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JOB LOCATION
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Tara Gerardi
From:Mike Izzo
Sent:Tuesday, July 21, 2020 10:07 AM
To:Rita J. Tino, Esq.; Billmason@masonandmason.net
Cc:Tara Gerardi; Laura Petersen; Steven Fews; Drew Gamils
Subject:RE: 9 Bell Place- Pool documents
Attachments:288.pdf; 2168.pdf; 2434.pdf
Dear Ms. Tino,
Thank you for your review of the documents pertaining to 9 Bell Place, unfortunately I cannot agree with your
evaluation.
The home at 9 Bell Place was permitted for construction on June 5, 1950 under permit #198, and completed on or about
January 10, 1957 on which date Certificate of Occupancy #268 was issued to the property owner for a single family
nd
dwelling. At that time there was no swimming pool present on the property. The next permit issued was for a 2 story
rear addition under permit #288 issued on November 16, 1957. This permit has no Certificate of Occupancy. The next
permit was #2168 issued on May 27, 1977 for the construction of a swimming pool. This permit has no Certificate of
nd
Occupancy. Next is permit #2434 issued on April 1, 1980 for a 2 story addition. A conditional 30 day Certificate of
Occupancy #1182 was issued for this permit on June 14, 1994, however the file contains no evidence that the conditions
set by the Building Inspector on his June 14, 1994 letter were ever met so this C/O is invalid. The last two permits in the
file, #1539 issued June 2, 1997 for the family room addition, and Roof Permit #RP 13-039 were both closed out in the
manner prescribed by law and present no issue.
The file does contain a letter dated November 7, 1996 from the Building Inspector at that time which references permit
#288 and permit #2168. However this letter is limited to the time frames indicated on the letter; prior to 1980 and the
date of the letter November 7, 1996. This letter does not apply today and is not recognized as a substitute for a
Certificate of Occupancy.
Thus there are three (3) known open issues regarding 9 Bell Place listed below with their remedies;
nd
1. Permit #288 issued 11/16/57 for a rear 2 story addition. In order to close this permit your client must submit
an application for C/O and the $100.00 C/O fee along with a floor plan of the rear addition prepared by a NY
State Registered Architect (RA) or NY State Licensed Professional Engineer (PE) showing compliance with the NY
State Codes for life safety and habitability. Your client must also retain the services of a Westchester County
Licensed Electrician to file for an Electrical Permit for whatever electrical installations are present, as well as a
Westchester County Licensed Plumber to file a Plumbing Permit for whatever plumbing is present. Inspections
must ensue and upon successful completion of the final inspection, a C/O may then be issued thus closing out
the permit. A copy of this permit is attached hereto.
2. Permit #2168 issued 5/27/77 for the swimming pool. In order to close this permit your client must submit a
separate C/O application and $100.00 fee along with a current property survey. They must also retain the
services of a Westchester County Licensed Electrician to file for an electrical survey of the pool equipment to
assure the safety of the equipment in its present state. If the pool heater is fed by natural gas, they must also
retain the services of a Westchester County Licensed Plumber to file for a Plumbing Permit for the gas
installation. Upon inspection the Building Department will be looking for compliance with the 2020 Residential
Code of NY State (RCNYS) regarding all swimming pool safety initiatives such as barricades, fences, gates,
window safety locks, pool alarms, door alarms, entrapment protection, anti-syphon devices, and anything else
required by the State under the Code. A copy of this permit is attached hereto.
1
nd
3. Permit #2434 issued 4/1/80 for the 2 story addition. In order to close the loop on this permit your client must
schedule an inspection with the Building Department of the areas indicated on the letter of conditions dated
June 14, 1994. A copy of the June 14, 1994 conditions letter is attached hereto.
Thank you for your assistance in resolving these open issues, and please feel free to contact me should you require
further information.
Regards,
Michael J. Izzo
Building & Fire Inspector
Village of Rye Brook, NY
(914) 939-0668
From: Rita J. Tino, Esq. \[mailto:rtino@optonline.net\]
Sent: Monday, July 20, 2020 4:42 PM
To: Mike Izzo <MIzzo@ryebrook.org>; Billmason@masonandmason.net
Subject: Fwd: 9 Bell Place- Pool documents
Hello Mr. Izzo-
Attached please find the following:
-Approval document signed by Bld. Inspector Fidelibus for permit no. 2168 for the Pool dated May 27,
1977
-Permit Application for Pool
-Architectural plans for the Pool
-Fire Underwriters Certificate
-Letter from Building Dept. demonstrating that a specific C/O is not required.
-Survey of Pool
-Copy of Building card and assessor's card showing the pool was original to the house in 1955 and
then inspected again in 1977 and approved in 1977.
Please confirm your receipt of these documents which depict the approval of the pool and that all
is in order.
Thank you again for all your time,
Rita J. Tino, Esq.
2
Rita J. Tino, Esq.
Law Office of Rita J. Tino
9 McCullough Place
Rye, New York 10580
Tel. 914.967.1001
Fax. 914.206.9608
rtino@Tinolaw.com
---------- Original Message -------
---From: rtino@optonline.net
To: rtino@optonline.net
Date: July 20, 2020 at 4:11 PM
Subject:
Rita J. Tino, Esq.
Law Office of Rita J. Tino
9 McCullough Place
Rye, New York 10580
Tel. 914.967.1001
Fax. 914.206.9608
rtino@Tinolaw.com
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