Planning Board

CITY of MALDEN PLANNING BOARD Minutes of Regular Meeting Meeting Date: December 11, 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 6:32 pm. Ioven announced that under the provisions of the Open Meeting Law, attendees are informed that this meeting is being recorded by Urban Media Arts, formerly known as Malden Access Television, 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 (joined the meeting 8:43 p.m.) Chuha, Diane Gebreselassie, Tewedaj Hayes, Patrick Henry, Eric MacCuish, Eric Stone, Stephanie Verma, Vikas Ronnie Raj Ioven, Charles, Chair Planning Board members absent: Antonucci, Kenneth (absent until 8:43 p.m.); Gray, Resa; Soucy, Henri. Planning Staff in attendance: Michelle Romero, City Planner. Councilor Amanda Linehan, Chair of the City Council Ordinance Committee, called the Committee to order and took a roll call. City Council Ordinance Committee Members in attendance: Linehan, Amanda, Ward 3 City Councilor, Committee Chair Crowe, Peg, Ward 1 City Councilor Ryan O’Malley, Ward 4 City Councilor City Council Ordinance Committee Members absent: Chris Simonelli, Ward 7 City Councilor; Sica, Jadeane, Ward 8 City Councilor ----------------------------------------------------------------------------------------------------------------------------------------- III. PUBLIC MEETING. A. Subdivision Control/M.G.L. c. 41, §81S and Rules & Regulations of Malden Planning Board Governing Subdivision of Land. 1. 17 Columbia Street (Parcel ID #134 654 403), 25 Columbia Street (Parcel ID # 134 654 404), 28 Lebanon Street (Parcel ID # 134 654 420L), 12-24 Lebanon Street (Parcel ID # 134 654 421). Permit Application # CMID-069525-2024 Application for Tentative Approval of Preliminary Plan/To merge all parcels and subdivide combined land (1.25 acres) to create three lots, three parcels, and roadway. Chuha read the notice of meeting from the agenda. Page 1 of 11 PB 12/11/24 Petitioner submitted the following information: 1. “Proposed Site Plan Documents for Mystic Valley Regional Charter School, Proposed Preliminary Subdivision Plans, Location of Site 17 & 25 Columbia Street, 28 Lebanon Street, Middlesex County, Malden, MA, Map: 134/Blk: 654/Lot(s): 403, 404, 420L, 421,” dated November 11, 2024, prepared by Stephen P. Martorano, Professional Engineer, Bohler, 45 Franklin Street, Boston, MA. 2. Correspondence dated November 14, 2024 from Stephen P. Martorano, P.E. and Avi Pramanik, Bohler, re: filing of Application. The Board reviewed the Application and plan and the following documentation at the meeting: 1. Planning Report & Recommendation dated December 11, 2024. Decision: The Planning Board decided to deny the Application for Tentative Approval of the Preliminary Plan for failure to comply with the following Rules and Regulations of the Malden Planning Board Governing the Subdivision of Land: 1. Section V.A.1.a (Connection to Public Way). The proposed right-of-way connects to Lebanon Street within immediate and dangerous proximity to the signalized intersection of Lebanon, Salem and Maplewood Streets; directly conflicts with the intersection and creates a traffic and safety hazard; and at the proposed point of connection, Lebanon Street does not have sufficient width and adequate construction in terms of design for the needs of vehicular traffic. 2. Section V.A.1.c (Design for Safe Vehicular Travel). The design of the proposed street will not provide safe vehicular travel, given its failure to comply with various Design Standards for Streets, Sections V.A.1.a, V.A.1.e.i, V.A.3.a, V.A.5.c and V.G.1. 3. Section V.A.1.e.i (Classification). The proposed right-of-way is incorrectly designed to be classified as a Class B street and requires design for classification as a Class A street. 4. Section V.A.3.a (Width of Street). The proposed right-of-way does not comply with the required width for a Class A street. 5. Section V.A.3.a (Width of Roadway). The proposed right-of-way does not comply with the required width for a Class A street. 6. Section V.A.5.c (Intersections). The proposed property lines at proposed street intersections are not rounded to the required radius. 7. Section V.C.5 (Lots and Blocks). The proposed subdivision does not comply with the requirement re: angles of lot sidelines. 8. Section V.G.1 (Adequacy of Access via Existing Adjacent Streets: Safety). The proposed subdivision will not ensure vehicular and pedestrian safety and access; and will overly strain the capacity of existing streets so as to result in traffic congestion and safety problems and otherwise interfere with access. The decision is described in correspondence to City Clerk from Romero dated December 17, 2024 (attached). Record of Votes: On the motion by MacCuish, seconded by Henry, to deny the Application, the vote was all in favor and the motion passed (8-0): Yes No Absent Abstained Recused Not Voting ANTONUCCI X CHUHA X GEBRESELASSIE X GRAY X HAYES X Page 2 of 11 PB 12/11/24  HENRY X MacCUISH X SOUCY X STONE X VERMA X IOVEN Chair X ------------------------------------------------------------------------------------------------------------- 2. 