning Board of Appeals February 3,2009 Page l 1 Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. The public comment portion of the hearing was closed, and Mr. Harmon turned to the Board for its comments. It was noted that Mr. Cresenzi, Mr. Siegel, and Mr. Rednick opposed the application. Mr. Moscato noted that a 4' 6" variance was substantial. This application requires three (3) variances — a single side yard variance, a total of two side yard variances, and a height setback ratio variance. The consensus of the Board was to deny the application. Mr. Klein was asked if he was ready to move forward or if he preferred to further amend the plans. Mr. Klein requested an adjournment to the March meeting so that he could further review the plans with the applicant. The Board granted the applicant's request. Mr. Harmon called for item #3 on the agenda. 3) #08-546 Mr. Michael Tucci 95 Fremont Street/226 South Ridge Street Legalize and partially remodel the existing finished converted garage/basement. Mr. Harmon noted that the Board was advised the Mr. Tucci has requested an adjournment of his application to the March Zoning Board meeting. Item#4 was called before the Board: 4) #09-552 Mr. & Mrs. James Frost 3 Hills Point Lane Construct an extension to the existing side yard raised masonry deck. Mr. Jeff Rednick noted that he has had prior business dealings with the applicant and he recused himself from deliberation. The architect, from the firm of AJC from New Rochelle, addressed the Board. He noted that the applicant was requesting a variance in order to construct a side patio off of the existing patio to accommodate the functions of the home. This is a raised deck as opposed to a patio on grade. It was noted that photographs of the Zoning Board or Appeals February 3,2009 Page 7 r VILLAGE OF RYE BROOK 938 King Street ZONING BOARD OF APPEALS Tuesday, January 6, 2009 Meeting at 8:00 p.m. A enda 1. (reappearance) #08-541 Mr. Michael Cohen 36 Rockridge Drive Construct a second floor addition; a new rear deck; a rear enclosed porch; perform interior alterations and legalize the existing finished basement. 2. #08-530 Mr. Denis McConway 3 Bell Place Construct a partial second story addition. 3. #08-546 A�J W-4- �F C> ;-a — Z 111 1 Mr. Michael Tucci foa- oetr Fo, . J ,c '� 95 Fremont Street Legalize and partially remodel the existing finished converted garagetbasement. 4. Approval of December 2, 2008 Zoning Board Summary DM M1 MS SF MH DS SC PP JR 1 , LBA (fo7 MM/ /P941- Village of Rye Brook *fTV. ; 938 King Street ZONING BOARD OF APPEALS January 6,2009 Meeting at 8:00 p.m. AGENDA DATe .2 _ 1) #08-541 Mr. Michael Cohen (Reappearance) 36 Rockridge Drive Construct a second floor addition; a new rear deck; a rear enclosed porch; perform interior alterations and legalize the existing finished basement. 2) #08-530 Mr. Denis McConway 3 Bell Place Construct a partial second story addition 3) #08-546 Mr. Michael Tucci 95 Fremont Street/226 South Ridge Street Legalize and partially remodel the existing finished converted garage/basement. 4) Approval of December 2, 2008 Zoning Board Summary BOARD: Mark Harmon, Chairman Salvatore Crescenzi Don Moscato Jeffrey Rednick Rj° END Michael Siegel STAFF: Michael Izzo, Building Inspector MAR - 9 2009 Paula Patafio, Meeting Secretary VILLAGE OF RYE BROOK BUILDING DEPARTMENT BOARD OF TRUSTEE LIAISON: Trustee Dean Santon Zoning Board of Appeals January 6,2009 Page 1 1 Mr. Harmon stated that the side height setback ratio was his main concern. He also stated that he felt that this was a substantial variance request. The maximum allowable side height setback ratio is 2.40. The proposed second story addition will result in a side height setback ratio of 3.23. Mr. Michael Izzo, Village Building Inspector, presented the Board with photographs that were submitted with the application. Mr. Harmon made the photographs part of the record. Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. Mr. Crescenzi stated that he would like to hear more information on the side yard height setback. Mr. Moscato suggested that the matter be adjourned until the architect could give a full presentation. This is a substantial variance request, and he felt that there was a need for the additional information. He asked the applicant to consider whether or not his goal could be accomplished with a smaller variance. The necessity of the variance must be demonstrated to the Board. The applicant was offered an adjournment to the February 3, 2009 meeting. Mr. Harmon noted that the applicant did not need to re-notice the matter, however, he must re-install the sign with the new information. The applicant asked what the ideal variance request would be. Mr. Harmon noted that construction within the allowable ratio of the Code is best. If this cannot be accomplished, then applicants must demonstrate a need and show that they have done their best to apply for the smallest variance possible. 3) #08-546 Mr. Michael Tucci 95 Fremont Street/226 South Ridge Street Legalize and partially remodel the existing finished converted garage/basement. The applicant introduced his architect, Mr. Steve Marchasani. He noted that he purchased a home and later found out that no building permit was applied for when the garage was converted into living space. In addition, he learned that he needed to apply for a variance for the existing parking spaces in the front of the home. Zoning Board of Appeals January 6,2009 Page 4 Mr. Harmon questioned how the applicant learned that there was no building permit or Certificate of Occupancy for the work done on the home. Mr. Tucci stated that an anonymous complaint was submitted to the Building Department, an inspection was done, and he was issued violations. Mr. Harmon asked what was done without a building permit. The response was that the garage was closed in and the basement was finished. This house was built in 1957. In 1966 the additional rooms are listed on the tax record, however the Certificate of Occupancy has no record of the rooms. Work was done and now the applicant was looking to legalize the work. Mr. Izzo noted that in 1966 or prior someone removed the garage and closed up the front of the house and turned it into habitable space. A kitchen was constructed and the