I i N. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM PAULA A. FROM, GERALD FROM, and EUGENE MARKOWITZ, Petitioners/ Plaintiffs For a Judgment Under Article 78 of the CP LR, ~against- CHRISTOPHER P. ST. LAWRENCE, in his Of?cial capacity as Supervisor of the Town Of Ramapo, New York, and ANTHONY MALLIA In his of?cial capacity as Chief Building Inspector of The Town of Ramapo, New York, and VIOLA GARDENS, LLC Respondents/ Defendants. TO THE ABOVE NAMED RESPONDENTS: PLEASE TAKE NOTICE that upon the annexed complaint and veri?ed petition veri?ed on Index #23 1/ Date Purchased: I NOTICE OF PETITION cam; "m M, 7 323cob- (ID-min. ?9 3:23; 8c: June 1, 2016, and the exhibits attached thereto, the undersigned shall move the court at the courthouse thereof at Putnam County Supreme Court located at, at 9:30 AM on the 15th day of July 2016, or as soon thereafter as counsel may be heard for an order and judgment pursuant to article 78 of the civil practice law and rules as follows: a) Commanding the Town Respondents to issue stop work orders prohibiting the continued construction on the site unless and until the preperty conforms to permissible zoning; and A - b) Enjoining continued construction by Respondent Viola Gardens, LLC pursuant to Town Law ?268(2) and under the common law; and c) Enjoining continued construction by Respondent Viola Gardens, LLC to prevent irreparable harm to the public pursuant to CP LR ?630l; and d) Enjoining continued construction by Viola Gardens, LLC as a public nuisance and awarding Petitioner Plaintiffs damages, attorneys fees costs and disbursements; e) Granting such other, further and different relief as to this Court may seem just pr0per and equitable. PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR 7804(c) an answer and any supporting papers must be served on the undersigned no later than five (5) days before the return date set forth above. Dated: June 3, 2016 Chestnut Ridge, New York KEVIN T. CONWAY, P.C. - Ke onway 664 Chestnut Ridge Road Chestnut Ridge, New York 10977 (845)352?0206 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM PAULA A. FROM, GERALD FROM, and Index #2 7 52459046 EUGENE MARKOWITZ, Date Purchased: Petitioners/ Plaintiffs NOTICE OF PETITION For a Judgment Under Article 78 of ?against- INDEX O. CHRISTOPHER P. ST. LAWRENCE, in his Of?cial capacity as Supervisor of the Town Of Ramapo, New York, and ANTHONY MAILLIA In his of?cial capacity as Chief Building Inspector of The Town of Ramapo, New York, and - VIOLA GARDENS, LLC ReSpondents/ Defendants. To the above named Defendants: YOU ARE HEREBY SUMMON ED to answer the Complaint in this action and to serve a copy 'Of your answer, or, if the complaint is not served with this summons, to serve a notice Of appearance, on the plaintiffs? attomey(s) KEV-IN T. CONWAY, P.C. within twenty (20) days after the service of this summons, exclusive of the date of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: June 3, 2016 - Chestnut Ridge, New York CONWAY, P.C. By: Kevin . Conway 664 estnut Ridge Road Chestnut Ridge, New York 10977 (845)352?0206 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM PAULA A. FROM, GERALD FROM, and EUGENE MARKOWITZ, Petitioners? Plaintiffs For a Judgment Under Article 78 of the CPLR, ?against- CHRISTOPHER P. ST. LAWRENCE, in his Of?cial capacity as Supervisor of the Town Of Ramapo, New York, ANTHONY MAILLIA In his of?cial capacity as Chief Building InSpector of The Town of Ramapo, New York, and VIOLA GARDENS, LLC, Respondents? Defendants. 0 COMPLAINT AND VERIFIED ARTICLE 78 PETITION INDEX No. 6 TO THE SUPREME COURT OF THE STATE OF NEW YORK: Plaintiff-Petitioners PAULA A. FROM, GERALD FROM, and EUGENE MARKOWITZ (collectively the ?Petitioners?), by their attorney Kevin T. Conway, P.C., as and for their Complaint and Petition in the above?captioned proceeding respectfully allege, as to their own conduct, and upon infonnation and belief as to the conduct of others and the public record, as follows: i- 0 PRELIMINARY STATEMENT 1. Petitioner Plaintiffs are homeowners who reside in a neighborhood in the Town of" Ramapo known as Viola Estates. Respondent Defendant Viola Gardens LLC is the owner/developer of a 5.5-acre parcel of land upon which a 44-unit condominium project is being constructed. As the documentary evidence and the record will show the developer has illegally and materially misrepresented both the size of the units and density of the project in violation of zoning, building and ?re safety laws. The Petitioner Plaintiffs have suffered and will continue to suffer immediate and irreparable damages if the construction if not stepped, evaluated independently, and made to conform to zoning and ?re safety codes. 2. Petitioner Plaintiff Paula A. From resides at 2 Solond Road in the Town of - Ramapo, County of Rockland and State of New York within, 500 feet of the project. 3., - Plaintiff Petitioner Gerald From is the husband of Paula A. From and also resides at 2 Solond Road within 500 feet of the project. 4. 'Plaintiff Petitioner Eugene Markowitz resides at 4 Crestview Terrace in the Town of Ramapo, County of Rockland and State of New York within approximately 1500 feet of the project. 5. Respondent Defendant Christopher P. St. Lawrence is the elected Supervisor of the Town of Ramapo, County of Rockland and State of New York and is charged with the administration and execution of the laws of the Town of Ramapo the County of Rockland the State of New York and United States of America. 6. Respondent Defendant Anthony Mallia is the appointed Chief Building InSpector of the Town of Ramapo, County of Rockland and State of New York and is charged with the 5 .. -. <73 0 .. statutory, non-delegable duty to administer and enforce the building and zoning laws of the Town of Ramapo, County of Rockland and State of New York. 7. Respondent Defendants ChristOpher P. St. Lawrence and Anthony Mallia are collectively referred to as "Town Respondents". 8. Upon information and belief, respondent Defendant Viola Gardens, LLC (?Viola? or the ?Developer?) is a limited liability company that owns and is developing a 5.5-acre parcel in the Town of Ramapo, County of Rockland and State of New York known as SBL 50.13-3-29 (the "Project"). FACTUAL AVERMENTS 9. The parcel on which the Project sits was subdivided from a larger acre lot owned by Temple Beth El and,. on July 10, 2013, pursuant to Ramapo Local Law 3-2013, and was rezoned from an R-25 single? family zone (allowing a density of 1.74 units per acre) to an - multi?family zone (allowing a density of 8 units per acre). 10. The Site Plan presented to the Town by the developer for this 5.5 acre parcel provided for the construction of a 44-unit, multi-family housing development and was approved on or about February 11, 2013, and revised by submissions on October 17, 2013 and March 5, 2014 ("Site Plan"). 11. The Site Plan, as well as an "as-built" drawing of Building 13, dated March 3, 2016 and submitted to the Building Department on or about March 10, 2016 (the 16 as- built"), contain multiple false statements or misrepresentations as to material facts? regarding the Project. Specifically, the Project greatly exceeds the legally allowable FAR, and the Developer has knowingly and materially deviated from the approved Site Plan by constructing additional apartments in an effort to create a project several times larger than that approved by the Town. 6 . The Site Plan and the 3/3/16 As?Built Drawing Materially Misstate the Project's Actual Floor Area Ratio, Which Far Exceeds the Maximum Allowed by Law, 12. The maximum permitted ?oor area ratio in the MR-8 district is 0.75. Code at ?376~41~Table of Bulk Requirements, Part Attachment 5:2. While the Site Plan purports to show a proposed FAR of 0.75, the actual FAR of the Project goes well beyond that. FAR is de?ned in the Code as "the gross floor area of all buildings on a lot divided by the area of the lot". Code at ?3 76-5. ?3 76?5 of the Code, in relevant part, de?nes gross ?oor area as: ?[t]he sum of the gross horizontal area of every ?oor of a building measured from the inside perimeter of the exterior walls of the building or from the inside perimeter of the exterior walls to the interior of the party walls separating the two buildings, including . . . Basement space, but excluding non-habitable space below grade (subbasement) devoted to mechanical equipment, or accessory storage.? 13. The Code de?nes a basement (by reference to the 2010 Residential Code of New York State, as ?[t]hatportion of a building that is partly or completely below grade." '14. The Project is comprised of approximately 20 buildings, with each building containing 3 ?oors and what the Developer, in its submissions to the Town, calls a "sub? basement." The Developer did not include the area of these "sub-basements" in its calculation of the Project's FAR. However, a review of the Project's ?oor plans, site photos of the buildings (copies of said photos are annexed hereto as Exhibit the Developer's submissions to the New York State Attorney General, the builder's comments to Mr. Mallia and common sense all demonstrate that these "sub-basements" are in fact basements within the meaning of the Code and were improperly excluded as part of the Project's FAR calculation. 15. It should be self?evident that a sub-basement must be below a basement. Indeed, although "sub?baSement" is not de?ned within the Code (or anywhere in the NYS Uniform Fire Prevention and Building Code), a sub?basement is ordinarily de?ned as "a basement or one of a 7 .w .. series of basements below the main basement of a building.Ill Since the 3/3/16 as?built of Building 13 clearly shows that no portion of the building's designated ?rst floor is partly or completely below grade - and thus not a basement according to the Code; indeed, the Developer himself calls it the "?rst ?oor" - then the designated bottom ?oor cannot be considered a "sub? basement? below a basement). 16. Further, the Developer admits in his own Condominium Offering Plan for the Project submitted to the Attorney General's Of?ce on February 24, 2015 (the "Offering Plan") that the purported "sub-basements" in the Project are in fact basements. In the Description of PrOperty Report, it states that there '"is an un?nished basement under the entire ?rst ?oor. . . . Un?nished basement floor to ceiling height is (Offering Plan Part II, Document 1, section emphasis added.) Indeed, the ?oor plans attached to this Property Report clearly label the bottom floor of each of several as "un?nished basement." Copies of these pages of the Offering Plan are annexed hereto as (Exhibit Although the Developer himself calls these bottom ?oors basements, he wrongfully excluded them from the Project's FAR calculations. 17. Even if the foregoing were ignored, these ?oors are certainly not "non-habitable," as sub-basements must be to be excluded from FAR. The Site Plan, the 3/3/16 as-built, and observation of the units reveal that all of the so?called "sub?basements" have windows, private exterior entrances (many with two), and open living space devoid of lally columns. Upon information and belief, these bottom ?oors have also been fully equipped with utilities. Clearly, then, these characteristics render the bottom ?oors habitable within the meaning of the Code and 1 1 Though not defined in the Code, habitable is ordinarily defined as "suitable or fit to live in." Black's Law Dictionary, 639, 1979, further defines "habitability" as a "[clondition of premises which permits inhabitant[s] to live free of serious defects to health and safety." 