New-York tribune., 1921-12-04
Where to File
Faults Against
Zoning Law
Complaints for Changing of
q Section Should Be Made
With Board Of Estimate,
Which Will Grant Hearing
By Edward M. Bassett

By Edward M. Bassett
Real estate owners are sometimes
perplexed to know whether to send
their petitions or complaints to the
Board of Estimate, Borough President,
building Department, Fire Department
aor Board of Appeals.
The Board Of Estimate controls the
Szoning resolution and maps. No other
body can alter these in any way. If an
applicant thinks that his block should
be changed from business to residence
or from D district to an E district, or
any other change made, he should send
his petition to the Board of Estimate.
The board will refer it to its committee
on the city plan, which submits copies
to the Borough President and City En-
Gineer.
The Borough President, with the ad-
vice Of his local board, makes his rec
omlncrdation to the committee, as does
the City Engineer. A hearing is always
granted before the Board of Estimate
before any change is made. If neigh
bors object to the proposed change they
can file protest. provided for in the
charter, and then the Board of Esti-
mate can make the change only if it is
unanimous.
The Borough Presidents office is not
the place to lodge petitions or COM
plants Of any kind regarding zoning.
His only OFFICIAL relation to the coming
law is as q member of the Board Of
Estimate. 1t is customary, however,
for property owners in borough to
keep their Borough President informed
when Important changes are pending,
as the other members of the Board Of
Estimate expect him to advise them on
local conditions.
Issuing of Permits
The Building Department of each
borough issues permits for new build
ings or alterations. If the plans on
which the permit is requested do not
comply with the provisions Of the zon-
ing resolution the Building Depart
ment will refuse the permit. If the
applicant thinks that the Building De-
partment has Inexperienced the law,
no can appeal to the board Of appeals,
which possibly will reverse the ruling
Of the department. But many of the ap-
peals that go from the Building Depart
ment to the board of appeals are in
cases where the Building Department
does not have the power to act because
the applications involve a discretion
afy matter, such as the location of a
garage on business street, q tenn
porary non-conforming use in an out
lying district or the extension Of q
non-confOrming use over a border-line
Another class of cases which 60 per-
functorily from the Building Depart
ment to the board Of appeals are those
Involving changes in the strict re-
Quirement of the law where unneces-
sary hardship is caused and where an
alternative method to- be prescribed by
the board of appeals can carry out the
intent Of tho resolution. The board Of
appeals always grants hearing, 1t
acts on specific buildings only. It cam
not change the resolution and. maps.
That is the prerogative of the Board of
Estimate. The board Of appeals is the
instrument provided by law to prevent
the coming resolution from being un-
necessarily stringent or arbitrary. AS
1oning is regulation under the police
nnduly arbitrary.
Duty Of Fire Department
The Fire Department is charged with
the duty OF enforcing the zoninp re-
solution against non-conforminR uses.
It, for instance, in q residence block
some property owner endeavored to
change private residence to q store,
the surrounding neighbors should send
vsSoAA $soAQlA1AIS Win AlIIQ6V1CS TO the
Fire Department. This is not because
the Objectionable use has anything to
do with fire hazard, but simply because
the Fire Department covers the entire
city, has numerous men in the field. is
we'll informed on construction matters
and the history Of building, and can
adopt uniform procedure throughout
the whole city. If central building
department covered the entire city it
is likely that such building department
would have been charged with this
duty.
When the Fire Department receives a
complaint with afidavits 1t makes an
Inspection and ascertains whether the
non-conforming use has been begun
since July 25, 1916, when the zoning
resolution went into effect If the new
use is contrary to law the Fire Depart
Ment will order it abated. II the Fire
Department is not obeyed, it can refer
the matter to the Corporation Counsel.
who will bring the offender before the
Magistrates Court. All of the rulings
Of the Fire Department, however, are
appealable to the board of appeals by
= simple procedure and the board Of
appeals adjusts practically all of the
mexitoricus cases satisfactorily.