home was used as a two-family house. There are violations that have been issued as a result of the Code Enforcement Officer's inspection. This is a one family house and it was being used as a two family home. There is a kitchen in the basement. There is a lot of work that needs to be done and the applicant is now seeking approval to do that work. He must remove the kitchen and convert the area to make it a part of the single family dwelling. In addition, the conversion of the garage left the home without off-street parking. Mr. Tucci inherited these problems, but they must be corrected. Mr. Harmon noted that the off-street parking requirements existed in 1966, but they were different from today's Code. Mr. Izzo agreed. He stated at that time only one off-street parking space was required for a single family home. Mr. Tucci noted that the house is being rented to the people who resided there prior to his purchasing the home. They have been told that they cannot use the basement. This is a single family house that is non-conforming. No building permits can be issued until the house is conforming. Mr. Harmon asked if the space could be convereted back to a garage. The architect noted that this is a very steep driveway that backs out to Ridge Street. This portion of the home is underneath the livable space. Mr. Izzo stated that today's Code calls for two off-street parking spaces for a single family dwelling. The requirements are the same in that no parking shall be created within 25' of the property line. Currently the cars park on the front lawn. Alternate options have been reviewed and it was found that a tandem garage would not fit. Mr. Izzo noted that if the applicant restores the garage, then he would not require two spaces. If a permit was applied for in 1966 no variance Zoning Board of Appeals January 6,2009 Page 5 would have been required because the Code called for only one parking space at that time. In order to legalize the construction a variance is required. Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. Trustee Dean Santon addressed the Board as a resident of Rye Brook. He noted that there is a Safe House Task Force that has been dealing with illegal housing in the Village. This is a two family zone and the applicant could make an application to convert the home to a two-family dwelling. A garage is a requirement of off- street parking. The applicant is renting this home and he has been instructed that the basement is not to be used. However, a second inspection found the basement in use. A landlord is responsible for their property and should have control of their tenants. There was an inspection in April, October, and January and violations were issued. It was a garage and it should be restored as a garage. Other homes on Ridge Street have similar driveways that back out onto Ridge Street. This home has three parked cars on the front lawn. He felt that the Zoning Board of Appeals should not grant a variance, and the applicant should be made to return the home to the compliant state. Mr. Harmon noted that whether or not this house is a rental, did not concern the Board. He noted that he questioned if the applicant came into the Village and asked to convert the garage to living space what the consensus of the Board would be. He felt that an application to convert the garage should not be granted as the off-street parking requirements cannot be met. The Board has not been given been any legitimate reason why a variance should be granted for no off-street parking. If this matter was voted upon at this meeting, it would be turned down. Although everyone understands that this was not the applicant's fault, it is now his responsibility to correct. All of the other homes in this area have off-street parking. The applicant now has three parking spaces that are non-conforming. The Board feels that requesting a variance for three off-street parking spaces is too much. Mr. Izzo noted that Mr. Tucci's Affidavit of Service had not been received by the Village. Mr. Tucci submitted the Affidavit to Mr. Izzo. Mr. Tucci requested an adjournment so that he could research the matter further. With the permission of the Board, the matter was adjourned to February 3, 2009. Mr. Harmon stated that depending upon the applicant's goal he may have to re- notice and he must install a new sign. Zoning Board of Appeals January 6,2009 Page 6 Sl ?�eY 11 N kn Ac, who NeS Cf l SSve-o QoA-,Lo-- of -J,o�--kori �yE BR(�v� BUILDING DEPARTMENT �Y,� VILLAGE OF RYE BROOK 938 KING STREET RYE BROOK,NY 10573 (914) 939-0668 COMPLAINT FORM DATE: 6 l oq FOR OFFICE USE ONLY LOCATION: NEW S.B.L.: , — �S�— Z —`I�A OLD S.B.L.: d� �I USE: OWNER: Address&Phone: SOURCE: Phone2 tter/Other: Address&Phone: COMPLAINT: POSSIBLE VIOLATIO INSPECTORS LOG DATE STATUS INS TOR (-\ be c-b - =� Mec-A ba��nec�- c�p 20-�� 7 k, 1 L,v, ap\ A,W,-� f100 a V w 3 x N g N � W 4 O � N 00 N > v-� a y"1 LLL Q Z W LOCI `^ ti C 0 NO)l a� I o �n Z N � Z � O � Z O L cz� W N I I O Z Z Q O v Z � Z Y a n P J o 0 Q W m V^ � 0 < < a U (U a W _ 0 0 a E m o: Z —E ° W C w >r O C o� w LL Z < V O 4 C C O O CL a ILm 3 m a E m QD. W O 0 0. 7 C �_ O F Z U > O Z c c m V O m = u a O ' « m 6 C p (� < Z 0 O I e v a ~O CN oa a N m n z 0 0 s o a n a a c 5 a Z > � Z 141.35-2-34b.pdf Page 1 of 19 y JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK:COUNTY OF WESTCHESTER � -----_ ------------------------- PEOPLE OF THE STATE OF NEW YORK, -against- U.CC-i N2 0042 Defendant. Be it known that complainant herein_iT - �ilS duly authorized code enforcement officer of the Village of Rye Brook,accuses.the defendant(s)named above,residing at 'A'5 Tre rn Jftl 1.M rl of the following offense(s)committed at a`aip �, 2 $� in the Village of Rye Brook,State of New York on the I day of QC 20vYat or about , ` .m. COUNT ONE: (� COUNT TWO: 2ci�,¢ Cbroo��- cm�li 29� 15 � �� 'Ir COUNT THREE: t__ksDul �� an —vtot�l Defendant did wrongfully and unlawfully violate the above stated ordinance in that (s)he did allow or cause to �l Q° W\ n u Y ok f ©CC u W 01 +oc1 C) CSc� 1 OwQ11 Yp Cec �E .