New Britain herald., 1930-03-07
COMMISSION BACKS
 BUILDING OFFICIAL
lJpholdS Rutherford in Dispute
 Over BeIVidere Store

Several hours of gumentation' the services of pair Of attorneys and conferences at which disagree ments became so warm that threats of violence were made, nave lalleu to change the order of Building h. spector A. N. Rutherford that work on the Stanley street property ot the First National Stores shall proceed wherever it conforms with the re- quirements of the law.
 The Kolodney brothers-Samuel and Abe-sought to have the in- spector change his order and require all work to cease. Tho effect or such an order would be to make 1t impossible for the contractor, Louis kaplan. to complete work on the north store in time to receive the business now housed in kolodnoNs' building under a lease which expires April i.
 Sideyards Not Large Enough NJ Several weeks ago, the board of adjustment refused to allow con- struction of store on the premises, a, few hundred feet south Of the store now occupied by the company, excepting in strict compliance with the zoning act which provides side wards of five feet. The plan was amended to make this allowance and a permit issued. X few days ago Inspector Rutherford inquired into q report that proper sideyards were not provided and he found this to be a fact. All work was stopped at his order, then a modification was made to permit work to proceed on the north store, where proper side yards are allowed. Work on the south side was held up pending re- moval of the wall. Willingness on the part of the company to remove the wall was expressed in letter tc the building inspector.
 Kolodneys Criticize Rutherford
 When the kolodneys failed to con vince Rutherford that he should stand by the original order and al, low no work to be done in view oi the violation. they carried their case to Mayor Paonessa. Twice yester- day, the principals met in wordy ar suments. Claims of "whitewashing' and incompetency were directed a the building inspector and court ac' tion threatened. When 1t was aX' plained that the original profiles hat been moved, accounting for tho builders act in going over the pro per line, an insinuation was mad' that unnamed persons might be II a position to furnish information a to who moved the nail. This brough indignant response from one of th' brothers and demand for proof which Attorney Cyril F. Gaffney in dicated would be given in due time
 Commission Upholds Rutherford
 Mayor Paonessa took the stanC that the question was one for de termination by the building commis sion. This being the case, the boar' convened last night and the argu ments of the day conferences wer gone over again.
 kaplan made a plea that Carryin out the order of the building dc partment would mean financial rulI and offered to purchase the neces sary land to provide sideyards fror the Kolodneys who own property a either side of the building in ques ton. Although twice the assessc value of the land needed was of fered, no deal could be made.
 It was brought out in the hcarin that kaplan had received stee beams for the job and found thcr too small to span the walls, whicl it was argued, should have brough home to him the fact that the build ing was wider than planned.
 After the interested parties ha been heard in person and throug their attorneys, the commission dc cided to back Inspector Rutherfor in his order, issued after he ha legal advice.
 Attorney Gaffncy has indicate