Planning Board

CITY of MALDEN PLANNING BOARD Minutes of Regular Meeting Meeting Date: August 14, 2024 Meeting Location: Malden City Hall, Herbert L. Jackson City Council Chamber, 215 Pleasant Street, Malden, MA I. Call to Order. Chairman Charles Ioven called the meeting to order at 7:00 p.m. Ioven announced that under the provisions of the Open Meeting Law, attendees are informed that this meeting may be recorded by Urban Media Arts and live-streamed on the Malden Access MATV youtube site; and that he has not been notified that any other video or audio recording of this meeting will occur. II. Roll Call. Ioven chaired the meeting and took a roll call. Planning Board Members in attendance: Antonucci, Kenneth Chuha, Diane Gebreselassie, Tewedaj Gray, Resa Hayes, Patrick Henry, Eric MacCuish, Eric Soucy, Henri Stone, Stephanie Verma, Vikas, Ronnie Raj Ioven, Charles, Chair Planning Staff in attendance: Michelle Romero, City Planner. Ioven announced that associate members Stone and Verma will not be voting, given that all regular members are present. -------------------------------------------------------------------------------------------------------------------------- III. PUBLIC HEARINGS A. Zoning: Special Permits, Title 12, Code of City of Malden (MCC) 1. 888 Eastern Avenue, Unit #10 (Parcel ID #127 433 302) Permit Application #COO-066402- 2024/§12.12.030, MCC/To allow body art use in Industrial 1 zoning district/Tattoo studio. The notice of public hearing was read into the record by Chuha. Petitioner submitted the following documentation: 1. Site plan, “Site Layout Plan, Proposed Retail Building, 100 Maplewood Street, (Tax Map 127, Block 433, Lot 302), Malden, Massachusetts,” dated May 2, 2019 revised May 10, 2022, prepared by Richard A. Salvo, P.E., Engineering Alliance, Inc., Saugus, MA. 2. Building floor plans, “1st Floor Plan, Basement Plan, Retail Building, 100 Maplewood Street, Malden, MA,” dated August 7, 2019, prepared by Daniel F. DiLulllo, Reg. Architect, Melrose, MA. 3. Unit floor plan, “Khrome tattoo studio,” also labeled, “888 Eastern Avenue, Unit 10, Malden, MA 02148,” dated July 1, 2024, prepared by the Applicants, Bruce Tangonan and Ken Chen. 4. Correspondence dated July 2, 2024 from Thomas P. Callaghan, Jr., Malden, MA re: the proposal. 5. Correspondence dated July 2, 2024 from Thomas P. Callaghan, Jr., Malden, MA re: waiver of topographical plan. Page 1 of 6 PB 8/14/24 6. Waiver request for floor plans of the entire building and building exterior elevations, because there are no changes proposed to these areas of the building/property. The proposal is to occupy one of the ten storefronts, Unit 10, for body art use, namely, a tattoo parlor/studio, to be doing business as “Khrome Tattoo Studio.” The unit contains 943 SF on the first floor and 932 square feet in the basement; the basement may be used for storage only (non- hazardous materials). Presentation by petitioner: 1. Attorney Danielle Walsh, Kelliher & Callaghan, One Centre Street, Malden, MA. The Board opened the public hearing and received the following testimony: In favor: 1. Stephen Winslow, Ward 6 City Councilor, 83 Jacob Street, Malden (via email correspondence dated August 14, 2024) In opposition: None. The Board closed the public hearing. The Board received the following documentation and information at the meeting: 1. Planning Report & Recommendation dated August 14, 2024. Decision: The Planning Board granted a special permit, subject to the following four (4) conditions: 1. This special permit only allows occupancy of 943 SF on the first floor for a tattoo parlor; the basement (932 SF) may be used only for storage and utilities; and any other practice or procedure classified as Body Art Establishment as defined by Title 12, MCC (i.e., body piercing, branding, scarification) is expressly prohibited. 2. All development shall be as per plans, except as modified by these conditions; minor modifications of floor plan are allowed. 3. Four on-site parking spaces shall be designated for the body art use of 943 SF. 4. Install, repair or replace sidewalks and driveways and perform necessary incidental work, adjacent to the property, to the satisfaction of the DPW Director. The decision is described in Case #24-01 (attached). Record of Votes: On the motion by Antonucci, seconded by MacCuish, to grant a special permit with four conditions, the vote was nine in favor, none opposed, and the motion passed (9-0). Yes No Absent Recused Abstained Not Voting ANTONUCCI X CHUHA X GEBRESELASSIE X GRAY X HAYES X HENRY X MacCUISH X SOUCY X STONE X VERMA X IOVEN Chair X Page 2 of 6 PB 8/14/24  -------------------------------------------------------------------------------------------------- 2. 