The New York herald., 1869-02-13

How IL 10 Done and How Not to do He
AperverseIy reckless disregard OF existing ordi-
nances and the rights OF the public shows itself IN
the erection Of new buildings in this city. The fact
Is patent to everybody. 1t requires no sharp OBJ
servation to see IL. Many, Of course, wonder why
tits So and In riding in their carriages or public con-
veYances or going on foot TO and from their places
OF business hurl silent but deep anathemas at the
Common Council or Street Department or any mun
cipal bureau they think chargeable with the
blame, for the frequency with which they
have to execute skilful and sometimes dangerous
nank movements to get by encumbrances nliing the
streets. Encumbrances from putting up new build
ings, many or them almost wholly obstructtng the
Streets are visible In nearly every thoronghfare OF
the city. The evil has been rapidly growing, TILL IN
the multiplicity OF new buildings being erected, and
particularly In the upper part OF the city, there Is
hardly astreet that not almost positively blockaded
by mammoth piles Of bricks huge masses Of stones,
long lines Of lumber, monster appliances for mixing
mortar and mingled masses OF marble, iron pillars,
sand heaps paving stones dirt carts, barrels boxes
wheebarrows, doors and window frames. The
fact Is, these trespasses tue streets nave been
an unbearable nuisance, and unless something Is
done to abate the evil IT VIII 60 on from worse 10
worse. Each year Is largely adding to the number
OF new buildings. A good portion OF the island Is
still to be built over, and with every prospect ludg
Ing from the past and present OF the esii to which
increase In the number OF our buildings and popna-
ton.
The law on the subject OF obstructing the streets,
elther In the erection OF new buildings or otherwise
is sufficiently clear and II only sufficiently operative
would Lieet all the requirements Of the case. From
revised city ordinances OF 1885, referring to the
Street Department, quote those sections or por
tions OF them bearing specially on this polnt:-
removal any article thing whatever thai encuber
ob,trucs stree; or wharf or pier in the city Of
SEC q He ahe Street Commssoner is hereby directed
% @ eh PER- the
two Of whom shall be 70 report 70 the Stree.
street avenue place and with his consent to order
the be removed the
yard under the care OF the Deputy OF Re-
There are those who insist that the above sections
refer to boxes of goods, merchandise and articles
with which our sidewalks are so frequently and ex-
do with encuInorances OF the streets from putting
up buildings. But IT. very plain to the most
casual reader that 1t Is not so specified in the bond
that 1t must include all classes OF street enculn-
brances and that the ordinance, strictly and legally
| speaking. is not thus statute OF limitations Is
| made more evident from there beng NO spec Iic
reference to distractions arising from filing the
streets with building material. Whether the IN
spectors find Il for their interest TO give the law the
limited Interpretation to which we have referred 1t
Is not for to say 1t very certain that builders
in regard to oDstructng the streets have t their
way and encroach on the public thoroushiares
to any extent they please, the rights ana con-
yenience q the public being secondary to their
putting up OF new buildings is necessity,
and in the light Of beng viewed. as q
beyond the lots actually built on must be
| allowed builders. There Is no objection to
reasonable space. The objection to unreasonable
| space-to the present unlawful ana INSCRIPTIONS
encroachment the public streets practise1 by
many builders. The rule In the Street Department
for, more correctly speaking, UNDERSTANDING is that
they shall not be allowed more than one-third Of the
street; but is well known that in streets OF ordinary
occupied and very rarely Is the space reduced to
| one-third. AS to the one-thrd rule we have been
able to find law the subject except the law OF
usage and which we have just stated Is very rarely
complied with and OF course as rarely enforced.
When . building is to be erected the owner
or builder other authorized person ap-
| lies to the Street Department for permit TO
use portion OF the street as place Of deposit for
his building material. The permit Is given for three
months 70 be renewed on application II necessary.
The supposition, OF course Is that the Inspector VIII
see to 1t that he does not encroach beyond the Gus.
| that might be made out we give below samples OF
the extent to which builders are encroaching on the
| infringement on the law-tnat is, the law OF usage
under the one-third rule-and others are not.
Commencing with Fifth avenue, the present most
fashionable street the city for driving and prone
nadng wend the street un0bstructed until we reach
erected very handsome private residence. The en
| croachnient OF brick and mortar Is comparatively
slight on the avenue, but II is fully made up on
| Fortieth street. Mr.. Williams Is owner and Mr..
| Woodruff builder.
| ON East Fortieth street. adjacent to the avenue,
are five handsome brown stone fronts In process OF
erection. With bricks, morer and lumber they have
managed to pretty fully mon0polize the street. Two
OF the buildings are owned by Mr.. Leavit and the
others by Charles Bates and IL. b. Hyde. The build
ers are William Rogers and J. T. Smith.
Between Forty NTH and forty-sixth streets, farther
\ up the avenue, on the west side, are two brown
| stone fronts. nearly completed They are owned by
1 Mr.. CLARK. The builders are Brown 4 Herbert
These parties have shown considerable caution and
| take up but little OF the street.
on the next block, on the opposite side. is the
Church OF Heavenly Rest still struggling toward final
are being erected adjacent, three OF which belong
| to the church The builder OF the church and the
buildings belonging TO 1t IS Mr. Old Mr.. Auderlaus
Is the builder OF the other two. The presence OF
building material In front OF these buildings dwndcs
the avenue down TO an inconvenent narrowness for
the constant counter streams OF passing carriages and
especially. taken in connection with the build
ngs, all the front OF the block but one corner
house. IN fact, being put up across the way.
These latter buildings are owned by Rogers and Dug
gan. AFR. Shattuck ls the builder.
Ex-Aiayor Opdyse ls erecting magnificent private
residence on tue northeast corner OF Forty seventh
street and Fifth avenue. Both avenue and street
considerably taken up with building material. The
ex- Mayor ougt 20 be posted thoroughly the law
aud t Is possible he Is occupying more OF the
street than he isjusty cni d to- aud possibly under
some law unable To ind.
The Dutch Reformed church going up between
Forty-eighth and Forty yninth streets, the west
side. have done the emnently conmendaDle thing Ia
fencing IN their building and most oi their building
material. large quantity or stone still remaining
encumbers, however, the street. considering the
amount OF spare room they have for building mate
rial on their lot.
Passing still farther up The avenue we find new
building going mp the corner OF Forty-ninth street.
OF which Mr Davids is the owner ana Mr.. Callahan
builder. The obstruction OF the avenue here IL very
slight, as also In front OF new building being
erected at the corner OF Ftieth street; but IN
frnglng on the side streets there IL not the same
scrapulous care. Two blocks further up they have
commenced eScavating Tor new building. and Ia
the usual way have commenced early the process OF
filing the street. East Fifty second street. near the
avenue, is blockaded with stones, excepting very
A
pass. Again turning our attention 10 the avenue
sec 1t. Thomas church IN It's nchoate state and the
specially wide platform leading TO the temporary
chapei.r In view OF the amount OF sidewalk
taken up by this platform it IL TO De
hoped that ike the chapel, II VIII be temporary
what makes the matter sui Ia this vicinity r.
digging sewer in tine street. II Is unnecessary to
pursue the avenue along the line or the PARK. At
present this portion OF the avenue u not used for
driving. and so the matter OF taxing up the street
oue-thlrd moro less-does not very seriously con-
cern the public, the latter Is not particularly In