Board of Appeal

City of Malden Massachusetts Board of Appeal 215 Pleasant Street Malden, Massachusetts 02148 Telephone 781-397-7100 Minutes November 16, 2022 The Malden Board of Appeal held a public hearing Wednesday, November 16, 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, Sherwin, Bilgen, Chu, Khodaverdian Absent: King Due to the absence of Member King, Alternate Member Khodaverdian will become a voting member on Petition 22-007 and Alternate Member Chu will become a voting member of Petition 22-010 Motion was made by Sullivan seconded by Sherwin to approve the minutes of from October 19, 2022 Sullivan – Yes, Bilgen – Yes, Cramer – Yes, Sherwin – Yes : All in favor Minutes of September 21, 2022 are approved. Petition 22-007 was tabled from October 19, 2022 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 Petition 22-007 is being represented by Attorney Patrick McDonald of 479 Eastern Ave., Malden Petition 22-007 was tabled from October 19, 2022 to allow a redesign of the building. Plans were submitted to the Board as requested. Changes to the building design included elimination of the drive thru. Due to this redesign, the rear set back is 20 ft and meets the setback requirements. Relief is needed for the Lot size which is 9,500 sq ft and 10,000 sq ft is required. A relief of 500 sq ft required. Open to opposition : residents of 80 Oakland St. concerned about the traffic and pedestrian safety on West Street but do agree that the present building must be torn down. No one spoke in favor at this meeting, however the Ward Councilor was present and voiced his approval of the project during the meeting of 10-19-22. Motion by Bilgen to approve this variance with the condition of allowing 2 curb cuts one on Medford Street and one on West Street was second by Khodaverdian. Vote: Sherwin – Yes, Sullivan – Yes, Bilgen – Yes, Khodaverdian – Yes, Cramer – Yes: All in Favor Petition 22-007 is GRANTED Petition 22-010 by Scott Fitzpatrick on behalf of 204 Main Street LLC for a variance of - Title 12, Code of the City of Malden as amended through October 1, 2022 –12.16.010 Table of Intensity Regulations – Dwelling Multi Family up to 3 Stories inclusive - Specifically: Coverage – Principal Building and Density (SF/DU) as per Plans CMID-045711-2022 at the property known as and numbered 204 Main Street, Malden, MA and also known by City Assessor’s Parcel ID #064-309-925 Petition 22-010 is being represented by Atty Thomas Callaghan along with Owner Tsitos, Contractor Fitzpatrick and Engineer Faldo. All statutory requirements have been met, this petition is properly before the Board. 204 Main Street formerly Burns Funeral Home seeking relief on Building Coverage and Density (SF/DU). If this variance is granted, It will have to go before the Planning Board for approval. The Historical Commission has determined that the existing building is not of historical significance. Building Commissioner Miller addressed the Board regarding the inclusionary zoning. 18 units are allowed with 2 additional units allocated for affordable housing. The petitioner is asking for 33 units – 4 will be affordable housing all units will be one bedroom. This would require a variance for 11 units which require 1500 sq ft/unit. A Variance will also be needed for Building Coverage 30% is allowed, the petitioner is seeking 35% Building Coverage. The petitioner had a neighborhood meeting and as requested, will be adding 3 guest parking spaces and enclosing the parking under the building. Members of the board questioned whether if built according to zoning, can 18 units have more than 1 bedroom. Why 1 bedroom and not 2 or 3 bedrooms per unit? Can the building be shrunk by 5%? This petition would still need approval from the Planning Board for a special permit which will require a traffic study along with pedestrian improvements. No one spoke or appeared in opposition. Letters of support were sent to the board and read at the meeting from Mayor Christenson, Councilor Spadafora and Councilor Crowe. Member Bilgen requested the variances to be voted separately. Density: motion by Bilgen second by Chu to approve the density only – 11 units over Sullivan – Yes, Sherwin – No, Bilgen – Yes, Chu – Yes, Cramer – Yes 4 in Favor with Sherwin voting in opposition Motion by Bilgen to oppose Lot Coverage 2nd by Sherwin Sullivan – No, Sherwin – Yes, Bilgen – Yes, Chu – no, Cramer – No 2 to oppose 3 not to oppose: motion does not carry Bilgen: no hardship with size of units Motion by Sherwin to table 2nd by Bilgen for a redesign of building, drawings to be submitted to the board 10 days prior to the next meeting presently scheduled for 12-21-22 and written submission waiving the time limit. Sullivan – Yes, Sherwin – Yes, Bilgen – Yes, Chu – Yes, Cramer – Yes all in Favor Petition 22-010 is TABLED until 12-21-22 Motion by Chu 2nd by Sullivan to adjourn All in Favor Next meeting: 12-21-22