Planning Board

CITY of MALDEN PLANNING BOARD Minutes of Regular Meeting Meeting Date: November 13, 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 Gray, Resa Hayes, Patrick Henry, Eric MacCuish, Eric Soucy, Henri Stone, Stephanie Ioven, Charles, Chair Planning Board members absent: Gebreselassie, Tewedaj; Verma, Vikas, Ronnie Raj. Planning Staff in attendance: Michelle Romero, City Planner. Ioven announced that associate member Stone will be voting on all matters, given the absence of Gebreselassie and Verma. III. PUBLIC HEARINGS A. Zoning: Special Permits, Title 12, Code of City of Malden (MCC) 1. Proposed Lot 13B at 0 State Highway (Parcel ID # 185 575 506)/Permit Application # CMID- 068997-2024)/§12.12.300/Inclusionary Development in Rowe’s Quarry Reclamation & Redevelopment zoning district, Subdistrict RQ3/To construct multifamily dwelling with 99 units, including 15 Affordable Housing Units. 2. Proposed Lot 14B at 0 State Highway (Parcel ID # 185 575 506)/Permit Application # CMID- 068998-2024)/§12.12.300/Inclusionary Development in Rowe’s Quarry Reclamation & Redevelopment zoning district, Subdistrict RQ3/To construct multifamily dwelling with 82 units, including 13 Affordable Housing Units. Ioven announced that the Board hold the public hearing on both petitions together and then make a decision and vote on each petition separately. The notice of public hearing, which includes both petitions, was read into the record by Chuha. Petitioner submitted the following plans and documentation in support of the petition for Lot 13B: Page 1 of 7 PB 11/13/24 1. Set of plans, “PERMIT SITE PLAN Overlook Ridge Drive Lot 13B-Senior Housing, Malden, Massachusetts 02148 for Winn Companies,” dated August 22, 2024, revised September 26, 2024, that includes: a) “Existing Conditions Plan of Land in Malden, MA” (EC), dated August 22, 2024, revised through September 25, 2024, prepared by Wayne C. Jalbert, P.L.S., Hancock Associates, Danvers, MA. b) The following, all dated August 22, 2024, revised September 26, 2024, prepared by Katherine A. Cruz, P.E., Hancock Associates, Danvers, MA: i. Site Preparation and Erosion Control Plan (C-1). ii. Layout and Materials Plan (C-2). iii. Grading and Drainage Plan (C-3). iv. Utility Plan (C-4). 2. Overall Site Plan (L-100), “Overlook Ridge-13B, Overlook Ridge Dr, Malden, MA, Winn Companies,” dated July 8, 2024, prepared by landscape architect, CopleyWolff Design Group, Boston, MA. 3. Set of plans, “Overlook Ridge-13B Senior, Overlook Ridge Dr., Winn Companies,” dated October 1, 2024, prepared by ICON Architecture, Boston, MA, that includes: a) 13B Floor Plans (SPR-001). b) 13B Open Space Plan (SPR-002). c) 13B Building Elevations Overview (SPR-003). d) 13B Perspectives (SPR-004). 4. Correspondence dated November 7, 2024 from Attorney Jennifer R. Schultz, Partner, Nixon Peabody, Boston, MA to Nelson Miller, Building Commissioner re: Building Permit Application, with: a) Appeal form petition for Special Permit dated October 18, 2024. b) Memorandum dated October 18, 2024 from Nixon Peabody & Winn Development to Malden Planning Board re: Lot 13B- Inclusionary Development. 5. Correspondence dated November 7, 2024 from Adam Stein, VP, WinnDevelopment Company Limited Partnership to Nelson Miller, Zoning Officer, re: Inclusionary Zoning Application for Overlook Ridge Drive, Lots 14B and 13B, which describes compliance with IZ requirements and commitment to additional affordability restrictions. 6. Certificate of the Secretary of Energy and Environmental Affairs on the 5th Notice of Project Change dated January 22, 2024. The proposal is to create the proposed Lot 13B as part of the Definitive subdivision plan approved by the Planning Board on October 23, 2024, and to construct on Lot 13B a building for multifamily residential use, with five stories and a total of ninety-nine (99) units, that includes: a) fifteen (15) Affordable Housing Units, as defined by City ordinance. b) twenty-five units with an affordability/income restriction of at or below 80% AMI and with a local preference for Malden residents to the maximum extent permitted by law and funding programs. c) all rental units. d) all units with an age restriction: head of household must be age 55 years or older. Counting both the required Affordable Housing Units and proposed additional affordable housing (a and b above) a minimum of 40% of total units (40% of 99 units=39 units) will have affordability restrictions. Presentation by petitioner for Lot 13B: 1. Samantha Randel, WinnCompanies, WinnDevelopment, One Washington Mall, Suite 500, Boston, MA, via PowerPoint presentation; also distributed paper copy of presentation to Board members. Petitioner submitted the following plans and documentation in support of the petition for Lot 14B: Page 2 of 7 PB 11/13/24 1. Set of plans, “PERMIT SITE PLAN Lot 14B-Condominiums, Overlook Ridge Drive, Malden, Massachusetts 02148 for Winn Companies,” dated August 27, 2024, revised September 26, 2024, that includes: a) “Existing Conditions Plan of Land in Malden, MA” (EC), dated August 27, 2024, revised September 23, 2024, stamped September 25, 2024, prepared by Wayne C. Jalbert, P.L.S., Hancock Associates, Danvers, MA. b) The following, all dated August 27, 2024, revised September 26, 2024, prepared by Katherine A. Cruz, P.E., Hancock Associates, Danvers, MA: i. Erosion and Sedimentation Control Plan (C-1). ii. Layout and Materials Plan (C-2). iii. Grading and Drainage Plan (C-3). iv. Utility Plan (C-4). 