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Board of Appeal approves variance for Murray Hill Road home with easement condition
Summary
The Malden Board of Appeal approved petition 26-001 on Jan. 21, 2026, allowing an existing deck at 52 Murray Hill Road to be converted to enclosed living space, with a condition that footings not extend into a recorded drainage easement; the vote was unanimous.
The Malden Board of Appeal voted unanimously Jan. 21 to grant a side-yard setback variance for a proposed addition at 52 Murray Hill Road, approving Petition 26-001 with a condition that footings not intrude into a recorded drainage easement.
Daniel Miller, the petitioning homeowner, described the request as a modest conversion of an existing 12-foot deck into enclosed living space so his growing family can remain in Malden. "Our family's growing and we only have really two usable bedrooms at the moment," Miller said. "We're trying to add a little bit more functional space in the house." He and his wife, Carrie Miller, gave their address for the record.
Board members and the applicants agreed the proposed addition occupies the same footprint as the current deck and does not expand farther into the side-yard than the existing condition. Members noted one corner measures about 6 feet, 4 inches from the lot line, where the code calls for a 10-foot side-yard in that zoning context; the variance therefore regularizes the existing nonconforming condition rather than creating a new encroachment.
An engineering department representative told the board that a roughly 12-inch clay tile drainage pipe, installed in the 1930s, lies within the recorded easement on the property and may be beyond its typical economic life, meaning future maintenance could require access or excavation in that area. Petitioners and the board also discussed significant ledge in the backyard that will constrain excavation and foundation work; petitioners said a structural engineer will design footings appropriate to the ledge conditions.
To address the easement and potential future work, the board approved the petition with the explicit condition that no part of the footing extend into the recorded easement. The motion carried with all five members present voting yes: Billen, King, You, Sherwin and Kramer.
The chair said the board will send the petitioners a decision letter within a few days, file the decision with the clerk and provide guidance for recording the approval at the registry of deeds; petitioners were reminded of the 20-day appeal period.
The hearing was the board's only scheduled matter and was adjourned at 6:48 p.m.
