152-08-A & 177-08-A APPLICANT – Quinn McCabe LLP, Line LLC, c/o Alf Naman, owners. SUBJECT – Application May 30, 2008 seeking to vacate a Stop Work Order Department of Buildings for failure authorization of the adjacent property Special District WCH. 23rd PREMISES AFFECTED – 515 W 23rd Street, between side of West Avenues, Block 695, Lot 27, Borough COMMUNITY BOARD #4M APPEARANCES – For Applicant: Christopher McCabe. ACTION OF THE BOARD – Application on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Commissioner Ottley-Brown, Hinkson and Commissioner Montanez......................5 Negative:....................................................................0 THE RESOLUTION:1 WHEREAS, the instant appeal heard Cal. No. 152-08-A comes before the Board to a stop work order dated April 30, Manhattan Borough Commissioner Department of Buildings (“DOB”) (the Order”) addressed to 23 High Line LLC, to New Building Application No. 104589562; WHEREAS, the April 30, 2008 Order reads, in pertinent part: “Failure to provide all required information demonstrate compliance with all laws for related application # Stop all work. Provide required information”; and WHEREAS, the instant appeal heard Cal. No. 177-08-A comes before the Board to a partial stop work rescind order dated by the Manhattan Borough Commissioner “Partial Lift Order”) also addressed to LLC with respect to New Building Application 104589562; and WHEREAS, the Partial Lift Order pertinent part: “Partial lift only to place ground floor backfill foundation walls”; and WHEREAS a public hearing was application on September 24, 2008 after publication in The City Record, and then October 8, 2008; and WHEREAS, the premises and surrounding had site and neighborhood examinations Srinivasan, Vice-Chair Collins, Montanez and Commissioner Ottley-Brown; PARTIES AND SUBMITTED TESTIMONY WHEREAS, this appeal is brought 1 Headings are utilized only in the interests and organization. 152-08-A & 177-08-A order to the BSA, denominated 177-08-A; WHEREAS, on September 10, September 12, 2008, DOB issued letters revoke approval of the shoring permit Permit based on the lack of owner authorization the shoring work in violation of Section Code; and ISSUES PRESENTED WHEREAS, the appellant challenges issuance of a stop work order based violation of Sections 27-140 and 27-151 and WHEREAS, both appeals present facts and issues of law concerning the shoring permit and an NB Permit where performed on a neighboring property consent of the owner and is now complete; WHEREAS, the appellant was issued permit on October 7, 2007 to perform shoring on the perimeter of its property; submitted in conjunction with the application indicate that concrete piers installed on the adjacent property neighboring building structure; and WHEREAS, the shoring permit without evidence of consent by the adjacent the performance of shoring work on after a complaint by the adjacent owner work had been performed without its issued a stop work order halting all performed under the shoring permit as the NB permit; and WHEREAS, DOB contends that the stop work order, pursuant to Section 27-147 of the Code, was appropriate (i) the appellant was not authorized shoring work by the adjacent owner, Section 27-140 of the Code; (ii) the cannot be deemed valid without the adjacent consent to the shoring work; (iii) the work under the shoring permit was integral be performed under the NB Permit permits together authorized a single project; is a continuing trespass because performed under the NB Permit would unauthorized encroachment; (v) DOB authority to lift the stop work order without of the adjacent owner; and (vi) authority to impose an alternative penalty; WHEREAS, the appellant makes primary arguments in support of its position Board should rescind the stop work partial lift order, that: (i) all further performed on the owner’s property and consent of the adjacent owner; (ii) the under the shoring permit was indepen

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