2. Overall Site Plan (L-100), “Overlook Ridge-14B Overlook Ridge Dr, Malden, MA, Winn Companies,” dated September 26, 2024, prepared by landscape architect, CopleyWolff Design Group, Boston, MA. 3. Set of plans, “Overlook Ridge-14B Condo, Overlook Ridge Dr. Winn Companies,” dated October 1, 2024, prepared by ICON Architecture, Boston, MA, that includes: a) 14B Floor Plans (SPR-001). b) 14B Open Space Plan (SPR-002). c) 14B Building Elevations Overview (SPR-003) dated September 26, 2024, revised October 1. d) 14B Perspectives (SPR-004). 4. Correspondence dated November 7, 2024 from Attorney Jennifer R. Schultz, Partner, Nixon Peabody, Boston, MA to Nelson Miller, Building Commissioner re: Building Permit Application, with: a) Appeal form petition for Special Permit dated October 18, 2024. b) Memorandum dated October 18, 2024 from Nixon Peabody & Winn Development to Malden Planning Board re: Lot 14B- Inclusionary Development. 5. Correspondence dated November 7, 2024 from Adam Stein, VP, WinnDevelopment Company Limited Partnership to Nelson Miller, Zoning Officer, re: Inclusionary Zoning Application for Overlook Ridge Drive, Lots 14B and 13B, which describes compliance with IZ requirements and commitment to additional affordability restrictions. 6. Certificate of the Secretary of Energy and Environmental Affairs on the 5th Notice of Project Change dated January 22, 2024. The proposal is to create the proposed Lot 14B as part of the Definitive subdivision plan approved by the Planning Board on October 23, 2024 and to construct on Lot 14B a building for multifamily residential use, with five stories and a total of eighty-two (82) units, that includes: a) thirteen (13) Affordable Housing Units, as defined by City ordinance. b) up to an additional 20 units may have an affordability/income restriction of 70-80% and with a local preference for Malden residents to the maximum extent permitted by law and funding programs. c) up to an additional 33 units may have an affordability/income restriction of 81-120% AMI and with a local preference for Malden residents to the maximum extent permitted by and funding programs. d) all home-ownership units. Counting both the required Affordable Housing Units and the proposed possible additional affordable housing units (a, b and c above), as many as 66 units may have an affordability/income restriction. Presentation by petitioner for Lot 14B: 1. Samantha Randel, WinnCompanies, WinnDevelopment, One Washington Mall, Suite 500, Boston, MA, via PowerPoint presentation; also distributed paper copy of presentation to Board members. The Board opened and concurrently held the public hearing on both petitions and received the following testimony: Page 3 of 7 PB 11/13/24 In favor: 1. Deborah Burke, Director, Office of Strategic Planning & Community Development, Malden, in favor of both petitions and also on behalf of Mayor Gary Christenson, via verbal testimony. 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 November 13, 2024 with attachments. 2. Paper copy of petitioner’s PowerPoint presentation (13 pages) for Lot 13B. 3. Paper copy of petitioner’s PowerPoint presentation (13 pages) for Lot 14B. Decision re: the petition for proposed Lot 13B: The Planning Board granted a special permit, subject to the following nine (9) conditions: 1. All development shall be as per plans, except as modified by these conditions. 2. The maximum number of dwelling units is 99; a minimum of 15 units shall be Affordable Housing Units, as defined by City Ordinance; and an additional minimum of 25 units shall be affordability/ income restricted to households at or below 80% AMI, with a local preference for Malden residents to the maximum extent permitted by law and funding programs. 3. Prior to issuance of any occupancy permit, developer/owner shall comply with all terms of the Memorandum of Understanding dated September 26, 2024 re: Affordable Housing Units, which is attached hereto and incorporated herein by reference. 4. Occupancy shall be restricted to households with head of household aged 55 years or older. 5. Developer/owner shall comply with the MEPA Certificate dated January 22, 2024 re: 5th Notice of Project Change. 6. Compliance with all conditions of the Malden Planning Board October 23, 2024 approval of the definitive subdivision plan. 7. No rights authorized by this special permit may be exercised until the approved and endorsed definitive subdivision plan that creates Lot 13B has been recorded by the petitioner/owner. 8. A minimum of 154 parking spaces shall be provided onsite for use of the residents. 9. The proposal is subject to Site Plan Review and requires compliance with Title 12.28.140 of the Code of the City of Malden; site plan and other plans may be modified if required by Site Plan Review approval. The decision is described in Case #24-04 (attached). Record of Votes re: decision for proposed Lot 13B: On the motion by Antonucci, seconded by MacCuish, to grant a special permit with nine (9) conditions, as recommended and with modified condition 2, 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 Page 4 of 7 PB 11/13/24 VERMA X IOVEN Chair X Decision re: the petition for proposed Lot 14B: The Planning Board granted a special permit, subject to the following nine (9) conditions: 1. All development shall be as per plans, except as modified by these conditions. 2. The maximum number of dwelling units is 82; a minimum of 13 units shall be Affordable Housing Units, as defined by City Ordinance; and up to an additional 20 units may have an affordability/income restriction of 70-80% AMI and up to an additional 33 units may have an affordability/income restriction of 81-120% AMI, all with a local preference for Malden residents to the maximum extent permitted by law and funding programs. 