erection of the proposed garage by the erection of two two-family dwelling houses, and that the roof beams of the proposed garage shall not be laid until the roof beams are laid on the two-family dwellings; further, that the street front walls of the garage on both Throop avenue and Vernon avenue shall be constructed of pressed brick with stone trim and that the only entrance for cars shall be from Throop avenue; that any windows placed in the wall facing Vernon avenue shall have the sills placed at least 6 ft. above the sidewalk line; and that any door opening in this wall shall not exceed 3 ft. 8 in. in width and to be used only as a fire exit; and

Resolved, further, that any permits necessary for the prosecution of the work shall be obtained within nine months of the date of this action, and that the building shall be completed within eighteen months of the date of this action.

(196-19-BZ)

When this request, under the building zone resolution, of the Cornelia Garage & Repair Co., owner, for extension of time within which to complete the extension of existing garage under permission granted by the Board of Appeals on April 16, 1918; premises Cornelia street, 90 ft. west of Anthon avenue, Ridgewood, Queens; was called, there was no appearance.

It was moved that this case be laid over to November 11, 1919, at 2 p. m., to permit applicant to present reasons in support of his request. There being no objection, it was so ordered.

FIXING OF AREA.

Joseph V. Gallagher, attorney, appeared in relation to his application for amendment of the area fixed by the board at the meeting of September 16, 1919, affecting proposed garage to be erected on premises 721-723 Lincoln place, Brooklyn.

It was moved to amend the area fixed as desired by counsel.

Motion to reconsider the action of the board in fixing the area, received the following vote:

Affirmative-Messrs. Beatty and Kearney-2. Negative -The chairman, Messrs. Boulton and De Hart and Fire Chief Kenlon-4. Absent-Mr. Holland-1.

Failing to receive the requisite number of votes, motion to reconsider is lost, and the area deemed affected remains as fixed by the Board on September 16, 1919.

(948-18-BZ)

The chairman reported as follows:

"An attempt has been made to file with this Board what amounts to an appeal from the decision of this Board.

"Under Cal. No. 948-18-BZ this Board granted permission to Fred Ochse to erect a garage as an addition to an existing stable, premises 472-482 Sterling place, Brooklyn. The resolution, adopted July 2, 1918, definitely limited the extent of such addition, and when it developed that the owner was endeavoring to circumvent the decision of the Board, the resolution was amended, by vote of the Board, on April 15, 1919, so as to make doubly clear the limitation imposed by the original resolution.

"Notwithstanding the action of the Board the said Ochse filed with the Superintendent of Buildings, Brooklyn, plans for the forbidden extension, and, when Superintendent Kleinert refused to issue a permit on the ground that the matter had already been decided by the Board of Appeals, the said Ochse, through his attorney, submitted an appeal to this Board.

"The chairman refused to entertain such an appeal and returned the papers with the following letter:

"I beg to acknowledge receipt of your letter of October 2, 1919, with copy of what purports to be a notice of appeal from a decision of the Superintendent of Buildings, affecting premises 472 Sterling place, Brooklyn; also of certain papers which purport to constitute said appeal.

"I beg to advise you that such an appeal cannot be received or entertained by the Board of Appeals, and I am, therefore, returning the papers to you herewith

and am sending a copy of this letter to the Superintendent of Buildings, Borough of Brooklyn.

"What you seek to do is to appeal from the action of the Superintendent of Buildings in carrying out the decision of this Board, In this case, there was no decision by the Superintendent of Buildings, but merely an administrative act in carrying out a decision duly made by the Board of Appeals. Therefore, to entertain the matter that you have submitted would be tantamount to this Board entertaining an appeal from its own decision. The matter is res adjudicata as far as this board is concerned."

Motion approving the action taken by the chairman was adopted by the following vote:

Affirmative-The chairman, Messrs. Beatty, Boulton, De Hart and Kearney and Fire Chief Kenlon-6. Negative0. Absent-Mr. Holland-1. Adjourned, 4:15 p. m.