� nE Ct All of the above is contrary to the provisions of the statute in such case made and.provided for. The above allegations of fact are made by the complainant herein on direct knowledge(and upon information and belie the sources r f co plainant information and the Srounds for his belief being: ,.with NO_ TILE: PURSUANT TO THE PENAL LAW,SECTION 210.45 IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR TO KNOWINGLY MAK A ATEMENT HEREIN. 6�1 Dated Code nforcement i You are hereby directed to a�Pear before thA'eP1�oP,EAof R NCoEurt+1�+peEarTstnet,Port Chester,New York 105� (Phone k 91leged omm at '1sd) 'c-.m,on the� day of 1J n with your alleged commission of the above described offense. '20�� in connection NOTE. UPON FAILURE TO APPEAR A WARRANT:Ce BE I F R YOUR ARREST Dat Enforcement ZIA fl icer TV 1CT11-C f-r%t io'r nr�rvr rf mm' nn https:Hdl-web.dropbox.com/static/J*avascript/external/pdf-js/viewer.hu l?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 2 of 19 •VJlAVL 4VV1\! STATE OF NEW YORK:COLTNTY OF WESTCHESTER --------------------------------------------------- --- -------- - -X PEOPLE OF THE STATE OF NEW YORK, -against- N® 0014 I T�-x�1 Defendant. ......_�_—------------------------ -------- ------X Be it known that complainant herein duly authorized code enforcement officer of the Village of Rye Brook,accusMEbe defendant(s)named above,residing at 4GEr V�� Qj 1(152 --_ ,of the following ofPense(s)committed at o`�al(0 C � in the Village of Rye Brook,State of New York on the-�4-day Of Aa 20 &at or about COUNT ONE: 9 P CI'i TQOk C415C)e c"� 0 koffi� OF _c C_ Q nc COUNT TWO: �COUNT THREE: ` �xZ `�Sv 2S c ra�� C)SAS 1 CY Tt�t3 �rn.l Facts Defendant did wrongfully and unlawfully violate the above stated ordinance in at (s)he did allow or cause to allow, �F fc,rr�,\uX3S� �5 C, i�\,-b All of the above is contrary to the provisions of the statute in such case made and provided for. The above allegations of fact are made by the complainant herein on dirzct knowledge(and upon information and belief),with the sources of complainant info.oration and the grounds for his belief being:_ &rs 1g-Q LL.[7 p NOTICE: PURSUANT TO THE PETAL LAW,SECTION 210.45,IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR TO KNOWINGLY MAKE A LSE SUEMENTHEREIN. Dated Code E forcemen' APPEARANCE TICKET You are hereby directed to appear before the Town or Rye Court, 10 Pearl Street,Port Chester New York 10573 (Phone k 914-939-33C5)at !.moo[, � .m.on the= day of_ s'`YX, 2Q in connection with your alleged commission of the above desc.ibed offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAY SUED FOR YOUR ARREST yl q�m, Dated Code Enforcement ffic Qy( DR(,U Q� y ('FRTWIFl)MAIL W BUILDING DEPARTMENT HAND DEIJVEREU t902' VILLAGE OF RYE BROOK 938 KIN;STRFFT RYE BROOK,NY 10573 (914)-939-0668 FAX(914)-939-5801 https://dl-web.dropbox.com/static/javascript/external/pdf-js/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 3 of 19 h1'(iiYii'1'tT'i'+'. OWNER: �`n e.�-,�P 1 ��.ic.C. V10IAnoN# 0728 ti F C `I �Yk (� CASE#SECnON: Of)—:2p � BLOCK: z Wl: THE FOLLOWING VIOLATIONS OF THE NEW YORK STATE UNIFORM PRE PREVF.NnON AND BUILDING CODE AND/OR,THE CODE OF THE VILLAGE OF RYE BROOK WERE FOUND TO EXIST AT.- - LOCATED IN AN Q-7�r TANS, IN THE COUNTY OMESTCHF.STER,VR.LACfPOF RYE BROOK,NY ON, 1 �jj 20UE_. CODE SECTION I)TLE/DESCRIPTION ------------ ---- ----------------IV?-in- �`�LhL' r ---A-t-A[ 'c,V_'� Q'= -- -- --------------`—'------ --------- rangy �! L n ?S.,a7+_1. ��•,ut. _ ' � lt;`L llb TghlyK'gL4 c�Ql _ ��e�.�alr---------- Nol Musk cec (?��►` \\ � Q .,,� �C it -t c1n n¢ .t (tA nuh P— u 11 C aik Q-dq U�40 �'®J AC81E D I81E3�( ),MI CTRDz TO CONTACT THIS DEPARTMENT,OBTAIN ALL NECESSARY PE--tKEFS AND CORRECT TM ALONE MENTIONED CONDIT70NS IMMEDIATELY.B19 ADVISED L EAT YOUR 7AILURE TO DO SO IIS A CRI-zZ,?U'"SFIAB"LIT BY FINE,�.2_.SONP�`EN Q.^�8 BQ3TI�. Please note that a reinspection of the above mentioned premises i�'roqul�od byS la"to•conP. oournpGance with all applicable codes. t �--• �1 r BUUDM INS R t �t�t1�� �-� "�' ❑ CODE ENFORC T OFFICER ❑ Vn wm ENGWEER Printer Friendly Report- Image Mate Online Page I oft Property Description Report For: 226 S. Ridge St, Municipality of Village of Rye Brook �t r[P.�• Status: Active Roll Section: Taxable • Swis: 554805 Tax Map ID S: 141.35-2-34 https://dl-web.dropbox.com/static/javascript/extemal/pdf--j s/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 4 of 19 rraperaY a.rass: cw - a rmnur nrn Site: RES l Site Property Class: 210- I Family Res Zoning Code: 02 Neighborhood Code: 01001 Land Assessment: 2008 sl36,000 Total Assessment: 2008 - $516,700 Total Acreage/Size: 50 x 100 School District: Port Chester-Rye Full Market Value: 1008 -$516,700 Legal Property Desc: Deed Book: 11977 Deed Page: 161 Grid East: 718156 Grid North: 790725 Area Living Area: 1,562 sq.R. First Story Area: 1,054 sq.ft. Second Story Area: 0 sq.h. Half Story Area: 508 sq.R. Additional Story Area: 0 sq.R. 3/4 Story Area: 0 sq. R. Finished Basement: 0 sq.R. Number of Stories: 1.5 Structure Budding Style: Cape cod Bathrooms(Full-Half): 2 -0 Bedrooms: 3 Kitchens: 1 Fireplaces: 1 Basement Type: Full Porch Type: Porch-Open Porch Area: 36.00 Basement Garage Cap: 0 Attached Garage Cap: 0.00 sq. ft. Overall Condition: Normal Overall Grade: Good Year Built: 1957 ()%,%tiers Michael I Tuco Margh Tucu 226 S Ridge St 226 S Ridge St Rye Brook NY 10573 Rye Brook NY 10573 http://to%mofryc.sdgnys.com/report.aspx?file=vollocaVI'000048/5 5480514103500020,140(X)... 3/4/2009 Printer Friendly Report-Image Mate Online Pale 2 of 2 Sales Property Prior Value Arms Addl. Deed Deed Sate Date Price Class Sale Type Owner Usable Length Parcels Book Page 4/1/1998 s230,ODO 210 - Land& NAGEL, Yes Yes No 11977 161 1 BuNding IOHN Family W.,JR. Res &SHA 11/19/1992 $0 210• Land 8& NAGEL, No No No 10475 85 1 BuNding IOHN Family W.,JR. Res 4/16/1991 s0 210- Land ROMANI No No No 10146 262 1 Only Family Res ■���� tr ufiva6 40rreYMr. https://dl-web.dropbox.com/static/javascript/external/pdf-j s/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 5 of 19 ___. .rr... .,r,...... ........ ..�rr.r. ...».»..►r..,.. utllltieet Gas ax elec Meet T'ypat Mot wlr/atni Fuel TVpe. 0 Central Ain No Improvements Structure Size Grede Condition Year tlapaoe111a11t Cm* Porch- 36 sq R Average Normal 1957 so open/deck Land Types Type sine Primary 5,158 sq R Special Districts for 2008 Description units Pelt= Valve Blind brook sewer 0 0 516700 Solid waste 0 0 516700 Exemptions Year Description At nowitlt daMlpt 16 Start Yr ittal Tr V The M Coda Om% http:/Itoww ftc.sdPP.aotit/MPOft 5548051410350002034000... 