3. Prior to issuance of any occupancy permit, developer/owner shall comply with all terms of the Memorandum of Understanding dated September 26, 2024 re: Affordable Housing Units, which is attached hereto and incorporated herein by reference. 4. All units shall be home-ownership units. 5. Developer/owner shall comply with the MEPA Certificate dated January 22, 2024 re: 5th Notice of Project Change. 6. Compliance with all conditions of the Malden Planning Board October 23, 2024 approval of the definitive subdivision plan. 7. No rights authorized by this special permit may be exercised until the approved and endorsed definitive subdivision plan that creates Lot 14B has been recorded by the petitioner/owner. 8. A minimum of 144 parking spaces shall be provided onsite for use of the residents. 9. The proposal is subject to Site Plan Review and requires compliance with Title 12.28.140 of the Code of the City of Malden; site plan and other plans may be modified if required by Site Plan Review approval. The decision is described in Case #24-04 (attached). Record of Votes re: decision for proposed lot 14B: On the motion by Antonucci, seconded by Soucy, to grant a special permit with nine (9) conditions, as recommended and with modified condition 2, 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 5 of 7 PB 11/13/24 3. 194-198 Ferry Street at 186-198 Ferry Street (Parcel ID# 086 409 902)/Permit Application # CMID- 065862-2024/§12.12.030/To allow restaurant use of property in Neighborhood Business zoning district/ To add kitchen for take-out service at existing convenience store. The notice of public hearing was read into the record by Chuha. Petitioner submitted the following documentation: 1. “Floor Plan, 194 Ferry Street,” (Sheet #1), dated September 11, 2024, prepared by Tops Construction Design, Magloire Construction, Harris Magloire, Everett, MA. 2. Floor plan with kitchen fixtures, “194 Ferry Street, Malden, MA,” (Sheet #1) dated July 30, 2019, revised October 1, 2024, prepared by Tops Construction Design, Magloire Construction, Harris Magloire, Everett, MA. 3. Elevation drawing of kitchen, 194 Ferry Street, Malden, MA (Sheet #2), dated October 1, 2024, prepared by Tops Construction Design, Magloire Construction, Harris Magloire, Everett, MA. 4. Rendering of kitchen layout, 194 Ferry Street, Malden, MA (Sheet #3), dated October 1, 2024, prepared by Tops Construction Design, Magloire Construction, Harris Magloire, Everett, MA. 5. Site Plan, “Plan of Land in Malden,” dated July 26, 1992, prepared by Robert E. Grover, P.L.S., J & B Survey, Melrose, MA. 6. Building façade/elevations plan, “Storefront Renovations, 198 Ferry Street, Malden, Massachusetts,” dated May 28, 1984, revised June 11, 1984, prepared by David Frigon, Boston, MA. 7. Waiver request for floors plans of other areas of the building and building elevations, given there are no changes proposed to the other storefronts or exterior of the building. The proposal is to install a kitchen, approximately 144 square feet in size, for take-out restaurant service, at petitioner’s existing convenience store business. Presentation by petitioner: 1. Gilbert Norgil, 247 N. Main Street, Andover, MA, petitioner and operator of convenience store. 2. Aristoboul Harris Magloire, Magloire Construction, 18 Haskell Avenue, Everett, MA, contractor. The Board opened the public hearing and received the following testimony: In favor: 1. Stanley Osias, 25 Commercial Street, Apt. 133, Braintree, MA, via verbal testimony. 2. Peg Crowe, Ward 1 City Councilor, 9 Hancock Street, Malden (via email correspondence dated November 13, 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 November 13, 2024. 2. Information re: fire alarm system installed at the building from Nelson Miller, Building Commissioner, via verbal testimony. Decision: The Planning Board granted a special permit, subject to the following seven (7) conditions: 1. All development shall be as per plans, unless modified by these conditions. 2. The floor plan must be reviewed and approved by the Board of Health and may be modified if required by the Board of Health. Page 6 of 7 PB 11/13/24 3. Trash storage and solid waste disposal are subject to review and approval by the Board of Health. 4. The kitchen and restaurant use may only be accessory to the convenience store and shall be for take- out only; any expansion of the kitchen or restaurant, including the provision of tables and/or seating for on-site food service or dining, shall require seeking an amendment of this special permit. 5. The basement may be used for storage and utilities only. 6. No sale of alcoholic beverages by the convenience store is allowed. 7. Compliance with Building and Fire Codes. The decision is described in Case #24-03 (attached). Record of Votes: On the motion by Antonucci, seconded by MacCuish, to grant a special permit with seven conditions, as recommended and with modified condition 4, 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. Status Updates. 1) Community Preservation Committee. Henry provided an update. 2) Master Planning Activities. The Board received an update via a memorandum dated November 12, 2024 from Ahrehon Thompson, Office of Strategic Planning & Community Development. 