Planning Board

CITY of MALDEN PLANNING BOARD Minutes of Special Meeting Meeting Date: October 23, 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: Chuha, Diane Gebreselassie, Tewedaj Gray, Resa Hayes, Patrick Henry, Eric Soucy, Henri Stone, Stephanie Verma, Vikas, Ronnie Raj Ioven, Charles, Chair Planning Board members absent: Antonucci, Kenneth; MacCuish, Eric Planning Staff in attendance: Michelle Romero, City Planner. -------------------------------------------------------------------------------------------------------------------------- III. PUBLIC HEARINGS A. Subdivision Control/M.G.L. c. 41, §81U & §81R and Rules & Regulations of Malden Planning Board Governing Subdivision of Land. 1. 0 State Highway (Parcel ID # 185 575 506) Permit Application # CMID-068474- 2024)/Application for Approval of Definitive Plan of subdivision and request for Waivers of Rules & Regulations re: Procedure - Section III.D.2.a, Performance Guarantee, Completion Date; Submission Requirements - Section IV.D.1.b, Topography; Section IV.D.1.c, Street Plans and Profiles; Section IV.D.1.d, Utility Plans and Profiles; Section IV.D.2, Traverse Calculations; and Design Standards - Section V.C.3, Frontage for proposed Lots 13B and 14B; and Section V.G.3, Traffic Impact Study/To subdivide approx. 14.36 acres of vacant land in the Rowe’s Quarry Reclamation & Redevelopment District, Subdistrict RQ3, to create four new building lots and one parcel to be used for the future roadway connection of Overlook Ridge Drive and Route 1. The notice of public hearing was read into the record by Chuha. Petitioner submitted the following documentation: 1. “Definitive 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, Page 1 of 5 PB 10/23/24  14A & 14B, Overlook Ridge Drive, Malden, Massachusetts, 02148,” dated August 28, 2024 (stamped September 10, 2024), prepared by Katherine Cruz, Professional Engineer and Wayne C. Jalbert, Professional Land Surveyor, Hancock Associates, 185 Centre Street, Danvers, MA. 2. Memorandum dated September 5, 2024 from Attorney Jennifer Schultz, Nixon Peabody LLP, Boston, MA. 3. Proposed/draft, “Rowe’s Quarry Reclamation & Redevelopment District, Lots 13A, 13B, 14A & 14B Performance Bond Agreement.” 4. Cost estimates, “Malden-Lot 13 & 14 Right of Way,” dated September 3, 2024, unsigned (6 pages). The proposal is subdivide the land to create four new lots, Lot 13A, Lot 13B, Lot 14A and Lot 14B, for future development and building, and one parcel, Parcel XX-X-XI for future roadway connection of Overlook Ridge Drive to Route 1, including proposed ramp system. Presentation by petitioner: 1. Attorney Jennifer Schultz, Nixon Peabody, Boston, MA. The Board opened the public hearing and received the following testimony: In favor: None. In opposition: 1. Daniel Norton, 11, Vining Street, Malden, MA. The Board closed the public hearing. The Board will send email to appropriate City departments, i.e., Board of Health, Parking, Police, and Ward City Councilor to request investigation of issues raised re: trash dumping, rodent control and parking. (Romero will send on behalf of Board). The Board received the following documentation and information at the meeting: 1. Correspondence dated August 28, 2024 from City Engineer Yem Lip. 2. Email correspondence dated October 22, 2024 from Assistant City Engineer Thomas Daley. 3. Email correspondence dated October 23, 2024 from Assistant City Engineer Thomas Daley. 4. Email correspondence dated October 16, 2024 from Police Chief Glenn Cronin. 5. Planning Report & Recommendation dated October 23, 2024. Decision: To grant the following waivers: 1. Requested waiver of Section III.D.2.a, Performance Guarantee re: completion date; 2. Requested waiver of Section IV.D.1.b, Submission Requirements, re: Topographic Plans, 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. Requested waiver of Section IV.D.1.c, Submission Requirements, re: Street Plans and Profiles, subject to review and approval of the proposed street design by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; 4. Requested waiver of Section IV.D.1.d, Submission Requirements, re: drainage facilities, water system, and sewerage system, subject to review and approval of facilities and systems by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; 5. Requested waiver of Section IV.D.2, Submission Requirements re: traverse calculations and survey notes; 6. Requested waiver of Section V.C.3, Design Standards for Lots and Blocks, re: frontage requirements, for only Lots 13B and 14B, as shown on the plan; Page 2 of 5 PB 10/23/24 7. Waiver of Section IV.D.7, time-frame to submit Performance Bond; and 8. Waiver of Section IV.D.8, time-frame to submit executed and recorded Performance Bond Agreement; [Romero noted that Section IV.D.8. applies to Tripartite Agreements and may not be necessary]. And to approve the Application, subject to the following seventeen (17) conditions: 1. The maximum number of buildable lots shall be four (4), of the same approximate size and location as proposed Lots 13A, 13B, 14A and 14B, as shown on the plan. 2. Applicant shall submit Street Plans and Profiles. Regarding the internal access drives constructed to provide frontage for Lots 13B and 14B, the design and layout shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit and are subject to his reasonable approval; and Applicant shall record and maintain right-of-way/access easements in perpetuity to provide access for Lots 13B and 14B. 3. Applicant shall submit Topographic Plans. Grading shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; and grading is subject to his reasonable approval. 