72 Pleasant Street at 72-80 Pleasant Street (Parcel ID # 052 274 407) Permit Application # CMID-064854-2024/§12.12.130, MCC/ To allow kennel use in Central Business zoning district/To add overnight boarding services for dogs & cats at existing dog/pet daycare business. The notice of public hearing was read into the record by Chuha. Petitioner submitted the following documentation: 1. Site plan, “Subdivision Plan of Land shown on plan filed with Certificate of Title No. 22034 South Registry District of Middlesex Count LAND IN MALDEN,” dated January 6, 1936, prepared by C.B. Humphrey, Engineer for Court. 2. “Current Floor Plan,” dated July 2024, also labeled, “The Downtown Paw 72 Pleasant Street, Malden, MA,” dated July 12, 2021, prepared by Savoie Nolan Architects LLC, Ipswich, MA. 3. “Proposed Floor Plan,” dated July 2024, also labeled, “The Downtown Paw 72 Pleasant Street, Malden, MA,” and dated July 12, 2021, prepared by Savoie Nolan Architects LLC, Ipswich, MA, with red notes prepared by petitioner. 4. Proposed floor plan, dated August 14, 2024, labeled, “The Downtown Paw 72 Pleasant Street, Malden, MA,” prepared by Savoie Nolan Architects LLC, Ipswich, MA, with red notes, blue notes, crossouts and arrows changing location of proposed cat room from existing kitchenette to office (notes prepared by petitioner). 5. Document, “Petition for Special Permit the Downtown Paw, 72 Pleasant Street, Malden, MA 02148,” with information re: existing tenants in building (address, name of business, type of business, SF/size), dated July 24, 2024, prepared by property owner representative, Alan Dana. 6. Waiver request for floor plans of the entire building and building exterior elevations, because there are no changes proposed to these areas of the building/property. Presentation by petitioner: 1. Katherine Cruikshank, 20 Hillside Terrace, Malden, MA, current lessee/tenant and owner and operator of The Downtown Paw. Submitted revised proposed floor plan dated August 14, 2024 (#4 above) and photos of typical cat kennels and “catios.” The Board opened the public hearing and received the following testimony: In favor: 1. Peg Crowe, Ward 1 City Councilor, 9 Hancock Street, Malden, via correspondence dated August 14, 2024. 2. Neil Sullivan, owner, Cornucopia Foods, 61 Pleasant Street, Malden, via correspondence (undated) sent via email August 14, 2024. 3. Nisachon Thanangthirapong, management, Zuru Zuru and Donburi, 74 Pleasant Street, Malden, via email correspondence dated August 14, 2024. 4. Chad Ellis and Trish Blais, owners, Boda Borg, 86-90 Pleasant Street, Malden, via email correspondence dated August 13, 2024. 5. Douglas Tran, owner, All Season’s Table, 64 Pleasant Street, Malden, via email correspondence dated August 11, 2024. 6. Petition signed by 114 individuals, who are customers and many of whom are Malden residents. In opposition: None. The Board closed the public hearing. Page 3 of 6 PB 8/14/24 The Board received the following documentation and information at the meeting: 1. Planning Report & Recommendation dated August 14, 2024. Decision: The Planning Board granted a special permit, subject to the following five (5) conditions: 1. All development shall be as per plans, except as modified by these conditions; minor modifications of floor plan are allowed. 2. This special permit allows kennel use only on the same premises and operated as accessory to dog/cat daycare use of 4,066 SF on the first floor, at storefront space known as 72 Pleasant Street. 3. Kennel use allowed by this special permit allows overnight boarding for only dogs and cats and no other animals. 4. Obtain license from City Council for extended/overnight hours. 5. Install, repair or replace sidewalks and driveways and perform necessary incidental work, adjacent to the property, to the satisfaction of the DPW Director. The decision is described in Case #24-02 (attached). Record of Votes: On the motion by Antonucci, seconded by Soucy, to grant a special permit with five conditions, the vote was nine in favor, none opposed, and the motion passed (9-0). Yes No Absent Recused Abstained Not Voting ANTONUCCI X CHUHA X GEBRESELASSIE X GRAY X HAYES X HENRY X MacCUISH X SOUCY X STONE X VERMA X IOVEN Chair X ----------------------------------------------------------------------------------------------------------------- IV. PUBLIC MEETING. A. Subdivision Control/M.G.L. c. 41, §81S and Rules & Regulations of Malden Planning Board Governing Subdivision of Land. 1. 