New Britain Herald Newspaper, December 9, 1926, Page 4

4 ADJUSTMENT BOARD POWER APPROVED (Continytd from First Page) zoning ordinance limit the powers of the board of adjustment to make special exceptions in specific in- stances to the character of the cases described in said sub-paragraphs; or, has the board of adjustment power to grant special exceptions in c not described in these sub-par: graphs when such exceptions are, in the opinion of the board, in har- 1 ordinance and subje that the special excep- with due consideration public health, safety nd property value intent of the 10 the rule mplifying the above, is it utengon that the board of adjust- ment may make special exception to terms of the ordinance only in event that ‘owing to special conditions a literal enforcement of the ordinance will result in unneces- vy hardship?’ What is the meaning the phrase ‘wnnecessary hard- ship?’ Can it be said to apply to an applicant who is not yet the owner of the property in relation to which application for special exception is made? It is compulsory for the bhoard of adjustment to make a find- ing of facts of speclal conditions of hardship before “Yours truly, WILLIAM E, ATTWOOD “Chairman.” Judge Kirkham's Opinion Kirkham's reply follows ntlemen:— “Answering your letter 9, 1826, T would hat the ing”is my Interpretation of of Novem- it can | NEW.BRITAIN DAILY HERALD, THURSDAY, DECEMBER 9, 1926, consideration of the character of each district and {ts peculiar sult- with general or specific rules con- tained In the zoning ordinance. In conformity to this power, the com- [ability for particular purposes and | mon council in the zoning ordinance, | to conserve the vitue of bulidings | section 13 g, provided that the board |and encourage and sccure the most |of adjustment may in . appropriate |appropriate and* dJesirable use of specific cases and under conditions | land throughout the eity. No exeep- |and safeguards herein recited or |tion which does not conform to_the |otherwlse apropriate, make special {above purposes ean be legally giint- { exceptions to the erms of this or-|ed by your hoard. dinance In harmony with its genc “Scction 13, however, is capable of | purpose and intent, subject alw a different interpretation which is the rule that any exception shall be [arrived at by construing the word e with du eration to con- | “herein” in the sccond line of sec- s the health, safety, |tion 13 and sub-section & including sub-para- graphs 1, 2 and % and in construing the wprd “herein” In g 2 to refer to the entira sub-section g. As to the latter “herein” unless it is so con- trued, there is nothing to which the word can apply. that it refers tained in ti “We have then which might he court in cither of the two way above indicated. A court’s construc tion would be law, whereas my con- struetion is simply an opinion. Tt s eagible and desirable that the zon- ing ordinance ha amended 8o as to make the meaning of section 13 & perfectly clear. As a matter of fac this section paragraph g was con- structed en the installment plan. sub-paragraphs 1, 2 and 8 of g wr inserted, as I remember it, at the minute and ft is doubtful ther they amount to anything more than ter provisions, except that “herein” in sub-paragraph 2 was intended to refer to the entire (g). “If T am correct. however, fn my opinions hereinafter expressed i this letter, it will make no pract difference to your board as to which onstruction is rigat. 1 do not believe the existence of unnecessary hard- ship is a jurisdictional fact. In other words, vour board would not ain powers of 1, and 3 It is appar- power w is directly given | which sub-paragraphs are almost exact copics therofore that the board of sub-pa all limitations con- tire sub-section g. in the case of unnece is conferred directly by the ture ddit the power to yecial tions, with due consid serving puble health, above, which was acted pursuant to powers conferred upon the com. mon couneil in section 31 ul‘:hf‘ New Britain zoning enabling 5 | “In the light of the above, your first two questions should be answ ed to theg effeect at the unneces- sary dship provision is a distinet 53 of powers in ition to excep- tions which m be made subject to consideration for y health, In both the provisions which carries out section nd the pro- vision which carries out ction 35 of the New Britain zoning act, the axception t be in accordance with the g al purpose or spirit of | n ordinance construed by a s ship legisla- onal to exeep- ion to con- mentioned and is distinet and re mt the ordinance. ‘In “oth form to sect New DBrit The purport as referring to the entire | | The presumption is |dinance. Any hardship is unnecessary repetition of the char- | {under g, the first part of the same. | So that whether the board considers [the application under sub-para- ]grnphs £ 1, 2 and 3 or unedr g itse makes no difference, as “hardship" and “property values' ‘are the same subject matter. “You have asked for the meaning of the phrase ‘“unneceasary hard- ship.!” It is true that the zoning ordinance is bound to create a cer- |tain amount of hardship in that it | restricts persons from - using thelr roperty as they would llke to use in many instances and in this way lalso the market value of the proper- |ty 1is affected. Nevertheless, this hh:\rllshlp is necessary and s counter- balanced by the protection which the same property owners receive from the operation of the zoning or- |when it is an exceptional Instance |and when an exception to overcome the hardship would not injure any of the purposes which the act was | designed to secure. The state wide | |enabling act uses the words ‘unrca- |sonable hardship.’ I think the word | 'unnecessary’ includes ‘unreasonable- | ness,! It would seem’ that the en-! | forcement of an unreasonable or un- | necessary hardship would be uncon- stitutional. When the act itself con- ains the proper machinery for ren- |dering the act constitutional in its enforcement, the act itselt is saved | from belng ynconstitutional and 1| |think that to accomplish this result | | was the main purpose of giving the |authorities the right to make excep- tions, thua providing a remedy for any abuse of the police powers of the state as affecting rights of prop- | erty, g | “In regard to whether the phrase “unnecessary hardship” applies to an applicant not yet the owner of !the property in relation to which {application for speclal exception is made, 1 should say that it did not. |His interest is prospective merely. |If. however, he has leased the | | |the local chapter uf the Woodmen of Ik | sandberg. agreed to sell hia property to the applicant for a reduced price on account of the zoning regulations. Fither the owner of the property or the lessce or purchaser there- of, or the holder of an option on the property, or both, would be the proper party to apply for the ex- ception, It may be that such per- song are subjected to an unneces- sary hardship by reason of the property being zoned in a particu- lar district, so that the market value of the property is so unrea- sonably or unnecessarily depreci- ated by enactment of the zoning ordinance as to constitute an ex- ceptional case. “As to whether it is compulsory for the board of adjustment to make a fipding of facts of unneces- sary hardship before it can act, my answer would be in the negative. No findings of facts whatever ap- pears to be necessary. I should recommend, however, that in lay- ing down rules for procedure, the board of adjustment consider the merits of making a finding of facts upon which any special exception is based. “Respectfully submitted, “J. H. Kirkham, “Corporation Counsel.” ;lng ordinance and in accordance |of which are to be with reasonable [of property values ls provided foed by the former owner who had BEATH T"LL WILL ! 1 OF WORLD ELECT Tection of officers of WOODMEN The annual the World resulted in tha following heing chosen: Jouncll Commander, James O'Leary; # visory lieutenant, Harold Swift; banker, John J. Heck- man; clerk, Willim Bonkosky; cort,’ John Nolan; watchman, John Swanson: sentry, John Gecack; phy- cian, Dr. O'Conneil; auditor, Albert London now has 100,000 women in weiness, cight times as many as 25 TS REY. bu yea ' e ordered to rush rescue equipment to the scene, The mine had been operating un- der a recefverrhip for some time, employing 300 miners. The mine is ocated in southwest- ern Indiana. PROBABLY BE 20 This Is Estimate in Indiana Coal Ming Tragedy Princeton, Ind., Dec. 9 (#—Rescue crews this afternoon predicted that the dead in the explosion in Fran- cisco mine No. 2 might ‘total 20. They based their sonclusion on the fact that only one.half“of the 69 men who were in the shaft when the explosion 4 occurred, have been brought to' the surface. SUNSHINE SOCIETY NOTES The Sunshine society thanks all | who so generously gave their time, | money and contributions to help our Thanksgiving work. Many homes | were made happy and cheerful | thereby. The usual ChriStmas tree and en- | tertainment will he given at the | Town Home on December 18. Time of leaving cepter will be announced | later. ¥ | Twenty-one calls wers made and | flowers were sent to the sick and| shut-ins. | Hospital su: consist of 3| pairs of crutches, 3 air cushions and | 1 back-rest. There are also on| hand 1 layette and 11 wheel-chairs. | The next meeting will be held on | December 30. Princeton, Ind., Dec. 9 (A—Fleven men are known to have been killed today in an explosion in the Fran- cisco mino No. 2, located six miles cast of Princeton. Tao bodles were brought to the surface before noon. Neither was identified. Between 60 and §8 miners were entombed for-a time, but later emerged from the manway so rap. idly that all count of them was lost. It had not been definitely ascer- tained three hours after the explo- gion whether there 1s any loss of lite, but the men who emerged safe- ly expressed the opinfon that several of their fellows had been killed. The cause of he accident had not been determined. The miners said that the shaft was known to he “gassy” and that every precaution had been taken. Every avallable physiclan and nurse was rushed from Princeton to the scene of the explosion. Jack Oglilvie, director of mine rescue work in the Knox county coal flelds, was; AUTO HITS