3/4/2M 312712t)Uh Property tUm 210 Assemment -")h 3:34:54MI School Dititriet 554804 fear Ir�pl 111111111IN Rail%ection I Yalu 5 502500 A,%vw O%ner Tumi.Michael J Ncikhhorh(ald lode 11N)I Fiiliti" Elect n,:and Ca, Zi Addre�� 226 S.Ridge St Water Public Water tit Condo Numbe Neighborhood Type Suhurhan Sewer. Public Sewer Si. 1'1'1111tage 50 Depth I Acreage 0 Landscaping Typical to Nelghhorhowi Parcel Reciangular 1opoxraphy Level at Grade %$aterfront None Scenic%iew Norte Driveway Asphalt In N ater%ic%% None I:oir Course None C4 Pond N icn None Other Innuence%None k; Riser Vie" None •t.l style Capc H"Hofor 1054 1/2 Story t t Stories 1.5 Srcond Floor 108 N4 Story Year Built 1957 Addilnnal Hoor 0 pinished Attic Exterior Nall Brick Colnho Total Area 26111 r Window Tvpe 'Ihennal Finished Lower Level 1054 Rlmrr F inivh Architectural Grldc Basement Full t Fireplaces I Finished Rawment Yes Heat l)pe Hot Water/Steam Fuel"type Cias Condition Average tt Central fir None (:rode Very Grx>.1 �C Kitchens LII Garaee Tvue 0 https:Hdl-web.dropbox.com/static/J*avascript/external/pdf-js/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 6 of 19 (:ara8e Square F..tal:e 0 [lair I1ath �� .� Kathy Open Porch 36 ti Rcdrrarnt� Covered Porch 168 IL (inclosed Porch 0 Permit# Uatc Atrpose Ciml Saks Histon 41+ 11 l)t)x $230.000 NAGEL.JOHN W.. X- ,.mcnt History Year 2(11)6 Land AV 136,0()0 Total AV 502,500. Year 2(x)3 Land AV 1.700 Total AV 8,M). Year 2005 Land AV 116.000 Total AV 488,000. Year 2002 Land AV 1.700 Total AV 8.7(X). Year 2004 I-and AV 136.000 Total AV 498.000. Year 2(x)I Land AV 1.700 Taal AV 8.700. Str1u•ture Tips Square l.,lake 41 1 0 0 0 1 Property Record Card, Sketch detail. Section: 141 Sub Section:35 Block:2 Lot: 34 Sub Lot:0 Address:226 S. Ridge St Card #: 1-22-4Ab.4 14 12 12 14 34 34 34 28 8 12 6 4 4 6 1i 17 8 Area# Daeription 0 Floors Arm[sfJ Vector Siring Properilr l ewo Sotwre•Dwm1oped by W W ConsuMng.Inc O Printee 1 MainDWlding t 1.054. A0cu34r34d28117dM17 2 cmwW porch 1 too. Mu34rac0 20 40/211 4 3 open Porch 1 35. A2rl7cuMdM 4 Man buildhtg 2nd floor 1 5m. A3u tOcu14r34dl418d414u4ll2d414u46 5 Basement Apartment 1 1,054. A4cu3V34d28117c8117 https:Hdl-web.dropbox.com/static/javascript/external/pdf-j s/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 7 of 19 PR PERTY ASSESSMENT 'RECORD —TOWN OF RYE, N. Y. EcTroN BLOCK LOT MAF --- _ snTET No. 226$,Rldge St. &Cmttlj W. S. 5 a�Q OWNEE, to! Gicchtelto VALUES / 19l� 19 19 19 I• 19. �_,- _ LAND _ OSBL i-22 4AB 226 S.RMGE S IMFROYEAPNTS s s�CJD TOTAL 0 -- — - Di PT. CORNER FROM BEAR AV. DErtn. UNIT PRICE FACTOR ADJ. F.F_ PRICE TOTAL INII. DEPI. SOUND VALUE f0 f0 IOb /DO RENTAL INFORAAATION CONCERNING THIS PROPERTY _ TOTAL VALUE LAND (�ecs BnR. �un+a urn V_ Meer 4o T.%w TOTAL VALUF RILOINGS 2.^ripO TOTAL VALUE LAND AND W1IDIV05 33.f�6 I RECORD OF OWNIt REVENUE DATE STAMPS CAMTALIZATFON-GROSS-NET 6Un.•NA E C."~ G �1 J W.♦mob .PM.n P.rsnr Gw.r Ar.,•.1 Inonl. 7BbA wi L JA40's! �! B.1.rl•.a W.R.. r...n.lh a GG i G ✓ AIEtNS! d**"ft Lnwreew B.P.Q.IS M•I.L. OPwe11.0 EAp•nw M.n.�w,wl N.r Intprn.L,.F.r.wA.. F E\A I F S FE9eley .n l Ipr.elMl.n DATE TYPE lM.Lr{ery long I.MOr TY T. A OfAr. RNy. InbnT.. tti t.m % D.Pr. y. C—P.I.i— TOTAL Seth.t IM.1'AF—T•. C—o'_ba N'V tJ'_ Lowiw, D•I. k.{ ►.R. Ind. ►rb Inwm.!•rl.{Rwne.S. BUILDING RECORD VEAR tF►IACWEM pEA� BUILDINGS TYPE BUILT HAIM CONDITION Cost rN75. OTnER SOUND VALUE JTv G t- l r o /D fro O OUT BLOO, CoNA. tow FsoOR O.N.D sTT. on ARTA UNIT MAIN bU'.DING CONSTRJCTION TTT. DIMt NSIONS so.FT. UNIT REPLACEMENT !QTAL VAGUE &UIIDINGS NE AAULTTIE ASIT RootJIMIulnNT CELLAR0011:1 � <idFAMILT NI9 ELwwo b B oMsWOOD'VULL ooRMERn—i ■ a f ,t L https://dl-web.dropbox.com/static/javascript/extemal/pdf-js/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 8 of 19 slop! j FACTONY LILTfRIIM WAILS HEATING _ E-- NDnI curwAlDt F4WA-,N . - Cp /Y X I E—Ilcll - WD.WINOV _ WAIfK1RR O - -- ALE_SNINGL! STEAM MOA V►1 P :OM OT AE — 1 AI A IAJ f lr W .G ION LIDINO /• --- �- /plClD k01 Art Air "DING —t -ltKIOC FOUNDATION L,StDtNO UNIT NlATIfS CONCRETE METAL SIDING AI ONDIT. Fap6, f' b - �,�y` 0 CON-CIN,sic. COMP.Y VlFE O UR.STORN Y LK.L} ACF IR.VW. NO NEAT rOSTE L spin —.. ClIEAI AREA rUL1 SiOH ON T LLR. EWMLING YMEM-AlYIC ROOMf O1'� Y.00 /00' SARI CELLAR TUCCO ON FR. LATH C FI IT ND CStUE TUCCO ON C. NR. LATH TIL[D S FIR. MIULATION NCCO ON 1-T IF TOILET RM-7 FIR. FIREPLACE J O•. OO IN 1.Tll -- ASEN.SH14OLIS i UL. .C. IASI%C&M WOOT_ SN1NGllSEANFLt" SIHR HEATING ASRES.SHI FINIIN U1.NAL lNie SIADtlY O G WI-STORII TILE W ElUMLING-TILING �rO MITAI L. l MA. COAL►.LIT UI Y O LIGHTINGINWL. rRINRIIR El VA TOTAL RE►IACEMENT COST LUMMARY H."At 54-1".. ... Read...._............ .............. ...API1 .... ._.....LIRIfL--...,..._... DATE IrEfrELTOR ROOMS AND INTERIOR FINISH ROOAtI S ! S ;Iwo TAa welt. Delel Rllt++ f STREET TO►OORAM!► IMrwvIMEIEIf 1E/riEPO ' �/ PAVED LEVEL WATER SlA11-10AFROVID HION SEWN .•!~~ / //C T ! DI IT LOW OAS U1,1Im' kpi. SIDEWALI ROLLING - ELECTRICITY QeL. IITY�y hip T/ a W'#6C AD X SWAMPY AIL UTILITIES KEANE & BEANE, P.C. ATTORNEYS AT LAW 4A5 HAMILTON AVENUE� /1 ,�Qp)ft � WHITE PLAINS, NEW YORK 10601 AU, (914)946 777 �Y�[ FAX 1914)946di668 www.kblaw.COm 200WESTAOE BUSINESS CENTER AMANOA E. KANOEL FISNKILL, NEW YORK 12524 ASSOCIATE (645)896-0120 AKANDELOKE[LAW.COM December 16,2008 VL4 FIRST CLASS AK4IL =BVILD�il�qQRYE WED James M. Lenihan,Esq.235 Main Street White Plains,ICY 10601 Re: People v. Michael Tucci Case No. 08040112 Dear Mr. Lenihan: This letter is to inform you that your client, Mr. Michael Tucci, cannot allow his tenants or anyone else at 226 S. Ridge Street, Rye Brook,New York to use the basement as a dwelling unit, or for any other reason until a certificate of occupancy is obtained by Mr. Tucci from the Village of Rye Brook Building Department. Currently, your client has several zoning code violations pending in the Village of Rye https://dl-web.dropbox.com/static/J*avascript/extemal/pdf-js/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 9 of 19 tirook Justice Louri, inctudmg 4 23u-ma), occupying the basement without the required certificate of occupancy. On December 10, 2008, Mr. Steven Fews, Code Enforcement Officer of the Village of Rye Brook conducted an inspection at which Mr. Tucci and Mr. James Monteleon from your office were present. At this inspection Mr. Fews observed a fully furnished basement, a sink full of dirty dishes, cabinets full of food and appliances plugged in and operational, as well as televisions hooked up to cable and working. Mr. Fews informed Mr. Tucci that no one should be using or occupying the basement to which Mr. Tucci responded that it was only the tenants upstairs that were using it. Any use of the basement is in direct violation of the Village of Rye Brook Code §250-10(a). The Village may issue additional violations to Mr. Tucci if the basement continues to be used or otherwise occupied without a certificate of occupancy. 