0 State Highway (Parcel ID # 185 575 506) Permit Application # CMID-066920- 2024)/Application for Tentative Approval of Preliminary Plan and request for Waivers of Submission Requirements, Section IV.C.2, Section IV.C.2.e & Section IV.C.2.h, and Waiver of Design Standards, Section V.C.3/To subdivide 14.36 acres at the western end of Overlook Ridge Drive to create four new lots and one parcel. Petitioner submitted the following information: 1. Form B Application for Tentative Approval of Preliminary Plan 2. Set of plans, “Preliminary Subdivision Plan Rowe’s Quarry Reclamation & Redevelopment District, Lots 13A, 13B, 14A & 14B, Overlook Ridge Drive, Malden, Massachusetts, 02148, Prepared for Veris Residential and Winn Companies LLC,” and also titled, “The Highlands at Overlook Lots 13A, 13B, 14A & 14B, Overlook Ridge Drive, Malden, Massachusetts, 02148,” dated July 11, 2024 (stamped July 12, 2024), prepared by Page 4 of 6 PB 8/14/24  Katherine Cruz, Professional Engineer and Wayne C. Jalbert, Professional Land Surveyor, Hancock Associates, 185 Centre Street, Danvers, MA. 3. Petitioner requested waivers described on Sheet C-6 of the plans. The Board received the following documentation and information at the meeting: 1. Planning Report & Recommendation dated August 14, 2024. 2. Correspondence dated July 8, 2024 from City Engineer Yem Lip. 3. Email correspondence dated August 12, 2024 from Police Chief Glenn Cronin. Decision: The Planning Board decided the following: 1. To grant the requested waiver of Section IV.C.2.e, Submission Requirements, re: drainage system, subject to review and approval of the proposed drainage system by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit. 2. To grant the requested waiver of Section IV.C.2.h, Submission Requirements, re: topography, subject to review and approval of the proposed grading by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit. 3. To grant the requested waiver of Section V.C.3, Design Standards for Lots and Blocks, re: frontage requirements, for only two lots, of the same approximate size and location as Lots 13B and 14B, as shown on the plan. 4. To grant the Application for Tentative Approval of the Preliminary Plan, subject to the following conditions: a) The maximum number of buildable lots shall be four, of the same approximate size and location as Lots 13A, 13B, 14A and 14B, as shown on the plan. b) Internal access drives shall be constructed to provide frontage for Lots 13B and 14B, and right-of- way/access easements in perpetuity shall be recorded and maintained to provide access for Lots 13B and 14B. c) Grading shall be reviewed by City Engineer and is subject to his reasonable approval, before the earlier of issuance of Site Plan Review approval or a building permit. d) Drainage system shall be reviewed by City Engineer and is subject to his reasonable approval, before the earlier of issuance of Site Plan Review approval or a building permit. e) Install a Flock surveillance camera, or other camera type approved by Malden Police Chief, at site entrance/exit located at intersection of Overlook Ridge Drive and Salem Street; and upon construction of connection of Overlook Ridge Drive with Route One, install a second Flock surveillance camera, or other camera type approved by Malden Police Chief, at site entrance/exit located at Overlook Ridge Drive and Route One. The decision is described in correspondence to City Clerk from Romero dated August 21, 2024 (attached). Record of Votes: On the motion by Antonucci, seconded by Soucy, to grant the requested waivers and the Application for Tentative Approval of the Preliminary Plan, subject to the five conditions, the vote was nine in favor, none opposed, and the motion passed (9-0). Yes No Absent Recused Abstained Not Voting ANTONUCCI X CHUHA X GEBRESELASSIE X GRAY X HAYES X HENRY X MacCUISH X Page 5 of 6 PB 8/14/24  SOUCY X STONE X VERMA X IOVEN Chair X ----------------------------------------------------------------------------------------------------------------- B. Status Updates. 1) Community Preservation Committee. Henry provided an update. 2) Master Planning Activities. The Board received an update via a memorandum dated August 13, 2024 from Ahrehon Thompson and Alexander Pratt, Office of Strategic Planning & Community Development 3) Open Space & Recreation Plan. The Board received an update via a memorandum dated August 13, 2024 from Ahrehon Thompson and Alexander Pratt, Office of Strategic Planning & Community Development. ---------------------------------------------------------------------------------------------------------- C. Election of Officers. Ioven announced the Board would hold an election for officers. At approximately 8:39 p.m. Ioven vacated the Chair and Vice Chair Antonucci assumed the Chair. 1) Election of Chair. Antonucci called for nominations for Chair. MacCuish nominated Ioven for Chair, seconded by Chuha. Antonucci asked whether there were any other nominations for Chair; seeing and hearing none, Antonucci called for a vote. All voted in favor of Ioven as Chair, none voted in opposition (9-0). At approximately 8:41 p.m. Antonucci vacated the Chair and Ioven resumed the Chair. 