3) Open Space & Recreation Plan. The Board received an update via a memorandum dated November 12, 2024 from Ahrehon Thompson, Office of Strategic Planning & Community Development. V. Next meeting: Regular meeting: December 11, 2024 at 6:30 pm. VI. Adjournment: 9:23 pm. (On the motion by Chuha, seconded by Gray, all voted in favor and the motion passed). Approved: Charles Ioven, Chair Page 7 of 7 PB 11/13/24  CITY of MALDEN PLANNING BOARD NOTICE of DECISION CASE NUMBER 24-04 LOCATION of SUBJECT PROPERTY 0 State Highway, Malden, MA NAME of PETITIONER WinnDevelopment Company LP NAME of PROPERTY OWNER Overlook Ridge LLC DATE of PUBLIC HEARING November 13, 2024 DATE of DECISION November 13, 2024 DATE of FILING DECISION with CITY CLERK November 21, 2024 DATE of NOTIFICATION to BUILDING INSPECTOR November 21, 2024 FINAL DATE for FILING APPEAL of DECISION with SUPERIOR COURT December 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 #24-04): 1. The subject property is a portion of the property known as and numbered 0 State Highway and known by City Assessor’s parcel identification number 185 575 506. 2. Two individual petitions were filed, one for the proposed Lot 13B and one for the proposed Lot 14B, however, the land that comprises each proposed lot is currently part of the same parcel, the subject property. 3. Proposed Lot 13B and proposed Lot 14B will be created as part of the definitive subdivision plan approved by the Malden Planning Board on October 23, 2024, which plan must be endorsed and recorded, subject to compliance with conditions of approval. 4. Property owner is Overlook Ridge LLC, c/o Veris Residential, 210 Hudson Street, Suite 400, Jersey City, NJ. 5. Petitioner is the pending new property owner and developer, WinnDevelopment Company LP, c/o WinnCompanies LLC, One Washington Mall, Suite 500, Boston, MA. 6. At the public hearing on November 13, 2024, petitioner was represented by Samantha Randel, WinnCompanies, WinnDevelopment Company LP, One Washington Mall, Suite 500, Boston, MA. 7. The petition filed in permit application number CMID 068997-2024 seeks a special permit under Title 12, Chapter 12, Section 300 of the Code of the City of Malden (the Ordinance), for an Inclusionary Development on proposed Lot 13B, located in the Rowe’s Quarry Reclamation and Redevelopment District, Subdistrict RQ3, namely, a multifamily dwelling with a total of ninety-nine units, including fifteen Affordable Housing Units. 8. The petition filed in permit application number CMID 068998-2024 seeks a special permit under Title 12, Chapter 12, Section 300 of the Code of the City of Malden (the Ordinance), for an Inclusionary Development on proposed Lot 14B, located in the Rowe’s Quarry Reclamation and Redevelopment District, Subdistrict RQ3, namely, a multifamily dwelling with a total of eighty-two units, including thirteen Affordable Housing Units. 9. The following plans and information were submitted in support of the petition for proposed Lot 13B: A) set of plans, “PERMIT SITE PLAN Overlook Ridge Drive Lot 13B-Senior Housing, Malden, Massachusetts 02148 for Winn Companies,” dated August 22, 2024, revised September 26, 2024, that includes “Existing Conditions Plan of Land in Malden, MA” (EC), dated August 22, 2024, revised through September 25, 2024, prepared by Wayne C. Jalbert, P.L.S., Hancock Associates, Danvers, MA; and Site Preparation and Erosion Control Plan (C-1), Layout and Materials Plan (C-2), Grading and Drainage Plan (C-3), and Utility Plan (C-4), all dated August 22, 2024, revised September 26, 2024, prepared by Katherine A. Cruz, P.E., Hancock Associates, Danvers, MA; B) Overall Site Plan (L-100), “Overlook Ridge-13B, Overlook Ridge Dr, Malden, MA, Winn Companies,” dated July 8, 2024, prepared by landscape architect, CopleyWolff Design Group, Boston, MA; C) set of plans, “Overlook Ridge-13B Senior, Overlook Ridge Dr., Winn Companies,” dated October 1, 2024, prepared by ICON Architecture, Boston, MA, that includes 13B Floor Plans (SPR-001), 13B Open Space Plan (SPR-002), 13B Building Elevations Overview (SPR-003), 13B Perspectives (SPR-004; and D) correspondence dated November 7, 2024 from Attorney Jennifer R. Schultz, Partner, Nixon Peabody, Boston, MA to Nelson Miller, Building Commissioner re: Building Permit Application, with Appeal form petition for Special Permit dated October 18, 2024 and Memorandum dated October 18, 2024 from Nixon Peabody & Winn Development to Malden Planning Board re: Lot 13B- Inclusionary Development. 10. The following plans and information were submitted in support of the petition for proposed Lot 14B: A) set of plans, “PERMIT SITE PLAN Lot 14B-Condominiums, Overlook Ridge Drive, Malden, Massachusetts 02148 for Winn Companies,” dated August 27, 2024, revised September 26, 2024, that includes “Existing Conditions Plan of Land in Malden, MA” (EC), dated August 27, 2024, revised September 23, 2024, stamped September 25, 2024, prepared by Wayne C. Jalbert, P.L.S., Hancock Associates, Danvers, MA; and Page 1 of 4  Erosion and Sedimentation Control Plan (C-1), Layout and Materials Plan (C-2), Grading and Drainage Plan (C-3), and Utility Plan (C-4), all dated August 27, 2024, revised September 26, 2024, prepared by Katherine A. Cruz, P.E., Hancock Associates, Danvers, MA; B) Overall Site Plan (L-100), “Overlook Ridge-14B Overlook Ridge Dr, Malden, MA, Winn Companies,” dated September 26, 2024, prepared by landscape architect, CopleyWolff Design Group, Boston, MA; C) set of plans, “Overlook Ridge-14B Condo, Overlook Ridge Dr. Winn Companies,” dated October 1, 2024, prepared by ICON Architecture, Boston, MA, that includes 14B Floor Plans (SPR-001), 14B Open Space Plan (SPR-002), 14B Building Elevations Overview (SPR-003) dated September 26, 2024, revised October 1, 2024, 14B Perspectives (SPR-004); and D) correspondence dated November 7, 2024 from Attorney Jennifer R. Schultz, Partner, Nixon Peabody, Boston, MA to Nelson Miller, Building Commissioner re: Building Permit Application, with Appeal form petition for Special Permit dated October 18, 2024 and Memorandum dated October 18, 2024 from Nixon Peabody & Winn Development to Malden Planning Board re: Lot 14B- Inclusionary Development. 