New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-06-24
Some Changes in
Occupancy Not
Under Its Rule
Board of Appeals Empow'
cred to Deal Only with
Structural Ones
Power of Fire Dept.
Permits To Be Given Some
Garage Owners Who Through
Ignorance Violate the Law

In the last issue of "The Bulletin
the Board of Appeals says it has no
power to prevent changes Of building
occupancy that violate the building
zone resolution. Several persons have
written to the Board Of Appeals ap'
parently seeking the aid Of the board
to prevent such changes.
The board further says: ut may be
we'll to point out that the administra-
ton of that resolution does not devolve
on this board, but rests with the Fire
Commissioner, the superintendent OF
buildings and the Tenement House
Commissioner, each within his respec-
tive jurisdiction. The function of this
board with respect to this resolution
is the consideration Of appeals for ex-
ceptions permitted and provided for by
the resolution, for Interpretation of Its
provisions, or for notifications on the
grounds of practical difficulties Of I'M
necessary hardship.
"A change of occupancy that does not
involve structural changes comes with
in the jurisdiction of the Fire Com
missioner, and any complaint regard
ing such a change should be sent 70
his department. Thus, early in Febru-
airy last. the Fire Commissioner, acting
on the protest of neighbors. ordered
the removal Of a cleaning establish
ment that had been installed, subse-
quently to the adoption of the build
ing zone resolution. In a residence
building in a restricted district
at may be interesting in this con-
nection TO note that a complaint OF GER
tain property owners against the es-
Enlistment of q restaurant IN res
dence district was dismissed by Justice
Greenbaum, as il was not shown that
the public authorities charged with the
duty of enforcing this resolution had
refused to act. See New York Law
Journal, February 10, 1871 page lS0o.)"
Permits sfor Existing Garages
As to permits for existing garages,
the board says:
"It appears from appeals that have
been received by the board of appeals
that there is number Of garages that
are not lawfully maintained because
the necessary license or permit re-
quired by Section $50 Of Chapter 10 Of
the Code of Ordinances has never been
secured from the Fire Commissioner
Many of the owners or prOprletors Of
these garages now find that their be-
lated applications for permits are not
granted because their buildings are To-
Gated in districts restricted against
garages by the building zone resolution.
THE board Of appeals, realizing that
in some cases the unlawful use was
continued in ignorance and not in de-
fance OF requirements, has decided
that if satisfactory proof Is submitted
TO the Fire Commissioner that build
ing has been used As garage previous
10 July %, 1916 (when the building
zone resolution became effective) and
that the failure 70 obtain the permit
was not due 10 indifference or negli-
gence, the building shall, so far as the
building zone resolution is concerned,
be deemed to have been used as
garage and its continuance shall be
permitted.
in all cases coming under the above
conditions, while il may be well to file
an appeal with the board of appeals
within the twenty-day limit in order TO
conserve the right of appeal, the APP
pelant should at once take up the mat
ter with the Fire Commissioner for
adjustment, notifying the board of his
efforts in that direction
Fire Commissioner Was Powerless
This decision was made on an APP
peal brought by Charles J. Miller,
counsel on behalf of Martha Miller,
from decision of the Fire Commits
sioner refusing a permit for garage
on premises SAL Jerome Street, Brook
Ign. The Fire Commissioner wrote in
refusirc, n pernnit. "Wi.h reference TO