2) Election of Vice Chair. Ioven called for nominations for Vice Chair. Henry nominated Antonucci for Vice Chair, seconded by MacCuish. Ioven asked whether there were any other nominations for Vice Chair; seeing and hearing none, Ioven called for a vote. All voted in favor of Antonucci as Vice Chair, none voted in opposition (9-0). 3) Election of Clerk. Ioven called for nominations for Clerk. Soucy nominated Chuha for Clerk, seconded by Antonucci. Ioven asked whether there were any other nominations for Clerk; seeing and hearing none, Ioven called for a vote. All voted in favor of Chuha as Clerk, none voted in opposition (9-0). ------------------------------------------------------------------------------------------------------------------------------ V. Next meeting: Regular meeting: September 11, 2024. ------------------------------------------------------------------------------------------------------------------------------- VI. Adjournment: 8:45 pm. (On the motion by Chuha, seconded by Gebreselassie, all voted in favor and the motion passed). ------------------------------------------------------------------------------------------------------------------------------- Approved: Charles Ioven, Chair Page 6 of 6 PB 8/14/24  CITY of MALDEN PLANNING BOARD NOTICE of DECISION CASE NUMBER 24-01 LOCATION of SUBJECT PROPERTY 888 Eastern Avenue, Malden, MA NAMES of PETITIONERS Bruce Tangonan and Ken Chen NAME of PROPERTY OWNER 100 Maplewood Street LLC DATE of PUBLIC HEARING August 14, 2024 DATE of DECISION August 14, 2024 DATE of FILING DECISION with CITY CLERK August 19, 2024 DATE of NOTIFICATION to BUILDING INSPECTOR August 19, 2024 FINAL DATE for FILING APPEAL of DECISION with SUPERIOR COURT September 9, 2024 [Any appeal must be made pursuant to M.G.L. c. 40A, §17 and filed within 20 days after date this Notice is filed with City Clerk.] PROCEDURAL HISTORY (Case #24-01): 1. The subject property is known as and numbered 888 Eastern Avenue and by City Assessor’s parcel identification number 127 433 302, and the subject of the petition is the portion of the building and premises known as unit 10. 2. The property owner is 100 Maplewood Street LLC, 148 Main Street, Malden, MA, c/o Andreas Tsitos, United Properties Inc. and authorized the filing of this petition. 3. The petitioners are Bruce Tangonan and Ken Chen, 38 Gale Street, Malden, MA, who are the proposed lessees/tenants and owners and operators of the proposed business, Khrome Tattoo Studio. 4. At the public hearing, the petitioners were represented by Attorney Danielle Walsh, Kelliher & Callaghan, One Centre Street, Malden, MA. 5. The petition in permit application #COO-066402-2024 seeks a special permit under Title 12.12.030 of the Code of the City of Malden (the “Ordinance”) to allow body art use of property in the Industrial 1 zoning district. 6. The following plans and information were submitted in support of the petition: site plan, “Site Layout Plan, Proposed Retail Building, 100 Maplewood Street, (Tax Map 127, Block 433, Lot 302), Malden, Massachusetts,” dated May 2, 2019, revised May 10, 2022, prepared by Richard A. Salvo, P.E., Engineering Alliance, Inc., Saugus, MA; building floor plans, “1st Floor Plan, Basement Plan, Retail Building, 100 Maplewood Street, Malden, MA,” dated August 7, 2019, prepared by Daniel F. DiLulllo, Reg. Architect, Melrose, MA; unit floor plan, “Khrome tattoo studio,” also labeled, “888 Eastern Avenue, Unit 10, Malden, MA 02148,” dated July 1, 2024, prepared by the Applicants, Bruce Tangonan and Ken Chen; and correspondence dated July 2, 2024 from Thomas P. Callaghan, Jr., Malden, MA re: the proposal. 7. The public hearing complied with the notice requirements of §12.32.020(K) of the Ordinance and Massachusetts General Laws, Chapter 40A, §11. FINDINGS of FACT (Case #24-01): The City of Malden Planning Board finds the following facts: 1. The subject property, located on the corner of Eastern Avenue and Maplewood Street, is the site of a single-story building with full basement, configured as ten storefront units. 2. Each storefront unit has 943 square feet on the first floor and a separate basement of 932 square feet; and the basements are restricted to use for only storage of non-hazardous materials, per the Building Commissioner. 3. The subject of the petition is unit 10, the premises which petitioners propose to occupy for a tattoo parlor/studio. 4. Unit 10 is currently occupied for recreation for gainful business use by a fitness pole/dance studio, with a lease ending August 31, 2024. 