11. The following information was submitted in support of both petitions: correspondence dated November 7, 2024 from Adam Stein, VP, WinnDevelopment Company Limited Partnership to Nelson Miller, Zoning Officer, re: Inclusionary Zoning Application for Overlook Ridge Drive, Lots 14B and 13B, which describes compliance with IZ requirements and commitment to additional affordability restrictions; and the Certificate of the Secretary of Energy and Environmental Affairs on the 5th Notice of Project Change dated January 22, 2024. 12. Both proposals require Site Plan Review, per §12.28.140 of the Ordinance, and each proposed lot is the subject of a pending application for Site Plan Review, to be considered by the Rowe’s Quarry Site Plan Review Committee at a public project review meeting, tentatively scheduled for December 16, 2024. 13. The City provided notice of the public hearing for both petitions with one single notice; the public hearings were held concurrently; and the public hearings complied with the notice requirements of §12.32.020(K) of the Ordinance and Massachusetts General Laws, Chapter 40A, §11. FINDINGS of FACT (Case #24-04): The City of Malden Planning Board finds the following facts: 1. Proposed Lot 13B and proposed Lot 14B are currently part of the subject property and will be created as part of the definitive subdivision plan approved by the Malden Planning Board on October 23, 2024. 2. The subject property is part of a larger parcel, approximately 14.36 acres in total; and this parcel is the remaining vacant and undeveloped part of a larger development site, known as Overlook Ridge, comprised of approximately 99 acres, 54 acres in Malden and 45 acres in Revere, formerly the site of Rowe’s Quarry. 3. To date, all land in the Malden portion of the site is developed for multifamily residential use, namely, 1,244 rental apartments in ten buildings, except for a convenience store in one building; and in Revere portion, approximately 733 rental units in four multifamily buildings, and a joint Malden-Revere Fire Station. 4. All development of the larger site is subject to compliance with the Land Reclamation Agreement between the property owners and Cities of Malden and Revere, in effect since January 2001 and currently extended through March 2027; the Massachusetts Environmental Policy Act (MEPA) review and certificates issued since 1999, most recently January 22, 2024 for the 5th Notice of Project Change; and the master plan, which is currently, the “Master (Concept) Plan,” dated July 17, 2024. 5. The proposal for Lot 13B, to construct a multifamily dwelling with ninety-nine units, is an Inclusionary Development, as defined by §12.12.300 of the Ordinance. 6. The proposal for Lot 13B requires a minimum of 14.85 Affordable Housing Units, which is 15% of the total number of dwelling units, per §12.12.300 of the Ordinance. 7. The proposal for Lot 14B, to construct a multifamily dwelling with eighty-two units, is an Inclusionary Development, as defined by §12.12.300 of the Ordinance. 8. The proposal for Lot 14B requires a minimum of 12.3 Affordable Housing Units, which is 15% of the total number of dwelling units, per §12.12.300 of the Ordinance. 9. For both proposals, the developer elects to round up and provide one additional Affordable Housing Unit for the fractional unit, as an Alternative Method of Compliance, per §12.12.300 of the Ordinance. 10. The proposal for Lot 13B is to provide fifteen Affordable Housing Units on-site. 11. The proposal for Lot 14B is to provide thirteen Affordable Housing Units on-site. 12. The proposal for Lot 13B complies with the Inclusionary Zoning requirements of §12.12.300 of the Ordinance, as described in the correspondence regarding compliance dated November 7, 2024 from Ben Gately, Housing Program Coordinator, City of Malden Office of Strategic Planning & Community Development, and the Memorandum of Understanding dated September 26, 2024 between the City and petitioner, regarding future compliance for Lottery Plan, Marketing Plan and Draft Legal instruments for Preservation of Affordability. Page 2 of 4 13. In addition to the Affordable Housing Units required by the Ordinance, the proposal for Lot 13B is to provide additional affordable housing, namely, twenty-five units that will have an affordability/income restriction of at or below 80% Area Median Income, and with a local preference for Malden residents to the maximum extent permitted by law and funding programs. 14. Under the proposal for Lot 13B, all units will be rental units, and all units will have an age restriction that the head of household must be age 55 years or older. 15. The proposal for Lot 14B complies with the Inclusionary Zoning requirements of §12.12.300 of the Ordinance, as described in the correspondence regarding compliance dated November 7, 2024 from Ben Gately, Housing Program Coordinator, City of Malden Office of Strategic Planning & Community Development, and the Memorandum of Understanding dated September 26, 2024 between the City and petitioner, regarding future compliance for Lottery Plan, Marketing Plan and Draft Legal instruments for Preservation of Affordability. 16. Under the proposal for Lot 14B, all units will be homeownership units. 