WM. WIRT MILLS, Secretary.

CHANGES IN BUILDING ZONE MAPS. Following are certified copies of resolutions adopted by the Board of Estimate and Apportionment changing the use district designations of certain streets :

(Cal. No. 17)

Resolved, By the Board of Estimate and Apportionment, that the resolution entitled, "A resolution regulating and limiting the height and bulk of buildings hereafter erected and regulating and determining the area of yards, courts and other open spaces, and regulating and restricting the location of trades and industries and the location of buildings designed for specified uses and establishing the boundaries of districts for the said purposes," adopted July 25, 1916, be and the same is hereby amended by changing Use District Map, Section No. 22, so as to change from a residence to a business district 15th avenue, between the southerly side of 39th street and the southerly side of 41st street, Borough of Brooklyn. Adopted, September 26, 1919.

(Cal. No. 18)

Resolved, By the Board of Estimate and Apportionment, that the resolution entitled, "A resolution regulating and limiting the height and bulk of buildings hereafter erected and regulating and determining the area of yards, courts and other open spaces, and regulating and restricting the location of trades and industries and the location of buildings designed for specified uses and establishing the boundaries of districts for the said purposes," adopted July 25, 1916, be and the same is hereby amended by changing Use District Map, Section No. 13, so as to change to an unrestricted district Berlin avenue from Columbine avenue to Borden avenue, Borden avenue from Berlin avenue to Gosman avenue, Townsend avenue, southerly side, from a line 100 feet east of and parallel with Clifton avenue to Borden avenue; Jones, Waters and Joy avenues from a line 100 feet east of and parallel with Clifton avenue to Berlin avenue, and Debevoise avenue from Columbine avenue to Borden avenue, Borough of Queens.

Adopted, September 26, 1919.

FORMS FOR NOTICES TO PROPERTY OWNERS. If applicants, under the building zone resolution, desire copies of Form 13A, for notices to property owners, such forms are not to be supplied by this office.

The applicant is entitled only to one copy of Form 13A. properly filled out.

If he desires additional copies for his own convenience in notifying property_owners, he can obtain such copies from The O'Connell Press, 176. Park row, Manhattan, at three cents each, postage to be added if the forms are to be supplied by mail.

EXTRACTS FROM THE GREATER NEW YORK

CHARTER.

CHAPTER XIV-A.

BOARD OF STANDARDS AND APPEALS.

$718. 1. Constitution and appointment. The board of standards and appeals is hereby established. The words "the board" when used in this chapter refer to said board. It shall consist of the fire commissioner, the superintendents of buildings, the chief of the uniformed force of the fire department and six other members to be appointed by the mayor who are hereinafter referred to as the appointed members. Of the appointed members first appointed by the mayor, two shall be appointed for terms of one year, two for terms of two years and two for terms of three years, and annually thereafter the mayor shall appoint two members for terms of three years each. At all times there shall be among the appointed members of the board persons qualified as follows: one, other than the chairman, shall have had not less than ten years' experience as an architect; one, other than the chairman, shall have had not less than ten years' experience as a structural engineer; one, other than the chairman, shall have had not less than ten years' practical experience as a builder. The mayor shall designate one of the appointed members of the board as chairman and shall also appoint a secretary. The board shall appoint a chief clerk and such other subordinates as may be needed, who shall receive such compensation as may be provided pursuant to law. The clerk of the board of examiners is hereby transferred to the position of chief clerk of the board of standards and appeals. The chairman of the board shall be an architect or structural engineer of at least fifteen years' experience; he shall receive such annual compensation as shall be fixed by the board of aldermen upon the recommendation of the board of estimate and apportionment, he shall act as chairman of the board and of the board of appeals, and he shall not be engaged in any other occupation, profession or employment. The appointed members of the board other than the chairman shall receive such compensation as may be fixed by the board of aldermen upon the recommendation of the board of estimate and apportionment for each attendance at a meeting of the board.