5. One other unit is vacant and the other eight units are currently occupied for use as follows: retail sales & services by a cellular company; retail sales & services by a party rental/supplies business; retail services by a hair salon; retail sales by a clothing store; medical center by an aesthetician & wellness center; retail sales by a mattress/furniture business; retail sales by a fish supplies business; and retail services by a personal trainer. 6. The property is classified as part of the Industrial 1 zoning district. 7. The proposed tattoo parlor/studio is classified as a body art use, which may be allowed by special permit in this zoning district, per §12.12.030 of the Ordinance. 8. The existing retail services, retail sales and recreation for gainful business uses are allowed by right, and the existing medical center use is allowed by special permit granted in Case #22-08, per §12.12.030 of the Ordinance. 9. Direct abutters to the north are the Boston & Maine Saugus Branch abandoned railroad right-of-way, used in part for the public multimodal trail, the Northern Strand Community Trail/Bike to the Sea, on the other side of which are two single-family dwellings on Waite Street and a four-family dwelling on Maplewood Street; to the east, a two-family dwelling and recreation for gainful business; and to the west, on the other side of Maplewood Street, Page 1 of 2  are a gasoline filling & service station and motor vehicle repair business; to the south, on the other side of Eastern Avenue, a warehouse; and to the southwest, on the opposite corner of the intersection, a convenience store, manufacturing and warehouse. 10. Surrounding land uses are residential, business and industrial. 11. The proposal is not in conflict with surrounding land uses. 12. The building violates both side yard setbacks, as allowed by variance granted on March 20, 2019, and is exempt from rear yard setback requirement because the property abuts a railroad right-of-way; and the property complies all other dimensional controls, per §§12.16.030 and 12.16.050 of the Ordinance. 13. The proposal does not increase the existing violations or create any new violations of dimensional controls, per §12.16.010 of the Ordinance. 14. For the current uses of the property, the total number of parking spaces required is 38 and the total number of loading areas required is seven, per §§12.20.010, 12.20.020.I.10 and 12.20.030.E of the Ordinance. 15. Use of the basement for storage only does not require parking, per the Building Commissioner. 16. As shown on the site plan, there are 40 parking spaces and two loading areas onsite; and a variance of the number of loading spaces was granted on September 20, 2023. 17. The proposed body art use of 943 square feet requires four parking spaces, the same amount of parking required for the current recreation for gainful business use, per §12.20.010 of the Ordinance. 18. Petitioners will lease four parking spaces and receive small deliveries by vans that will not use loading areas. 19. The proposal does not create violations of parking requirements or increase existing loading violations. 20. The proposal does not require a traffic impact study by the Planning Board’s Rules and Procedures. 21. The traffic and traffic patterns generated by the proposed use will not adversely impact any of the surrounding streets or create a traffic or safety hazard. 22. Body Art Establishment is defined by Ordinance as a facility that engages in the practice of physical body adornment, alteration or modification by means including, but not limited to, body piercing, tattooing, cosmetic tattooing, branding and scarification, but not including practices that are considered medical procedures by the Board of Registration in Medicine, per §12.32.060 of the Ordinance. 23. Petitioners’ proposal is a tattoo studio, and petitioners intend to offer only tattoo services, all with ink. 24. One of the petitioners is a tattoo artist, and there will be two tattoo artists working at any one time. 25. As per the proposed floor plan, petitioners will have a reception/waiting area and four individual tattoo stations. 26. Two of the four proposed stations will be used for customers resting during the tattoo process. 27. Petitioners will dispose of needles inside containers at the premises and use a contracted service to remove waste. 28. Petitioners’ proposed hours of operation are Monday through Saturday, 10 am to 6 pm. 29. The Malden Board of Health will regulate the tattoo practitioners and body art establishment. 30. As modified by the proposed conditions of the special permit, the proposal will not be more detrimental to the neighborhood. 31. The Ward 6 City Councilor, who represents the ward where the property is located, is in favor of the proposal. 32. There is no public opposition to the proposal. 