8 . 0 must be included in the FAR calculation. 18. The DeveIOper's description of habitable ?basements? as "sub-basements" in its submissions to the Town is a ?agrant deception to cover up how signi?cantly the Project is in non?compliance with local law. 19. Petitioner Plaintiffs have engaged the professional services of Andrew Willingham, PE, of Willingham Engineering, and Alan Sorensen, a certi?ed planner, of Planit Main Street. They have cross?checked the square footage reported for Building No. 13 in the 3/3/16 as-built through CAD and have determined that the reported square footage substantially and materially deviates from the actual square footage as follows: Square Footage set forth in 3/3/16 as-built Basement -no square footage provided Floor - 1,187 sf 2nd Floor 1,225 sf 3rd Floor 1,226 sf Total 3,638 sf CAD-calculated square footage Basement - 1,365 Sf 15! Floor - 1,388 sf 2nd Floor - 1,436 sf 3rd Floor - 1,297 sf Total sf 4,121 sf not including basement including basement 20. It is noteworthy that even excluding the basement, the 3/3/ 16 as?built materially misstates the square fOOtage by over 13% when compared with the CAD review. Most importantly, however, by including the square footage of the basement (as required by law), the total square footage increases by over 50%. As Building No. 13 is more or less representative of all the buildings in the Project, the actual FAR greatly exceeds 0.75, the amount permitted by law. This excessive FAR is consistent with the Developer?s calculations in Schedule of the Offering Plan, which indicates the gross floor area (including the basements) of the Project as 9 ,w . 3 0 216,116 square feet. A gross ?oor area 0f216,116 square feet results in an FAR of 0.90, well above the FAR permitted in an zone by law. A copy of Schedule of the Offering Plan is annexed hereto as (Exhibit The Site. Plan and the 3/3/16 As-Built Materially Omit the Inclusion of Additional Apartments, Which Are Not Permitted in the Zoning District. 21. The Developer obtained approval to build one apartment per unit. The 3/3/16 as- built purports to show a ?nished ?rst ?oor which is part and parcel of that unit. However, the Offering Plan submitted to the AG, plans distributed to unit purchasers and statements by the Developer and his builder all indicate that at least one, and possibly two illegal additional apartments are being constructed in each unit. Moreover, the Offering Plan and the Developer's own statements indicate that this was the Developer?s intention from the Project is inception. 22. That each unit contains at least one additional unlawful unit-is spelled out clearly in the Offering Plan's very de?nition of "Unit". "Each Unit shall also contain?an Accessory Apartment." Offering Plan at p. 16. (Exhibit Accessory apartments aref'not allowed or permitted in the zoning district. 23. The Developer tries to hide the fact on the 3/3/ 16 as-built that he is building unlawful accessory apartments by describing the rooms on the ?nished ?rst ?oor as "Guest Bedrooms", "Exercise Room," and Kitchen" (which presumably means Passover kitchen, an additional kitchen for the Passover holiday) to create the impression that this ?nished ?oor is an integrated part of the 2??oor apartment above. 24. However, the Developer presents a very different picture, a picture clearly showing the separate nature of this accessory apartment, in plans shown to unit purchasers (the ?Purchaser Plans?; Exhibit The "Guest Bedrooms" on the 3/3/16 as?built are really I0 0 primary "Bedrooms" on the Purchaser Plans; the "Exercise Room" on the 3/3/16 as-built becomes the "Dining Room" on the Purchaser Plans; and the Kitchen" is actually just the "Kitchen." Do purchasers lose the Passover kitchen from the 3/3/ 16 as-built? Not at all: the on the second ?oor of the 3/3/ 16 as-built is shown as an auxiliary (Passover) kitchen on the Purchaser Plans. And the Purchaser Plans show that this Accessory Apartment has not one, but two separate exterior entrances. 25. All in, the Purchaser Plans show the ?rst ?oor of the unit as a separate two- bedroom apartment with kitchen, dining room and two exterior entrances, the type of "Accessory Apartment" envisioned by the Offering Plan. 26. In meetings with certain neighbors (including one of the Petitioner Plaintiffs), the Deve10per admitted as much. When confronted with the fact that each unit has boxes for two meters instead of one, and that there are twice as many parking spaces as needed for single- family units, he said plainly that he was building fori?proper" additional apartments and that this was his intention all along. 27. This admission by the Developer apparently was also made directly to Chief Building Inspector Mallia in a February 23, 2016 email to Mr. Mallia from Zalman Goldstein, a neighboring property owner (Exhibit Mr. Goldstein called into question the Developer's intention to increase density and/or units at the project Goldstein speci?cally pointed out that Mallia had told Goldstein in a previous meeting that the Deve10per admitted to Mallia "that the plan is to leave the buildings in a condition that a change to zoning could be pursued to allow a doubling of the present permitted apartments." 28. The Developer?s builder said as much to Mr. Mallia, as demonstrated in the response email to Goldstein from Mallia. By email dated Mar. 4, 2016 (annexed hereto as 11 I I) -. 1 Exhibit Mallia told Goldstein that he ?sent [code enforcement of?cer] Peter Muzzi to investigate [the Project] and he found that work was being done not according to plan. We contacted the builder, Shimmy Galandauer and asked what his intentions were at the site. His response was that he planned on returning to the Town Board and asking for permission to increase the density to allow additional units. We explained that he cannot proceed without proper plans or permission. Subsequently, revised building plans were submitted portraying the actual construction occurring on site. Those plans were reviewed and approved as ?nished lower levels of the two family dwelling units above, not additional units.? (Notwithstanding Mr. Mallia?s unilateral approval, the Developer was required to return to the Flaming Board to seek approval for the aforementioned material changes.) 29. Even assuming arguendo that such signi?cant deviations from the Site Plan did not require Flaming Board approval (a point which we will return to below), certainly the 3/3/16 as?built hid the true intention of the ?nished lower levels, which intention is spelled out in the Offering Plan and the Purchaser Plans. 30. Even more egregiously, the intention to unlawfully exceed the maximum allowable FAR and build unlawful additional apartments existed-early on. The Offering Plan showing both of these facts was submitted over a year ago, and the Developer admitted to neighbors, including one of the Petitioner Plaintiffs, that building additional apartments "was his intention all along." 31. Finally, the un?nished "sub?basements" (which were shown above to be basements) themselves are being prepared for yet more apartments. As stated above, all of the so-called "sub?basements" haVe windows, multiple private exterior entrances, open living Space devoid of lally columns and may also be equipped with utilities. In this instance, with regard to the numerous above listed violations, the Building Inspector was required to take action pursuant 12 to The Ramapo Zoning Ordinance, at ?376- 148 requires, in relevant part, that: "Whenever the Building Inspector shall determine that work on any building or structure is being or has been conducted in violation of any of the provisions of the Uniform Fire Prevention and Building Code, state, federal, county or town laws, rules or regulations or has failed to meet or violates any requirement of an approved site plan or subdivision plan, including but not limited to . . . such other plans or upon which a building permit was issued . . . then the Building Inspector shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend and halt work. Such direction by the Building Inspector (a stop?work order) shall be in writing and delivered to the owner, or the owner's agent, or the person performing the work or af?xed to any part of said structure." 32. Given the above and including, without limitation, the Developer's own representation to the Attorney General that the "sub?basements" are in fact basements, and that units would include accessory apartments, it is without doubt that the work currently being done on the Project deviates materially from the Site Plan and the 3/3/ 16 as-built. Concomitantly, the actual construction is in violation of "town laws" with regard to the maximum allowable FAR and the inclusion of impermissible accessory apartments, thereby requiring the Department of Building, Planning and Zoning, pursuant to ?376~ 148 of the Code, to issue an immediatestop? work order. 33. Upon information and belief, the professionals who prepared the Site Plan and the 3/3/ 16 as-built intentionally miscalculated the FAR, particularly in light of the additional facts, circumstances, and disclosures set forth above. The omission of accessory apartments from the Site Plan, which are clearly being constructed by the Developer's own admission to the Attorney General, neighbors and the Town's Chief Building Inspector, was intentional. Indeed, even if the Developer's material deviation from the permissible FAR and the inclusion of impermissible accessory apartments are somehow the product of gross negligence rather than nefarious intent, such deviations nevertheless constitute clear violations of the Code, warranting the immediate issuance of a stop-work order. 13 0 Town Law ?268(2) provides, in relevant part, that: "In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks, or sites in violation of this article or of any local law, ordinance or other regulation made under authority conferred thereby, the proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, or land or to prevent any illegal act, conduct, business or use in or about such premises . . 34. The Developer of the Project requested and obtained an over 450% increase in density from the Town, yet assiduously neglected to mention during that process that the DeveIOper's real intention was to intentionally violate the stricture against accessory apartments in the MR-8 zone; to purposefully misstate the actual FAR of the project in order to better effectuate that ultimate intent-ion; to purpose?illy mischaracterize the basement as a "sub-basement" so as to exclude it from inclusion in the and to knowingly and intentionally deviate from the 2/11/13 site plan in an effort to increase the density of the Project. The Building Inspector had been placed on actual notice of the above violation(s), however to date has taken no action accordingly. 35. Given the foregoing, the Court should enjoin further construction by injunction and/or other appropriate remedies forthwith, to prevent, restrain and/or enjoin the repeated, intentional, and knowing violation of local law. 36. Indeed, the Town Respondents have (and where as here they fail to act, the Court has) more than ample grounds to pursue recourse to ?376~l4l3 of the Code, which allows, inter alia, fer the imposition of penalties for such violations and to further and fully investigate all construction at the site to determine whether any other violations exist. 