13MW/34%41 VI 12116N8 1(EAN E & B EAN E. P. C. James M. Lenihan,Esq. December 16,2008 Page 2 Please advise your client to cease using the basement in violation of the Code or the Village will have no choice but to serve additional violations. l trust this will not be necessary. :Z: yeW Amanda E.Kandel Village Prosceutor AEK/sj cc; Michael Izzo, Building Inspector Steven Fews,Code Enforcement Officer https://dl-web.dropbox.com/static/javascript/external/pdf-js/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 10 of 19 1313-99,749691 NA 12116r08 -Z- +V VILLAGE OF RYE BROOK MAYOR 938 King Street,Rye Brook,N.Y. 10S73 ADMINISTRATOR Joan L.Feinstein (914)939-0668 Fax(914)939-6801 Christopher J.Bradbury www.ryebrook.oig TRUSTEES BUILDING it,FIRE Michael S.Brown INSPECTOR Patricia Sanders Romano Michael J.12zo Paul S.Rosenberg Dean P.Santon June 16,2009 Mr.Michael Tucci Via First Class Mail 95 Freemont Street Harrison,NY 10528 Re: 226 South Ridge Street,Rye Brook,NY Parcel ID# 141.35-2-34 and Notice of Violation#0728: Summons#0014 Mr.Tucci, The Building Department is in receipt of four(4)sets of revised plans dated 6110/08,prepared and submitted by your architect Mr. Stephen Marchesani,R.A.,in connection with the proposed legalization at the above captioned address. As stated in my previous letter to you dated 6/9/08,a copy of which is attached,your application does require site plan review by the Village Planning Board.As further stated in my previous letter,you must comply fully with the requirements for site plan review as per Village Code §209. Your submission of four(4)copies of revised plans falls short of the requirements as outlined by code and as such,your application remains deficient. The Building Department will not accept a piecemeal submission in connection with this open violation,and I urge you to contact your design professional for guidance. n_..J...__J♦L_a.._..-C_.1..__— •-♦L:-- --J _..L—:.-___�__t_.�_...--.,-J 01 -H!-- https:Hdl-web.dropbox.com/static/javascript/external/pdf-j s/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 11 of 19 Oc auvww uIaL yuw ia[iurc w MbpVoU w uua nuut:c aiiu suonuL a prOperiy prcparcu anc r►an Application,complete with all required documentation,and pay all required application fees as per Village Code§209 within ten(10)days of receipt of this notice may result in additional Court Summonses issued against you. Thank you for your anticipated immediate cooperation,and please feel free to contact this department,or to have your design professional contact this office should you or he require any fiuthcr information. Sq' g to Bire Inspector Village of Rye Brook NY m i zzo(a)ryebrook.org cc:Jennifer L.Reinke,Esq. Steven E.Fcws,Assistant Building Inspector James Lenihan,Esq. https://dl-web.dropbox.com/static/J*avascript/extemal/pdf--j s/Viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 12 of 19 19 VILLAGE OF RYE BR®K r 938 King Street, Rye Brmk, N.Y. 10573 Mr. Michael Tucci 95 Freemont Street Harrison, NY 10528 VILLAGE OF RYE BR®K 938 King Street, Rye Brmk, N.Y. 10573 Mr. James Lenihan, Esq. Lenihan and Associates LLC 235 Main Street White Plains, NY 10601 anJ . 1 VILLAGE OF RYE BROOK MAvrxt 939 Kino Street.Rve Brook.N-Y. 10673 ADMINISTRATOR https://dl-web.dropbox.com/static/J*avascript/extemal/pdf-js/viewer.html?file=%2F%2Fdl-w... 5/1/2014 141.35-2-34b.pdf Page 13 of 19 Joan L.Feinstein (914)939-0668 Fax(914)939-NON Christopher J.Bradbury www.ryebrook.ong TRUSTEES BUILDING&FIRE Michael S.Brown INSPECTOR Patricia Sanders Romano Michael J.Izzo Paul S.Rosenberg Dean P.Santon June 9,2008 Mr.Michael Tucci Via First Class Mail 95 Freemont Street Harrison,NY 10528 Re:226 South Ridgc Street,Rye Brook,NY Parcel Ill# 141.35-2-34 and. Notice of Violation#0728;Spm Mons#0014 Mr. Tuc:ci, The Building Department is in receipt of an application and three(3)sets of plans dated 5120/08, prepared and submitted by your architect Mr. Stephen Marchecani,R.A.,and intended for the purpose of legalizing your single family dwelling located at the above captioned address situated in the R2-F zoning district,by converting it to a two(2)family dwelling. Please note that the application and plans submitted are insufficient for this proposed conversion. The Code of the Village of Rye Brook requires Site Plan Review and approval by the Village Planning Board on any application for a proposed change in use,or for a change to an existing use that will effect among other things,off-street parking. Since your application falls into this category,you are subject to all requirements as outlined in Village Code§209.Please have your design professional review§209 of Village Code for information pertaining to the required Site Plan process,and have him submit all the required information. Furthermore,your proposed plans make no provision for the required five(5)off-street parking spaces as outlined in§250-6.G.