33. As modified by the proposed conditions of the special permit, the proposal is in the interest of the common good. DECISION (Case #24-01): On August 14, 2024, pursuant to the foregoing Findings of Fact, the Planning Board granted a special permit, subject to the following four (4) conditions: 1. This special permit only allows occupancy of 943 SF on the first floor for a tattoo parlor; the basement (932 SF) may be used only for storage and utilities; and any other practice or procedure classified as Body Art Establishment as defined by Title 12, MCC (i.e., body piercing, branding, scarification) is expressly prohibited. 2. All development shall be as per plans, except as modified by these conditions; minor modifications of floor plan are allowed. 3. Four on-site parking spaces shall be designated for the body art use of 943 SF. 4. Install, repair or replace sidewalks and driveways and perform necessary incidental work, adjacent to the property, to the satisfaction of the DPW Director. RECORD of VOTES (Case #24-01): The vote on the motion by Antonucci, seconded by MacCuish, to grant a special permit with four conditions was nine in favor, none opposed, and the motion passed (9-0): Antonucci, yes; Chuha, yes; Gebreselassie, yes; Gray, yes; Hayes, yes; Henry, yes; MacCuish, yes; Soucy, yes; Ioven, yes. [Stone, Verma, present and not voting]. I, hereby certify that the above is a true copy of the decision of the Malden Planning Board. By: Michelle A. Romero, City Planner Page 2 of 2  CITY of MALDEN PLANNING BOARD NOTICE of DECISION CASE NUMBER 24-02 LOCATION of SUBJECT PROPERTY 72 Pleasant Street/72-80 Pleasant Street, Malden, MA NAME of PETITIONER Katherine Cruikshank NAMES of PROPERTY OWNERS Dana Family Series LLC and Herman Dana Foundation LLC DATE of PUBLIC HEARING August 14, 2024 DATE of DECISION August 14, 2024 DATE of FILING DECISION with CITY CLERK August 22, 2024 DATE of NOTIFICATION to BUILDING INSPECTOR August 22, 2024 FINAL DATE for FILING APPEAL of DECISION with SUPERIOR COURT September 11, 2024 [Any appeal must be made pursuant to M.G.L. c. 40A, §17 and filed within 20 days after date this Notice is filed with City Clerk.] PROCEDURAL HISTORY (Case #24-02): 1. The subject property is known as and numbered 72-80 Pleasant Street and by City Assessor’s parcel identification number 052274407, and the subject of the petition is the part of the building/premises known as 72 Pleasant Street. 2. The property owners are Dana Family Series LLC and Herman Dana Foundation LLC, c/o Alan Dana, 1340 Centre Street Newton, MA, and authorized the filing of this petition. 3. The petitioner is Katherine Cruikshank, 20 Hillside Terrace, Malden, MA, who is the current lessee/tenant and owner and operator of the existing business at the subject premises, The Downtown Paw. 4. At the public hearing, the petitioner represented herself. 5. The petition in permit application #COO-064854-2024 seeks a special permit under Title 12.12.030 of the Code of the City of Malden (the “Ordinance”) to allow kennel use of property in the Central Business zoning district, namely, to add overnight boarding services to petitioner’s existing dog daycare business. 6. The following plans were submitted in support of the petition: site plan, “Subdivision Plan of Land shown on plan filed with Certificate of Title No. 22034 South Registry District of Middlesex Count LAND IN MALDEN,” dated January 6, 1936, prepared by C.B. Humphrey, Engineer for Court; “Current Floor Plan,” dated July 2024, also labeled, “The Downtown Paw 72 Pleasant Street, Malden, MA,” and dated July 12, 2021, prepared by Savoie Nolan Architects LLC, Ipswich, MA; and “Proposed Floor Plan,” dated August 14, 2024, also labeled, “The Downtown Paw 72 Pleasant Street, Malden, MA,” prepared by Savoie Nolan Architects LLC, Ipswich, MA, with red notes prepared by petitioner. 7. The public hearing complied with the notice requirements of §12.32.020(K) of the Ordinance and Massachusetts General Laws, Chapter 40A, §11. FINDINGS of FACT (Case #24-02): The City of Malden Planning Board finds the following facts: 1. The subject property is a “through lot” and the building fronts on Pleasant Street and Exchange Street, with two stories on Pleasant and four stories on Exchange, due to the grade change between streets. 2. The building is currently occupied as follows: petitioner’s dog daycare in 4,066 square feet on the first floor at 72 Pleasant Street; Zuru Zuru Ramen & Donburi restaurant in 2,054 square feet on the first floor at 74 Pleasant Street; vacant 3,000 square feet on the second floor at 72-74 Pleasant Street; Super 99 Century retail store in 7,260 square feet on the first floor, 2,290 square feet on mezzanine and 7,214 square feet on the second floor, at 78-80 Pleasant Street; The Immersive Game Theater recreation for gainful business in 3,395 square feet on the first floor at 63 Exchange Street; and Exchange Street Bistro restaurant in 7,170 square feet on the first floor at 67 Exchange Street. 