2. Removal and filling vacancies.

The mayor shall

have power to remove any appointed member of the board, and the secretary of the board, and to fill vacancies occurring by such removal or other cause. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.

All

3. Meetings. Meetings of the board and of the board of appeals shall be held at the call of the chairman and at such other times as such board may determine. meetings of such board shall be open to the public. Each board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official action.

4. Bulletin; filing and publication of decision. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board and of the board of appeals shall immediately be filed in the office of the board and shall be a public record. The board shall print and publish

monthly or oftener at its option, a bulletin in which it shall publish every rule, regulation, every amendment or repeal thereof made by the board, and every order, requirement, decision and determination of the board of appeals, and the reasons therefor whenever it shall deem it practical to do so, and such other matters, including indices and digests, as the board may deem it advisable to publish.

Jurisdiction.

$718-a. The board shall: 1. Have power to test materials to be used pursuant to law, and to make investigations concerning all matters relating to the enforcement and effect of the provisions of this chapter, the building code, and the rules and regulations made by the board;

2. Make, amend and repeal rules and regulations for carrying into effect the provisions of the laws, ordinances and rules and regulations in respect of any subject or matter, jurisdiction whereof is conferred upon the board by this act, or upon a superintendent of buildings by title two of chapter nine of this act or by ordinance or upon the fire commissioner by title three of chapter fifteen of this act or by ordinance, and to include in such rules and regulations provisions applying to specific conditions and prescribing means and methods of practice to effectuate such provisions and for carrying into effect the powers of the board. Such rules and regulations shall take the place of rules and regulations made by a president of a borough, a superintendent of buildings or the fire commissioner; 3. Make, amend and repeal rules and regulations regarding the enforcement of those provisions of the labor law and other laws which relate to the construction, alteration, structural changes in, plumbing and drainage of, elevators, fire escapes on, adequacy and means of exit from and fire alarm systems in all buildings, except tenement houses, within the city of New York.

All rules and regulatoins made by the board pursuant to this section, shall take the place of the industrial code and of any rules or regulations of the labor department relating to the same subject-matter.

4. Exercise exclusively with respect to buildings situated in the city of New York, the same powers as are conferred upon the industrial commission by chapter seven hundred and nineteen of the laws of nineteen hundred and fifteen.*

5. During the month of December annually suggest to the mayor and corporation counsel changes or amendments to the law.

Rules and Regulations.

§718-b. 1. At least eight affirmative votes shall be necessary to the adoption, repeal or amendment of any rule or regulation by the board. At least ten days' notice of intention to adopt, amend or repeal any rule or regulation shall be given by publication in the bulletin of the board, and a public hearing shall be given before any action is taken thereon. The adopted rules and regulations and amendments and changes thereof, shall take effect not less than twenty days after the publication thereof in the bulletin of the board.

2. All rules and regulations heretofore lawfully adopted by a president of a borough, a superintendent of buildings, the fire commissioner or by any other

*Printed in connection with Factory Buildings Regu lations.

of the illegality. Such petition must be presented to a justice of the supreme court or at a special term of the supreme court within thirty days after the filing of the decision in the office of the board, or its publication in the BULLETIN.

2. Writ of certiorari. Upon the presentation of such petition, the justice or court may allow a writ of certiorari directed to the board of appeals to review such decision of the board of appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court or a justice thereof. Such writ shall be returnable to a special term of the supreme court of the judicial district in which the property affected, or a portion thereof, is situated. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

3. Return to writ. The board of appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return must concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and must be verified.

4. Proceedings upon return. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

5. Costs. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

6. Preferences. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

Penalty for Non-Compliance With Orders, et Cetera, of
Board, of Superintendents of Buildings, and of
Fire Commissioner.