(1)(c)[2]of Village Code.In fact,the plans show no code compliant off-street parking at all.Your design professional must revise the plans to provide code compliant off-street parking,or you must request a variance from the Village Zoning Board of Appeals. As you know,this application is the subject of a Rye Town Court Summons and as such,I request that you instruct your design professional to prepare and submit all required information as quickly as possible,so as not to cause any undo delay. Thank you for your anticipated immediate cooperation,and please feel free to contact this department or to have vour design nrofessional contact this office should you or he reouire anv https://dl-web.dropbox.com/static/J*avascript/external/pdf-j s/viewer.html?file=%2F%2Fdl-w... 5/1/2014 JUSTICE COURT: TOWN OF RYE COUNTY OF WESTCHESTER: STATE OF NEW YORK -----------------------------------------------------------------------------X Matter of the Application of the VILLAGE OF RYE BROOK,by Steven Fews,Assistant Building Inspector for the Village of Rye Brook, acting in the course of his official duties for a warrant authorizing the search of 226 SOUTH RIDGE STREET, Rye Brook, New York,identified on Village tax AFFIRMATION IN SUPPORT assessment maps as Section 941.75, Block 2,Lot 43, OF APPLICATION FOR owned by MICHAEL TUCCI, for inspection of the SEARCH WARRANT Premises to determine whether the finished basement is being occupied as a separate dwelling unit in violation of the Rye Brook Village Code. ----------------------------------------------------------------------------X COURTNEY E. MCGOWAN, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following pursuant to Section 2106 of the Civil Practice Law and Rules: 1. I am an associate of the law firm of Keane & Beane, P.C., White Plains, New York. Our office is the Village Attorney for the Village of Rye Brook, New York (the "Village") and I am fully familiar with the above-captioned enforcement matter with respect to the real property located at 226 South Ridge Street, Rye Brook, New York (the "Premises"), owned by Michael Tucci (the "Owner"). I submit this affirmation in support of the Village's application for a warrant to inspect the Premises. 2. The Premises is located in the R-2F, One and Two Family Zoning District. It has a valid Certificate of Occupancy ("CO") for only single-family use. 3. The Owner was charged with three violations of the Code of the Village of Rye Brook with regard to the Premises: (1) Section 250-10, Failure to Obtain a Certificate of Occupancy, to wit, allowing or causing to allow the basement of the a single-family home to be occupied by individuals as a separate habitable space without a Certificate of Occupancy JUSTICE COURT:TOWN OF RYE COUNTY OF WESTCHESTER: STATE OF NEW YORK ------------------------------------------------------------------------------X Matter of the Application of the VILLAGE OF RYE BROOK,by Steven Fews,Assistant Building Inspector for the Village of Rye Brook, acting in the course of his official duties for a warrant authorizing the search of 226 SOUTH RIDGE STREET, Rye Brook, New York, identified on Village tax AFFIDAVIT IN SUPPORT OF assessment maps as Section 941.75, Block 2,Lot 43, APPLICATION FOR owned by MICHAEL TUCCI, for inspection of the SEARCH WARRANT premises to determine whether the finished basement is being occupied as a separate dwelling unit in violation of the Rye Brook Village Code. ----------------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.. COUNTY OF WESTCHESTER ) STEVEN FEWS, being duly sworn, deposes and says: 1. I am the Assistant Building Inspector of the Village of Rye Brook and; as to the subject matter of this application for a search warrant I am acting in the course of my official duties. This affidavit is made in support of an application for a warrant to conduct the search of a dwelling at 226 South Ridge Street, Rye Brook, New York (the "Premises"), owned by Michael Tucci (the "Owner"). 2. I have served as Code Enforcement Officer of the Village of Rye Brook continuously from 2005 through 2007 and have continuously served as Assistant Building Inspector since 2007. Before that time, I served as Code Enforcement Officer for the Village of Mamaroneck, for approximately seven (8) years. 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"r _ z>.. , i� L..J .,� �� � ..Ly q Fi. �� _ � A, ,. . � j ., �. _,' - �:;. �.�. _ - . . . �_.._, } 2 — y°w. . _. _ \ ����� �. } \_ - \�� »#� �2 . . ,� . . . . . . - : �\ - \���y . � � / � § !� � � y : � �6< ���s � • � ��° ��� ' - � . � � -«�� ; � . . � - \/�m � �� � / \ . - � ƒ � ^ . - - ��� } � �/� . � . � � � . \ . . � . »=a\ / � : . ����g . � « ©� J : � « «��.\�. . . . . ^` \ .: ^ \ � � .��, � _¥ � ® < , ` ■ �yy 4 Y Mi k 4 ?4 Ilk ,. •tom ►I �• _ Aw, 010 1 t !:. 4v R i f EC g4F low W *W iW IW W its * IN " ow ' r» t E - A- j k r oraft Y v 1 ~ ^s � 1 • Y r Q � Q 4 c� r s rs a -4r_ v a- Qar.� Certified Mail BUILDING DEPARTMENT Hand Delivered VILLAGE OF RYE BROOK 938 KING STREET,RYE BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 www.lyebrook.org NOTICE OF VIOLATION AND ORDER TO REMEDY SAME TENANT/OCCUPANT: HEIDY FRANCO GARCIA VIOLATION#: E 1012 226 SOUTH RIDGE STREET NOTICE#: ist RYE BROOK NY 10573 S.B.L.: 141.3 5- 2-3 4 The following violations of the Code of the Village of Rye Brook,and/or the New York State Uniform Fire Prevention& Building Code were found to exist at,226 SOUTH RIDGE STREET located in an, R-2F zoning district, in the County of Westchester,Village of Rye Brook,NY on,APRIL 28T" 2016. CODE SECTION&TITLE DESCRIPTION New York State Property Maintenance 404.1 Bedroom Requirements. -Bedroom(s)found being occupied by 4 persons. 50 square feet per person is Required. (2" floor). New York State Property Maintenance Code 704.2 Smoke Alarms - Smoke Detectors required in each bedroom and outside each bedroom. I� New York State Property Maintenance Code 705.1 Carbon Monoxide Alarms-Carbon Monoxide detectors required on each level of sleeping rooms. Villa a of Rye Brook Code 186-2.A Trimmina of Brush Removal of Hazards- Rear yard found accumulated with garbage, rubbish, refuse and/or discarded items. (see photos)areas must be maintained in a clean and safe manner. You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be completely cured by no later than, June 5th 2016, which is thirty (30) days after the date of this notice and are returnable at the rate of$1,000.00/day for each day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the premises is required by law to confirm compliance with this notice & all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BY,FINEI IMPRISONMENT OR BOTH. O BUILDING INSPECTOR '� ASSISTANT BUILDING INSPECTOR Certified Mail ( £ BUILDING DEPARTMENT Hand Delivered K ? VILLAGE OF RYE BROOK • �98i • 938 KING STREET,RYE BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 www.iyebrook.org NOTICE OF VIOLATION AND ORDER TO REMEDY SAME TENANT/OCCUPANT: HEIDY FRANCO GARCIA VIOLATION#: E 1012 226 SOUTH RIDGE STREET NOTICE#: lSt RYE BROOK NY 10573 S.B.L.: 141. 