3. The property is classified as part of the Central Business zoning district. 4. Petitioner’s existing dog daycare is classified as retail services use, which is allowed by right in this district. 5. The proposed overnight boarding is classified as kennel use, which may be allowed by special permit in this district per §12.12.030 of the Ordinance. 6. The existing restaurant, retail sales and recreation for gainful business uses of the property are allowed by right in this zoning district, per §12.12.030 of the Ordinance. 7. The direct abutter to the east is a building with restaurant, offices, artist-live work units and recreation for gainful business; to the west, recreation for gainful business; to the north, on the other side of Pleasant Street, general offices; and to the south, on the other side of Exchange Street, a restaurant and recreation for gainful business, City park and offsite parking facility used as the City CBD Garage. 8. Surrounding land uses are restaurants, retail sales, retail services, recreation for gainful business, bank offices, public offsite parking facilities, and multifamily residential dwellings. 9. The proposal is not in conflict with surrounding land uses. Page 1 of 2 10. The property complies with all dimensional controls, per §§12.16.010 and 12.16.030 of the Ordinance. 11. The proposal does not create any violation of dimensional controls, per §12.16.010 of the Ordinance. 12. The existing and proposed business uses of the property do not require parking, because they are allowed non- residential uses in the Central Business zoning district, per §12.20.020.H.1 of the Ordinance. 13. Loading is not required, per §12.20.030.J of the Ordinance. 14. There is no parking or loading on-site. 15. The proposal does not create any violations of parking or loading requirements. 16. Petitioner’s customers use on-street parking and the public parking lot across the street. 17. Petitioner’s business offers “call ahead” services for customers and “curb-side” pick-up of pets. 18. The proposal does not require a traffic impact study, per the Planning Board’s Rules and Procedures. 19. The traffic and traffic patterns generated by the proposed use will not adversely impact any of the surrounding streets or create a traffic or safety hazard. 20. Petitioner currently operates the existing dog daycare at the subject premises, and petitioner’s business includes grooming services for dogs and cats and the retail sales of pet accessories. 21. Under the proposal, petitioner will provide overnight boarding services onsite for only dogs and cats. 22. The proposal requires no changes to the building’s interior or exterior, and the existing rooms and layout will be used and repurposed, as shown on the proposed floor plan: the laundry room will be the overnight room for dogs, with movable dog kennels; and cat boarding will be in the office, with cat kennels or “catios.” 23. Kennel is defined by the Ordinance as a building or lot that shelters cats or dogs or domesticated animals; and the definition provides the following requirements: a kennel that is accessory to another use shall require special permit; a kennel may not be accessory to a residential use; and any kennel use shall require on-site supervision when animals are present, per §12.32.060 of the Ordinance. 24. Petitioner’s employees will stay in the same room with the animals during overnight boarding services. 25. According to petitioner, the Malden Animal Control Officer establishes the maximum number of animals that may be on-site at any one time, and petitioner’s business currently has a limit of 45 animals. 26. The total number of animals allowed at petitioner’s business will include animals boarded overnight. 27. Petitioner’s uses an online portal system for customers to preregister. 28. Petitioner monitors the number of animals registered for services and adjusts staffing accordingly. 29. Petitioner removes pet waste from the daycare areas immediately, stores the waste onsite, and uses a private trash service to pick-up waste from the site, currently twice per month. 30. Petitioner’s business premises include no outdoor space. 31. As modified by the proposed conditions of the special permit, the proposal will not be more detrimental to the neighborhood. 32. The Ward 1 City Councilor, several abutting businesses and more than one hundred customers, including many Malden residents and who signed a petition, are in favor of the proposal. 33. There is no public opposition to the proposal. 