$719-b. Any person who shall knowingly violate or fail to comply with any lawful order or requirement of the board made under the authority of this chapter or of a superintendent of buildings made under the authority of title two of chapter nine of this act or of the fire commissioner made under the authority of title three of chapter fifteen of this act, shall be guilty of a misdemeanor;

and shall in addition thereto, and in addition to all other liabilities and penalties imposed by law, ordinances, rules and regulations, forfeit and pay for each and every such violation and non-compliance respectively, a penalty in the sum of not more than two hundred and fifty dollars, as may be fixed by the court awarding judgment therefor. An action may be brought for the recovery of any such penalty or penalties in any municipal court or court of record in said city in the name of the city.

CHAPTER IX.

Determination of Questions.

$411. Each superintendent of buildings shall have power and it shall be his duty, subject to the provisions of law and the ordinances of the board of aldermen, and the general rules and regulations established according to law to pass upon any question relative to the mode, manner of construction or materials to be used in the erection or alteration of any building or other structure erected or to be erected within the borough under his jurisdiction which is included within the provisions of this chapter, or any existing law applicable to such borough relating to the construction, alteration or removal of buildings or other structures, and to require that such mode, manner of construction or materials shall conform to the true intent and meaning of the several provisions of this chapter and of the laws and ordinances aforesaid, and the rules and regulations applicable thereto, but, where there are practical difficulties in the way of carrying out the strict letter of the law, the spirit of the law shall be observed and public safety secured and substantial justice done, provided that variations from the strict letter of the law or the building code shall be approved by the borough president. But a superintendent of buildings shall not have power to vary from or proceed contrary to the labor law, except as it may be modified by the board of standards and appeals as provided in this act, or contrary to a rule or decision of the board of standards and appeals of board of appeals, or contrary to an order of the fire commissioner, except as such an order may be modified by the board of appeals, nor of the tenement house commissioner, Whenever a superintendent of buildings to whom such question has been submitted shall reject or refuse to ap prove the mode, manner of construction or materials proposed to be followed or used in the erection or alteration of any building or structure, or when it is claimed that the rules and regulations of the board of standards and appeals or the provisions of law or of said ordinances do not apply, or that an equally good and more desirable form of construction can be employed in any specific case, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of such superintendent to the board of appeals.

JAMES P. HOLLAND
JAMES KEARNEY

FIRE CHIEF JOHN KENLON

WILLIAM E. WALSH... ..Supt. of Buildings, Manhattan

P. J. REVILLE..

ALBERT E. KLEINERT.

JOHN W. MOORE...

Supt. of Buildings, The Bronx
.Supt. of Buildings, Brooklyn
Supt. of Buildings, Queens

WILLIAM J. MCDERMOTT....Supt. of Buildings, Richmond

WM. WIRT MILLS, Secretary

EDWARD V. BARTON, Chief Clerk

OFFICE-Municipal Building, Room 914.
TELEPHONE-Worth 184.

OFFICE HOURS-9 a. m. to 5 p. m.; Saturdays, 9 a. m. to 12 noon.

REGULAR MEETINGS of the Board of Standards and Appeals, Tuesdays at 2 p m.; Board of Appeals, Tuesdays at 10 a. m., in Room 919, Municipal Building. All meetings are open to the public.

All communications should be addressed to the chairman of the appropriate board.

By mail, 7 cents

RULES GOVERNING THE USE OF FUEL OILS. NOTICE IS HERELY GIVEN that after a public hearing held on September 3 and 24 and on October 1, 1919, the Proposed Rules Governing the Storage and Use of Fuel Oils and the Construction and Installation of Oil-Burning Equipment, as amended as a result of such hearings, were further considered by the Board of Standards and Appeals and action thereon was deferred to the meeting to be held on Wednesday, October 29, 1919, at 10 a. m., the chairman meanwhile to have incorporated in the printed draft certain other proposed amendments.

This issue of the Bulletin contains, in the order given

The Calendar.

Notices in Building Zone Cases.

Minutes, Board of Appeals, October 21, 1919. Rules Relating to Smoking in Factories.

CONTENTS

Granted

Resolutions amended

Time extended ...

Permission rescinded

Rules adopted

Method of Test Prescribed..