12 Jacob Street (Parcel ID #133 663 308), 16 Jacob Street (Parcel ID #133 663 307), 20 Jacob Street (Parcel ID #133 663 306), no # Granite Street (Parcel ID #133 663 302), Rear Granite Street (Parcel ID #133 663 318), 31 Granite Street (Parcel ID#133 663 303, 4 Laurel Street (Parcel ID #133 663 301B), 50 Laurel Street (Parcel ID #133 663 301A. Permit Application # CMID-069527-2024 Application for Tentative Approval of Preliminary Plan/To merge all parcels and subdivide combined land (2.23 acres) to create five lots, two parcels, and roadway. Chuha read the notice of meeting from the agenda. Petitioner submitted the following information: 1. “Proposed Site Plan Documents for Mystic Valley Regional Charter School, Proposed Preliminary Subdivision Plans, Location of Site 12, 16 & 20 Jacob Street, 31 Granite Street, 4 & 50 Laurel Street, Middlesex County, Malden, MA, Map: 133/Blk: 663/Lot(s): 301A, 301B, 302, 303, 306, 307, 308, 318,” dated November 11, 2024, prepared by Stephen P. Martorano, Professional Engineer, Bohler, 45 Franklin Street, Boston, MA. 2. Correspondence dated November 14, 2024 from Stephen P. Martorano, P.E. and Avi Pramanik, Bohler, re: filing of Application. The Board reviewed the Application and plan and the following documentation at the meeting: 1. Planning Report & Recommendation dated December 11, 2024. Decision: The Planning Board decided to deny the Application for Tentative Approval of the Preliminary Plan for failure to comply with the following Rules and Regulations of the Malden Planning Board Governing the Subdivision of Land: 1. Section V.A.1.a (Connection to Public Way). The proposed roadway with proposed connection at Laurel Street may conflict with adjacent intersections on Laurel Street and create a traffic and safety hazard. 2. Section V.A.1.c (Design for Safe Vehicular Travel). Given the connection point at Laurel Street, the design of the proposed street will not provide safe vehicular travel. 3. Section V.C.4 (Lots and Blocks). The proposed subdivision does not comply with this requirement. Proposed Lot 7 has access to two parallel streets, the proposed right-of-way and Granite Street, less than 200 feet in depth. 4. Section V.C.5 (Lots and Blocks). The proposed subdivision does not comply with this requirement. Proposed Lots 3, 4, 5, 6 and 7 have sidelines that are not at the required right angles to the street centerline of the proposed right-of-way. The decision is described in correspondence to City Clerk from Romero dated December 17, 2024 (attached). Record of Votes: On the motion by MacCuish, seconded by Henry, to deny the Application, the vote was all in favor and the motion passed (8-0): Page 3 of 11 PB 12/11/24  Yes No Absent Abstained Recused 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 HEARINGS. A. Zoning Amendments: Joint Public Hearing with City Council Ordinance Committee Section 12.32.050.A, Title 12, Code of City of Malden (MCC). The notice of public hearing that provides notice for all four zoning amendments was read into the record by Chuha. 1. Section 12.12.500 (new), MCC (Use Regulations) (CCP 356/2024). To establish regulations and requirements for Site Plan Review for Educational, Religious and/or Child Care Facilities. Ward 6 City Councilor Stephen Winslow, sponsor of the paper, presented the zoning amendment proposal. The Board opened the public hearing and received the following public comment: In favor: 1. Janet Green, 57 Rocky Nook, Malden (via email dated December 10, 2024). 2. Peter Piazza, 1 Manley Terrace, Malden (via correspondence sent via email dated December 11, 2024). In opposition: 1. Jennifer Schultz, NixonPeabody, attorney for Mystic Valley Regional Charter School (via verbal testimony; also submitted same comments via correspondence dated December 9, 2024 and caselaw, Bay Farm Montessori Academy, Inc. v. Town of Duxbury, 2007). 2. Kevin Larson, 44 Bowman Street, Malden (via verbal testimony). 3. Rick Veilleux, Assistant Superintendent, Finance & Operations, Mystic Valley Regional Charter School, 4 Laurel Street, Malden (via verbal testimony). The Board closed the public hearing. The Board discussed the proposed amendments and deliberated. The Board reviewed the following documentation at the meeting: 1. Planning Report & Recommendation dated December 11, 2024 with attachments. 