14 ,1 37. As set forth above, the Department of Building, Planning and Zoning has already determined that the actual construction at the Project deviates from the Site Plan, and both the builder and Developer have Openly admitted that such deviations were made knowingly and intentionally out of a desire to increase the density at the Project. Building Inspector Mallia has advised that the 3/3/16 as-built drawings, reflecting some of these deviations, was approved by the department. 38. ?376~90 of the Code states that lot or parcel of land shall be used except in conformity with an approved site deveIOprnent plan." Conformity with said plan shall be "strict" with the exception of approved ?eld changes. See Code at Field changes are de?ned as change or adjustment to an approved site development plan, due to ?eld conditions that will not substantially alter the intent, layout or design of the approved plan." 39. Clearly, engaging in construction with the stated intent to increase density beyond that?conltemplated or approved. by the Site Plan "substantially alter[s] the intent . . . of the approved plan." Therefore, the approval by the department of revised building plans for the Project is not predicated upon any statutory or other authority and must be immediately rescinded. Accordingly, the Developer of the Project must return to the Flaming Board to obtain a modified Site Plan approval pursuant to ?376~96 and, in the interim, a stop-work order must issue pursuant to ?376~148. 40. In sum, as set forth above, both the builder and Developer, by their own admissions and actions, have knowingly and intentionally deviated from the Site Plan in an effort to create conditions that would facilitate an increase in density for the Project far beyond that which was represented to Town and far beyond that permitted in the district. At the same time, they have included accessory apartments in each unit in a zoning district that simply does 15 0 not permit such apartments. The Town Respondents must, therefore, be commanded to take such action and to prevent, restrain, and correct such unlawful construction and violation of Town law. Alternatively, such action must be taken by the Court. As in for a First Cause of Action and Claim for Relief 41. It is the duty and obligation of the Town Respondents to ensure that all building and construction conforms with all applicable zoning building and ?re safety laws and in accordance with the approvals of the Town's various boards and agencies. 42. Administration of the zoning ordinance in and fire safety codes in the construction of buildings according to their approved site plans and the terms and conditions of approved building permits constitutes a non?delegable duty of Town Respondents. 43. Administration of the zoning ordinance and fire safety codes is not a matter of discretion, or interpretation, but a duty that requires strict adherence- and ministration to the approvals and laws 'of the Town of Ramapo and State of New York. . . 44. Petitioner Plaintiffs have presented the Town Respondents with incontrovertible evidence that Viola has illegally increased the size of the units by over 50%, making each unit approximately 5,486 square feet. 45. Petitioner Plaintiffs have also presented the Town Respondents with incontrovertible evidence that Viola has illegally increased the ?oor area ratio to .90, where .75 is the legal maximum. 46. Petitioner Plaintiffs have also. presented the Town Respondents with incontrovertible evidence that by the use of so-called "sub-basements", "Passover kitchens" and sections of units have their own separate entrances. Viola has illegally increased the density of the Project beyond the legally permitted maximum of 8 units per acre to allow innumerable 16 illegal apartments. 47. The Town ReSpondents received an as-built plan from Viola containing knowingly false calculations of area and have failed to stop construction or rescind the permit. 48. Under such circumstances the immediate cessation of work is mandated. As and for a Second Cause of Action and Claim for Relief 49. Petitioner Plaintiffs repeat, reiterate and reallege each and every allegation set forth in the preceding paragraphs numbered 1-48, as if fully set forth herein. 50. The direct evidence of an illegal increase in the size of the units, the FAR and exceeding the maximum permitted density demonstrates that Petitioner Plaintiffs have a substantial likelihood of succeeding on the merits of the case. 5,1. The construction activities of Viola constitute a substantial and imminent threat of . irreparable harm and damage if permitted to continue. - -52. The balance of the equities .clearly'favors enjoining Viola's construction activity until the project is either reduced in size and scale'so as to conform to legal requirements or until the Town Respondents approve what is actually being constructed. 53. The Town Respondents have failed to act. Without the Court's intervention, Petitioner Plaintiffs have no other available remedy. 54. Enjoining the construction activities to conform to zoning, building and ?re safety laws clearly serves the public interest. As and for a Third Cause of Action and Claim for Relief 55. Petitioner Plaintiffs repeat, reiterate and reallege each and every allegation set forth in the preceding paragraphs 1-54 as if fully set forth herein. 56. The unlawful conduct of Viola constitutes an unreasonable interference with 17 (3 Petitioner Plaintiffs use and enjoyment of their property. 57. If Viola's construction activities are permitted to continue, Petitioner Plaintiffs will continue to suffer signi?cant damages both personally and with respect to their properties. WHEREF ORE, the Petitioner Plaintiffs demand judgment against the Respondent Defendants as follows: a) 13) Commanding the Town Respondents to issue stop work orders prohibiting the continued construction on the site unless and until the property conforms to permissible zoning; and Enjoining continued construction by Respondent Viola Gardens, LLC pursuant to Town Law ?268(2) and under the common law; and Enjoining continued construction by-Respondent Viola Gardens, LLC to prevent irreparable harm to the public pursuant to and Enjoining continued censtruction by Viola Gardens, LLC- as a- public nuisance and - awarding Petitioner Plaintiffs damages, attorneys fees costs and disbursements; 7 Declaration of violation of town zoning code and ordinances requiring Respondent to resubmit revised site plans to Town of Ramapo Flaming Board accordingly. Granting such other, further and different relief as to this Court may seem just proper and equitable. Dated: June 3, 2016 Chestnut Ridge, New York . nway 664 Chestnut Ridge Road Chestnut Ridge, New York 10977 (845)352-0206 18 SUPREME COURT OF THE STATE NEW YORK COUNTY OF PUTMAN PAULA A. FROM, GERALD FROM, and EUGENE MARKOWITZ, Petitioners- Plaintiffs VERIFICATION INDEX NO. For a Judgment Under Article 78 of the CPLR, ?against- CHRISTOPHER P. ST. LAWRENCE, in his Of?cial capacity as Supervisor of the Town Of Ramapo, New York, ANTHONY MAILLIA In his of?cial capacity as Chief Building Inspector of The Town of Ramapo, New York, and VIOLA GARDENS, LLC, Respondents- Defendants. PAULA A. FROM, being duly sworn, deposes and says that she is the in the above-captioned action and states that she has read the annexed Complaint, knows the contents thereof and the same is true to her knowledge, except those matters therein-which are stated to be alleged on information and belief, and to those matters she believes them to be true. PAULA A. FROM Sworn to before me this 2 mg day ?lme, 2016 s'thary PublicV - some? PUBLIC, State at New York - Fla-2443926606 Qualified in't?in Con Commission mg SUPREWIE COURT OF THE STATE OF NEW YORK COUNTY OF PUTMAN - . . PAULA A. FROM, GERALD FROM, and EUGENE MARKOWITZ, Petitioners- Plaintiffs _For a Judgment Under Article 78 of the CPLR, -against? CHRISTOPHER P. ST. LAWRENCE, in his Of?cial capacity as Supervisor of the Town Of Ramapo, New York, ANTHONY MAJLLIA In his of?cial capacity as Chief Building Inspector of The Town of Ramapo, New York, and VIOLA GARDENS, LLC, Respondents- Defendants. VERIFICATION INDEX NO. GERALD FROM, being duly sworn, deposes and says that he is the Plaintiff in the above-captioned action and states that he has read the annexed Complaint, knows the contents thereof and the same is true to his knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters he believes them to be true. Sworn to before me this nay tine, 2016 l? - a {Notary Public v? -. - isosth A. NOTARY PUBLIC, State of New York No. 2441926606 ualijied in Kings Conny pures March I If Commis?ion EMA. GERALD FROM 0 . 0 SUPREME COURT OF THE STATE OF NEW COUNTY OF PUTMAN PAULA A. FROM, GERALD FROM, and EUGENE MARKOWITZ, Petitioners- Plaintiffs VERIFICATION INDEX NO. For a Judgment Under Article 78 of the CPLR, ~against? CHRISTOPHER F. ST. LAWRENCE, inhis Of?cial capacity as Supervisor of the Town Of Ramapo, New York, ANTHONY MAJLLIA In his of?cial capacity as Chief Building Inspector of The Town of Ramapo, New York, and VIOLA GARDENS, LLC, Respondents- Defendants. EUGENE MARKOWITZ, being duly sworn, deposes and says that he is the Plaintiff in the above-captioned action and states that he has read the annexed Complaint, knows the contents thereof and the same is true to his knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those .n ers he believes them to be true. i Sworn to before me this tine, 2016 - I. Public f/ Roamrn'..31ams NOTARY State of New York 25506 0. I uali?ed in Kin Co CommissanExpires Marchgiy "if; 0 Exhibit 0 -. - . .- . .v . . I 0 WILLIAM C. BATEMAN II, ARCHITECT 358 Upper Sahler Mill Road, Olivebridge, NY l246l DESCRIPTION OF PROPERTY REPORT "Viola Estates Condominiums" do Viola Gardens, LLC 4i 5 Viola Road, Spring Valley, New York l0977 Project #A09l 3 Location and use of property (I )The subject property is located at Viola Road, Town of Ramapo, State of New York. The mailing address is 4l5 Viola Road, Spring Valley, NY. (2)1'he property is part of Map Section 49.12 block 2 lot 52.l. (3)The zoning is 21.4 (Multi-Family Residences) this zoning allows for multi-family dwellings including garden apartments and-townhouses. This is evidenced by the Town of Ramapo issuing a building permit for (20) buildings, each building to is to have (2) semi attached Townhomes at the address of 4 l5 Viola road, Spring Valley, NY l0977. (4)Permissible use is (40) multifamily units. Status of construction - Construction of units began February 20l 5. (1)Construction is 5% complete at this-tirne and the project will be completed by December 20l5. (2)Class of construction is Type SB. This is per the Residential Code of New York State. Type SB construction is that type of construction in which the structural elements, exterior walls and interior walls are of any materials permitted by the Building Code of NYS. There's a two hour fire rated party wall separating each townhome. (3)Certi?cate of Occupancy, type and number: Sponsor is to obtain the C. oft). prior to closing each sale of units. . (4) Permits Were issued in April of 2015 by the Town of Ramapo, NY for buildings- #5 permit no. l5~Ol44. #7 permit no. 15-0145, #9 permit no. 15-0147, and #l permit no. 15-0l48. Site l) Lot size is 293,436.49 square feet or 5.5 acres. (2) There are 20 buildings with a total of 40 units. i/l'OiCt; ?5+m+b5 OZ (7) Retaining walls There are no retaining walls for Viola Estates Condominiums. (8) DisPIay pools and fountains - There are no display pools or fountains for Viola Estates Condominiums. Building size (1) Townhome style units. The building dimensions range from wide to 59?