Zoning Board Allows Ferris Road Shed to Remain, Defers Home‑business Permit to City Council

The Lynn Zoning Board of Appeals on May 20 granted a dimensional variance to allow a shed to remain within six feet of a house at 7 Ferris Road, but the board left any question about permitting a nonresident employee to work at the property to the City Council.

The petition was filed by Marta Lopez on behalf of AMC Quality Builders Inc., with the case recorded as CBA case 10107. Attorney Samuel A. Vitale presented the petition and the property owner’s case. Vitale told the board that the site’s steep topography and the addition of roofed decks between 2018 and 2019 made the accessory shed part of the structure’s effective envelope, producing a dimensional violation under the zoning ordinance. He said Building Inspector Tim Oliver told the owners their practical options were to remove the roofs, move the shed, or obtain a variance and then regularize the construction with permits and payment of fines.

Vitale also said the owners intend to meet most conditions for a permitted home occupation but cannot make the employee (the petitioner’s granddaughter, Maria Lopez) a household member because she does not live at the property. Under the city’s ordinance, Vitale told the board, an employee who is not a household member requires a special permit from the City Council.

Board members questioned whether the roof overhangs the shed and asked to see photographs and plans. The petitioner confirmed the shed is typically locked and said the owners would accept limitations on storage in the accessory structure (for example, allowing only household items such as a lawn mower and prohibiting building materials).

After discussion the board member moved to grant the variance limited to the shed and roofed-deck dimensional issues; the motion explicitly left the business-operation permitting (any special permit for a nonresident employee) to the City Council. The motion was seconded and approved by roll call (Member Christopher — yes; Member Maggio — yes; Member Olsen — yes; Member Krowitz — yes; Member Lopez Hernandez — yes).

The board noted that, even with the variance, the owners must obtain a building permit for the roof decks, pay any fines for unpermitted construction, and secure whatever additional permits the Inspectional Services Department requires. The board’s approval did not grant a City Council special permit for a nonhousehold employee; Vitale and the board agreed that if the granddaughter continues to report for work at the property the owner would need to seek the Council’s action on a home-occupation special permit.