BIKE RIDER Thomas Abueewicz, aged 14, of 108 Franklin street, suffered an in- jury to his right knee about 5 ’0‘ last evening when he was struck and | knocked from his bicycle on Church street, near the intersection of Cor- |y bin Place, by an automobile owned by Floyd Chapman of 4 Elm street | Church ‘street. He {s being treated ¢ the Injury ia not considered serious. | Aceording to Atwater, the had no light on his bicycle and he |t dld not see him until the oceurred. Both wers Willlam Robinson of 91 Sexton street, witnessed dent. the acel- [ will meet Friday evening | Christn ain General hospital today land ;11\510n. fs 0. U. A. M. hall. and driven hy Harold Atwater of 463 |organ going east. |stata fish City Items. - Hot Waffles, advt, Bt. Mary’s Ladies 'T. A. and B. society will hold a meeting in the school hall tonight at 8 o'clock. A social hour will follow, Tasty Sandwiches at Packard Drug —advt, Mrs. Leon Katz and son, Myron, of 27 Carlson street, will leave De- cember 12 to spend the winter in Los Angeles, Cal. Toasted Sandwiches at Crowell's. —advt. Unity Rebekah lodge, 1. O. 0. F., in Odd Ilellows’ hall. A second nomination of officers will take place and a so- clal for members and frlends will be held in the afternoon. Benefit Whist, Polish Orphanage Tree fund.” K. of C. home ¢, in Crowell's.—~ tonight.—advt. A daughter was born‘at New Brit- to Mr, New- Mrs. Charles Cotton of portsmen May Pfiblish Monthly Magazine Here he New Britain Fish and Game ciation will hold a meeting te- morrow evening at $ o'clock at Jr. A discussion of a publication for the local zation will take place and here will be a debate on an im- monthl; at New Britain General hospital and | portant change in the by-laws. Tomorrow afternoon theé local or- boy (sanization wi'l send a few members 0 a hearing to be held at the cap- M‘(‘Mr‘n(i(tul in Hartford on changes in the and game laws. .Jack Franklin | Miner of Ontario will &how moving Square and Joseph Rezawicz of 83 |pictures and talk en censervation. }READ HERALD CLASSIFIED ADS section 13 of the zoning ordinance: | \ha yoning or pose of pr morals, & happiness labitants of the city of N and desi in the street tire, panic grovide prevent ave avoid lation; facilitate provision of transportation, water, sewage, schools and s, or to pro- mote other public requirements; all fed in refusing to hear an {premises, or has acquired an op- ion for a special exception tion of purchase, or has obtained ground that there is no un- (a contract from the owner of the sary hardship being suffered |property to sell him the premises, "by the appilcant, but it is clear that |it would then seem that he was'in in deciding the application that the the same position as the owner of board should take inte account and [the property, sq that the effects of consider whether a literal enforce- a striet enforcement of the zoning ment of the provisione of the ordi- jordinance upon his property rights I nance would result in unnecessary should be taken into consideration. hardship and t they should give| -“In determining whether or not due consideration also to conserving [to grant sald applicant an excep- | property The consideration (tion, it weuld be proper for the | of unnecessary hardship is provided (board to take into account whether for under g 3, and the consideration the hardship had not been absorb- acts of the state of gave Nev tl special t, 192 law In the New D A1 (spe comfort, | on the £ il bt 0 ssening congestion e safety from other dangers; to dequate light and air: to r-crowding of land; to ndue concentration of popu- the adequate for the e nece: Britain zoning ial acts of 192 ided that the ¢ give the hoard appropriate cases ppropriate condi- tha authority special exceptions to terms of the zoning ordinance in harmony with the general purpose of the zon- a to l¢ 1 t in tions to 100,000 Shares Associated Gas and Electric Company (A New York Corporation) $6.50 Dividend Series Preferred Stock Cumulative—No Par Value All Preferred Stocks are of equal rank, and are preferred over Class A, Class B and Common Stocks as to assets and dii - dends. Cumulative dividends on $6.50 Dividend Series are prrable quarterly on the first days of March, June, September and December. Redegmable in whole or in part v any dividend date, on 30 days’ notice, at $105 per share and accrued dividends. Entitled, in case of lig:idation or dissolution, to a payment of $100 per share and accrued dividends before any distribut cn is made to the Class A, Class B and Common Stocks. Tionctes Registrars THE CHEMICAL NATIONAL BANK OF NEW YORK SEABOARD NATIONAL BANK OF THE CITY OF NEW YORK . Mr.J. 1. Mange, President of the Company, has swmmarized his letter to the Bankers, as follows: APITALIZATION issue of Preferre 000,000 of other in Stock but hefore the retirement of $1.464,000 67:% btedness and securities (including Preferred Stocks of As of September 30, 1926, givi ."F\:}r(‘d Gold Bonds which have been called subsidiary and afliliated companies), is as follows FUNDED DEBT: Secured Gold Bonds, 6 Series due 1955. . Secured Gold Borls, 61§ % Series due 1954....... Unsecured Perpetual