-0" and to 65?-0" deep. (2) There are no crawl Spaces (3) Certain units based on the topography will have un?nished basements. (4) There is an un?nished basement under the entire first floor as indicated on the architectural plans for those units based on the topography. Un?nished basement floor to ceiling height is Finished main ?oor to ceiling height is 9 feet. Finished second ?oor to ceiling height is 9 feet. Finished third floor to ceiling height is 8 feet. (5) Utility rooms are located in the un?nished basements for those units based on the topography. For units without unfinished basements it will be located at the rear of the ?rst floor units. (see plans) (6) There are no parapet Walls Structural Systems 1) Exterior of buildings Walls - The structural system is conventional wood frame construction on poured concrete foundations. The exterior foundation is a l0" thick poured concrete wall on 24"xl2" poured concrete footings at various heights below ?oor slab. Directly above this is (2) 2"x6? pressure treated sole plates on sill sealer with aluminum termite shield and above this is standard 2"x6" stud walls up to the ceiling height. First. Second. and third floor walls are 2"x6? standard wall construction. Said exterior walls are to have Certainteed cedar board panel siding or equal. color to be light maple or eq. and Certainteed cedar boards are backed by a lifetime limited warranty. The said siding shall be over Va" 083 or equal sheathing with IS lbs-felt paper. Walls are-insulated with 6" R-2l insulation and interiors are covared with appropriate l/Z" or 5/8" gypsum wall board over an approved vapor barrier as indicated on plans. The 2"x6" stud wall construction is as follows: 2"x6? sole plate at ?oor and (2) 2"x6" top plates along the t0p of the wall. Comers to receive 3 studs and wall openings to receive headers as indicated on plans. Headers to be supported with one jack and one king stud on both sides for Openings up to four feet width, openings over four feet and width to receive 2 king studs on both sides. Local law It) does not apply. (ii) Windows - All windows are ?Pella Proline High Perfomance" or equal. insulated glazing. vinyl clad. single-hung and sliding glass door types. Window headers are wood construction. Window sills are wood. Sliding door sills are aluminum with wood trim around. All windows are sealed to the exterior wall with their nailing ?ange over building felt. Operable windows and sliding doors will be provided with ?berglass O. ?A.Egu?u?uo? 5.3.5358 52>? 334g . ??out?5% ?323% m?h?rmm b.6339 .n.bnx.a..m_ .. Mama 3 ??gmm? _7 .9933: .Thmab?Jmn .Ou.mna-0..Q_ .Onbx.0..mn gamma? . .H . r?i& i? F. SCHEDULE A .. OFFERING PRICES AND RELATED INFORMATION Viola Estates Condominium 415 Viola Road Monsey. New York 10952 Year Projected to Begin: December 1. 2015 PIG-OF . P21208917 OP PROJECTED PROJECTED am mm. Lennon EEDR In, TYPE APPROX. 01101144311110 OFFWG PRICE can Go PROJECTED PROJECTED almanac a a AREA LE SPACE ?0 ?no? TAKES TAXES 80mm! cuch? Hume mu one: 1m nut-1 J1) (41 (5) (51 131 6,380.20 808.38 5,380.20 824.53 8,380.20 850.80 8,3 80.20 880.80 8,380.20 850.80 6,360.20 550.30 8,350.20 850.90 8,380.20 550.80 5.3 00.20 843.1 5 8,3 80.20 843.1 5 8,350.20 843.1 5 8,3 80.20 843.15 8,300.20 843.1 5 8,380.20 843.1 5 6,350.20 843.1 5 8,380.20 843.15 8,350.20 843.15 5,3 50.20 843.1 5 8,380.20 843.15 5,380.20 843.1 5 8,350.20 843.1 5 8,380.20 843.1 5 8,38 0.20 843.1 5 5,38 0.20 843.15 8,380.20 843.15 8,380.20 843.1 5 8,350.20 843.1 5 5,350.20 843.15 6360.20 824.53 278.34 254.51 120.80 120.88 1 20.88 1 20.88 1 20.88 1 20.80 313.1 3 31 3.1 3 313.1 3 313.1 3 313.13 31 3.1 3 313.1 3 313.13 313.1 3 313.1 3 31 3.1 3 313.13 313.13 313.1 3 313.1 3 31 3.1 3 313.1 3 31 3.1 3 31 3.13 313.13 284.51 530.02 530.02 530.02 530.02 530 .02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 530.02 (Len-m1 714 A 4,144 1,371 (1091113210) 714 NF) 4,144 1,371 M. 1-: 412 0 1,701 - (10913814013111! 412 0 1,701 stag-men} 412 0 1,701 (High: 5m and n) 412 1,701 (Len [Ida am In 412 DIF) 1,701 (sum am 310 a) 412 01F) 1.701 {Left side} 7? 3 4,408 (mm am) 714 31F) 4,406 (Len am: 714 8 4,408 (mm 3140) TM BIF) 4,408 (um .24.) 714 8 4,408 (mm em: 714 BIF) 4,408 (1.6113140) 714 4,405 (mm am) 714 BIF) 4,408 (an mg} 714 8 4,408 [mm sun: 714 BIF) 4,408 (Len sun) 714 8 4,408 [mam ewe) 714 4,408 (Lon an: 714 4,408 1109111814131?) 714 am 4.416 (1.31141ch 714 0 4.400 (1091118144) 714 am 4.40 11 - A (1.411 side) 714 8 4,40 11 - (mam 814a) 714 4,406 12 - A (Lot: dds] 714 0 4,408 12 - (8131118140) 714 81F) 4,403 13 A (m we} 714 A 4,144 850,000.00 2.273% 850,000.00 2.405% 428,000.00 0.887% 425,000.00 0.987% 425,000.00 0.08711 425,000.00 0.937% 425,000.00 0.987% 425,000.00 0.887% 850,000.00 2.557% 850,000.00 2.557% 350,000.00 2.587% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.887% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850,000.00 2.557% 850.000.00 2.857% 850,000.00 2.405% I I I . 1455.1. I nrs-v-s-rrv-u-v?q- I v- 58852 - 33313033313333 3 ?2 Male ?510.12; 3 $00 BLDG UNIT Local-an 13-8 14-11 14-3 15-A 15-8 16-A 16-8 17-A 17-3 18-h 15-3 19-A 15-8 20.10 20-8 (RI-uh! Side) 0100} (01081 Side) 0100) Imam 8m! 0100) (Rich: 5100! [Left 0100) (Rich: 8100} {Lou (0.1m 5on 0100) 1310?? 8100! (L811 0100] (Rich! 0000 NO. OF BEDROOMS: namm 714 714 714 714 714 7M 7M 714 714 714 714 714 714 714 714 TYPE NF0(0) 0(0) 0 cm 0 cm APPROX. UMHHABWAE AREA 4.144 4,144 4,144 4,144 4.144 4,1 4,070 4.070 4,070 4.070 4,070 4,070 4,070 4.070 LE 89.0135 (m 0010! 1 .371 1 .371 1 .371 1.371 1 .371 1 .371 1 .371 OFFERING m5 (3) 050,000.00 000,000.00 000,000.00 850,000.00 000,000.00 850,000.00 800,000.00 000,000.00 850,000.00 050,000.00 000,000.00 050,000.00 000,000.00 050,000.00 000,000.00 PERCENT 05 common monu- 2.405% 2.405% 2.405% 2.405% 2.405% 2.405% 2.405% 2.002% 2.302% 2.352% 2.362% 2.002% 2.002% 2.302% 2.352% pnmacreo comm mucous: (4) 204.51 204.51 204.51 294.51 294.51 254.51 254.51 289.25 250.25 259.25 280.25 285.25 280.25 280.25 209.25 PROJECTED TAXES 530.02 530.02 530.02 530.02 530.02 530.02 530.02 . 530.02 530.02 530.02 530.02 50 0.02 530.02 530.02 530.02 PROJECTED TAXES IAHNUALI 15) 6,360.20 5,300.20 8,330.20 5,350.20 0,380.20 6,360.20 5,380.20 6,360.20 8,300.20 8.380.20 5,360.20 5,350.20 8,300.20 6,300.20 6,380.20 PROJECYED Human 824.53 824.53 824.53 824.53 0 824.53 824.53 024.53 319.27 819.27 81 9. 27 81 9.27 810.27 81 9.27 81 9.27 019.27 172.325 N000: (F) 0001008000 In 001! Type 0011.000 0000100 I mm: mm nowplm 0! IM 0031 ty'pa N010: ltd-000008050 3000010 loaded In nab-0880:0010 0100100100 un?t. 510:0 space mam be legally and 0 00010001 wangroom mm do so nigh! malt In 0 001m: coda ?3010001: forth: 00001119 40,700 1000T 12,531.00 0 0 3 0 5 1,050.12,720.40 ID 1,052.00 (7 .. . . Si. ?g EE BEE 6 :wg-as-4r-. s. . .r II. .II null?l:11: 1 . 2.3.1.?Ill Ivl: . .II oil-lilo 2..- l. rt .v i i 1 . .nvn?; 3 . I urn-.a-ll 1- .2: 21.?Jk?lml?? VIOIA 1110;! SSIQOHNMOI 3?19le 1' GHSUJOW AN US 13.30? ?0 NMOJ. UZHQASM mmw?wmm ?do; $202239. ?502% 5 o) . 1.- ..: 1.3.331" nix?5:2: . . .: 6- flu3.. 37: au-u-r-uuy;a av- ?5?th mz<2u+ Hard?aw. .. . . .13, n?aqv . . . .. .. .. . . .. .. . 546? .. . .11! .h .. acw??qJ 3w??r?lit . . nag" . My 1' 7 i {Fia..qu 1. 1:43.; ?1 1 ?5 34 ., Hz.? . . arm?HzHtx?i.Kaa?rnau?5x23c 11{barffP?VI?IJRrunuwW-BHF .r . {Art .. . . 1.3.11.1?! .- null-of a .mm 1 . stung: .ngw??riry .. . I. 1.1.1. . .111. 1 LN . Inn-Z 1 I .. .12: . . -- ..1 ?ax?n . . . . 5.1.4.1.113 vir. Jammy..st 9.. ?Kai-Ewan I .rwunt 1.. . . .qavmf? Lv?s?l?b?u .1, Ir . . an,? . . 1.1" :5 . . 3.4.8..- i: a. - . . .3-.. ma?a . .IlIau igg. . Wiri? mxiawb - Exhibit <73 Condominium Offering Plan Viola Estates Condominium A Plan for Condominium Ownership of Premises Known As 415 Viola Road. Spring Valley. New York 10977 Town of Ramapo Rockland Coun New York Forty-four Condominium Units for Sale Total Offering Price of forly~four (44) Condominium Units For Sale .. $34.850,000.00 Sponsor and Sellina Aaent Name and Address of Sponsors Attorney Viola Gardens LLC Joseph S. Scannato. PLLC 27 Robert Pitt Drive 105 Lewis Drive Monsey, New York 10952 Upper Nyack. New York 10960 845-548?1880 0 THE DATE OF ACCEPTANCE FOR FILING THIS OFFERING PLAN IS I . THIS PLAN MAY NOT BE USED AFTER . UNLESS EXTENDED BY AMENDMENT. BECAUSE SPONSOR IS RETAINING THE UNCONDITIONAL RIGHT TO RENT RATHER THAN SELL UNITS AFTER PLAN THIS PLAN MAY NOT RESULT IN THE CREATION OF A CONDOMINIUMIN WHICH A MAJORITY OF THE UNITS ARE OWNED BY OWNER-OCCUPANTS OR INVESTORS UNRELATED TO THE SPONSOR. (SEE SPECIAL RISKS SECTION OF THE PLAN.) PURCHASERS FOR THEIR OWN OCCUPANCY MAY NEVER GAIN CONTROL OF THE BOARD OF MANAGERS UNDER THE TERMS OF THIS PLAN. SEE PAGE (ii) FOR SPECIAL RISKS TO PURCHASERS. THIS OFFERING PLAN. IS THE ENTIRE OFFER TO SELL THESE CONDOMINIUM UNITS. NEW YORK LAW REQUIRES THE SPONSOR TO DISCLOSE ALL MATERIAL INFORMATION IN THIS PLAN AND TO FILE THIS PLAN WITH THE NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL PRIOR TO SELLING OR OFFERING TO SELL ANY CONDOMINIUM UNIT. FILING WITH THE OFFICE OF THE ATTORNEY GENERAL DOES NOT MEAN THAT THE DEPARTMENT OR ANY OTHER GOVERNMENTAL AGENCY HAS APPROVED THIS OFFERING. I .- I ll.- .tl.l-I ll\- A I I DOCUMENT NUMBER 1 DESCRIPTION OF PROPERTY 0 WILLIAM C. BATEMAN II, ARCHITECT 358 Upper Sahler Mill Road, Olivebridge, NY l246l DESCRIPTION OF PROPERTY REPORT "Viola Estates Condominiums" do Viola Gardens, LLC 415 Viola Road, Spring Valley, New York 10977 Project 3 Location and use of property (1)The subject property is located at Viola Road, Town of Ramapo, State of New York. The mailing address is 4 5 Viola Road, Spring Valley, NY. (2)The property is part of Map Section 49.l2 block 2 lot 52.1. (3)The zoning is MR-8 x.4 (Multi-Family Residences) this zoning allows for multi-family dwellings including garden apartments and townhouses. This is evidenced by the Town of Ramapo issuing a building permit for (20) buildings, each building to is to have (2) semi attached Townhomes at the address 5 Viola road, Spring Valley, NY 10977. (4)Permissible use is (40) multifamily units. Status of construction - Construction of units began February 2015. (])Construction is 5% complete at this time and the project will be completed by December 2015. (2)Class of construction is Type SB. This is per the Residential Code of New York State. Type SB construction is that type of construction in which the structural elements, exterior walls and interior walls are of any materials permitted by the Building Code of NYS. There's a two hour ?re rated party Wall U-336 separating each townhorne. (3)Certi?cate of Occupancy, type and number: Sponsor is to obtain the C. of 0. prior to closing each sale of units. (4) Permits were issued in April of 2015 by the Town of Ramapo, NY for buildings #5 permit no. 15-0144. #7 permit no. 15-0145, #9 permit no. 15-0147, and #li permit no. 15-0148. Site (1) Lot size is 293,436.49 square feet or 5.5 acres. (2) There are 20 buildings with a total of 40 units. (3) Streets owned and maintained by The Town of Ramapo. Paving it is paved with asphalt and the generally condition is fair. (ii) Curbing? Belgian block. Catch