3 5- 2-3 4 The following violations of the Code of the Village of Rye Brook,and/or the New York State Uniform Fire Prevention& Building Code were found to exist at,226 SOUTH RIDGE STREET located in an, R-217 zoning district, in the County of Westchester,Village of Rye Brook,NY on,APRIL 28T" 2016. CODE SECTION& TITLE DESCRIPTION New York State Property Maintenance 404.1 Bedroom Requirements. - Bedroom(s)found being occupied by 4 persons. 50 square feet per person is Required. (2" floor). New York State Property Maintenance Code 704.2 Smoke Alarms - Smoke Detectors required in each bedroom and outside each bedroom. New York State Property Maintenance Code 705.1 Carbon Monoxide Alarms - Carbon Monoxide detectors required on each level of sleeping rooms. Villaee of Rye Brook Code 186-2.A Trimming of Brush Removal of Hazards - Rear yard found accumulated with garbage, rubbish, refuse and/or discarded items. (see photos)areas must be maintained in a clean and safe manner. You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be completely cured by no later than, June 51h 2016, which is thirty (30) days after the date of this notice and are returnable at the rate of$1,000.00/day for each day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the premises is required by law to confirm compliance with this notice & all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BY IN IMPR�ISO,NMENT OR BOTH. O ILDING I SPECTOR ASSISTANT BUILDING INSPECTOR y V ki 70 � �� i� �=�•a- at-.�x.z - � no NJ 4 tin +t � ► �t .,, Q ". b i �o `r1 ` Qf 3s14 CO L11 o AWA 0 rA s t 01- a4 - � Q v H Q , V � }. Q d �yE DR LUG JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER X 19 PEOPLE OF THE STATE OF NEW YORK, -against- ROSA MARIA ZAYAS, No . E . 0124 Defendant. --------------------------------------------------------------------------------X Be it known that I, Steven E. Fews the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook,do hereby accuse the defendant(s)named above,residing at 226 South Ridge Street, Rye Brook,NY,who is the occupant of the pr?Xerty at which the following offenses were committed,at,226 South Ridge St. in the Village of Rye Brook New York, on the 28 day of,April 2016,at or about 6:15 am,o'clock. COUNT ONE: Code of the Village of Rye Brook 4250-25.A and 4250-12 Permitted Principal Uses. TO WIT: The defendant occupies the basement in the single-family residence at the above-mentioned address as a separate dwelling unit, in that such defendant is unrelated in a familial way to the first floor occupant or to the first floor occupant's child day-care facility being operated on the first floor of the dwelling,or to the seven other individuals found to be occupying the first& second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets & countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. COUNT TWO: Code of the Village of Rye Brook 4250-10.A and 4250-12 Certificate of Occupancy Required TO WIT: The defendant occupies the basement in the single-family residence at the above-mentioned address as a separate dwelling unit without a Certificate of Occupancy for such use, in that such defendant is unrelated in a familial way to the first floor occupant or to the first floor occupant's child day-care facility being operated on the first floor of the dwelling,or to the seven other individuals found to be occupying the first&second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets& countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor,without a Certificate of Occupancy for such basement separate dwelling unit. All the above is contrary to the provisions of the statutes in such case made and provided.The above allegations of fact are made by the complainant herein on direct knowledge(and upon information and belief),the source of which being an inspection(s)on, April 28"'2016,and the attached photographs taken on that date by me and/or the Building Inspector, Michael Izzo,and Building Department records. Any false statements made herein are punishable as a Class "A" Misdemeanor pursuant to §210.45 of the NY Penal Law. Dated Code Enforcement Officer APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye,350 North Main Street,Port Chester, New York 10573,(914)-939-3305, at: 9:00am on the 18th day of May 2016, in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR, A WARRANT MAY BE ISSUED FOR YOUR ARREST Dated Code Enforcement Officer R71r.� Certified Mail BUILDING DEPARTMENT Hand Delivered _ on VILLAGE OF RYE BROOK 1 .ygi , 938 KING STREET,RYE BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 www.ryebrook.org NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OCCUPANT/TENANT ROSA MARIA ZAYAS VIOLATION#: E 1013 226 SOUTH RIDGE STREET NOTICE#: is` RYE BROOK NY 10573 S.B.L.: 141.3 5- 2-3 4 The following violations of the Code of the Village of Rye Brook,and/or the New York State Uniform Fire Prevention& Building Code were found to exist at,226 SOUTH RIDGE STREET located in an,R-2F zoning district, in the County of Westchester, Village of Rye Brook,NY on,APRIL 28T" 2016. CODE SECTION&TITLE DESCRIPTION New York State Property Maintenance Code 704.2 Smoke Alarms - Smoke Detectors required in each bedroom and outside each bedroom New York State Property Maintenance Code 705.1 Carbon Monoxide Alarms-Carbon Monoxide detectors required on each level of sleeping rooms Village of Rye Brook Code 186-2.A TrimminE of Brush Removal of Hazards- Rear yard found accumulated with garbage, rubbish, refuse and/or discarded items. (see photos)areas must be maintained in a clean and safe manner You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be completely cured by no later than, June 5`h 2016, which is thirty (30) days after the date of this notice and are returnable at the rate of$1,000.00/day for each day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the premises is required by law to confirm compliance with this notice & all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BY FINES IMPRISONMENT OR BOTH. ( ) BUILDING INSPECTOR r(�� ASSISTANT BUILDING INSPECTOR y 4'. 