2. City Council Paper 356/2024. Page 4 of 11 PB 12/11/24 Decision: The Planning Board recommends to the City Council the following: I. Obtain review of the proposed amendments by the City Solicitor and opinion of the City Solicitor re: legality of the proposed amendments and consistency with M.G.L. c. 40A, §3. II. Approval of the proposed amendments, as submitted, subject to the above-referenced review and opinion of the City Solicitor, and with the following revisions: A. Section 12.12.500.A (Purpose and Intent). Add “or childcare facility use” B. Section 12.12.500.B (Applicability). 1) Delete the phrase, “with a gross floor area exceeding 2,500 square feet, or surface parking exceeding 2,500 square feet.” 2) Add the following provision: “Site Plan Review shall be required for child care facilities identified by M.G.L. c. 40A, Section 3, namely, Group and School Age Child Care programs, as defined by the state Department of Early Education and Care.” C. Section 12.12.500.C (Relationship to the Building Permit and Occupancy Permit). Delete the proposed provision in its entirety and insert in its place: “The Building Inspector shall not issue a building permit unless and until a Site Plan Review has been completed, and a letter with site plan conditions, if any, has been forwarded to the Building Inspector by the SPRC within the time frame noted in Section F. If the site plan review letter contains specific conditions, said conditions shall become conditions for the issuance of the building permit, among others, that the Building Inspector may require. Further, the Building Inspector shall not issue a final occupancy permit unless and until all site plan conditions as required by the SPRC have been implemented by the developer.” D. Section 12.12.500.E.2 (Site Plan Review Committee, Operation). 1) Delete the first sentence in its entirety (begins, “If the Building Commissioner determines the applications requires variance….the Zoning Board of Appeals.”) 2) In second, third & fourth paragraphs, delete “Board of Appeal” and insert “SPRC.” E. Section 12.12.500.F (Review Schedule). 1) Delete the first sentence in its entirety and insert in its place: “The SPRC shall hold a public project review meeting with the applicant no later than 45 days after submitting the proposed site plan to the Building Commissioner. The SPRC shall hold as many meetings as necessary within a 65-day review period to review the proposal. However, within 65 days of the submission of the plan to the Building Commissioner the SPRC shall provide recommendations in writing to the Building Commissioner. If no action is taken within 65 days, the application shall be deemed approved as submitted and the applicant may apply for a building permit without a Site Plan Review letter.” 2) Delete the second paragraph in its entirety. 3) Delete the last sentence in its entirety. F. Section 12.12.500.H (Site Plan Review Criteria). 1) From the first sentence, delete the phrase “and requests for zoning variance and.” 2) From item 1., delete phrases, "Comment to the Zoning Board of Appeals and” and “variances for.” G. Section 12.12.500.I (Expiration). Delete the first sentence in its entirety and insert in its place: “A Site Plan Review approval will expire on the date that is one year from date of notice of Site Plan Approval to the Building Inspector unless a building permit has been issued or unless otherwise specified by the Site Plan Review Committee.” The decision is described in correspondence dated December 12, 2024 to City Council from Romero (attached). Page 5 of 11 PB 12/11/24 Record of Votes: On the motion by Chuha, seconded by MacCuish, to make the recommendations discussed re: the proposed amendments to the City Council, the vote was five in favor, three opposed, and the motion passed (5-3): Yes No Absent Abstained Recused 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 ----------------------------------------------------------------------------------------------------------------------- At approximately 8:43 p.m., Ioven announced that Antonucci joined the meeting and the Board. At approximately 8:43 p.m., Ioven announced the meeting would adjourn temporarily for a brief recess. At approximately 8:48 p.m., the Board and Committee reconvened, and Ioven called the meeting back to order. ---------------------------------------------------------------------------------------------------------------------- 2. Various Administrative and Miscellaneous Revisions (CCP 376/2024). a. Sections 12.12.010A & 12.12.030 (Use Regulations): provisions re: dwelling multifamily, more than 6 not to exceed 7 stories; daycare centers; nonprofit schools. b. Sections 12.28.010.B, C, D, E, F and H (Nonconforming Uses, Lot, Buildings and Structures): provisions re: single and