New Britain herald., 1928-10-11
HINTS At FLAWS
IN REALTY TITLES
Lawyer Questions Legality Of
Holdin9s on Mil Street

built houses on the south side OF MIL
street may be occupying city pro-
perty. without title to the land they
claim and without standing as pro-
perty owners, was made last night by
Attorney Donald Gaffney when ne
APPEARED before the board OF ad-
iustment in the interest of the Acorn
Bearing Co.. petitioner for a zonns
exception.
Mr.. Gaffney exclaimed that this has
been his impression. and that IL Is
rather widespread one. but that ne
has not had opportunity to lnvestl-
gate deeply into the report his
abatement was intended to weaken
the opposition. consisting OF long
list of residents and property owners.
The Acorn Co. operating a small
factory, planned to enlarge us
quarters and improve existing build
ings, but found that. being located
in a residence district, it was re-
strained from doing SO without q
special exception from the board OF
adjustment.
Attorney Gaffney pointed to the
fact that this is an Industrial CITY
and he urged that nothing be done
to stunt the growth OF small INDUS
tries. He also called to the attention
of the board the fact that many OF
the houses now on Mill street We're
built after the Acorn factory mad
hot
came to the district fully aware OF
the existence of the plant.
lanberg Heads Opposition
The opposition was represented by
Attorney Emil j. Danberg. Mr.. Dan
berg first directed attention to the
fact that the building does not no"
conform with the zone regulation
He traced improvements IN the
locality, remarking on the cost and
appraised value OF several homes
and to the recent paving OF the
street. An addition to the factory
he argued. would result in incon-
venience and displeasure to the
neighbors and would have the ef-
feet OF ignoring the coming principle
of protection to property.
William E. AttW God was inclined
to favor the plan, expressing view
that Infant industry" should be
aided.
Attorney Elias Il. RinGrose. an
other member of the board. termed
the requested exception step Ill
the right direction
Samuel McCutcheon and Judge
J. T.. Cooper were inclined to favor
strict adherence to the principle OF
protection to property, the latter
remarking that only when there is
a much larger investment than the
Acorn Co. has would he agree to
extend u non-conforming use.
At the suggestion of MIR. Atwood
final action was deferred to the next
meeting OF the board.
An extension of Leon Gorski'.
fc.iCry at 7G Sexton street was
.yrnted after Gorski had presented
hi; own case. He had originally
j'..i,in.I to increase the present
building from a STORY to a three
Story struct ure, but he brought in
an amended plan last night setting
back the second story 10 feet.
No Action ON IAiM'l, Cart
Because George r. kimball had
expressed desire to be present
when action is taken on proposed
zone change to rest rict lunchcarts
from Franklin square. the board
continued this matter to the next
meeting. Before this vote was rec
orded. Alderman J. Gustav Johnson
withdrew an application previously
made which would have changed
the zone. but not altered it. to pro-
hibit lunchcarts. The proposal now
made would have this effect, chang
ing the district as it does from an
industrial to business area.
When the application of Gennaro
Talmieri for an extension of bus
mess on his East street property was
read, Clerk Thomas Under notified
the board that Judge r. y. Hunger
ford. representing Palmieri, has
signified his intention of withdraw
ing. but has not done so in writing.
Some members of the board favored
denying the petition. which has been
continued several times. but Mr.
Atwood. meanwhile criticizins the
attorney for not taking the promised
action. moved that it be referred to
the clerk
Later in the evening. Mr.. Palimier ri
came to the meeting and discussed
the proposal with the commisI on
ers. after which he agreed to with
draw.
Novck in Quandary
Nathan Noveck. owner of a build
ing at North street and Hartford
avenue. asked permission 10 alte,
three five-room apartments to make
three-room and two-room housing
UNITS. and 10 cut three six-room ten.
ements in half.
Through Attorney Leo Y. Gaffne,
he explained that the character OF
the neighborhood makes it limos.
slble TO rent large tenements anG
that no detriment TO property values
would be occasioned if he is per.
united 10 proceed
Judge Cooper reminded the boa re
mat no two-room apartments a re- al
lowed excepting in strictly tireproo'
structures. Novecks building is no.
in this class.
After a consultation. propose
VAS made by Architect Max nkel.
bach that only the six-room apa ri
lhrn's be cut up. but it vas Their
found that this scheme would result
IN having more tenements than III.
acreage of the lost permits. Mr.. In.
kclbarh next suggested that il h.
considered as an extension of a non,
conforming use, but the board de.
cllnea to regard it in this light. Il,
agree mept he nropouitio,, u-,e Ia i,