Tables turned against Lynn homeowner

LYNN - Questionable improvements made to a Lynn woman's Baltimore Street home were the subject of a visit by the Inspectional Services Department Thursday.

Four ISD inspectors checked out Ariana Murrell's home and garage in the presence of Murrell's attorney Joseph Finn and city attorney Vincent Phelan as part of an effort to gain compliance for work done without proper permits.

The issue stems from an incident in June, when Murrell filed three charges against ISD inspectors Andrew Young and Robert Borges for trespassing, breaking and entering, and defacement of property over allegations that Borges unlawfully entered her home unannounced and Young banged on her garage door to deliver a cease and desist order for Murrell's work to the garage.

The city filed its own set of complaints against Murrell, including exceeding the scope of permit, a structure exceeding 15 feet, a lack of space below the first floor for occupancy, unlawful continuance of stop work order, and illegally removing stop work order permits.

The city, Murrell, and her attorney worked out a compromise outside of court in September to inspect the premise to see if work had been done correctly, and Murrell has since dismissed all charges against the inspectors.

Thursday's inspection, however, took a different turn than Phelan and the inspectors anticipated when exposed wiring and other safety hazards were discovered.

"Nothing in the garage is up to code and there are too many violations to cite," he said. "There is an imminent risk of safety to others."

Phelan said a cease and desist was ordered for a living space in the basement of Murrell's home, as well as a second cease and desist for work in the garage, and an immediate shut off of power in the garage.

Phelan said Murrell would need to obtain a variance from the Zoning Board of Appeals for use, occupancy and another variance for code conditions.

"She doesn't have any electrical permits and it's obvious the work was not done by an electrician," he said. "There is a loft living space in the garage with a shower and electrical wires sticking out, and we might need to have her remove all of the drywall to take a closer look at what's underneath."

Phelan also noted four electrical meters at the home, and four mailboxes with five to seven names written on each.

Murrell's arraignment and meeting with a clerk magistrate at Lynn District Court have been continued along with three $50 fines.

Murrell's attorney Joseph Finn said his client is working with the city to rectify the issues.

"It is our plan, and we assume and hope that it will be resolved in the mutual benefit of the whole party," he said. "That is our goal and is our client's goal."

Phelan said Finn told him that he would contact him as to when ISD can return to re-inspect Murrell's home.

"The cease and desist orders will be hand delivered sometime next week, but the verbal orders were already given," he said.

July 2009

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