The Bridgeport evening farmer., 1917-03-06
BUILDING LINE
 EXEMPTIONS BY
 CITY NOT LEGAL
Former City Attorney Cullinan Says Council Acts Won't
 Stand Test.

|
 legaa right to give any property own
 CT the right to build over a building
 line once it has been established,'
 said Atty. John J. Cullinan before the
 common. council last night. It is the first time that this question has been
 raised before that body and none of >the members appeared prepared to
 deny the lawyers statement, although | for years it has beer1 the custom to
 make building lines and change them again as fast as property owners make petitions.
 | This custom has lead Antonio To- massetti of IA North Washington l avenue, for whom Attorney Cullinan 1 is opposing the change in a building
 line in North Washington avenue, to ! remark that in this country it seemed that every man makes a law for him. self.
 Judge Thomas c. Coughlin appear ed before the council in favor of the petition of John and Theresa Chiota to build over the line at 174 and 200 North Washington avenue
 Atty. Cullinan urged the members of the council to submit the matter to the city attorney before taking ac- ton. '"This board" he said, "has only legislative powers so far as they are granted by the General Assembly. I think you will find that charter pro- visions require the consent of all property owners before a building can go over the building line. My client has built twice within short, time and each time he. has kept back of the line. The second time he built he came to the council and asked per mission to build over the line but your board disapproved his petition. When you establish building line you in- wade a mans property rights just as you do when you take his property for a street. I believe the city attorney will tell you that you cannot grant this petition if one property owner objects.'
 Judge Coughlin said the section of the city charter mentioned by Attor- ney Cullinan referred only to property owners in the block where it was pro- posed to build out. He said MT. To- massettIs property is located in the next block. He mentioned the fact that the Connecticut Breweries Co. has already built over the line. Atty. Edward J. McManus appeared for c. $. Garfield. The latter desires to build over the line in the same street.
 Attorney McManus asked the. coun- cil to postpone action until his clients have presented petition. Attorney Coughlin agreed to this No action was taken by the council.
 B. F. Cooney, clerk of the park commission appeared at the public hearing in favor of the extension of Chalmers avenue, East Eton street, Morgan and Bancroft avenues to the new Beechmont park. He said the extension of these streets would open avenues to the park and that the park commission felt the property owners in that section should not be assessed benefits if the streets were extended. MT. Cooney said there is an agree ment with the city that the original owners of the land shall not seek ben efits if the streets are extended to the new park.
 Building Inspector Daniel M Row. land and Assistant Building Inspec- tor Andrew P. Owens, George Beach and others appeared in favor of the extension of the streets. David s. Beach said he favored the street ex- tension but said he believed if it were carried out, that an agreement con- corning the division of the property made some time ago between himself and his brother, James E. Beach, would be broken if the proposed ex- tension were not carried out along certain lines. He had a map toS submit to the city engineer illustrat- ing how he thought the lines should go.
 Director of Public Works Jacob. X. Courtade sent notice to the council last night that there is a deficit in his appropriations, of $10,S03.7S. This sum was promptly voted him from the unappropriated revenues. He asked $8,576 for street cleaning, although no attempt has been made to clean the snow from the streets after the recent storms. Yesterday there were drifts at Main street and Fairfield ave- nue deeper than any in the country around
 The proposed widening of Water l street from South avenue to TIousa- tonic avenue was approved and it was voted that work commence by April 10. Property owners were notified l to vacate or remove any buildings that stand in the way of widening. The l director of public works is empowered l to remove any buildings not moved by l the property owners.
 The division of the Sixth and Ninth ! voting districts into two precincts was ratified by the council last evening. l The section of the Sixth district south 1 of North avenue will be known as the First precinct and north of North l avenue as the Second precinct; East Main street will divide the Ninth dis 1 trict into two precincts east and west. l