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ZBA reaffirms earlier decision for 321 Essex St.; residential unit reestablished for occupancy
Summary
The board reinstated an earlier finding that allowed a residential unit in a mixed-use building at 321 Essex Street, enabling the owner to pursue permits after prior contractor work lacked permits; the vote was unanimous among members present.
The Lynn Zoning Board of Appeals on April 15 reestablished a prior decision allowing a residential unit on the first floor of a mixed-use building at 321 Essex Street, clearing a procedural hurdle that had prevented inspectional services from issuing an occupancy permit.
Attorney Sam Vitale said the prior board decision had been recorded but the owner’s contractor had not filed for the necessary permits when the work was done; a new contractor is now seeking to obtain permits and inspectional services requires the recorded decision to be in effect. "She went down and said, OK, I want to get ... smoke" detectors and permits, and the board was asked to revive the earlier finding, Vitale said.
A member of the public, Calvin Anderson, spoke in favor, saying he supports the reinstatement and that the change will not affect the neighborhood. No one spoke in opposition. The board voted to grant the petition to reestablish the prior finding; members voting in favor included Member Olsen, Member Maggio, Member Olson, Member Lopez Hernandez and Member Christopher.
The action allows the petitioner to proceed with the contractor’s permit application and required building and fire inspections; inspectional services remains responsible for final code compliance and issuing occupancy.