two-family dwellings; three-family dwellings; Residence A, B and C zoning districts; Residential Office, business and industrial zoning districts; extension; abandonment/non-use, extinguishment. c. Sections 12.20.020.H (General Offstreet Parking Requirements, Central Business District): provisions re: reduction. d. Section 12.32.030.B (Certificate and Permits, Special Permits): provisions re: administration; voting threshold. e. Sections 12.12.140.F (Site Plan Review Committee), 12.28.140.E (Rowe’s Quarry Site Plan Review Committee), 12.32.060 (Definition of Working Artist): provisions re: MRA. Ward 3 City Councilor Amanda Linehan, sponsor of the paper, presented the zoning amendment proposal. The Board opened the public hearing and received the following public comment: In favor: None. In opposition: None. The Board closed the public hearing. Page 6 of 11 PB 12/11/24 The Board discussed the proposed amendments and deliberated. The Board received and reviewed the following documentation and information at the meeting: 1. Planning Report & Recommendation dated December 11, 2024. 2. City Council Paper 376/2024. 3. Information from Building Commissioner Nelson Miller (via verbal testimony). Decision: The Planning Board recommends to the City Council approval of the proposed amendments as submitted and with the following revisions: a) Section 12.28.010.C. Revise the proposed amendment to read as follows: “Provided that Aany addition or extension shall comply with the current Ordinance, including but not limited to dimensional controls and parking requirements, or shall seek and obtain a variance to allow any nonconformities.” b) Section 12.28.010.D. Revise the following provision of the proposed amendment to read as follows: “For d Dormer addition(s) to a preexisting nonconforming residential dwelling regulated by this section, dormer addition(s) that increase the gross floor area of the floor where the dormer(s) is located by 50% or less shall not require a special permit, provided that any addition or extension shall comply with the current Ordinance, including but not limited to dimensional controls and parking requirements, or shall seek and obtain a variance to allow any nonconformities.” The decision is described in correspondence dated December 12, 2024 to City Council from Romero (attached). Record of Votes: On the motion by Antonucci, seconded by MacCuish, to recommend approval of the proposed amendments as submitted and with revisions, the vote was nine in favor, none opposed, and the motion passed (9-0): Yes No Absent Abstained Recused 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 ---------------------------------------------------------------------------------------------------------------------------- 3. Sections 12.12.030, 12.16.010, 12.20.010, 12.20.010 and 12.32.060, MCC (Use Regulations, Table of Intensity Regulations, Offstreet Parking and Loading Regulations, Definitions) (CCP 389/2024). To establish new use category for Motor Vehicle Services, use regulations, dimensional controls, parking and loading requirements, and definition; corresponding revisions to existing use category, Gasoline Filling & Service Station; parking and loading requirements for Car Wash; and definition of Service Station Page 7 of 11 PB 12/11/24 Ward 4 City Councilor Ryan O’Malley, sponsor of the paper, presented the zoning amendment proposal. The Board opened the public hearing and received the following public comment: In favor: 1. Steve Winslow, Ward 6 City Councilor and co-sponsor of the amendments, 83 Jacob Street, Malden. In opposition: None. The Board closed the public hearing. The Board discussed the proposed amendments and deliberated. The Board reviewed the following documentation at the meeting: 1. Planning Report & Recommendation dated December 11, 2024. 2. City Council Paper 389/2024. Decision: The Planning Board recommends to the City Council approval of the proposed amendments as submitted and with the following revisions: a) §12.12.030: Delete “SP” and insert, “Yes.” b) §12.20.010: Add, “and exclusive line up area of 9 x 180 feet” The decision is described in correspondence dated December 12, 2024 to City Council from Romero (attached). Record of Votes: On the motion by Antonucci, seconded by Henry, to recommend approval of the proposed amendments as submitted and with revisions, the vote was nine in favor, none opposed, and the motion passed (9-0): Yes No Absent Abstained Recused 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 ---------------------------------------------------------------------------------------------------------------------- 4. Section 12.32.060, MCC (Definitions) (CCP 399/2024). To establish definition for Retail Car Wash. Ward 4 City Councilor Ryan O’Malley, sponsor of the paper, presented the zoning amendment proposal The Board opened the public hearing and received the following public comment: In favor: None. Page 8 of 11 PB 12/11/24  In opposition: None. The Board closed the public hearing. The Board discussed the proposed amendment and deliberated. The Board reviewed the following documentation at the meeting: 5. Planning Report & Recommendation dated December 11, 2024. 