basins There are thirty-nine new precast concrete drywells with cast iron covers. (iv) Site Lighting Site Luminar Public Area Lighting: High pressure sodium lighting. as manufactured by Monument or equal per expected performance standard. shall be located in the yards and parking area. Lighting shall be in accordance with the requirements of the Authority Having Jurisdiction (AHJ). All items are in conformance with municipal codes and regulations. (4) Drives, sidewalks and ramps Paving - Driveways will be new macadam. sidewalks and ramps to be concrete. All sidewalks providing access to the building shall be new. free of tripping hazard and ponding; Sidewalks, curb cuts, ramps/aprons shall be ADA compliant. The condominium will be responsible for maintaining the sidewalk in accordance with the state requirements of DOT or AHJ. There will be a minimum of 2 parking spaces per unit. for a total of 40 units, provided in the front yard as indicated on the site plan. (ii) Curbing Belgian block curbing. Catch Basins and Drainage - two precast concrete curb inlets with cast iron cover in each driveway. (iv) Street Lighting - no street lighting along driveways. All items in conformance with municipal codes and regulations Utilities (1) Gas - New underground natural gas from existing main to each building (Orange and Rockland Utility Co). Individual meters. (2) Electric - New underground service to each building (Orange and Rockland Utility Co). Individual meters. (3) Sanitary Sewer - New underground sanitary line connections to new Sewer lines in streets and easements Town of Ramapo. All house services will be 4" These services will connect to a 8" PVC-SDR35 privately owned manifold. The manifold will discharge to 8" diameter PVC. The main line sewers, 8" in diameter, will be owned and maintained by Town of Ramapo Sewer DistrictNo l. (4) Water - New underground municipal water service connections to each unit. Individual meters. (5) Telephone - The sponsor will be providing a conduit to the utility poles. Phone lines in the street are owned by ?Verizon?. It will be the responsibility of the unit owners to choose their choice of telephone and cable providers. Individual accounts. (6) All utilities will be metered individually Sub?Soil Conditions (I) Foundations are new construction on firm and unyielding ground. F.- . . . - (7 Based upon laboratory test the soil classi?ed as silty sand with gravel, SM, according to the Uni?ed Soil Classi?cation System. Presumptive surface bearing capacity is 2.0 tons per square foot, which is structurally adequate. (2) Existing ground conditions do not indicate potential moisture, seepage or ground water infiltration. (3) There is no apparent danger from ?ooding. mudslides and/or erosion upon completion of construction. Erosion controls to be provided during construction as per approved site plan. This property is not located in a FEMA ?ood zone. Footing drains are installed at the perimeter of the buildings and pumped to daylight with a battery backup pump. The footings are located approximately ten feet below ground level and are approximately seven feet below the frost level. Therefore. there are no ad-freezing stresses at the foundation wall. All exterior ?nished grades are slaped from to drain water away from the foundation walls of the building. (0 $349999!" 9. l0. Landscaping and Enclosures 1) Grass cover disturbed areas to receive a mixture of Kentucky bluegrass, fescue and perennial ryegrass (2) Plantings The following shall be installed: Tree/Sh rub . (4) Acer saccharum Green Mountain. Green Mountain Sugar Maple, cal. (5) Acer rubrum, Red maple cal. (lO) Liquidambar styraci?ua. Sweet Gum. cal. 8628. (21) Picea abies, Norway Spruce. ht. I (6) Carpinus betula fastigiata, Pyramidal EurOpean Hornbeam. cal. (l9) Acer campestre. Hedge Maple, cal. 8&8. (l 7) Cersis cancdensis. Eastern Redbud. cal. (58) Chamaecyparis pisifera threadleaf gold. Gold Thread Cypress #2 cont. (52) intennedia spectabilis. Showy Border ht. 8628. (36) Juniper ch. p?tzeriana compacta. Compact Pfitzers Juniper, 2 1/2? ht. l. (l l) Viburnum carlesi. Fragnant Viburnum ht. l2. (33) Weigela Vaniceki. Vanicek Red Weigela. ht. l3. (6) Quercus rubra, Red oak. 2"-2 cal. 14. (35) Preserved Existing Trees 1 5. (33) Thuja plicata ?Green Giant" Green Giant Arborvitae. 2?-2 cal. l6. (l5) Betula Nigra. River Birch. 2"-2 cal. (3) Trees see (2) above. (4) Fencing There is no fencing for Viola Estates Condominiums. (5) Gates There are no gates for Viola Estates Condominiums. (6) Garden walls - There are no garden walls for Viola Estates Condominiums. 0 . (7) Retaining walls There are no retaining walls for Viola Estates Condominiums. (8) Display pools and fountains - There are no display pools or fountains for Viola Estates Condominiums. Building size (1) Townhome style units. The building dimensions range from wide to 59?~0? and to 65?-0" deep. (2) There are no crawl spaces - (3) Certain units based on the t0pography will have unfinished basements. (4) There is an unfinished basement under the entire first floor as indicated on the architectural plans for those units based on the topography. Un?nished basement ?oor to ceiling height is Finished main ?oor to ceiling height is 9 feet. Finished second floor to ceiling height is 9 feet. Finished third floor to ceiling height is 8 feet. (5) Utility rooms are located in the unfinished basements for those units based on the topography. For units without unfinished basements it will be located at the rear of the ?rst floor units. (see plans) (6) There are no parapet walls Structural Systems Exterior of buildings Walls - The structural system is conventional wood frame construction on poured concrete foundations. The exterior foundation is a 10" thick poured concrete wall on 24"x12" poured concrete footings at various heights below ?oor slab. Directly above this is (2) 2"?x6?j? pressure treated sole plates on sill sealer with aluminum termite shield and above this is standard 2"x6" stud walls up to the ceiling height. First. Second, and third ?oor walls are 2"x6" standard wall construction. Said exterior walls are to have Certainteed cedar board panel siding or equal. color to be light maple or eq. and Certainteed cedar boards are backed by a lifetime limited warranty. The said siding shall be over 033 or equal sheathing with 15 lb. felt paper. Walls are insulated with 6" insulation and interiors are covered with appropriate or 5/8" gypsum wall board over an approved vapor barrier as indicated on plans. The 2"x6" stud wall construction is as follows: 2"x6" sole plate at floor and (2) 2"x6" top plates along the top of the wall. Corners to receive 3 studs and wall openings to receive headers as indicated on plans. Headers to be supported with onejack and one king stud on both sides for openings up to four feet width, Openings over four feet and width to receive 2 king studs on both sides. Local law l0 does not apply. (ii) Windows All windows are "Pella Proline High Perfomance? or equal. insulated glazing. vinyl clad. single-hung and sliding glass door types. Window headers are wood construction. Window sills are wood. Sliding door sills are aluminum with wood trim around. All windows are sealed to the exterior wall with their nailing ?ange over building felt. Operable windows and sliding doors will be provided with fiberglass - ?II-luv (2) (3) (4) 0 screens. There are no window guards provided. Windows are pre-glazed and sealed with silicone caulking between glazing and sash by manufacturer. There are no lot line window issues for this project. There is no landmark status with regard to this project Parapets and Copings - There are no Parapets of Copings Chimneys and Caps - There will be one chimney per unit as indicated in the architectural plans. The chimney will be used to ventilate the furnaces. Cleanout is located at the boiler and there?s a double wall exhaust that terminates a minimum of 12? above the roof line. The chimney enclosed in a one hour rated wood frame enclosure: with a galvanized metal cap backdraft protection and bird grill. Or furnaces will have direct vent PVC flues through exterior wall of each nit with aluminum birdmet at outlet as per codes. There are no incinerators or compactors. There are no fireplaces for Viola Estates-Condominiums. Balconies and Terraces Unit Entries- Not Applicable Decks to be constructed with pressure treated lumber; framing, decking, railings and balustrades. Horizontal railings without protection for ladder effect pose a serious safety risk for children, as applicable. (ii) Balustrade 2?x2? MSHG pressure treated wood material will be used max. 3 7/8" opening in between. Railings - Wrought Iron Metal railings as per plans and ?Residential Code of New York State" requirements anchored to concrete (iv) C0pings - Not applicable Soffits - Not applicable (vi) Doors to balconies and terraces The doors providing access to the rear wood deck are to be ?Anderson? or equal frenchwood gliding patio doors. The exterior patio doors are tempered glass Low-E4 and have a factor of .25. All exterior metals (including fasteners) shall be corrosion resistant. Exterior Entrances Exterior doors are to be ?berglass metal insulated doors with wood frames and aluminum sills with Thermal Break as manufactured by ?Therma Tru" or equal and to be painted with Benjamin Moore rust proof paint with approved colors. Locksets are manufacttired by ?Ultra? or equal. Entrances shall be ADA compliant where required by the local jurisdiction. Adequate lighting is provided as per the NYS Residential Code. There shall be wall mounted weatherproof fixtures. located adjacent to all building's entry doors. One light per entry, operated by that unit. (ii) There are no vestibule doors Exterior stairs and platforms Stairs, platforms and pads will be poured concrete and the ?nish is non? skid concrete and constructed at all entrances. The pad will be sloped away from building to drain water. Exterior entrances shall be (6) (7) (3) (9) constructed free of tripping hazards and ponding. - Poured concrete stairs to un?nished basements. (iv) Railings - Wrought Iron as per section (4) above. Mailboxes to be aluminum type located at every unit. - (vi) The porch area is to be lighted with an exterior lighting ?xture by all doors. Service Entrances Doors and frames - See above. (ii) Gates - Not applicable Exterior stairs - Not applicable (iv) Railings - Not applicable Roof and Roof structure All roofs are frame construction sheathed with ll exterior 088 or equal and covered with 15 lb. roo?ng felt and 30 year asphalt shingle or equal. The roof is to be constructed with standard roof truss rafters 24" on center. Type roofs for all areas: (a)Roof shingles to be 225 lb. Patriot style or equal manufactured by certainteed or equal. ?berglass/asphalt type or equal over 15 lb building felt over 1/ 088 or equal (exterior grade) sheathing Bond or Guarantee: Bond or Guarantee shall be manufacture?s standard guarantee of 30 years as well as, the Sponsor warrants the roof surface for one year with reSpect to defects and failure of the roof surfacing performed in a skillful manner. The warranty period shall begin on the date of conveyance of title to the ?rst unit. The sponsor will not be increasing the warranty period. (b)Roof insulation to be l2" R-38 kraft faced ?berglass insulation (c)Attic surfaces are un?nished. (d)Roof to be provided with a 30 year warranty (e)Flashing to be .020 