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Board tables variance request for front stairs at 35 Hazelwood Street; asks applicant for revised plans
Summary
The Board of Appeals tabled a petition from Jose Urias seeking a front-setback variance for reconstructed stairs at 35 Hazelwood Street, asking the applicant to return with revised plans or to sign a waiver of time.
The Malden Board of Appeals on May 21 tabled a variance request from homeowner Jose Urias to legalize a reconstructed front stair that sits closer to the sidewalk than the original staircase at 35 Hazelwood Street.
Urias told the board he moved the stair location to center the entry and improve interior circulation; the new stair’s closest point to the sidewalk was measured at about 4.3 feet, compared with the prior stair’s closest point at about 5.2 feet. The board discussed possible alternatives — narrowing the stair, modestly regrading the front yard to eliminate a tread, or returning the stair to its original alignment — and encouraged the applicant to work with an architect to produce a revised plan that is no closer to the sidewalk than the original condition.
City staff member Nelson confirmed the board must apply zoning setback rules even when a stair serves as the primary means of egress for a one- or two-family home; the code does not provide an exemption for egress when the revision increases a nonconformity. Board members noted they preferred to explore solutions that would avoid creating a larger setback violation.
The board moved to table petition 25-006 to the June 18 meeting on the condition that the applicant provide revised plans and sign a waiver of time to extend the board’s decision deadline. The motion to table was made by Member Catherine Bilgin and seconded by Member King; the board voted to table the item.