6. City Council Paper 399/2024. Decision: The Planning Board recommends to the City Council disapproval of the proposed amendment as submitted. The decision is described in correspondence dated December 12, 2024 to City Council from Romero (attached). Record of Votes: On the motion by Antonucci, seconded by MacCuish, to recommend disapproval of the proposed amendment as submitted, the vote was nine in favor, none opposed, and the motion passed (9- 0): Yes No Absent Abstained Recused 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 -------------------------------------------------------------------------------------------------------- The City Council Ordinance Committee adjourned at 9:44 pm. ------------------------------------------------------------------------------------------------------------ V. PUBLIC MEETING. B. Advisory Recommendation to City Council/SPGA re: special permits/§12.32.030(B)(2). 1. 36 Charles Street (Parcel ID #062 239 910)/ Permit # CMID-040598-2021 Title 12.12.190/To Amend Special Permit (Case 233-23)/Marijuana Establishment, Marijuana Retailer. Romero provided an overview of the petition. The petition seeks to amend the special permit granted in Case #233-23 and specifically, to revise the approved floor plan to increase the size of the premises by approximately 1,627 SF on the first floor of the building by: 1. expansion into 2,393 SF area (eastern portion of the building). 2. elimination of approximately 766 SF area (northwestern corner of building). The Board reviewed the following information at the meeting: Page 9 of 11 PB 12/11/24 1. Set of plans, “Paul Ferazzi (New Dispensary) 36 Charles Street, Malden, MA 02148, Revised Plans 7/17/20424,” dated October 24, 2024, stamped by Marcos A. Devers, P.E., labeled “Drawings Provided by: Rod Rivera, C/S & Designers (781 389-2901),” Rod’s Home Improvement and Design, that include: a) Architectural Site Plan (Sheet A-3) b) Elevations (Sheet A-4) c) Existing As Built Plans and Calculation (Sheet A-5) d) Evacuation Plan (Sheet A-6) 2. Email dated December 10, 2024 from Roberto DiMarco, petitioner’s attorney, to City of Malden (Romero, Miller) with info. re: floor plan changes, increased vault size, number of employees, additional parking. 3. Planning Report & Recommendation dated December 11, 2024. 4. Special Permit Case #233-23. 5. Special Permit Case #202-22 and approved floor plan. Roberto DiMarco, Foster, Walker & Di Marco, P.C., 350 Main Street, Malden, MA, attorney for petitioner, attended the meeting and answered the Board’s questions. Decision: The Planning Board recommends to the City Council approval of the petition to amend the special permit granted in Case #233-23, only provided subject to the following twenty (20) conditions: 1. Peer review petitioner’s Response to Traffic Peer Review Comments dated February 25, 2022 and implement any recommended mitigation. 2. This special permit authorizes marijuana retailer use of only 5,524 SF of the first floor, as per plans, and specifically: 1,676 SF for retail space, 1,455 SF for loading, delivery area and indoor trash storage, and the remainder, approximately 2,393 SF, for vault, accessory offices and common areas. All other areas of the building shall remain vacant and shall be used for no purpose whatsoever, including storage by the marijuana retailer, and any use or occupancy shall require an amendment to this special permit. 3. The loading and delivery area may be used for parking during retail hours. 4. Install bicycle parking onsite for four bicycles, accessible to customers and employees. 5. Repair or replace sidewalks, driveways and perform necessary incidental work, adjacent to the property, to the satisfaction of DPW Director. 6. Implement Transportation Demand Measures regarding rideshare and parking attendant. 7. All development shall be as per plans, including landscaping of the northwest portion of the lot, except as modified by these conditions. 8. The special permit is non-transferable and non-assignable. 9. Design and implement a Security Plan approved by the Malden Police Chief and Malden Cannabis Licensing and Enforcement Commission. 10. Consumption of Marijuana and/or Marijuana Products is prohibited at or within 500 feet. 11. Smoking or burning of Marijuana and/or Marijuana Products is prohibited on the premises. 