01 V JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER -------------------------------------------------------------------------------X 19 PEOPLE OF THE STATE OF NEW YORK, -against- KAROL MEJIA, No . E . 0129 Defendant. -------------------------------------------------------------------------------X Be it known that I, Steven E. Fews the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook,NY,do hereby accuse the defendant(s)named above,residing at 226 South Ridge St. Rye Brook,NY 10573,the tenant of M the property at which the following offenses were committed,at 226 South Ridge Street in the Village of Rye Brook,New York, on the 28 h day of April,2016,at or about 6:15 am o'clock. COUNT ONE: Code of the Village of Rye Brook 4250-25.A.and 4250-12 Permitted Principal Uses TO WIT: The above-named defendant did allow or cause to allow occupancy of the basement in the single-family residence at the address described above as a separate dwelling unit, in that such basement occupant is unrelated in a familial way to Karol Mejia, or to Ms. Mejia's Child Day-Care Facility being operated on the first floor of the subject dwelling,or to the seven other individuals found to be occupying the first&second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets & countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. In addition to the basement dwelling unit, the defendant allowed two bedrooms at the property described above to be separated by a locked door and occupied by two separate families. COUNT TWO: Code of the Village of Rye Brook 4250-10.A.and 4250-12.Certificate of Occupancy Required TO WIT: The defendant did allow or cause to allow occupancy of the basement in the single-family residence at the above-mentioned address as a separate dwelling unit, without a Certificate of Occupancy, in that such basement occupant is unrelated in a familial way to Karol Mejia, or to Ms. Mejia's Child Day-Care Facility being operated on the first floor of the dwelling, or to the seven other individuals found to be occupying the first& second floors of the single family dwelling at the subject address. In that the basement contains complete and separate housekeeping facilities for one family and/or tenant including; separate bedroom/sleeping facilities, separate 3 piece bathroom/sanitary facilities, separate food preparation facilities including kitchen cabinets&countertop, cold food storage and cooking appliances, a separate and remote entrance from the exterior of the building, and a locked entrance door separating the basement space from the first floor. In addition to the basement dwelling unit, the defendant allowed two bedrooms at the property described above to be separated by a locked door and occupied by two separate families without a Certificate of Occupancy permitting said use. All the above is contrary to the provisions of the statutes in such case made and provided. The above allegations of fact are made by the complainant herein on direct knowledge (and upon information and belief), the source of which being inspections of the premises on May 13te 2015 and April 28, 2016, including the attached photographs taken on these dates by me and/or the Building Inspector, Michael Izzo in my presence, showing the conditions as described above, and Building Department records. Any false statements made herein are punishable as a Class"A"Misdemeanor pursuant to §210.45 of the NY Penal Law.t Dated Code Enforcemht Offeer APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye,350 North Main Street,Port Chester, New York 10573,(914)-939-3305,at; 9:00am on the 18t6 day of May 2016, in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR, A WARRANT MAY BE ISSUED FOR YOUR ARREST Dated Code Enforcement Officer Certified Mail BUILDING DEPARTMENT Hand Delivered T VILLAGE OF RYE BROOK Wax 9 938 KING STREET,RYE BROOK,NY 10573 (914)939-0668 FAX(914)939-5801 www jyebrook.org NOTICE OF VIOLATION AND ORDER TO REMEDY SAME TENANT/OCCUPANT: KAROL MEDIA VIOLATION#: E 1011 226 SOUTH RIDGE STREET NOTICE#: ls` RYE BROOK NY 10573 S.B.L.: 141.35- 2-34 The following violations of the Code of the Village of Rye Brook,and/or the New York State Uniform Fire Prevention& Building Code were found to exist at,226 SOUTH RIDGE STREET located in an, R-2F zoning district, in the County of Westchester,Village of Rye Brook,NY on,APRIL 28TH 2O16. CODE SECTION&TITLE DESCRIPTION New York State Property Maintenance 404.1 Bedroom Requirements. - Bedroom(s)found being occupied by 4 persons. 50 square feet per person is Required. (2nd floor). New York State Property Maintenance Code 704.2 Smoke Alarms - Smoke Detectors required in each bedroom and outside each bedroom New York State Property Maintenance Code 705.1 Carbon Monoxide Alarms-Carbon Monoxide detectors required on each level of sleeping rooms New York State Property Maintenance Code 306.1 Handrails and Guardrails- Every exterior and interior flight of stairs having more than 4 risers shall have a handrail on one side of the stair... New York State Residential Code R311.5.3.3 Profile(Stair Cases)—A nosing not less than inch but not more than 1 '/4 inch shall be provided on stairways with solid risers. Villaee of Rye Brook Code 186-2.A Trimmine of Brush Removal of Hazards - Rear yard found accumulated with garbage, rubbish, refuse and/or discarded items. (see photos)areas must be maintained in a clean and safe manner Villaee of Rye Brook Code 91-2.A(1)Buildine Permit Required; exceptions - One Story detached sheds must comply with property line setback regulations. Minimum 5feet off property lines You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be completely cured by no later than, June 51h 2016, which is thirty (30) days after the date of this notice and are returnable at the rate of$1,000.00/day for each day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the premises is required by law to confirm compliance with this notice & all other applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BY FINE, IMPRISONMENT OR BOTH. ( ) BUILDING INSPECTOR ASSISTANT BUILDING INSPECTOR v v -v 4 � J J �►LL � Qcrz. tr�a9Z•• (o {I Q• o 0 n In kL oR1 5_ S� oke k ( ram- s1or ! �Q 00 OAL -J V ~ Q � Q V +o 41 v �J � _ 1