Family files lawsuit vs. Lynn Board of Appeals

LYNN – Denial of a variance to construct a third story onto a single family home at 506 Western Ave. has sparked a lawsuit against the Board of Appeals.Attorney Bill N. Jacob filed the court litigation on behalf of Kimberly T. Lim, in Salem Superior Court against the Lynn Board of Appeals, contending they “exceeded their authority” in denying her petition to build a third story on an existing non-conforming structure.He is seeking to have a judge of the court annul the board?s decision and grant any relief that is just and proper.Lim and her husband Peter went before the Board of Appeals to seek the variance in November.During the hearing, it was pointed out that the builder completed work without building permits. The builder explained that he was concerned about getting the house “weathered” since the petitioner has suffered major water damage, the court documents state.The Lims assured the board members that they only wanted additional bedrooms and bathrooms for their large family which includes seven children and both of their elderly parents.Several neighbors appeared, expressing their concerns over the project, saying it was too big and looked like a multiple unit project.In a 3-2 decision to deny on Nov. 1, board members stated that the original design request was not followed, the building permit process not followed and the work exceeded what the building permit allowed.The denial further stated that the building project was too large and dense for the area, there was a lack of authority overseeing project and there was insufficient parking, according to the documents filed with the complaint.