12. Marijuana in any form, including plants, and Marijuana Products shall not be visible from outside of the building. 13. Any outside storage of any kind is prohibited. 14. Any outside display of any kind is prohibited. 15. Incorporate odor control technology and provisions and ensure that emissions do not violate M.G.L. c.111 § 31C, including but not limited to those specified for odors. 16. Prior to issuance of any final occupancy permit, submit copies of the following licenses and approvals: a) A valid license issued by the Massachusetts Cannabis Control Commission, as defined herein this Ordinance; b) A fully executed Community Host Agreement with the City of Malden, as defined herein this Ordinance; c) Any required license and/or approvals issued by the Malden Page 10 of 11 PB 12/11/24  Cannabis Licensing and Enforcement Commission; and d) Any required license and/or approvals issued by the Malden Board of Health. 17. Mitigation based on preliminary peer review and after the six-month traffic study is conducted. 18. The Petitioner shall work with the City and the abutting property owners to connect the Spot Pond Greenway Project to the bike path. 19. Provide twelve (12) off-site parking spaces. 20. The hours of retail operation shall be 9:00 A.M. to 9:00 P.M. The decision is described in Planning Board Report & Recommendation to City Council dated December 11, 2024 (attached). Record of Votes: On the motion by Antonucci, seconded by MacCuish, to recommend approval of the petition to amend the special permit, subject to 20 conditions, the vote was nine in favor, none opposed, and the motion passed (9-0): Yes No Absent Abstained Recused 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 ------------------------------------------------------------------------------------------------------------------ C. Status Updates. 1. Community Preservation Committee. Verma confirmed that he is interested in serving as the Planning Board’s representative on the CPC. On the motion by Henry, seconded by Antonucci, to designate Verma as the Board’s representative on the CPC, all voted in favor and the motion passed (9-0). 2. Master Planning Activities. The Board received an update via memorandum dated December 4, 2024 from Ahrehon Thompson, Office of Strategic Planning & Community Development 3. Open Space & Recreation Plan. The Board received an update via memorandum dated December 4, 2024 from Ahrehon Thompson, Office of Strategic Planning & Community Development VI. Next meeting: Special meeting – Monday, January 27, 2025. --------------------------------------------------------------------------------------------------------- VII. Adjournment: 10:18 pm (On the motion by Chuha, seconded by Gebreselassie, all voted in favor and the motion passed, 9-0). Approved: Charles Ioven, Chair Page 11 of 11 PB 12/11/24  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, Room 330 Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 December 17, 2024 Carol Ann Desiderio City Clerk 215 Pleasant Street Malden, MA 02148 RE: Application for Tentative Approval of Preliminary Plan of Subdivision Filed November 14, 2024 Permit Application # CMID- 069525-2024 17 Columbia Street (Assessor’s Parcel ID #134 654 403), 25 Columbia Street (Assessor’s Parcel ID # 134 654 404), 28 Lebanon Street (Assessor’s Parcel ID # 134 654 420L), 12-24 Lebanon Street (Assessor’s Parcel ID # 134 654 421) “PROPOSED SITE PLAN DOCUMENTS for MYSTIC VALLEY REGIONAL CHARTER SCHOOL, PROPOSED PRELIMINARY SUBDIVISION PLANS, Location of Site 17 & 25 Columbia Street, 28 Lebanon Street, Middlesex County, Malden, MA, Map: 134/Blk: 654/Lot(s): 403, 404, 420L, 421” Dated November 11, 2024 Owner: Mystic Valley Regional Charter School, 4 Laurel Street, Malden, MA Applicant: Bohler Engineering MA, LLC, 45 Franklin Street, 5th Floor, Boston, MA Prepared by Stephen P. Martorano, P.E., Bohler, Boston, MA Dear Ms. Desiderio: At a public meeting on December 11, 2024, the Planning Board reviewed the above-referenced Application and Plan, and a majority of the Board, namely, all eight members present, decided to deny the Application for Tentative Approval of the Preliminary Plan for failure to comply with the following Rules and Regulations of the Malden Planning Board Governing the Subdivision of Land: 1. Section V.A.1.a (Connection to Public Way). The proposed right-of-way connects to Lebanon Street within immediate and dangerous proximity to the signalized intersection of Lebanon, Salem and Maplewood Streets; directly conflicts with the intersection and creates a traffic and safety hazard; and at the proposed point of connection, Lebanon Street does not have sufficient width and adequate construction in terms of design for the needs of vehicular traffic. 