Zoning Commission v. New Canaan Building Co‪.‬

This is an appeal from a judgment enjoining
the erection of an apartment house on premises
in New Canaan owned by the defendants Lester B.
Gale and Mary R. Gale and contracted to be sold
by them to the named defendant, hereinafter referred
to as the corporation. With such corrections as are
warranted, the facts found are as follows: On June
30, 1941, zoning regulations were adopted in the
town of New Canaan establishing an apartment house
zone. The Gale property was located in this zone.
In May, 1956, the defendant J. Elliott Smith,
principal party in interest in the corporation and
acting for it, negotiated for the purchase of the
Gale property. He was then building an apartment
house nearby, having started it the previous year.
On May 18, he commenced negotiations with the
federal housing administration for mortgage
financing on an apartment building to be
constructed on the Gale property. On July 6,
a contract for the sale of the property to the
corporation was entered into, and a payment of
$3550 was made on the purchase price. On July 12,
a surveying organization began a survey of the
property. Smith sent an application to the federal
housing administration on July 16 for mortgage
financing, together with a filing fee of $396. On
August 10, the corporation applied for a foundation
permit, which was issued on August 30. Stakes were
driven on September 5 for the location of the
foundation of the south wing of the building. The
corporation applied on September 7 for a building
permit, and one was issued on September 10 on
payment of a filing and zoning fee of $242. On September 6 and 13, 1956, the New Canaan
zoning commission caused notice to be published
of a public hearing to be held on September 20 to
consider a petition, filed by a group of neighboring
[146 Conn. 172]