New-York tribune., 1918-02-24
He Is Not Content to Ac-
cept J. P. Morgan's Little
Victory Over Him
Puts Cost at Million
Appellant Asks New Estimate
Board to Reconsider
Fusion Action

William Waldorf AStor, who failed IN
his attempt year ago to get the tu-
sion Board of Estimate to lift the re-
striction on the Astor property on
Madison Avenue, between Thirty-ffth
and Thirty-sixth streets, and open it
TO business uses under the building
zonc law, is expected to try again be-
fore The new Tammany Board OF Esti-
mate
The matter is already before the
present board in the form of petition
from Mr. Astor asking that the action
property to residential purposes be re-
versed on the ground of the discovery
of additional facts.
The controversy over the property in
q fight between Mr.. Astor and j. p.
Morgan. The latter, through counsel
and representatives of the Murray Hill
Association, of which Mr.. Morgan is
president, strcnuously urged at all the
hearings on the districting plan that
the Astor houses on Madison Avenue
should be kept in the residence district.
Mr.. Morgans obvious object was to
make the Astor houses serve as a bar
rier to keep business from approaching
nearer the Morgan houses, between
Thirty-sixth and Thirty-seventh streets,
on Madison Avenue. MIR. Morgan won
his point.
Appealed Building Ruling
The Board of Appeals, the members
OF which have sent in their resigna-
lions at Mayor Hylans request, also
tling OF plans by Mr.. Astor, with the
Superintendent of Buildings, for the
construction of a seven-story build
ing on eight lots on Madison Avenue
five lots on Thirty-sixth Street and five
lots or Thirty Street. to be used
for business purposes. The building
has been approved by the building
superintendent in all respects except
as TO use, the superintendent holding
that it violates the provisions of the
building zone law, from which Mr.
Astor took an appeal
In his petition to the new Board Of
Estimate Mr. Astor also AYERS that
The action Of the old board impaired
the value of the plot in an amount ex-
ceeding S1,000,000, and that the prop
orty to the extent Of that amount hes
been taken without due process of law
and in violation Of the Constitution
Nh. Astor presented his petition to the
new board through his American at
torney, Charles A. Peabody.
Charges Arbitrary Act
THE .petton further states that the
p.I -,
manner for no substantial purpose ex-
Cept to preserve for residential pur-
poses the property known as the
murray Hill section, north Of Thirty
sixth Street and east of Madison
Avenue, for "1sthetic considerations
and for the personal pleasure, comfort
and exclusiveness of the persons own
ing such property" 1t is pointed out
that on the east side of Madison
Avenue. between Thirty y-sixth and
Thirty-sevonth Streets are located the
lily. The petitioner states that j. p
Morgan accomplished his object in
keeping business from being established
on his block.
"This object" the petition says, "has
been accomplished, although the eight
Astor houses lie on the other side OF
the avenue and are surrounded by bus
mess and have been sliced from q
block otherwise entirely devoted te
business, and restricted to Residential
uses. The result of restricting youi
petitioners property to residential pur-
poses has been to contscate large
part of its value for the benefit of Mr.
Morgan and not for the public good
The commission of building districts
and restrictions, after repeated con
sideration, recommended that the entir,
westerly side of Madison Avenue. be.
tween Thrtyfth and Fortieth Streets
be opened for business purposes, but
the recommendations were not followed
by the old Board of Estimate.