New Britain herald., 1926-06-25
TEST OF zONING ACT IN SUPERIOR COURT
Anthony Naples Plans Rejected,
 Will Appeal at Once
HART ST. RESIDENTS WIN
COnstitutiOnality of Law Will Be Passed on for First Timc-Judge Cooper Makes Finding for Board of Adjustment.

The superior court will be asked to
 define "one-family house" and the way will be paved for a test of the constitutionaHty of New Britain's zoning law through an appeal on behalf of Anthony Naples from the
 decision of the board of adjustment that his Hart street house is not one-faflily dwelling.
 Hungerford x SaNc, attorneys for the Naples interests, are preparing the papers of appeal today.
 The board handed down it's de- cision yesterday afternoon and as result Naples will not be allowed to complete his house until a new court order is issued or an accepta- blc plan is offered,
 Boards Finding
 Judge James F. Cooper who pre- sided at the hearing two weeks ago. prepared the boards finding. which follows:
 According to the testimony there are eleven persons by the name of Naples consisting of a father. two unmarried brothers. a married sis ter, her husband and child. and five unmarried sisters who started the construction Of q house in which were two tcnnmcnts, the second floor tenement adapted for use hv the married sister, her husband and child, and the remainder of the house for the Naples family. There have been from the beginning and are now two families who are in tcrcsted in the erection of this house and by their own admissions now in- tend to occupy fl, if and when built, no matter if it is built as two family residence or as a large single house.
 The present permit for finishing the house, granted by Building Com mission, is based upon plans for altering the original two tenement house, with the idea Of making it q one family house within the mean ing of the ordinances of the City of New Britain, It is admitted by the owner and the owners architect that tn changes made in order to con- vert the original plan Of the two tenement house into a one family house were as slight changes and made at as little cost as would ac- compIish the desired result.
 In discussing .He question we must bear in mind that we are moi discussing the house as it is now partially built but the house is it will be built in accordance with the plans under which the present build ing permit was issued By those plans there is one front door. one kitchen, one meter for gas and one meter for electricity and the parti- tions in the stairways and halls, which, under the original two tcue- two separate families are so modi- fled by openings that they open commonly into mutual passagcways, . halls and Stairways
 The question at issue before the Commission and as dis aussed gy counsel for Miss Nrples before this Board seems to be this: Considering the new plans alone . md putting 10 one side all ques- . ions of intended occupancy, do the present plans show d one family house within the ordinary meaning )f tn" term 2" But q further ques- ion must be considered by the Board as having q bearing on the 'ase, namely. Should our decision )e affected by the facts appearing tt the hearing, and from the history )f the case, that the house will be, n fact, occupied by two separate 
 Section of the ZoninE Ordinance, Par. "A". provides that no building n residential district shall be used ,r arranged to be used in any part lnlcss as herein specified for any 'ther than the following purposes.
 'G) One dwelling for not moro nan one family or one househerp- lg unit.
 Continued on Page Twenty