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The Kidwells had complained to Konick and he had found that Saltonstall was not in violation of her permit, which specified a single family dwelling since only one family was using her new building.
“We’re getting into powers here that you don’t want a government official to assume,” Konick said. “If I started going into each house that had two kitchens and saying they were in violation, I would be overstepping my bounds. It’s none of my business whether people have two kitchens or seven bathrooms or five septic tanks or 12 different electrical services if they want to be that foolish. And I don’t care if they have two ovens or a toaster oven or what.”
Attorney for SaltonstaU, Doug Baumgardner, established that the Kidwells themselves have two kitchens. He said the date of the issuance of the building permit and the issuance of the occupancy permit proved that the Kidwells filed their appeal after the time had expired for appeal in both instances. He asked the board to dismiss the appeal for this reason.
“How is a person to know when a building permit is issued?” asked Diane Kidwell. “And how can neighbors know when the occupancy permit is given?”
Kidwell also took issue with Baumgardner and Konick’s statements that, since many people had two kitchens, use should be the deciding factor in determining whether a building is multi-or single-family.
“So you mean that SaltonstaU could build a whole row of townhouses in a field and rant only one and you couldn’t find her in violation?” Diane KidweU asked.
“No, of course we have to use common sense,” said Konick.
The board also heard from Dale Kaldfef, a neighbor of both KidweU and SaltonstaU, that he doubted the new building met setback requirements from his property line and that he felt the board should have some control over the construction of multi-famUy dwellings, whatever their actual use.
Appearing as a witness, but apparently not for either side, was Dorothy Davis, who had been asked by Konick to appear and relate her experience with the multi-family issue.
“Imagine my embarrassment at appearing in public caught in the middle of the KidweU-Saltonstall vendetta,” she began. “But I was asked to appear.”
Davis related a humorous story about her experiences with the zoning requirements. After the death of her husband, she said, she rented out an already existing apartment in her basement to a series of men.
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