2. Section V.A.1.c (Design for Safe Vehicular Travel). The design of the proposed street will not provide safe vehicular travel, given its failure to comply with various Design Standards for Streets, Sections V.A.1.a, V.A.1.e.i, V.A.3.a, V.A.5.c and V.G.1. 3. Section V.A.1.e.i (Classification). The proposed right-of-way is incorrectly designed to be classified as a Class B street and requires design for classification as a Class A street. 4. Section V.A.3.a (Width of Street). The proposed right-of-way does not comply with the required width for a Class A street. Carol Ann Desiderio, City Clerk December 17, 2024 Page 2 of 2 5. Section V.A.3.a (Width of Roadway). The proposed right-of-way does not comply with the required width for a Class A street. 6. Section V.A.5.c (Intersections). The proposed property lines at proposed street intersections are not rounded to the required radius. 7. Section V.C.5 (Lots and Blocks). The proposed subdivision does not comply with the requirement re: angles of lot sidelines. 8. Section V.G.1 (Adequacy of Access via Existing Adjacent Streets: Safety). The proposed subdivision will not ensure vehicular and pedestrian safety and access; and will overly strain the capacity of existing streets so as to result in traffic congestion and safety problems and otherwise interfere with access. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero City Planner CC: Mystic Valley Regional Charter School, via certified mail (7005 1820 0000 1608 3841) Bohler Engineering MA LLC Alicia McNeil, City Solicitor Nelson Miller, Building Commissioner Chris Webb, Board of Health  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, Room 330 Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 December 17, 2024 Carol Ann Desiderio City Clerk 215 Pleasant Street Malden, MA 02148 RE: Application for Tentative Approval of Preliminary Plan of Subdivision Filed November 14, 2024 Permit Application # CMID- 069527-2024 12 Jacob Street (Assessor’s Parcel ID #133 663 308), 16 Jacob Street (Assessor’s Parcel ID #133 663 307), 20 Jacob Street (Parcel ID #133 663 306), no # Granite Street (Assessor’s Parcel ID #133 663 302), Rear Granite Street (Assessor’s Parcel ID #133 663 318), 31 Granite Street (Assessor’s Parcel ID#133 663 303, 4 Laurel Street (Assessor’s Parcel ID #133 663 301B), 50 Laurel Street (Assessor’s Parcel ID #133 663 301A “PROPOSED SITE PLAN DOCUMENTS for MYSTIC VALLEY REGIONAL CHARTER SCHOOL, PROPOSED PRELIMINARY SUBDIVISION PLANS, Location of Site 12, 16 & 20 Jacob Street, 31 Granite Street, 4 & 50 Laurel Street, Middlesex County, Malden, MA, Map: 133/Blk: 663/Lot(s): 301A, 301B, 302, 303, 306, 307, 308, 318” Dated November 11, 2024 Owner: Mystic Valley Regional Charter School, 4 Laurel Street, Malden, MA Applicant: Bohler Engineering MA, LLC, 45 Franklin Street, 5th Floor, Boston, MA Prepared by Stephen P. Martorano, P.E., Bohler, Boston, MA Dear Ms. Desiderio: At a public meeting on December 11, 2024, the Planning Board reviewed the above-referenced Application and Plan, and a majority of the Board, namely, all eight members present, decided to deny the Application for Tentative Approval of the Preliminary Plan for failure to comply with the following Rules and Regulations of the Malden Planning Board Governing the Subdivision of Land: 1. Section V.A.1.a (Connection to Public Way). The proposed roadway with proposed connection at Laurel Street may conflict with adjacent intersections on Laurel Street and create a traffic and safety hazard. 2. Section V.A.1.c (Design for Safe Vehicular Travel). Given the connection point at Laurel Street, the design of the proposed street will not provide safe vehicular travel. 3. Section V.C.4 (Lots and Blocks). The proposed subdivision does not comply with this requirement. Proposed Lot 7 has access to two parallel streets, the proposed right-of-way and Granite Street, less than 200 feet in depth. Carol Ann Desiderio, City Clerk December 17, 2024 Page 2 of 2 4. Section V.C.5 (Lots and Blocks). The proposed subdivision does not comply with this requirement. Proposed Lots 3, 4, 5, 6 and 7 have sidelines that are not at the required right angles to the street centerline of the proposed right-of-way. