The Malden Zoning Board of Appeals voted on Nov. 19 to grant petition 25-013, allowing an accessible first-floor addition at 38 Floral Ave while requiring the applicant to submit revised plans removing a rear deck and showing a patio with a ramp.
The petition, filed by Mildred Tortorella Collins and Lawrence Collins III, requested variances from the Code of the City of Malden (Title 12.16.010, Table of intensity regulations) for side-yard setback, rear-yard setback and lot coverage for a single-family dwelling. Designer and builder Razi Okevara told the board, "We're coming in front of you today to seek permission to build an addition for basically an accessible addition for the homeowners, mister Collins," describing a one-story addition with a bedroom and bathroom to make the first floor wheelchair-accessible.
Board members focused on whether the addition represented the "minimum variance necessary" under Massachusetts precedent and on which elements (addition, deck, bulkhead) actually encroached on setbacks. Members and staff noted lot coverage was over the local limit by about five percentage points and that the rear deck was the primary driver of that overage. Okevara said the addition box itself largely met setbacks but the deck and a bulkhead encroached; he agreed the deck could be eliminated to reduce lot coverage.
During public comment, neighbors Mark and Clare Belanger of 42 Floral Ave raised concerns about construction-related parking and truck staging on the narrow street. Mark Belanger said the street "is a **** show for parking" when multiple nearby houses are under construction, and urged the board to consider impacts on neighbors.
Building inspector Nelson advised the board that patios are not considered structures for setback measurement and that the building department could work with the applicant to issue a permit based on a revised set of drawings if the board spelled the condition out in its decision. Nelson also explained that, under local zoning measurements, bulkheads can be treated as steps for setback purposes.
After deliberation, board member John King moved to grant petition 25-013 on the condition that the applicant provide the building department with plans showing the addition without a deck and with a patio and ramp; Billgan seconded the motion. The clerk recorded votes of yes from Bilgan, King, Alex Yu, Froio and Kramer. The petition was approved pending receipt of the revised plans that will become the record set used for permit issuance.
The board also approved minutes from its Oct. 15 meeting earlier in the session. The board adjourned at 7:04 p.m.