34. As modified by the proposed conditions of the special permit, the proposal is in the interest of the common good. DECISION (Case #24-02): On August 14, 2024, pursuant to the foregoing Findings of Fact, the Planning Board granted a special permit, subject to the following five (5) conditions: 1. All development shall be as per plans, except as modified by these conditions; minor modifications of floor plan are allowed. 2. This special permit allows kennel use only on the same premises and operated as accessory to dog/cat daycare use of 4,066 SF on the first floor, at storefront space known as 72 Pleasant Street. 3. Kennel use allowed by this special permit allows overnight boarding for only dogs and cats and no other animals. 4. Obtain license from City Council for extended/overnight hours. 5. Install, repair or replace sidewalks and driveways and perform necessary incidental work, adjacent to the property, to the satisfaction of the DPW Director. RECORD of VOTES (Case #24-02): The vote on the motion by Antonucci, seconded by Soucy, to grant a special permit with five conditions was nine in favor, none opposed, and the motion passed (9-0): Antonucci, yes; Chuha, yes; Gebreselassie, yes; Gray, yes; Hayes, yes; Henry, yes; MacCuish, yes; Soucy, yes; Ioven, yes. [Stone, Verma, present and not voting]. I, hereby certify that the above is a true copy of the decision of the Malden Planning Board. By: Michelle A. Romero, City Planner Page 2 of 2  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, Room 330 Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 August 21, 2024 Carol Ann Desiderio, City Clerk 215 Pleasant Street Malden, MA 02148 RE: Application for Tentative Approval of Preliminary Plan of Subdivision Filed July 15, 2024/Permit Application # CMID-066920-2024 0 State Highway (Assessor’s Parcel ID# 185 575 506)/Overlook Ridge Drive “PRELIMINARY SUBDIVISION PLAN ROWE’S QUARRY RECLAMATION & REDEVELOPMENT DISTRICT LOTS 13A & 13B, LOTS 14A & 14B Overlook Ridge Drive, Malden, Massachusetts, 02148 Prepared for Veris Residential and WinnCompanies LLC” dated July 11, 2024 (signed/stamped July 12, 2024) Owner: Overlook Ridge LLC, 210 Hudson Street, Suite 4300 Jersey City, NJ 07311 Applicants: Veris Residential, 210 Hudson Street, Jersey City, NJ and WinnCompanies LLC, One Washington Mall, Boston, MA Prepared by Katherine Cruz, PE and Wayne C. Jalbert, PLS, Hancock Associates, Danvers, MA Dear Ms. Desiderio: At a public meeting on August 14, 2024, the Planning Board reviewed the above-referenced Application and Plan, and a majority of the Board, namely, all nine members present, decided the following: 1. To grant the requested waiver of Section IV.C.2.e, Submission Requirements, re: drainage system, subject to review and approval of the proposed drainage system by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit. 2. To grant the requested waiver of Section IV.C.2.h, Submission Requirements, re: topography, subject to review and approval of the proposed grading by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit. 3. To grant the requested waiver of Section V.C.3, Design Standards for Lots and Blocks, re: frontage requirements, for only two lots, of the same approximate size and location as Lots 13B and14B, as shown on the plan. 4. To grant the Application for Tentative Approval of the Preliminary Plan, subject to the following conditions: a) The maximum number of buildable lots shall be four, of the same approximate size and location as Lots 13A, 13B, 14A and 14B, as shown on the plan. b) Internal access drives shall be constructed to provide frontage for Lots 13B and 14B, and right-of-way/access easements in perpetuity shall be recorded and maintained to provide access for Lots 13B and 14B. c) Grading shall be reviewed by City Engineer and is subject to his reasonable approval, before the earlier of issuance of Site Plan Review approval or a building permit. d) Drainage system shall be reviewed by City Engineer and is subject to his reasonable approval, before the earlier of issuance of Site Plan Review approval or a building permit. e) Install a Flock surveillance camera, or other camera type approved by Malden Police Chief, at site entrance/exit located at intersection of Overlook Ridge Drive and Salem Street; and upon construction of connection of Overlook Ridge Drive with Route One, install a second Flock surveillance camera, or other camera type approved by Malden Police Chief, at site entrance/exit located at Overlook Ridge Drive and Route One. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero, City Planner CC: Overlook Ridge LLC, via certified mail (7002 0860 0004 4977 7243) (tracking # 9590 9402 8398 3156 1417 39) Jennifer R. Schultz, Esq., Nixon Peabody, LLP Alicia McNeil, City Solicitor Nelson Miller, Building Commissioner Chris Webb, Board of Health