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REAL ESTATE
AND
NEW YORK, JANUARY 23, 1915
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STRONG SUPPORT FOR SKYSCRAPER LAW
But Modifications Are Suggested By Advisory Board's Experts
at the Hearing—No Opposition to the Principle of Limitation
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property. Few skyscrapers pay large
net returns, for the cost per cubic foot
of tall buildings is greater than for low
buildings, while they seriously affect
their neighbors by impairing the value
of both improved and unimproved con¬
tiguous property. The real estate inter¬
ests in Boston, although originally op¬
posed to the height limit are today its
strongest supporters.
A New Principle.
"A new principle affecting American
real estate is slowly being evolved;
namely, a provision for light and air as
a benefit to adjoining property. This
is known in England as 'right of light'
and may lead in time to legal complica¬
tions unless buildings are properly regu¬
lated. Special consideration must fur¬
ther be given to the height of buildings
where there is much vehicular traffic
from manufacturing and mercantile
buildings, because congestion from
wagons and drays in this respect might
he minimized by lower buildings.
The Average Height.
"Under this ordinance, the average
height of tall buildings will be 120 feet
or nine stories high, since most of the
streets are 60 feet wide. Heretofore the
average has been twelve stories high.
The customary unoccupied space which
wil! be effected by this ordinance will
be increased by at least 100 per cent, for
a nine-story building, and more for a
taller one. Buildings facing the river or
large open spaces will, as an average,
be 120 feet or nine stories high, where¬
as buildings on avenues 100 to 150 feet
wide may be 200 to 300 feet high.
"The area of a building which may
be erected on a given plot is restricted
approximately to 87 per cent, for low
buildings, and to 80 per cent, for a nine-
story building, so that there may be
yards, courts, areas, or open spaces from
13 per cent, in low buildings to 20 per
cent, in nine-story buildings, which must
be left open to the sky above the sec¬
ond story. For higher buildings the
unoccupied area is more, being 1 per
cent, of the area for each story. Except
for buildings on corner lots or buildings
extending through from street to street,
the ordinance requires that there be a
yard in the rear of all buildings. In
this particular, exterior courts are said
to be more satisfactory from the stand¬
point of light, not only for occupants
of the building, but also for the street,
while if all buildings were then built
up to the rear line, under these condi¬
tions, there would be less fire hazard
from rear yards. Warehouses, refriger¬
ators, and other special buildings that
do not require light and ventilation and
where no adjoining property interests
are affected must also be provided with
a yard."
Committee's Recommendations.
The recommendntions for certain
chano-es in the ordinances, as made by
tbe Building Code Committee of the Ad¬
visory Council, are: To allow parapets
on roofs and balconies of tbree and one-
half feet without making it necessary
to reduce the height of the building; to
allow of fill kinds of chimneys and of
THE ordinance of the Board of Alder¬
men recently proposed, to regulate
the height, size and arrangement of
buildings, is of far-reaching effect, and,
in conjunction with the possible dis¬
tricting or "zoning'* of the city, will
mark an epoch in the building and real
estate activities of the city.
No real opposition was developed at
the notable hearing at City Hall on Wed¬
nesday afternoon against the essential
principle involved.
A gentleman who appeared in a mul¬
tiple capacity, as the owner of a cer¬
tain skyscraper on lower Broadway, as
a taxpaying citizen and as the head of
a prominent civic association, favored
the ordinance as an owner, opposed it
as a taxpayer and had nothing to say
as the president of the association, be¬
cause opinion in the association was
divided. The gas companies would op¬
pose the bill if it limited the size of gas¬
holders, but intimation was given that
an exception would be made in this case.
Readers of the Record and Guide
know that the proposal to limit the
height of buildings hereafter to be
erected has been the subject of discus¬
sion for many years. Tt has appeared
in definite form at everv attempt in the
past to revise the Building Code, and
once again as a Building Code ordi¬
nance it comes from the Buildinn^ Com¬
mittee of the Board of Aldermen, and
this time with the strongest backing it
ever has had. The hearing was granted
at a joint meeting of the Board of Esti¬
mate, the officers of the Board of Al¬
dermen and the Building Committee and
was presided over hy the Mayor him¬
self. The official gentlemen constituted
an imposing array around the mahogany
table.
The chairman of the late Heights
of Buildinir Commission, which em¬
bodied in its report the recommenda¬
tions now contained in the pending or¬
dinance, was asked by Mayor Mitchel
to first of all explain the nature of the
provisions. Mr. Bassett, in complying,
attempted no argument, but gave a very
clear conception of what is proposed to
be done. The principal restriction is as
follows:
The Skyscraper Limit.
"Every'building shall be so constructed
tiiat the street wall will not exceed in
height the limits hereinafter prescribed
* * * except that any part or parts
of a building not exceeding in aggregate
area 25 per cent, of the lot on which the
buildinsr is situated may be erected to
any height, provided that such part or
parts shall be distant at least twenty-five
feet, measured horizontally from all lot
lines."
Mayor Mitchel read a long list of
names of representatives sent by socie¬
ties to appear in favor of the bill. Only
a few of the proponents were heard,
and then an adjournment was taken to
Thursday afternoon. January 28. Wm.
H. Chesebrough and Law^son Purdv
made addresses which visibly impressed
their hearers with the importance of
the measure. Mr. Purdy supported his
argument with letters from President
E. M. BASSETT.
rhairmaii of the commission which proposed
the ordinance.
Kelsey of the Title Guarantee aiid Trust
Company, and President Bright of the
Lawyers Title Insurance and Trust,
institutions that had loaned millions of
dollars upon real estate in this city and
were not likely to favor legislation in¬
imical to real estate.
Advisory Council's Conclusions.
While the principle of the bill received
general support, there are details which,
in the opinion of some, are open to im¬
provement. Hon. Cyrus C. Miller, chair¬
man of the Advisory Council of Real
Estate Interests, submitted, in writing,
certain recommendations which will be
developed at tlie next hearing. The gen¬
eral principle incorporated in this ordi¬
nance has been endorsed by the Advis¬
ory Council, with the belief that its
application will tend to conserve real
estate interests and simultaneously be
for the best interests of the city as a
whole. The members of the Building
Code Committee of the council. Henry
W. Hodge, chairman: Otto M. Eidlitz
and Julius Franke. have made an ex¬
haustive analysis of the ordinance, and
after conferences with both legal and
technical authorities upon city plan¬
ning, have submitted a comprehensive
report upon which the council has based
its decision and conclusions.
These conclusions state that tall build¬
ings are not necessarily unsafe, un¬
healthy, uncomfortable, nor inconveni¬
ent, as might be inferred from the re¬
port of the Committee on the Height
of Buildings, submitted to the Board of
Estimate and Apportionment on Decem¬
ber 23, 1913. and upon which the pro¬
posed ordinance is based.
"On the other hand, experience has
conclusively demonstrated that tall
buildings have a depressing effect on
taxablfl and income valweg of jidjoining