aluminum type ?ashing (ii) Drains (a)Roof drain leaders to be connected to storm drainage system Gutters are to be 4" pre-?nish aluminum.027 gauge and to be located at al roof eaves Leaders are to be 2x4" pre-?nish aluminum.027 gauge and to be located at all building elevations. Skylights are to be ("Velux, model VSE or equal. This skylight is located in all units above the staircase leading to the third ?oor to provide light and ventilation. Curbing shall be 8" minimum. All Velux skylights and ?ashing carry a ten year warranty and a twenty year warranty on the glass. (iv) Bulkheads Not applicable Metal Work Flashing to be .020 aluminum type ?ashing (vi) Rooftop facilities - Not applicable Fire Escapes - Not applicable Yards and Courts - There are no yards or courts for individual condominium units. Paving - Not applicable. (ii) Drainage- Not applicable Railings - Not applicable (iv) Stairs - Not applicable Fencing Not applicable (vi) Walls Not applicable (10) Interior Stairs All interior stairs are to be constructed with oak treads and pine risers in all units. l0? deep Oak treads with nosing and risers shall be of 7 asper the NYS Residential code. Oak treads to be polyurethaned and pine risers and stringers to be painted white. Railing as exposed to hallway is a painted wood spindle type with an oak rail. All railings to be as per ?Residential Code of New York State". Each unit has one stair leading from each level to the next level. (ii) Stairs are partially enclosed from the ?rst ?oor to the second floor. This level stairs shall have a one hour ?re rated enclosure, U-305 to be provided as per the NYS Residential Code. Stairs are wood construction as described above (iv) Stringers - see above Treads - see above (vi) Risers - see above (vii) Guard rails - see above Balustrades are pine construction as per codes. (l l) Interior doors and frames: Interior Doors Unit entrance and interior doors and frames: interior Doors are to be hollow core Masonite type 2 panel arch top with wood frames as manufactured by Jeld Wen or equal. All doors and frames to be painted. Entrance doors - See Exterior Entrances. (ii) Corridor doors and frames: There are no public corridors. Stair hall doors and frames: There are no public interior Stairways. (iv) Roof doors. basement doors: See above. (12) Elevators There are no elevators (l3) Elevator Cabs - Not applicable Auxiliary Facilities Laundry rooms All units have an individual laundry room on the third ?oor. (ii) One connection for one washer will be provided. buyer to be responsible for purchase and installation of washer. One connection for one gas dryer will be provided. buyer to be responsible for purchase and installation of dryer (iv) Room ventilation There is no requirement for room ventilation. Dryer ventilation Forced air exhaust by dryer unit through 4" aluminum duct through exterior wall with vinyl ?ap cover. (vi) One heavy duty utility sink shall be provided as manufactured by MSB model or equal. (2) Refuse Disposal Incinerator Not applicable . (ii) Compactor - Not applicable Approvals by authority havingjurisdiction - Not applicable (iv) Initial storage location There is a shared dumpster enclosure, as shown on site plan. Pick?up schedule. as per municipal provider, Town of? Ramapo. . The current Garbage and Trash collection is on Mondays and Thursdays and the recycling collection is on Wednesdays. Plumbing and drainage (1) Water supply - Domestic water provided by United Water Company to individual units. with type copper tubing into mechanical room. There are no pumps; storage, etc. Backflow preventers and the main shut-off valve will be located in the utility room of each unit. (2) Fire protection system A complete NFPA I3R Sprinkler system will be provided in the building as per code. Smoke and carbon monoxide detectors will also be provided in the individual units as per code. (3) Water storage tanks and enclosures A 50 gallon residential energy saver indirect upright hot water storage tank Model to be provided as manufactured by ?Bradford White" which has a Limited lifetime warranty on tank and heat exchanger. Water is heated by furnace. All water supply pipes are PEX or equal. All Hot Cold water piping shall be insulated with 3/8? Armal?lex pipe insulation when through a floorjoist or within of an exterior wall. (ii) Material (interior, exterior and roof of tank) - Not applicable Access to tank vertical gooseneck ladder) Not applicable (iv) Capacity (total gallons) - Not applicable Capacity (?re reserve) - Not applicable (4) Water Pressure Supply is regulated down from street pressure to 60 psi. (5) Sanitary Sewage system - To municipal system Interior piping is PVC Exterior through the foundation wall is 4" SDR or 4" class 52, as per approved site plan (ii) Pumps Not applicable sewage disposal to the Rockland County sewage system (6) Permits - The contractor or his agent will apply for all plumbing permits as Part of the building permit process (Including applications and fees). Permits have been obtained. (7) Storm Drainage System - consists of aluminum gutters and leaders installed on the exterior of the buildings by the contractor. Leaders to run into 4" and 6" PVC pipes to storm drainage system at street. Catch basins As described above in section (C) (3) (ii) Yard and roof drains There are no yard drains. 4" aluminum roof drain leaders. Piping 4" and 6" pipe (iv) Eject or sump pumps There are no ejector or sump pumps E.-- (5) C) Heating 1) Installation of a heating system for each unit will be provided with gas fire boilers as manufactured by Williamson. All units will be provided with model#GWA-105 or eq. These heaters have an rating of .83 and have a Limited lifetime warranty on heat exchanger, one year warranty on parts and optional 0 year parts and labor warranty by the manufacturer. Water will be circulated throughout the units by means of copper piping, or- Pex tubing or equal. All registers, grilles, programmable thermostat, control wiring, flue piping and full startup are included. Heating system to maintain 70 degrees Fahrenheit indoor temperature while the exterior temperature is 0 degrees Fahrenheit with 5 MPH winds. (2) Each unit will have one furnace (3) Gas furnaces to be new Williamson 05. (4) Gas burners internal - Not applicable (5) Controls - Four clock thermostats (6) Radiators, Convection hoses, piping valves, and pumps to be type copper tubing. Insulation shall be fiberglass type. (7) Fuel is natural gas (8) Location of oil tank, material, enclosure - Not applicable (9) Capacity of oil tank - Not applicable All operation and maintenance manuals shall be provided to the condominium management; The original balancing report shall be provided to the condominium management. (I) Gas Supply (1) Gas supply is provided from the street to be 3/4" line provide by Orange Rockland Utilities. (2) Meters are individual to each unit (3) Piping schedule 40 with malleable iron ?ttings or approved equal Air Conditioning All units will have a central air conditioning system. Said systems are designed to maintain 78 degrees interior temperature when exterior temperature is 90 degrees. Central air manufacturer is Tempstar condensing unit model N2A336AKA and 5 ton Air Condition Tempstar or equal. These units have an energy efficiency rating of up to l9 SEER. There?s a 5 year no hassle replacement limited warranty by the manufacturer And an optional 10 year warranty by the manufacturer. All ductwork, coil, registers, grillers, programmable thermostat, control wiring and ?ue piping are included. All piping to be Polyethylene foam pipe insulation or equal. All exterior fasteners and metals shall be corrosion resistance. Ventilation Each unit will have a charcoal ductless hood in kitchens as manufactured by ?Nutone? or equal. Windowless bathrooms to have an exhaust fan discharged to 0 the exterior 70 cfm. Other ventilation is natural and/or through the air? conditioning system. Cellars: Units that have un?nished basements are Ventilated with windows and doors Attics: (0) with the suf?cient size to provide natural Ventilation. The total net free ventilation area is more than I to ISO of the ventilated Space. Therefore, vent openings shall be corrosion-resistance wire mesh, with minimum to maximum openings. Shall consist of continuous sof?ts vents and a continuous 2? ridge vent for cross ventilation. Electrical system (1) Service Main Service from transformers between buildings to meter board at side of each building. (2) Unit service - Electrical service is a ZOO-amp min. 120/240 volt 3 wire single phase 60 cycle. in each unit. The circuitpanel is located in the basement or in the first floor of each unit. Arc Fault Circuit lnterrupters (AFCI) Ground Fault Circuit lnterrupters shall be provided. All interior wiring to be copper, service to the building is aluminum. Wire sizes will vary depending on the wire use. It can range from l8 gauge to 2/0 gauge. (3) Switchgear - As per local utility supplier not applicable. (4) Unit Service will be Minimum 30 circuit breaker panel residential type board in accordance with the latest NBC Article 220?30 (5) Adequacy - ls designed in accordance with the Uniform Construction Code and Illuminating Engineering society standards Each unit will have an average of 24 circuits with more than enough capacity for modern appliances. Individual circuits will be provided for appliances. furnaces. hot water heaters and air conditioning units. Three? way switches will be provided in the basement as well. (ii) Lighting and ?xtures to be as per NBC and NYS codes. Lighting ?xtures shall be in hallways, walk-in-closets. bathrooms, laundry rooms. kitchens and at each landing of stairways. All other rooms shall have at least one outlet connecting to a wall switch for lighting by the buyer. Convenience and appliance outlets as per NEC There?ll be receptacles near all entry doors for exterior use. Three-way switches are provided for all basement/ cellars. lntercommunication Each unit will be provided with door chimes at the entry. TV antennas and cable . outlets will not be provided. Each unit shall be pre-wired at least three telephone outlets one in the kitchen. family room and in the master bedroom. Public Area Lighting Exterior incandescent lights to be provided at exterior doors in accordance with NBC. Individual units will control their own exterior lighting. Garages and parking areas 5.9.. . If, (5) to (V) (W) (1) Location of garages Not applicable (2) Location of parking areas There are a minimum of 2 parking spaces per unit allocated at the front of each building. There is no additional parking as per the approved site plan. (3) Surfaces Not applicable. (4) Parking is unattended. (5) Garage ventilation - Not applicable. (6) Garage ?re protection Not applicable. (7) Drainage - Not applicable. Swimming pool - There is no swimming pool for the condominium. Tennis Courts, Playgrounds and Recreation Facilities - There are no recreation facilities for the condominium. Permits and Certi?cates Building permits have been obtained from the-?Town of Ramapo Building Department?. inspections performed by the Town of Ramapo building department are prior to placing; footings. foundation walls. concrete floor slabs. underground plumbing. Then inspections are for framing, rough plumbing, sheathing, roof ice shield, insulation, and ?nal for certi?cate of occupancy also by the Town of Ramapo. The rough electrical work and finished