Board of Appeal

City of Malden Massachusetts Board of Appeal 215 Pleasant Street Malden, Massachusetts 02148 Telephone 781-397-7100 The Malden Board of Appeal held a public hearing Wednesday, September 21, 2022 at 6:30 pm Eastern Time (US and Canada) at Malden City Hall, 215 Pleasant St., Room #106 Herbert L Jackson Council Chambers, Malden, MA This meeting was recorded by Urban Media Arts formerly known as MATV Role Call: Cramer, Sullivan, King, Bilgen, Chu, Khodaverdian Absent: Adam Sherwin Due to the absence of Member Sherwin, Alternate Member Khodaverdian will become a voting member. Approval of minutes from July 20, 2022 Motion by King 2nd by Sullivan to Approve Vote: Sullivan – Yes, King – Yes, Bilgen – Yes, Khodaverdian – Yes, Cramer - Yes All in favor minutes from July 20, 2022 are approved Petition 22-008 by Ryan Marie Ketterer and Brian Ketterer for a variance of - Title 12, Chapter 12, Code of the City of Malden as amended through February 1, 2022 –12.16.010 Table of Intensity Regulations – Specifically Setback/Side as per Plans RES-046879-2022 at the property known as and numbered 270 Bainbridge Street, Malden, MA and also known by City Assessor’s Parcel ID #092-710-006 All statutory requirements have been met. This petition is properly before the board being represented by Ryan Ketterer. Petitioner would like to install a rear deck and replace the existing side entrance landing. This deck would make a safer egress from the home. The walkways would be 4 ft. and the deck would cover the uneven terrain while preserving the present green space. The deck will be open underneath being placed over the present pipes on the back of the home and allowing access to the windows on the lower level. Petitioner’s property is located in an area with uneven terrain. The addition of the proposed deck would not increase the non-conformity of the present set back. Open to Public; Ward 5 Councilor Barbara Murphy appeared in support and asked the board to vote in favor of this petition. the topography is unique with limited use due to treacherous terrain. No one spoke in opposition. Motion by Bilgen to approve this petition with a land hardship, Unique nature of the backyard and the main level high up was second by Khodaverdian. Vote: Sullivan – Yes, King – Yes, Bilgen – Yes, Khodaverdian – Yes, Cramer - Yes All in Favor Petition 22-008 is granted Petition 22-009 by Patrick P McDonald, Esq on behalf of PSI Atlantic Malden, LLC for a variance of - Title 4.16.090 (B) Code of the City of Malden as amended through February 1, 2022 - Regulation of Signs by District – Specifically: Size and number of signs in the Industrial I Zoning District as per Plans SGER-043578-2022 at the property known as and numbered 950-970 Eastern Ave. Malden, MA and also known by City Assessor’s Parcel ID #126-485-501 All statutory requirements have been met. This petition is properly before the board being represented by Atty Patrick MacDonald of 479 Eastern Ave Large public storage facility abutting bike path. petitioner is seeking variance on 3 signs: 2 wall signs and 1 blade sign Current ordinance allows for 2 wall signs at a max size of 40 sq ft. sign 1 is 170 sq ft sign 2 is 57 sq ft. Bike path sign – a wall sign is allowed at a max of 20 sq ft. petitioner is seeking a blade sign of 39.8 sq ft The locations of the signs are acceptable. These signs are illuminated and will not be lighted all night. Sign are usually are illuminated 1 hour before opening and 1 hours after closing. No one spoke in favor or opposition of this petition. Motion by King to allow variance as outlined in plans was 2nd by Sullivan Vote: Sullivan – Yes, King – Yes, Bilgen – Yes, Khodaverdian – Yes, Cramer - Yes All in Favor Petition 20-009 is granted Petition 22-007 by Patrick P McDonald, Esq on behalf of S A & M Enterprises, LLC for a variance of - Title 12, Chapter 12, Code of the City of Malden as amended through February 1, 2022 –12.16.010 Table of Intensity Regulations – Specifically: Area, Setback/Rear as per Plans CMID-046598-2022 at the property known as and numbered 385 Medford Street, Malden, MA and also known by City Assessor’s Parcel ID #040-180-001 All statutory requirements have been met. This petition is properly before the board being represented by Atty. Patrick MacDonald of 479 Eastern Ave. 385 Medford St is a vacant building with fire damage. Lot size 9495 sq ft The abutting property is a filling station and auto repair. The owner of the adjacent property located at 100 Highland Avenue would like to construct an inspection and oil change service at the a property. This would require 2 variances. Lot size is 9495 sq ft: 10,000 sq ft is required. The proposed building has only 6 ft rear setback and a 20 ft setback is required. Plans show adequate parking with travel lanes. Cars would enter from Medford St and exit onto West St. Petitioner claims hardship due to odd shape lot and in order to keep the best placement, they cannot make the setback. A fence will be installed along the residence in the rear to appease the direct abutter located at 248-250 West St. The present building has been ordered to be demolished by the Building Commissioner. Open to Public Council Paul Condon spoke in favor of the petition and feels it’s a big win for the neighborhood to have the present building demolished. The direct abutters Robert and Debra Skinner are in favor of the project provided a fence be installed along their property . Several other community members spoke in favor of this petition. Several community members spoke in opposition of this petition feeling the traffic will be problematic on West Street. Motion by King to Deny this petition – it does not conform to building ordinances and derogation. Motion was 2nd by Sullivan to allow the vote Vote TO DENY: Sullivan – yes, King – Yes, Bilgen – No, Khodaverdian – no, Cramer – No 2 yes to deny 3 no to deny – Motion does not pass Adjourn king 2nd Sullivan 9:03 pm Next meeting 10/19/2022 https://www.youtube.com/watch?v=nQ6983nWnII