17. In addition to the Affordable Housing Units required by the Ordinance, the proposal for Lot 14B is to provide additional affordable housing, depending on funding, namely, up to twenty units with an affordability/income restriction of 70-80% Area Median Income, and up to thirty-three units with an affordability/income restriction of 81-120% Area Median Income, all with a local preference for Malden residents to the maximum extent permitted by and funding programs. 18. Proposed Lot 13B and proposed Lot 14B are located on land classified as part of the zoning district, Subdistrict RQ3 of the Rowe’s Quarry Reclamation and Redevelopment District (RQRRD). 19. Both proposals are to construct a building with five stories for multifamily dwelling use, and this use is allowed in this district by Site Plan Review, per §12.28.140 of the Ordinance. 20. The Highway Business zoning district abuts the larger development site to the north and south; to the east, state Highway Route One; and on the other side of Route One, the Residence A zoning district. 21. Direct abutters to the Malden portion of the overall site are, to the south, single-family and two-family dwellings on Vining Street and Salem Street, and to the northeast, a self-storage facility. 22. Surrounding land uses are residential, business, institutional, and the abandoned railroad right-of-way, which contains a public multimodal recreational trail, Bike to the Sea/Northern Strand Community Trail. 23. Both proposals comply with the dimensional regulations for Subdistrict RQ3 of RQRRD, per §12.28.140.D of the Ordinance; and compliance with open space requirements and frontage requirements are subject to Site Plan Review, per §§12.28.140.D.4.b(3) and 12.28.140.D.5.e of the Ordinance. 24. Neither proposal requires nor uses the Density Bonus, Incentives provision of the Inclusionary Zoning Ordinance, per §12.12.300.E.1 of the Ordinance. 25. Both proposals comply with the Parking Adjustment, Incentives provision of the Inclusionary Zoning Ordinance, and the parking requirements for multifamily use in Subdistrict RQ3, which are the same, namely, one space per Affordable Housing Unit, per §§12.12.300.F.3 and 12.28.140.F.3 of the Ordinance. 26. The proposal for Lot 13B requires 141 parking spaces onsite and provides 154 parking spaces. 27. The proposal for Lot 14B requires 117 parking spaces onsite and provides 144 parking spaces. 28. Certain requirements, such as parking layout, driveways, bicycle parking, landscaping, snow storage, screening, trash and loading, are regulated through the Site Plan Review process, per §12.28.140 of the Ordinance. 29. Traffic impact for the proposals will be reviewed under the Site Plan Review process, per §12.28.140.E.4.e of the Ordinance, which provides that a final certificate under MEPA from the Secretary of the Executive Office of Environmental Affairs that authorizes the proposed development may be substituted for the required traffic impact study; and the Certificate issued January 22, 2024 may be considered during that process. 30. The Mayor and the Office of Strategic Planning & Community Development are in support of both proposals. 31. There is no public opposition to either proposal. 32. As modified by the proposed conditions of the special permit, the proposal for proposed Lot 13B complies with the requirements of the Inclusionary Zoning Ordinance, and with other applicable provisions of the Ordinance. 33. As modified by the proposed conditions of the special permit, the proposal for proposed Lot 14B complies with the requirements of the Inclusionary Zoning Ordinance, and with other applicable provisions of the Ordinance. DECISIONS (Case #24-04): On November 13, 2024, pursuant to the foregoing Findings of Fact, the Planning Board granted the petition for a special permit for proposed Lot 13B, subject to the following nine conditions: 1. All development shall be as per plans, except as modified by these conditions. 2. The maximum number of dwelling units is 99; a minimum of 15 units shall be Affordable Housing Units, as defined by City Ordinance; and an additional minimum of 25 units shall be affordability/income restricted to Page 3 of 4  households at or below 80% AMI, with a local preference for Malden residents to the maximum extent permitted by law and funding programs. 3. Prior to issuance of any occupancy permit, developer/owner shall comply with all terms of the Memorandum of Understanding dated September 26, 2024 re: Affordable Housing Units, which is attached hereto and incorporated herein by reference. 4. Occupancy shall be restricted to households with head of household aged 55 years or older. 5. Developer/owner shall comply with the MEPA Certificate dated January 22, 2024 re: 5th Notice of Project Change. 6. Compliance with all conditions of the Malden Planning Board October 23, 2024 approval of the definitive subdivision plan. 7. No rights authorized by this special permit may be exercised until the approved and endorsed definitive subdivision plan that creates Lot 13B has been recorded by the petitioner/owner. 8. A minimum of 154 parking spaces shall be provided onsite for use of the residents. 9. The proposal is subject to Site Plan Review and requires compliance with Title 12.28.140 of the Code of the City of Malden; site plan and other plans may be modified if required by Site Plan Review approval. On November 13, 2024, pursuant to the foregoing Findings of Fact, the Planning Board granted the petition for a special permit for proposed Lot 14B, subject to the following nine conditions: 1. All development shall be as per plans, except as modified by these conditions. 