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Real estate record and builders' guide: v. 87, no. 2234: January 7, 1911

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January 7, 1911. RECORD AND GUIDE ESTABUSHED^fe\ftRptl2W^I86S. DEv6-Ilfl P RE\L ESTAJT . BuiLDtr/c A;F(Ct(!TECmjRE ,[^OI)SEllOU) DEG(3RAT101'f. Busit/Ess AtfoThemes or Gei^rsV 1Ktei\est. PRICE PER YEAR IN ADVANCE EIGHT DOLLARS Communications should be addressed to C. W, SWEET Published Every Saturday By THE RECORD AND GUIDE CO. President, CLINTON W. SWEET Treasurer, F, W. DODGE Vlce-Pres. &. Genl. Mgr.. H, W. DESMOND Secretary, F. T. MILLER Nos. 11 to 15 East 24th Street, New Tork City (Telephone, Madison Square, 4430 to 4433.) "Entered at the Post Office at Ncte York, N. T., as scconrf-closs ir.cttcr." Copjri^'htad, 1911, by The Eocord & Guide Co. Vol. LXXXVIL JANUARY 7. 1911. NO. 2234. A CONFLICT OF LAWS. BUILDERS in the speculative lield, contemplating the probable consequences of the order forbidding en¬ croachments over the line of the street, issued by the Bor¬ ough President of Manhattan, cannot discern how the con¬ struction of small live or six-slory apartment houses can be profitably continued under the disadvantages which the order imposes. They do not consider that economic condi¬ tions had already put an end to the erection of five-story tenements. As a commercial or investment proposition tract waiting for houses of this class, and there are sections of Yorkville and Harlem east of Third avenue occupied by small dwellings which were viewed as prospective fields for improvement with five-story and even six-story non-elevator tenements as a commercial or investment proposition these houses cannot, in the opinion of the builders, be set back from the street line, so as to get the headroom for the c-ntrauce from the street into the cellar which is reciuired by the Tenement House Law. For this would mean the loss of two rooms on each floor at the rear, as well as obstruct¬ ing the view from the front of the house; and builders are not prepared to accept as a good solution of the difficulty the proposed plan of gaining an entrance into the cellar by sacrifi(;;ng, in the case of a small tenement house, a por¬ tion of one front I'oom on the first floor of each house; or, in the case of a store, by eliminating a show window. In the opinion of many builders there is a plain conflict be¬ tween the purpose of the Tenement House Law to main¬ tain a fire-passage through the house from the backyard to the street, and the purpose of the Borougli Superintendent to have no more stoops and areas built extending over the lot line. Consequently, the suggestion is made that, as the Tene¬ ment House Law did not anticipate an order from the Build¬ ing Department which would practically shut off the front en¬ trance to the cellar, it is in order that the law should be so amended as to take cognizance of conditions which builders now have to meet. The new restrictions are not considered as seriously affecting apartment houses of large size, such as those having a height of twelve and eight stories and corre¬ spondingly large ground dimensions, because they have or may have exterior courts through which access is or can be had to the cellar. Presuming that it is measurably correct to say that under Manhattan conditions there is no apparent solu¬ tion to the problem for small tenement houses that will not detract from their rental value, and so limit or prevent their construction in this borough in the future, it is apparent, as a prominent builder said during the week, that in the end the chief sufferers will be those families for whom the ele¬ vator house is an economical impossibility. DISCRETIONARY POWER. HERE the (Question is raised as to the real necessity for making an order of this nature applicable over the whole Borough of Mauhattan at this time. For evidently in the opinion of the Borough President of Manhattan, even though it is not the opinion of the Borough President of the Bronx, discretionary authority exists to some extent. And if there is a constitutional power of discretion which permits the Borough President of Manhattan to make exceptions in favor of some architectural projections and not others, and which enables him to make allowances of ten inches in some cases and eighteen in others, then why not under the same interpretation of law does he not also possess the discretion to rule that the necessity of revoking the privilege for stoops and areas, while it may be present and apparent in one part of the borough, has oiot arisen in another; as for ex¬ ample, in the lateral streets north of Fifty-ninth street? In view of the divergent opinions of the various Borough Presi¬ dents, the whole subject becomes debatable, and will con¬ tinue to be so until there is some fundamental legislative or judicial determination of the rights of property in this re¬ spect. In the case of Manhattan, where land has become so costly that every square inch is calculated in the plans of builders and investors, and where all the plans, measure¬ ments and calculations for apartment houses are based on the unit of one city lot of exactly one hundred feet in depth, it is a serious matter to change the unit or standard of calcula¬ tion and to lessen the capacity of the regular city lot for building purposes, especially if done unnecessarily. It is as patent that Borough President McAueny has tried to avoid being arbitrary as it is that Borough President Miller of the Bronx has followed his sincere convictions, but If there is a possibility of a different determination of the (juestion of encroachments, or the possibility of such a modification of the Tenement House Law as will enable builders to keep behind their lot lines entirely without sacrificing space which under present economic conditions they cannot seemingly af¬ ford to lose, then it is a duty owing from the State Govern¬ ment to property owners to have that determination made as c|uickly as possible. If the prophecy of builders is true, that with present values and rentals the new order means an end to the erection of the only class of houses which the larger portion of the population of Manhattan Island have felt that they could afford to live in, then we are at the threshold of another great change in the history of Manhat¬ tan Island, and some of us are not sure that it is better to precipitate that change by executive rulings than to .have it come more gradually through economic evolution. CONCENTRATION OF RESTAURANTS. DURINti the last few months thrae new restaurants of the highest class have been opened in the vicinity of Broadway and 4 2d street, and announcements have been made that plans are being prepared for two more. Prob¬ ably in no other city in the world *is there such a con¬ centration of places of amusement and refection as will soon exist in and about Long Acre Square. Instead of its pre-eminence in this respect being in any way diminished, it is being constantly increased. Whatever tendency there is towards development is traveling up along Broadway and Seventh avenue to the north. On the other hand, all this increase in theatres and restaurants is not being accom¬ panied by any considerable developmeut in other directions. There are a couple of retail clothing stores on or near the Square, and several office buildings are under way. But the retail stores are not of the best class, and the new office buildings are renting very slowly. The pre-eminence of Long Acre Square in respect to theatres and restaurants limits its business development along other lines. The more substantial business enterprises tend to find locations in and about Greeley Square. It was expected that the open¬ ing of the McAdoo station at 32d street and of the Penn¬ sylvania Terminal might tend to draw some of the theatre and restaurant business down towards 34th street, but no such tendency has developed as yet. It is true that a very large hotel is about to be built on the corner of 34th street and Greeley Square, but this hotel is intended chiefiy for business men. It is to contain an enormous number of small, moderate-priced rooms, and in all probability it will obtain the same class of custom that tlie Broadway Ceutral used to have. It is designed to be the business man's hotel of the new mercantile district; and if it is a success it will contribute to the growth of its immediate neighbor¬ hood rather as a cejitre of trade than of amusement. Up to date Long Acre Square is unquestionably pre-eminent for the kind of business which is transacted at night, whereas Greeley Square is pre-eminent for the kind of business" which is transacted during the day. -----------—♦----------------- EXCESS CONDEMNATION. BOROUGH President Miller of the Bronx has performed a genuine public service in calling attention to the fact that the Legislature has already passed an act which per¬ mits the people to vote on an amendment to the Consti¬ tution permitting excess condemnation. The passing of such an amendment is of the utmost importance. It is safe