4. Applicant shall submit Utility Plans and Profiles. The proposed drainage system shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; and the system is subject to his reasonable approval. 5. Applicant shall submit Utility Plans and Profiles. The proposed water system shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; and the system is subject to his reasonable approval. 6. Applicant shall submit Utility Plans and Profiles. The proposed sewerage system shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; and the system is subject to his reasonable approval, 7. Applicant shall submit plans that correspond to the proposed work represented in the cost estimates. Prior to Planning Board endorsement of the plan, Applicant’s proposed cost estimates for construction and installation of improvements shall be reviewed by the City Engineer, may be adjusted at the request of the City Engineer, and are subject to his reasonable approval. 8. Prior to Planning Board endorsement of the plan, Applicant shall file a Performance Bond in the amount determined by the City Engineer to be sufficient to cover the cost of the improvements and shall execute and record a Performance Bond Agreement to secure the construction of ways and installation of utilities as per the approved plans. 9. The Performance Bond shall require completion of improvements within five years from the date of the Planning Board endorsement of the plan; and any extension shall require seeking an amendment of this approval, which shall require a public hearing by the Board. 10. Install and maintain a Flock surveillance camera, or other surveillance camera type approved by Malden Police Chief, at site entrance/exit located at intersection of Overlook Ridge Drive and Salem Street; upon construction of connection of Overlook Ridge Drive with Route One, install and maintain a second surveillance camera of same type, at site entrance/exit located at Overlook Ridge Drive and Route One; and allow Malden Police Department full access to the surveillance camera system. 11. Approval of the Malden DPW Commission of street and utility plans. 12. All blasting shall comply with the Overlook Ridge Blasting Procedures dated August 2, 2001. 13. Compliance with the Land Reclamation Agreement dated March 7, 2007 as amended and extended. 14. Compliance with the Certificate of the Secretary of Energy and Environmental Affairs on the 5th Notice of Project Change dated January 22, 2024. 15. Install “No Parking” signage on both sides of the entire length of Overlook Ridge Drive. 16. This approval does not include the proposed connection of Overlook Ridge Drive to Route 1. After MassDOT approval of the final plans and layout for the ramp system and connection of Overlook Page 3 of 5 PB 10/23/24  Ridge Drive and Route 1, owner shall submit an Application for Approval of Definitive Plan of Subdivision with the City of Malden re: modifications of Overlook Ridge Drive and Parcel XX-X- X1. 17. These conditions shall be stated on the plans to be endorsed and recorded. The decision is described in correspondence to City Clerk dated October 24, 2024 (attached). Record of Votes: I. On the motion by Henry, seconded by Chuha, to grant eight waivers, 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 II. On the motion by Soucy, seconded by Gebreselassie, to approve the Application, subject to seventeen (17) 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 -------------------------------------------------------------------------------------------------- II. PUBLIC MEETING. A. Status Updates. 1) Community Preservation Committee. Henry provided an update. Henry’s term as CPC representative of the Planning Board has expired. Ioven inquired whether Henry wanted to continue to serve and whether other members may be interested. 2) Master Planning Activities. The Board received an update via memoranda dated September 3, 2024 and October 2, 2024 from Ahrehon Thompson, Office of Strategic Planning & Community Development Page 4 of 5 PB 10/23/24  3) Open Space & Recreation Plan. The Board received an update via memoranda dated September 3, 2024 and October 2, 2024 from Ahrehon Thompson, Office of Strategic Planning & Community Development ------------------------------------------------------------------------------------------------------------------------------ III. Next meeting: Regular meeting: November 13, 2024. ------------------------------------------------------------------------------------------------------------------------------- IV. Adjournment: 8:30 pm. (On the motion by Chuha, seconded by Soucy, all voted in favor and the motion passed, 9-0). ------------------------------------------------------------------------------------------------------------------------------- Approved: Charles Ioven, Chair Page 5 of 5 PB 10/23/24  Any appeal of this decision must be made pursuant to M.G.L. c. 41, §81BB and filed within 20 days after date this Notice is filed with City Clerk. City of Malden FINAL DATE for FILING APPEAL of DECISION with SUPERIOR COURT or LAND COURT Massachusetts November 13, 2024 INSPECTIONAL SERVICES 215 Pleasant Street, Room 330 Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 October 24, 2024 Carol Ann Desiderio, City Clerk 215 Pleasant Street Malden, MA 02148 RE: Application for Approval of Definitive Plan Filed September 5, 2024/Permit Application # CMID-068474-2024 0 State Highway (Assessor’s Parcel ID# 185 575 506)/Overlook Ridge Drive “DEFINITIVE 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 August 21, 2024 (signed/stamped September 10, 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: Regarding the above-referenced Application, on October 23, 2024, the Planning Board held a public hearing, and then, by a majority vote (9-0), the Board decided the following: 1. To grant the requested waiver of Section III.D.2.a, Performance Guarantee re: completion date; 2. To grant the requested waiver of Section IV.D.1.b, Submission Requirements, re: Topographic Plans, 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 IV.D.1.c, Submission Requirements, re: Street Plans and Profiles, subject to review and approval of the proposed street design by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; 4. To grant the requested waiver of Section IV.D.1.d, Submission Requirements, re: drainage facilities, water system, and sewerage system, subject to review and approval of facilities and systems by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; 5. To grant the requested waiver of Section IV.D.2, Submission Requirements re: traverse calculations and survey notes; 6. To grant the requested waiver of Section V.C.3, Design Standards for Lots and Blocks, re: frontage requirements, for only Lots 13B and 14B, as shown on the plan; 7. To grant a waiver of Section IV.D.7, time-frame to submit Performance Bond; and 8. To grant a waiver of Section IV.D.8, time-frame to submit executed and recorded Performance Bond Agreement; And to approve the Application, subject to the following seventeen (17) conditions: 1. The maximum number of buildable lots shall be four (4), of the same approximate size and location as proposed Lots 13A, 13B, 14A and 14B, as shown on the plan. 2. Applicant shall submit Street Plans and Profiles. Regarding the internal access drives constructed to provide frontage for Lots 13B and 14B, the design and layout shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit and are subject to his reasonable approval; and Applicant shall record and maintain right-of-way/access easements in perpetuity to provide access for Lots 13B and 14B.  Carol Ann Desiderio Page 2 of 2 October 24, 2024 3. Applicant shall submit Topographic Plans. Grading shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; and grading is subject to his reasonable approval. 4. Applicant shall submit Utility Plans and Profiles. The proposed drainage system shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; and the system is subject to his reasonable approval. 5. Applicant shall submit Utility Plans and Profiles. The proposed water system shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; and the system is subject to his reasonable approval. 6. Applicant shall submit Utility Plans and Profiles. The proposed sewerage system shall be reviewed by the City Engineer before the earlier of issuance of Site Plan Review approval or a building permit; and the system is subject to his reasonable approval, 7. Applicant shall submit plans that correspond to the proposed work represented in the cost estimates. Prior to Planning Board endorsement of the plan, Applicant’s proposed cost estimates for construction and installation of improvements shall be reviewed by the City Engineer, may be adjusted at the request of the City Engineer, and are subject to his reasonable approval. 8. Prior to Planning Board endorsement of the plan, Applicant shall file a Performance Bond in the amount determined by the City Engineer to be sufficient to cover the cost of the improvements and shall execute and record a Performance Bond Agreement to secure the construction of ways and installation of utilities as per the approved plans. 9. The Performance Bond shall require completion of improvements within five years from the date of the Planning Board endorsement of the plan; and any extension shall require seeking an amendment of this approval, which shall require a public hearing by the Board. 10. Install and maintain a Flock surveillance camera, or other surveillance camera type approved by Malden Police Chief, at site entrance/exit located at intersection of Overlook Ridge Drive and Salem Street; upon construction of connection of Overlook Ridge Drive with Route One, install and maintain a second surveillance camera of same type, at site entrance/exit located at Overlook Ridge Drive and Route One; and allow Malden Police Department full access to the surveillance camera system. 11. Approval of the Malden DPW Commission of street and utility plans. 12. All blasting shall comply with the Overlook Ridge Blasting Procedures dated August 2, 2001. 13. Compliance with the Land Reclamation Agreement dated March 7, 2007 as amended and extended. 14. Compliance with the Certificate of the Secretary of Energy and Environmental Affairs on the 5th Notice of Project Change dated January 22, 2024. 15. Install “No Parking” signage on both sides of the entire length of Overlook Ridge Drive. 16. This approval does not include the proposed connection of Overlook Ridge Drive to Route 1. After MassDOT approval of the final plans and layout for the ramp system and connection of Overlook Ridge Drive and Route 1, owner shall submit an Application for Approval of Definitive Plan of Subdivision with the City of Malden re: modifications of Overlook Ridge Drive and Parcel XX-X-X1. 17. These conditions shall be stated on the plans to be endorsed and recorded. 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 (7013 3020 0000 7362 2831) (tracking # 9590 9402 8398 3156 1419 75) Jennifer R. Schultz, Esq., Nixon Peabody, LLP Alicia McNeil, City Solicitor Board of Health, c/o Chris Webb, DPH Director DPW Commission, c/o Robert Knox, DPW Director Nelson Miller, Building Commissioner Yem Lip, City Engineer