is to be inspected by a UL certi?ed independent inspector. A sewer application is required for each building from the ?Rockland County Sewer District and inspected when connected to sewer system by same agency. Violations - None Unit Information - see attached architectural unit plans prepared by William Bateman. R.A. (l All interior ?nishes are the same for all areas (except for attics, garages and utility rooms which are unfinished spaces). All interior walls and ceilings of these units will be finished with interior grade gypsum wallboard. All walls and ceilings to receive a primer coat and one ?nish coat of paint, colors are neutral and to be selected by the Sponsor. All main level floors are to be #1 grade oak hardwood moisture cured with the exception of the powder room and bathrooms. All ceramic tile to be from Sponsor?s selection. All second level ?oors to be grade oak hardwood moisture cured with the exception of kitchen and powder rooms of which shall be ceramic tile floors. All third level floors to be grade oak hardwood moisture cured with the exception of laundry rooms and bathrooms of which shall be ceramic tile floors All finished rooms receive a wood trim base with the exception of laundry room and bathrooms. All bathroom vanities to be oak finish made by American Classic model #997459 or equal. All bathroom vanity counters to be Formica or solid wood from builder selection. (2) All bathroom fixtures in each unit will be new American Standard. Bootz. Glacier Bay. Price Pfizer products or equal. Refer to plans for (X) (3) Kitchen appliances are not provided by sponsor: locations. All ?xtures will be white in color with polished chrome trim and faucets. Wall mirrors are provided in all bathrooms. The kitchen counters to be Formica from builder selection. Kitchen cabinets made by American Wood Mark or equal. Kitchen sink to be single bowl top mount 25? 22? 7" made by Glacier Bay Model #3206- 43 with single handle faucet made by Glacier Bay model#224-850 or equaL The second floor powder room is provided with one water closet Glacier Bay Toilet ET or equal. Formica counter with recessed oval how] by Glacier Bay model Lavatory faucet to be single handle by Price P?zer model or equal. The Third floor hall bathroom is provided with; one water closet - Glacier Bay Toilet ET or equal. Formica counter with recessed oval bowl by Glacier Bay model Lavatory faucet to be single handle by Price P?zer model or equal. One Tub/Shower combination unit made by Bootz Model 1-2340-00 or equal. One standard Bath/Shower faucet to be single handle by Glacier Bay model #108l9l or equal. The Master Bathroom is provided with; one water closet - Glacier Bay Toilet or equal. Formica counter with recessed ovai how] by Glacier Bay model Lavatory faucet to be single handle by Price P?zer model or equal. One Tub/Shower combination unit made by Bootz Model l?2340-00 or equal. One standard Bath/Shower faucet to be single handle by Glacier Bay model #l0819l or equal. One connection for one refrigerator freezer combination will be provided, and the clear space of 33? wide .33? deep and 66? in height buyer to be responsible for purchase and installation of Refrigerator. (ii) One connection for one gas range-oven combination will be provided and the clear space of 30" wide and 28 deep buyer to be responsible for purchase and installation of Range~oven One connection for one dishwasher will be provided and the clear space of 24? wide, 24? deep and 34" high. buyer to be responsible for purchase and installation of dishwasher. (iv) One connection for one microwave oven will be provided and the .clear space of24? wide, l2? deep and high, buyer to be responsible for purchase and installation microwave oven. There are no interior public spaces . v? 0 Smoke detectors will be installed; in all bedrooms, in second floor hallways, main ?oor entry. All smoke detectors are to be mounted on ceilings, to be hardwired to one another and one to be provided on each level with a battery back up as per NYS codes and the NEC Carbon Monoxide detectors will be installed as per code. (2) Additional information See architectural unit plans provided by William Bateman, Architect. The un?nished basement floor walls and ?oor to ceiling height is to be ?rst and second ?oor walls to ceiling height is to be and the third ?oor wall to ceiling height is to be These living areas do not include areas of, utility rooms, decks and/or patios. There are 20 buildings and each building has 2 units. To the best of my knowledge, belief and professionaljudgment, these plans and speci?cation are in compliance with the Energy Conservation Construction Code of New York State, using Chapter 6. The following documents shall be transferred to the condominium management upon transfer of control: - Operation Maintenance manuals for mechanical equipment; - Electronic system manual; - Re?commissioning manual (as applicable); - Equipment warranties; - Roof Warranty; - Major equipment Start?Up Sheets; - Control System As-Built; - ln~Door Air Quality Report; - Final as-built drawings as maintained during construction, structural, mechanical, electrical, plumbing, shop drawings. Finish schedule of spaces in units. The following is a form of schedule to be given. Room Floor Walls Ceiling Oak Painted Painted Closets Oak Painted Painted Baths Ceramic Painted Painted Laundry Ceramic Painted Painted Rm. Oak Painted Painted Hallways Oak Painted Painted Kit. Dinette oak Painted Painted Living Dining ceramic Painted Painted Powder Oak Painted Painted Finish schedule of spaces other than units: The mechanical room walls and ceiling will be one hour fire rated unpainted sheetrock, the ?oor will be concrete and the doors will be 3/4 hour ?re rated self-closing metal doors manufactured by door and hardware or 0 equal. The storage room and un?nished space walls will be covered with interior grade gypsum wallboard unpainted and the ?oors to be concrete. Description of Property Report DATE: May l2, 2015 File No: Respectfully Submitted William Bateman, Architect, AIA Prior experience: The architect has been involved in the planning and development of residential and commercial properties for over twenty (20 years). AEEUQANI VIOLA GARDENS. LLC 27 ROBERT PITT DRIVE MONSEY. NY 10952 (845) 425?7676 MINER. TEMPLE BETH EL 415 mm ROAD SPRING VALLEY. NY 10977 (1345) 355?2000 LEONARD JACKSON ASSOCIATES 26 FIREMENS MEMORIAL DRIVE. some 201 POMONA. NEW YORK 10970 (345) 354?4382 IRA M. EMANUEL. P.C. 4 LAUREL ROAD NEW CITY. NY 10956 (345) 534?4141 ANTHONY R. CELENTANO P.L.S. 31 ROSMAN ROAD NY 10984 (345) 429-5290 SITE PLAN FOR VIOLA ESTATES TOWN OF RAMAPO ROCKLAND COUNTY, NEW YORK Mouuluasa?n - 1mm 3106? and 5' 5805?! um 118390100 3) amnn sum 83d SV KW Iluasan 7"an LIST 0' 0 I nucnnmi gum-L mu "I'3-11 i 55 1% mun??nan mm: mm 1' mu tum-a mmnucmoumnuh 1mm: abutmenunum 3mm: mu mum mu sum onrmm 5mm Ill 11-11-111 I i? WI. wvmumc Immimv?ltn? mm" WI ?mama: I. . . I I Mind-o mum-- mum SSLVIOOSSV 0 WT LEBHS 31111 mu an lumwm: MK I. I 95%} $313.12: . mamam . . I. - mm 9: gm 3%332333?53 swam? mm" "mm" mm 3.1.18 mom 3 I I Ei??215ng mg!" I 59 5g; Eg?ggadg? a fangg?e g; z; Ei?as I *3 3 i??gigii 35:; i: s=h55z 93!? 3 i 5: 3345 :xgai?gi??w 3 I a: ?Ex-3392:233 3 3-HT: '3 ?g '1 3253 ?a d? a W's 5 E533 gig; ?#5553 is?? 39 ?Wig I 93 $3 ?522 :53: man liifig?i giagisegi, r- 2525253: gains 3? 35%: swig; 35% ?iz?i??i?g?giEmma? 555mg 5533355'1- [g . 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Out: .39.): ?15 3.: 2 I?m 258}: . ?5 omvusomm ELLIS SELVLSE WOIA 10 2) 51mm nononmsuna Mum mum cannon (W ll?lnu?nhdiunl hunk, gum-.08 .1 82 would .m guru-Ila!? . - I . Inc-Illalal gang nuns??n 1.3? it: I 5:23:22 3250 3:2 1 .231} 1.32.5 205(25323 tau-E. arc!? nh-nn bull-nuil-iwurv? Etll ., Hagan: ?3.35! .2. I I'll I 4 . luau-I [ills-I ill-5&3! . ll: . .. . anal??Hangman .l ful?lls Elli-silt$35.23.. . Jill. . . uV rg?litul . . 3 .urhuur? . . .. .. hunk" . .. 1 . .ii2955355? in?n?akuwu v. I. ELK-luvfiflroll a ?a??th . I I i. an?: u: n5- .2513 .1 ..H.. .3 . i- a. .. 1.. .1: 6w. avian!!? i . Burns: .mh. t. Earl! ~88. .3 II Inc-Lalo.? . I I slut-?an . 7 lug: ain?t? Ii. Huh.) .3 HI Gina?s? I. Inn-0&- li'z a?hrun an.? ah?ua val-0? Irlz . . .3332: zoub Exhibit PROJECTED 110.05 BLDG 0817 Location BEDROOMS, 0017 TYPE ?2223* PRICE P2313350 1:32:52?? cnaavms nnrunuc 1m new woman: mournm (1) 12) 15L 30 13 - {Right 31:10) 714 4,144 1.371 850,000.00 2.405% 5 294.51 5 530.02 6,380.20 3 824.53 31 14 - A (Le?aldo) 714 A 4,144 1,371 5 850,000.00 2.405% 5 294.51 5 530.02 5 5,350.20 524.53 32 14 - 714 4(5) 4,144 1.371 850,000.00 2.405% 5 294.51 5 530.02 5 6.360.20 5 824-53 3: 15 - A (Let: side) 714 A 4,144 1,371 5 850,000.00 2.405% 294.51 5 530.02 5 6,360.20 824.53 34 15 - (Right 5155) 714 NF) 4.144 1,371 850,000.00 2.405% 5 294.51 5 530.02 6,360.20 3 - 824.53 35 15 - A [Lensloel 714 A 4,144 1,371 3 850,000.00 2.405% 294.51 5 530.02 3 5,350.20 5 824.53 35 15 . (8190151ch 714 415) 4.144 1.371 850,000.00 2.405% 5 294.51 5 530.02 5 5,350.20 5 824.53 37 17 - A (Left oldc) 7M 0 4,070 - 850,000.00 2.362% 289.25 530.02 6,360.20 819.27 38 17 - 714 4,070 - 850,000.00 2.362% 5 289.25 5 530.02 6,360.20 5 319.27 A 39 18 - A 0.5mm; 714 4.070 - 850,000.00 2.352% 5 289.25 5 530.02 5 5,350.20 5 819.27 40 18 - 8 (819015105; 714 00?) 4,070 - 850,000.00 2.362% 5 289.25 5 530.02 6.35020 5 819.27 41 19 - A (Left sldc} 714 4.070 - 850,000.00 2.382% 5 289.25 530.02 6,360.20 5 819.27 42 19 - (8131115015) 714 015) 4,070 - 850,000.00 2.352% 289.25 5 530.02 5 5,350.20 5 819.27 43 20 - A (Lot! zldo] 714 0 4,070 - 850,000.00 2.352% 289.25 5 530.02 5 5,350.20 5 819.27 44 20 - (31911151ch 774 4,070 - 850,000.00 2.352% 5 289.25 530.02 6,360.20 5 319-27 172.325 43.790 5 34.850.000.00 100% 5 12,247.00 5 1,050.03 5 12,720.40 5 1,532.88 Nam: (F) designation In Ural: Type Column donate: a mlrror Image ?oor plan at the null type H010: Unlnnablzahlo Space ls locatcd In tho sub-basement o! 3011::ch units. 50:11 59300 may no: be legally used as a bedroom or and to do so result In a coda violation tor the Note: Each unit is allocated a pressure treated wood deck. which is part of the unit. The wood deck is not included in the calculation of the square foot area of the Unit. See the Floor Plans. Note: Estimated individual heating and electric costs are set forth in Schedule B-l. Note: At closing. each Purchaser shall deposit an initial Capital Payment equal to four months' estimated common charges for the Unit. See Section ("Working Capital Fund"). Note: Transfer tax is considered additional consideration on which the amount of transfer tax due is computed. In addition to the purchase price. the following charges must be paid at closing: As-built survey 500.00 Post box keys 250.00 Remotely-read water meter .. 3 400.00 Condominium creation expenses .. $2,000.00 Liability insurance (approximate) .. 