New Britain herald., 1925-01-29
NEW ORDINANCE ON
 BUILDING PERMITS
Law Adopted Changes Method
 Of Dealing With Protests

A new ordinance removing from the building commission its discre- tionary powers in matters of build ing location and placing the respon- sibilty for granting permits where there Is protest upon the common council, was adopted at last nights meeting after Mayor A. M. Paonessa read message pointing out the need for q change in the method of issuing permits
 The ordinance provides that when- ever an application is made for permit to build a house having more housekeeping units or differing in general character from other build ings in the locality, the commission shall hold up the application until the following requirements have been met: The application shall DC advertised. persons owning property within radius of 500 feet shall be advised; if remonstrances are receiv- ed from 40 per cent of the property owners hearing shall be given to persons owning property within 800 feet and if 75 per cent of the pro- pcrty owners object, the permit shall be provisionally denied: persons ag- grieved may appeal to the common council whose decision will be final. During the pendency of an appeal building operations shall not be car ried on.
 Tie Mayors Message
 The mayors message follows:
 Gentlemen of the common council:
 Tor several months the city has been confronted with problem as to when, where, and how building can be restricted without doing an injustice to prospective home own- CTS or to buildings which have been standing for many years.
 "rhe ordinance passed by your body last September is in effect nothing other than zoning ordi- nance giving the building commis- sion unlimited powers. True, it was your intent that discretion be used. But, since the ordinance was creat- cd there has been, and just as long as it exists there will be dissatisfac- ton. The same body that passed the ordinance giving the commission power to act at it's will has criti- cized the board for acting. I can- not deny that l, too, have criticized some of the commissions actions. I have noticed, however, a marked divergence of opinion among your membefs.
 Allow me to remind you gentle I men, that the building commission | was reatcd for the purpose Of l supervising the erection of buildings, 1 materials used, etc, not to deter | mine what types of building might | be erected in certain areas. The | charter provision that created ,the | commission so constituted the board as to equip it with experts who had | specialized in construction rather than to make it body of city plan" ners or zoning experts.
 "The common council is 1egisla- tive body while the building com' mission is an executive group created to carry out the orders of the council rather than to legislate of it's own accord. l feel, then, that the council should define its stand on construction sop lainIy as to re- move from the building board all discretionary power.
 we have no basis upon which to work which we can guarantee will satisfy everyone. The nearest ap- proach to definite basis is the zon- ing map as now constituted. l be- lieyc the common council should either allow the present 'discretion- ary ordinance' so-called, stand and /! instruct the building commission to use the zoning maps as final on all permits, or>efase Aom the books en- tircly this discretionary ordinance.
 "At all events, the common coun- cil should take a definite stand at once.
 The zoning maps and ordinance will be ready for action by your body within few weeks and once adopted will, I feel certain, put an end to the present state of dissatis- faction. In the meantime, however, there is a period when the indis- criminate issuance of permits can work great injury. or on the other hand withholding of permits may work an injury unnecessarily.
 Tt is the duty of the council to take a definite stand by defining its