Fiorilla v. Zoning Board of Appeals

The issue on this appeal is whether the court was
correct in refusing to invalidate the action of the
defendant zoning board of appeals in granting to the
defendant Boots Aircraft Nut Corporation a variance
permitting an extension of a nonconforming use in
a residential zone. The facts are these: The premises in question
lie in a residence AA zone. They are located just
south of the Merritt Parkway near the easterly
town line of Norwalk. Access to the irregularly
shaped land is by a narrow entrance from a public
highway. Upon the premises stands a stone building
in which light industry has been carried on as a
nonconforming use since 1929, the year when the
Norwalk zoning ordinance was first enacted. In
1945, the board granted a variance authorizing an
extension of the nonconforming use by the then
operator of the plant. As a result, an addition
constructed of cement blocks was erected. In 1948,
the premises were sold to another company, and in
1951 Boots Aircraft Nut Corporation, herein to be
called Boots, entered into an agreement with that
company to buy the property, provided permission
to increase the size of the stone and cement-block
building could be obtained. Although an
application for a variance to attain that
objective was denied, Boots bought the property.
It also purchased another parcel of land, with a
building thereon: in South Norwalk, believing that
the two plants could be satisfactorily operated together.
This decision proved to be unwise because of the
expense and inconvenience in transporting personnel
[144 Conn. 278]