1,000.00 Sponsor's attorney fee l.250.00 Transfer tax .. $3,000.00 (2) (3) (4) Fl. NOTES TO SCHEDULE A PRICES AND RELATED FOR EACH UNIT Any floor plan or sketch shown to a prospective purchaser is only an approximation of the dimensions and layout ofa Unit. The area listed in Column reflects the usable area as provided by the Sponsor's Architect. ACCordingly, each Unit should be inspected prior to purchase to determine its actual dimensions. layout and physicalcondition. The number of rooms in each Unit is computed in accordance with the New York State Building Code standards for habitable rooms. Measurements are from the inner face of the exterior wall and to the inner face of the wall separating the unit from corridors. stairs. elevators. vestibules. and other units. The basement Accessory Apartment and the wood deck at the ?rst level are a part of the Unit. Patios and walkway areas adjacent to and accessed directly from a Unit are limited common elements for the exclusive use of such Unit. See the "Description of Property" set forth in Part ll, Document No; for more information regarding the units and rooms. including floor plans of the units. Prices are negotiable. The Sponsor reserves the right to change the offering prices set forth in Schedule A. These offering prices. however. may only be changed by a duly filed amendment to this Plan when the change in price is an across-the?board change affecting one or more lines of Units or is to be advertised or is a price increase for an individual purchaser. However. the prices for the Units are negotiable and the Sponsor may enter into an agreement with a purchaser to sell one or more Units at prices lower from those set forth in Schedule A. See Section ("Changes in Prices and Units"). See Section ("Unit Closing Cost and Adjustments") which discloses and explains the closingcosts and adjustments that a purchaser has to pay. SpOnsor reserves the right to negotiate with purchasers all aspects of the purchase price of the unit. including but not limited to: renovations or improvements to the units or the ?xtures or equipment contained therein or credits or allowances therefor; amount of down payment. the terms cf ?nancing contingency in the event the Sponsor consents to permit the same; extension of period to secure ?nancing; default clause; application of the interim lease rental payment towards the purchase price; payment of all or part of purchaser's closing or ?nancing costs such as closing costs. attorneys' fees. origination fees. commitment fees and waiver or reduction of the attorney's fees set forth in the offering plan; and any and all other costs relating to the cost of acquiring title to the unit. Furthermore. the Sponsor reserves the right to amend the Plan from time to time to add and/or delete negotiable terms. In accordance with Section of the New York State Condominium Act. the Common Interests of each of the Units have been allocated based upon floor space. subject to the location of such space and the additional factors of relative value to other space in the condominium. the uniqueness of the unit. the availability of common elements for exclusive or shared use. and the overall dimensions ofthe particular unit. Common charges have been estimated by the Sponsor and including the and liability insurance for the Units and Common Elements. and maintenance and operation of the Common Elements. 25 (5) (6) (7) Common Charges exclude repair or decoration to the inside of the units. electricity and gas for each Unit and insurance for personal effects. Common charges have been estimated by the Sponsor based on the estimated Operating budgets annexed as Schedule to this Plan. See Schedule 8-1 for individual gas. electric and water/sewer expenses for the units. Real estate tax estimates are based on a letter dated June 26. . 2015 by Mr. Scott Shedler, Town Assessor. Town of Ramapo. 237 Route 59. Suffern. New York l090l. The estimated taxes are based on the total tax rate for the Town of Ramapo of $l25.63 per $1.000;00 of assessed value and on the estimated assessed valuation for each unit. which includes the following taxes: School Taxes ($90.99 per $1,000.00 AV). Town and County Taxes ($34.64 per $l,000.00 AV). The projected assessed valuation for the entire property is 32.206.000.00. The projected assessed valuation is for after the completion of construction. The actual assessments and tax rates may change from year to year. The annual projected assessments of the units as estimated for the year beginning January l. 20l6 are set forth in Exhibit l. Real estate assessments are estimated based on the values of the units. No assurances can be given that the taxing authorities will assess the building and allocate the assessments in the same manner and the actual assessments may not be in the same proportion as the common interests set forth in Schedule A. After separate tax lots are apportioned. each unit will be taxed as a separate lot for real estate tax purposes and the Unit Owner will not be responsible for the payment of. nor will the unit be subject to. any lien arising from the non-payment of taxes on other units. See Section Estate Taxes") for further details. All projected total carrying charges are for the projected ?rst year of operation beginning December 20l5 NOTE: Sponsor has not obtained. nor is it offering. permanent ?nancing commitments to purchasers. Therefore. if a purchaser obtains financing. debt service on such financing will be a expense additional to the total charge listed. Projected carrying charges do not include certain costs for which the Unit Owner is responsible such as (where applicable) repairs to the interior of the Units. separately metered gas. electricity, hot water. heat. air conditioning and cable television service. If Unit Owners individually pay for heat and hot water costs. or for costs usually included in the common charges. refer to Schedule B-l for individual carrying charges. ln addition. prospective purchasers will be required to pay at closing. among other things: four (4) months' common charges to be used as working capital; (ii) New York State transfer taxes: $1000.00 to defray Sponsor's costs of creating the condominium. See Section ("Closing Costs and Adjustments"). below. Since no mortgage ?nancing is offered by the Sponsor. the only dedUCtible item is real estate taxes. If a Purchaser obtains a mortgage loan. interest on such loan. is deductible under current law. The projected amount deductible may vary in future years due to changes in the assessed value. the tax rate or in the method of assessing real property which result in a change in real property taxes. or such other changes as may reasonably be expected to affect deductions. 26 C.) The Internal Revenue Code of I936. as amended. limits the deductions of mortgage interest to mortgages incurred in acquiring? constructing or substantially improving the ?rst and second residences of a taxpayer. The deduction is also limited to interest paid on acquisition indebtedness not to exceed $l.000.000.00 and home equity indebtedness not to exceed $100.000.00 THE ABOVE IS NOT INTENDED TO BE A COMPLETE DISCUSSION OF ALL LIMITATIONS IMPOSED BY THE CODE. PARTICULARLY FOR INVESTORS. ALL PURCHASERS ARE ADVISED TO SEEK ADVICE FROM THEIR TAX CONSULTANTS CONCERNING TAX CONSEQUENCES OF PURCHASE OF A UNIT IN A CONDOMINIUM. 0 Exhibit s. a A ~34ku .. A A Am}: A Syria. . . 11A "5613 .A . .?muu?kui2.1.. 1 1.2.11 . .. d. .LJ . wn?v.59. .13.. .Am .m d3 1.. a an. v.712.?ame, Ania mh?awixeit?ay?nmean?n.rinnin".11 . g?mawmu?gs Ix: adelv.~... ATEM AN .Jw :11- .3: I ARCHITECTS i ?wharf-L.-. 1 a ?WMle *hi?m?l?F'iV; ?au?-t?gv . xx main mml'? '1 ?mg-(war l: TIM. iLEl'??l I .. 0 Mt'm'l hummer ?r _uvm?mr NJ: "15a: Em: Mam?: "Hr- WOLA ESTATES BUILDING "13" TOWN OF RAMAPO, ROCKLAND COUNTY, NY PROPOSED 2 SINGLE FAMILY TOWNHOMES FOR: - m. a mum: my: mm mm: mama-1m mm mum-In 1:2: mugv?u?m. m: a: m: mm Mia-4M lull} 11m: macaw: mill! AIMLT 5 alumna i 5 Mum?. an a i ASNDTED a ammonia-FOWD. FLOOR PLAN .-.. - WFLOORW .lam-u: FLOOR - .- -- u?x 7 i .. . . 2st; .hum t-imuil sit-3(.13. t, .. - I fir-:1! n? .mu li_? ?nun- . Milftn it?: 5 - _h . I v.33" 1.: I Await EH: . . 15* ~..ilo.t.l.1.lln .Iallxi .1 ..Ilull.l.ivll . . . ?r'L-o u?gl nur- l-Lu' . LL. we?: . . I "5 nlUl "rm si'uu. 4 ?23. .4 u. I 1 4 ?Io. 13' ?Ia-Myrna.1. ?5.35: ,5 Annex d?f. that1m.u10mmc m?zmrm $525. 4.05.230me mom? ?m?w?w mmurcnz? 4.027.. Cm 35.7%? WOOEEZD .. .Ill'l..l. I. - IT). .. 1 11 km?" in I 5' mm I. Man}: ?1 . MAN I ?w Maw-k1. ?53 1:3! Eu mm: ?mm v. Hume 0 Message?--?? From: Zalman Goldstein Sent: Tuesday, February 23, 2016 5:08 PM To: Anthony Mallia Subject: Viola Estates Followup Tony Mallia Director of Building, Planning and Zoning Dear Tony, Thank you for meeting with me yesterday concerning the Viola Estates development on Viola Road. As you know, I am one of the concerned neighbors living on Zabriskie Terrace which sits right behind the development, who was made aware of a number of concerns regarding the way the development is proceeding and potential negative impact on our neighborhood. I was pleased that you shared with me your department?s own concern about finding oversized utility meter boxes being installed that are provisioned for four electric meters on units that are only permitted to have two dwellings, calling into question the ultimate intent of the developer. You also shared that you spoke to the developer about the extra meters and he told you that the plan is to leave the buildings in a condition that a change to zoning could be pursued to allow a doubling of the present permitted apartments, to which you said that he should not deviate from the approved plans, nor think he'll ever obtain such approvals. As you offered, kindly reply to me with a more thorough narrative on this conversation with the developer, as well as those you mentioned you had on this issue with Orange and Rockland, as well as Pete Muzzi. I thank you in advance! Zalman Goldstein VIOLA ESTATES - EXHIBIT 5 0 From: Anthony Mallia Sent: Friday, March 4, 2016 2:37 PM To: Zalman Goldstein Cc: Maureen Pehush Subject: RE: Viola Estates - Followup Mr. Goldstein, I spent several days outside of the of?ce due to a personal matter I had to attend to. Since being back this week, I ran a search through my emails and cannot find an email to the Health Department. As I told you the day of our meeting, the Health Department called my office to notify me of an onsite inspection at Viola Gardens. I believe he was contacted by one of the neighbors concerned that the builder was preparing for additional apartments to be utilized at that location. i sent out Peter Muzzi to investigate and he found that work was being done not according to plan. We contacted the builder, Shimmy Galanduer and asked what his intentions were at this site. His response was that he planned on returning to the Town Board and asking for permission to increase the density to allow additional units. We explained that he cannot proceed without proper plans or permission. Subsequently, revised building plans were submitted portraying the actual construction occurring on site. Those plans were reviewed and approved as finished lower levels of the two family dwelling units above, not additional units. We have made it very clear that there is no approval and that no occupancy other than what was approved by the Town Board will be allowed at that site. No Certificates of Occupancy have been issued or applied for at this time. We are keeping a close on the project along with other agencies and have no intention of allowing additional occupancy without proper approvals. Until such time any dwelling unit is used contrary to our laws, no action against this builder can be taken. The mere appearance that it could be eventually converted into additional living spaces is not enough to act on. I hope this answers your questions. if you need any further information or clarity, please feel free to contact me. 7mm Chief Building Inspector VIOLA ESTATES - EXHIBIT 6 0