The Malden Board of Appeal on Wednesday approved a variance allowing an addition to the primary dwelling at 41 Fairview Ave after the applicant submitted revised plans that removed the need for a second variance for an accessory structure. The public hearing took place Sept. 17, 2025, at Malden City Hall.

The change came after the petitioner, identified as Mr. Shrezza, presented revised plans submitted Sept. 3 that reduced the size and shifted the accessory garage and proposed rear addition. Board members said the new plan places the accessory structure at a six-foot setback from the property line, eliminating the accessory-structure variance, and keeps the proposed addition in line with the existing nonconforming setback for the primary dwelling.

The revised plan reduces the footprint of the previously proposed rear “family room” and proposes building on top of the existing deck rather than extending farther into the rear yard. The applicant told the board the garage was shifted one foot toward Fairview Avenue to provide a clear six-foot distance from the rear lot line. City staff clarified local setback requirements: the principal structure requires a 20-foot rear-yard setback and the accessory structure requires a six-foot setback under the City of Malden code provisions cited by the board.

Board members discussed procedure after a member recused himself because he had not attended the prior meeting. The board appointed alternate Alex as a voting member for the hearing so all members who had heard the prior discussion could vote. A member of city staff clarified that, because the plan change remedied the accessory-structure setback, the board could treat that particular variance as moot and proceed to vote only on the variance still required for the primary dwelling.

A motion to approve the variance for the addition to the primary dwelling carried with a majority vote. The recorded roll call on the motion to approve showed four votes in favor and one vote opposed. Two regular members were not participating for reasons noted on the record.

The board chair (acting) stated the petition, identified on the record as Petition 25-009, was approved for the addition to the primary dwelling, and the board concluded the hearing. The board indicated the final written decision would be issued to the applicant following the meeting.

Procedural notes: the applicant’s revised plans were entered into the record as the controlling plans for the board’s decision. The board discussed but did not act on the accessory-structure variance because the revised plan removed the need for that variance. No other petitions or public-comment items were before the board at this hearing.