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Plumb v. Board of Zoning Appeals

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eBook details

  • Title: Plumb v. Board of Zoning Appeals
  • Author : Supreme Court of Connecticut
  • Release Date : January 02, 1954
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Olin Industries, Inc., through
Nicholas Mauro, applied to the board of zoning
appeals of the city of New Haven, hereinafter
referred to as the board, for a variance of the
zoning regulations to permit the use of property
known as 200 Bassett Street, New Haven, as the
site of two one-story buildings for the storage of
lumber, building equipment and masonry supplies.
The board granted the application, and the
plaintiffs, owners of property in the
neighborhood, appealed to the Court of Common
Pleas. The court rendered judgment reversing the
decision of the board, and from that judgment this
appeal has been taken. The following facts were before the board when
it granted the variance. The land in question is
bounded on the north by Bassett Street, 224 feet,
and on the south by Brewster Street, 112 feet. On
the west it abuts a right of way of the New York,
New Haven and Hartford Railroad Company for 320
feet. It is now owned by the defendant Olin
Industries but is under contract of sale to the
defendant Mauro on condition that it becomes
available for the use for which the variance is
sought. There are now no buildings of any kind
upon the property. Prior to 1947, the area in
which the lot is located was zoned for industry.
In that year, however, the zoning regulations were
amended so that the greater portion of two large
city blocks, including this property, fell in a
residence B zone. No residences have been built in
the neighborhood since the change of zone. Olin
Industries had owned the land for many years prior
to 1947 and at one time had planned to use it for
industrial purposes. Dixwell Avenue is about 300
feet west of the property, and the frontage on
that street is zoned business A. The use for which
the variance was sought was one which was permitted
[141 Conn. 598]


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