The New York herald., 1922-01-29
ETH AVENUE APARTMENT WAR TO BE WAGED IN COURT
Zone Law Amendment Barring Tall Flats From Goth to
Goth Street Will Be Contested in Mandamus Proceed
ings---Foes of Measure Include Vincent Astor, the
Goulds and Other Influential Owners--Fifth Avenue
Association Jubiant- Says Fight Has Been Won't
Save Fine Street for Residences

Tor an apartment house or for business
development. With ground values as
they are to-day all the individuals and
concerns which desire to improve their
property with apartment houses declare
that a house limited to IS feet In height
permitting of not more than six floors.
cannot be made q paying investment
What will happen, they say, will bo fur
ther decay on the avenue or q lowering
Of land values 80 radical that even q
six story multiple family house can be
made to show q profit
Mayor Hylan favored shutting out the
apartment houses from the district He
styled them "Chinese walls which would
deprive the eastern portion of the city
from the benefit of the cooling breezes
sweeping across Central Park" Comp
troller Craig. however. disapproved Of
the idea, and 1t was his lone vote which
prevented the Board of Estimate from
making unanimous this district change
from the original zone acts Of 1915.
The amendment shuts out tau apart
houses only on the avenue frontage and
on the side streets to q point 100 feet
west Of Madison avenue. Under the law
az It now reads twelve story apartment
houses may be erected on Madison ave-
nue and seventeen story houses Of Park
avenue. Such houses are now being built
on these thoroughfares. Inasmuch as
these avenues are nearer the congested
East Side than Fifth avenue Mayor Hy-
lan's argument about the breezes from
Central Park. according to his oppon-
ents. loses trifie OF IT'S punch
In the original coming act It II held
that wherever district changes are to be
made limiting the height Of buildings to
a certain proportion Of the width Of the
street, where the district borders ON q
rutlic park. the width Of the street Is
'the mean width Pits tho width (meas-
ured at right angles to the street) of
such public park" Unless the Board Of
Estimate revises this portion Of the
original code Il cannot consistently
limit the height of Fifth avenue apart
ment houses to three-Quarters Of the
width of the avenue. As It reads now
the code would admit OF q building 80
tall that were It to tumble over toward
the setting sun the debris would block
the west drive of Central Park.
The opponents Of the limitation are
represented by Robert b. Knowles, an
attorney of 165 Broadway, who Is pre-
paring to file papers In O mandamus
proceeding In the Supreme Court. Mr..
knowles when seen yesterday by q re-
porter for THE NEW YORK HERALD
pointed out that the action of Mayor
Hylan and the Board Of Estimate will
prevent the development OF Fifth avenue
and will benefit the owners of smaller
riots Of ground on the eide streets near
Madison and Park avenues. where under
additional restrictions six story apart
ment houses may be erected on much
cheaper land.
In fact Mr.. Knowles openly declares
that the long drawn out fight has shown
that the real motives back of the fight
to keep modern, well designed apart
ment houses off Fifth avenue emanated
from the owners on the side streets who
cesire to preserve for themselves the
Unrestricted development of their prop
eity by depriving the owners on the
avenue of the Same privileges.
In order to set forth the advantages
that would accrue to tho city treasury
and to the owners of Fifth avenue prop
erty from the construction Of big apart