2. The maximum number of dwelling units is 82; a minimum of 13 units shall be Affordable Housing Units, as defined by City Ordinance; and up to an additional 20 units may have an affordability/income restriction of 70- 80% AMI and up to an additional 33 units may have an affordability/income restriction of 81-120% AMI, all with a local preference for Malden residents to the maximum extent permitted by law and funding programs. 3. Prior to issuance of any occupancy permit, developer/owner shall comply with all terms of the Memorandum of Understanding dated September 26, 2024 re: Affordable Housing Units, which is attached hereto and incorporated herein by reference. 4. All units shall be homeownership units. 5. Developer/owner shall comply with the MEPA Certificate dated January 22, 2024 re: 5th Notice of Project Change. 6. Compliance with all conditions of the Malden Planning Board October 23, 2024 approval of the definitive subdivision plan. 7. No rights authorized by this special permit may be exercised until the approved and endorsed definitive subdivision plan that creates Lot 14B has been recorded by the petitioner/owner. 8. A minimum of 144 parking spaces shall be provided onsite for use of the residents. 9. The proposal is subject to Site Plan Review and requires compliance with Title 12.28.140 of the Code of the City of Malden; site plan and other plans may be modified if required by Site Plan Review approval. RECORD of VOTES (Case #24-04): On November 13, 2024, on the motion by Antonucci, seconded by MacCuish, to grant the petition for a special permit for proposed Lot 13B, subject to nine conditions, the vote was nine in favor, none opposed, and the motion passed (9-0): Antonucci, yes; Chuha, yes; Gray, yes; Hayes, yes; Henry, yes; MacCuish, yes; Soucy, yes; Stone, yes; Ioven, yes. [Gebreselassie, Verma, absent]. On November 13, 2024, on the motion by Antonucci, seconded by Soucy, to grant the petition for a special permit for proposed Lot 14B, subject to nine conditions, the vote was nine in favor, none opposed, and the motion passed (9-0): Antonucci, yes; Chuha, yes; Gray, yes; Hayes, yes; Henry, yes; MacCuish, yes; Soucy, yes; Stone, yes; Ioven, yes. [Gebreselassie, Verma, absent]. 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 4 of 4  CITY of MALDEN PLANNING BOARD NOTICE of DECISION CASE NUMBER 24-03 LOCATION of SUBJECT PROPERTY 194-198 Ferry Street at 186-198 Ferry Street, Malden, MA NAME of PETITIONER Gilbert Norgil NAME of PROPERTY OWNER Poplar Hill Trust DATE of PUBLIC HEARING November 13, 2024 DATE of DECISION November 13, 2024 DATE of FILING DECISION with CITY CLERK November 19, 2024 DATE of NOTIFICATION to BUILDING INSPECTOR November 19, 2024 FINAL DATE for FILING APPEAL of DECISION with SUPERIOR COURT December 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 #24-03): 1. The subject property is known as and numbered 186-198 Ferry Street and by City Assessor’s parcel identification number 086409902, and the subject of the petition is the part of the building known as 194-198 Ferry Street. 2. The property owner is Poplar Hill Trust, c/o Antonia Shelzi, Bradley Properties LLC, PO Box 440364, Somerville, MA, and authorized the filing of this petition. 3. The petitioner is Gilbert Norgil, 247 North Main Street, Andover, MA, who is the current lessee/tenant and owner and operator of the existing business at the subject premises, Louis Convenience Store. 4. At the public hearing, the petitioner represented himself, and petitioner was also represented by his contractor, Aristoboul Harris Magloire, Magloire Construction, 18 Haskell Avenue, Everett, MA. 5. The petition in permit application #CMID 065862-2024 seeks a special permit under Title 12.12.030 of the Code of the City of Malden (the “Ordinance”) to allow restaurant use of property in the Neighborhood Business zoning district, namely, to install a kitchen in the existing convenience store for take-out restaurant service. 6. The following plans were submitted in support of the petition: a) prepared by Tops Construction Design, Magloire Construction, Harris Magloire, Everett, MA: “Floor Plan, 194 Ferry Street,” (Sheet #1), dated September 11, 2024; floor plan with kitchen fixtures, “194 Ferry Street, Malden, MA,” (Sheet #1) dated July 30, 2019, revised October 1, 2024; elevation drawing of kitchen, 194 Ferry Street, Malden, MA (Sheet #2), dated October 1, 2024; rendering of kitchen layout, 194 Ferry Street, Malden, MA (Sheet #3), dated October 1, 2024; b) prior site plan, “Plan of Land in Malden,” dated July 26, 1992, prepared by Robert E. Grover, P.L.S., J & B Survey, Melrose, MA; and c) prior building façade/elevations plan, “Storefront Renovations, 198 Ferry Street, Malden, Massachusetts,” dated May 28, 1984, revised June 11, 1984, prepared by David Frigon, Boston, MA. 7. Petitioner requests a waiver of filing requirements for updated site plan, floors plans of other areas of the building and building elevations, given there are no changes proposed to the site, other storefronts or building exterior. 8. 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 #24-03): The City of Malden Planning Board finds the following facts: 1. The property is the site of a single-story building with three storefronts, currently occupied as follows: petitioner’s convenience store, approximately 1,300 square feet at 194-198 Ferry Street; hair salon, approximately 450 square feet at 192 Ferry Street; and a liquor store, approximately 2,000 square feet at 188 Ferry Street. 