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Board rescinds Condition 4 from 2001 variance on 134–136 Wyoming Ave
Summary
The Malden Board of Appeal voted unanimously to remove Condition 4 from a variance recorded Sept. 26, 2001, for 134–136 Wyoming Ave (Petition 26-006), with members saying the variance ‘‘runs with the land’’ and noting letters of support will be filed.
The Malden Board of Appeal voted July 15 to remove a condition placed on a 2001 variance for 134–136 Wyoming Ave.
At the hearing the petitioner, identified on the agenda as Franz Merengue, requested revision of Condition 4 from a variance decision recorded by the city clerk on Sept. 26, 2001 (Assessor parcel ID 007063311). The chair stated the board’s view that "the variance goes with the land and not an owner," and said the condition likely should not have been applied to the property. A board member noted a similar situation had been resolved previously.
A motion to rescind the condition was made by Sherwin and seconded by Bilgin; the board voted unanimously in favor. The clerk said there were at least one or two letters in support of the petition and that those letters would be added to the file. Board members recorded their votes as yes: Bilgin, Desposito, King, Alex Yu, Sherwin and Kramer; Frey was absent.
Board members discussed that the condition had limited legal basis as written and that removing it would clear an impediment that had been described as preventing a potential sale of the property. The board did not place any new conditions on the variance during the hearing.
After the vote the clerk noted the supportive letters would be included in the record and the meeting moved to adjournment.