Convertible Debentures and Option nd £7 Outstanding $10,232,500* 1,464,000°t 18,454,202° 104,24 boads, $4,939,553% Preferred thereto, of subsidiary and affiliated compani arrants $30,180 702* Stocks and $3 183 Cormmon St CAPITAL STOCK: ke $6 Divi sesis $6.50 Dividend Series (including $7.00 Dividend Series . Class A Stock. . Class B Stock. Commen Stock * Beiore giving effec t Called ior paymen ) h 150,207 sha. 40,173 shs 182,788 shs. 95,775 shs 300,000 sh. 300,000 shs. 1,070,403 shs. this WORN MOTORS TURN YOUNG AGAIN to amounts (0 January 1, 19. BUSINESS AND TERRITORY: Associated Gas and Electric Company, incorporated in 1906 under the laws of New York State, and its affiliated interests own, control or operate public utility properties serving a population estimated to be in excess of 2,000,000. The Associated Gas and Electric System supplies electric light and power, gas, and other public utility services to over 360,000 consumers in more than 1,000 communities located in the States of New York, Pennsylvania, Maryland, Massachu- setts, New Hampshire, Maine, Connecticut, Vermont, Ohio, Kentucky, Tennessee and Indiana and the City of Manila, P. L. The territories include important agricultural and mining regions as well as substantial industrial centers. The wide diversity as to geographical location as well as to the type of industries and char- acter of population served is a stabilizing influence upon the business and earnings of the Company. PROPERTIES: The physical properties of the operating companies in the Associated Gas and Electric Sys- tem include electric generating stations with a present combined installed capacity of 255,068 k.w., of which 46,128 k.w. is hydro-electric; over 2,982 miles of high tension transmission lines, as well as gas plants with a daily manufacturing capacity of 4,535,000 cu. ft., and over 351 miles of gas mains. PURPOSE OF ISSUE: The proceeds from the sale of the 100,000 shares of Preferred Stock will be used to provide in part, for the retirement of the entire $1,464,000 Associated Gas and Electric Company 6%3%, Secured Geld Bonds, due 1954, now outstanding, and over $7,000,000 other indebtness and securities (including preferred stocks of subsidiary and affiliated companies) ranking senior to this Preferred Stock. Is your motor showing signs of age? There’s spirited youth for it in the pumps labeled “Atlantic Ethyl Gasoline.” . . . Renewed energy that carries you back to the days when your car was but a colt with barely a thousand miles behind it. . . . Fresh power and pep such as you never dreamt possible without a thorough motor overhaul! Is your motor badly carboned? Atlantic Ethyl Gasoline not only ends carbon troubles, but it actually delivers a still heftier punch where carbon has increased the compression by reducing the size of the combustion chamber. Does your motor knock badly? Atlantic Ethyl Gasoline com- pletely “knocks the knock” out of your motor and out of your tind . . . you forget there ever was such a thing as a fuel knock. Do you like a frisky, crack-o’-the-whip, eager-to-go motor fuel? Atlantic Fthyl Gasoline will give you the thrill of your lifel Adlantic Ethyl Gasoline is the unbeatable cc mbination of the sensational new Atlantic Gasoline and the famous Ethyl Brand of AntiKnock Compound developed by General Motors Research Laboratories. Three cents more per gallon . . . and three loud cheers when your foot touches the throttle. . At Atlantic pumps and service stations most everywhere, : ATLANTI Ethyl Gasoline The super motor fuel EARNINGS: For the 12 months ended September 30, 1926, the consolidated net earnings of the Company and its subsidiary and affiliated companies, irrespective of the dates of acquisition and after giving effect to this financing, amounted to $6,855,415 before depreciation, equivalent to 2.61 times present preferred . dividend requirements. After deducting depreciation such consolidated net earnings were over twice NOW espeaally such dividend requirements. 3 s adjusted to winter driving With the coming of cold weather the gasoline content of Atlantic Ethyl Gasoline is made more volatile. It vaporizes readily at low temperatures— making it just as remarkable for casy starting as for power and motor smoothness. Consolidated net earnings before depreciation for such period were 1.47 times total annual interest and annual dividend requirements (less credit for interest during construction), of all securities of the Company and its subsidiary and affiliated companies ranking prior to and pari passu with the Preferred Stock, including this issue MANAGEMENT: The properties are under the supervision and management of the J. G. White Manage- ment Corporation. i Stock ters will be passed Charles M. Travis on or about Dee offered when, as hy M of the i i 3 us and subject (o the approval of counsel. romery and Messes, Sullivan & Cromwell for the Bankgrs and q \pected ihat permanent stock certificates will be ready for delivery Price 95!, and Accrued Dividend, to Yield over 6.80 0 Marshall Field, Glore, Ward & Co. Edward B. Smith & Co. “he mat guar Brown Brothers & Co. diice we bellese o be 4 104 rMable