2. The proposal is to install a kitchen, approximately 144 square feet in size, in the existing convenience store, to provide take-out restaurant service. 3. The property is classified as part of the Neighborhood Business zoning district. 4. Convenience stores may be allowed by special permit in this district, per §12.12.030, and the existing convenience store was allowed by special permit granted in Case #07-02. 5. The existing retail sales and retail services uses of the property are allowed by right in this zoning district, per §12.12.030 of the Ordinance. 6. The proposed restaurant may be allowed by special permit in this district per §12.12.030 of the Ordinance, and the proposal also requires an amendment of the special permit granted in Case #07-02, which includes the condition, “No food prepared on premises.” 7. Direct abutters are, to the south, a multifamily dwelling; to the east, in the rear/eastern part of the same building located on a separate parcel, a manufacturing business; and to the north, a funeral home; to the west, on the opposite side of Ferry Street, multifamily dwellings, a two-family dwelling, restaurants and convenience store. Page 1 of 2 8. Surrounding land uses are residential and various businesses, including restaurants, motor vehicle repair shop, retail services and bank offices. 9. The proposal is not in conflict with surrounding land uses. 10. The building on the property predates the current zoning ordinance; violates all existing dimensional controls, except frontage and height, including complete violations of all yard setbacks; and is considered preexisting nonconforming, per §§12.16.010 and 12.28.010 of the Ordinance. 11. The proposal maintains the same nonconformities. 12. The existing use of the property requires at least fourteen parking spaces; there is no parking onsite; and the property is considered preexisting nonconforming, per §§12.20.010 and 12.28.010 of the Ordinance. 13. If the proposed restaurant is considered an accessory use, it is included in the parking requirements for the convenience store, per §12.20.020.I.10 of the Ordinance, and the proposal does not increase parking violations. 14. Petitioner’s customers use on-street parking, and according to petitioner, employees use public transit and have permission to park at the abutting property to the north, the funeral home. 15. The proposal does not require a traffic impact study, per the Planning Board’s Rules and Procedures. 16. 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. 17. Petitioner currently operates the existing convenience store and will continue under the proposal. 18. Petitioner’s proposal is for a restaurant with take-out food service only; no tables for dining are proposed; and a bench and counter with stools for customers waiting are proposed. 19. Petitioner’s proposed menu includes items such as soups, meats, rice and fries. 20. The proposal to install the kitchen requires changes to the interior of the building and renovation of the existing store layout, as shown on the floor plan. 21. Petitioner currently has three employees for the store, including himself, and he expects to hire three additional employees for the proposed kitchen. 22. Petitioner intends to store trash inside the store and will use a private trash removal service. 23. The existing convenience store has current permits from the Malden Board of Health for food service, namely, milk, ice cream, retail foods-convenience store, and tobacco and nicotine delivery products. 24. The proposal requires a food establishment permit; the Board of Health approved the floor plan with kitchen fixtures in 2023; and the Board will need to review and approve the updated floor plan. 25. The Building Commissioner has verified that a code-compliant fire alarm system is currently installed. 26. As modified by the proposed conditions of the special permit, the proposal will not be more detrimental to the neighborhood. 27. The Ward 1 City Councilor and one patron of petitioner’s current business are in favor of the proposal. 28. There is no public opposition to the proposal. 29. As modified by the proposed conditions of the special permit, the proposal is in the interest of the common good. DECISION (Case #24-03): On November 13, 2024, pursuant to the foregoing Findings of Fact, the Planning Board granted a special permit, subject to the following seven (7) conditions: 1. All development shall be as per plans, unless modified by these conditions. 2. The floor plan must be reviewed and approved by the Board of Health and may be modified if required by the Board of Health. 3. Trash storage and solid waste disposal are subject to review and approval by the Board of Health. 4. The kitchen and restaurant use may only be accessory to the convenience store and shall be for take-out only; any expansion of the kitchen or restaurant, including the provision of tables and/or seating for on-site food service or dining, shall require seeking an amendment of this special permit. 5. The basement may be used for storage and utilities only. 6. No sale of alcoholic beverages by the convenience store is allowed. 7. Compliance with Building and Fire Codes. RECORD of VOTES (Case #24-03): The vote on the motion by Antonucci, seconded by MacCuish, to grant a special permit with seven (7) conditions was nine in favor, none opposed, and the motion passed (9-0): Antonucci, yes; Chuha, yes; Gray, yes; Hayes, yes; Henry, yes; MacCuish, yes; Soucy, yes; Stone, yes; Ioven, yes. [Gebreselassie, Verma, absent]. 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