Malden Board of Appeal Unanimously Denies Variance for Nonconforming Staircase

MALDEN -- October 22, 2021, Malden Board of Appeal denies variance for a side staircase built inside the required setback at 173 Pierce Street. The board voted 5-0 at its October 22 meeting to deny petition 21-012, filed by Rino and Shayla Santos, who sought to keep an exterior stairway constructed approximately seven and a half feet from the property line, two and a half feet short of the required 10-foot side-yard setback under Malden City Code section 12.16.010. Building Commissioner Nelson explained that inspector Dan Reardon had crossed out the stairs on the approved October 24, 2018 plan set before issuing the permit, but the staircase was built anyway through what Santos described as a miscommunication with his engineer and contractor. Member John King, who moved to deny, said two of the four required variance criteria were not met, telling the petitioner that "to grant a variance based on a mistake" was not a sound basis for relief. Board members advised Santos to consult an attorney regarding the engineer's potential liability and suggested a conforming stair location at the front of the house may still be possible.