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero City Planner CC: Mystic Valley Regional Charter School, via certified mail (7005 1820 0000 1608 3858) Bohler Engineering MA LLC Alicia McNeil, City Solicitor Nelson Miller, Building Commissioner Chris Webb, Board of Health  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, 3rd Floor Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 December 12, 2024 Malden City Council Malden City Hall 215 Pleasant Street Malden, MA 02148 Re: Amendments of Title 12.12.500, Code of City of Malden Site Plan Review for Educational, Religious and/or Child Care Facilities City Council Paper #356/2024 Dear Councilors: On December 11, 2024, the Planning Board and City Council Ordinance Committee jointly held a public hearing regarding the above-referenced proposed amendments. After the public hearing, on December 11, 2024, a majority of the Planning Board, namely, five of those eight members present, decided to recommend to the City Council: I. Obtain review of the proposed amendments by the City Solicitor and opinion of the City Solicitor re: legality of the proposed amendments and consistency with M.G.L. c. 40A, §3. II. Approval of the proposed amendments, as submitted, subject to the above-referenced review and opinion of the City Solicitor, and with the following revisions: A. Section 12.12.500.A (Purpose and Intent). Add “or childcare facility use” B. Section 12.12.500.B (Applicability). 1) Delete the phrase, “with a gross floor area exceeding 2,500 square feet, or surface parking exceeding 2,500 square feet.” 2) Add the following provision: “Site Plan Review shall be required for child care facilities identified by M.G.L. c. 40A, Section 3, namely, Group and School Age Child Care programs, as defined by the state Department of Early Education and Care.” C. Section 12.12.500.C (Relationship to the Building Permit and Occupancy Permit). Delete the proposed provision in its entirety and insert in its place: “The Building Inspector shall not issue a building permit unless and until a Site Plan Review has been completed, and a letter with site plan conditions, if any, has been forwarded to the Building Inspector by the SPRC within the time frame noted in Section F. If the site plan review letter contains specific conditions, said conditions shall become conditions for the issuance of the building permit, among others, that the Building Inspector may require. Further, the Building Inspector shall not issue a final occupancy permit unless and until all site plan conditions as required by the SPRC have been implemented by the developer.” Malden City Council December 12, 2024 Page 2 of 2 D. Section 12.12.500.E.2 (Site Plan Review Committee, Operation). 1) Delete the first sentence in its entirety (begins, “If the Building Commissioner determines the applications requires variance….the Zoning Board of Appeals.”) 2) In second, third & fourth paragraphs, delete “Board of Appeal” and insert “SPRC.” E. Section 12.12.500.F (Review Schedule). 1) Delete the first sentence in its entirety and insert in its place: “The SPRC shall hold a public project review meeting with the applicant no later than 45 days after submitting the proposed site plan to the Building Commissioner. The SPRC shall hold as many meetings as necessary within a 65-day review period to review the proposal. However, within 65 days of the submission of the plan to the Building Commissioner the SPRC shall provide recommendations in writing to the Building Commissioner. If no action is taken within 65 days, the application shall be deemed approved as submitted and the applicant may apply for a building permit without a Site Plan Review letter.” 2) Delete the second paragraph in its entirety. 3) Delete the last sentence in its entirety. F. Section 12.12.500.H (Site Plan Review Criteria). 1) From the first sentence, delete the phrase “and requests for zoning variance and.” 2) From item 1., delete phrases, "Comment to the Zoning Board of Appeals and” and “variances for.” G. Section 12.12.500.I (Expiration). Delete the first sentence in its entirety and insert in its place: “A Site Plan Review approval will expire on the date that is one year from date of notice of Site Plan Approval to the Building Inspector unless a building permit has been issued or unless otherwise specified by the Site Plan Review Committee.” For your reference, enclosed please find the Planning Report & Recommendation dated December 11, 2024, which was presented at the public hearing. Finally, please be advised, that, if the City Council fails to act on the amendments within 90 days after the public hearing, a new duly advertised public hearing must be held; and the final date for action is March 11, 2025. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero Enclosure City Planner CC: Mayor Gary Christenson Alicia McNeil, City Solicitor  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, 3rd Floor Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 December 12, 2024 Malden City Council Malden City Hall 215 Pleasant Street Malden, MA 02148 Re: Amendments of Title 12, Code of City of Malden Sections 12.12.010A & 12.12.030 (Use Regulations); 12.32.030.B (Certificate and Permits, Special Permits; 12.28.010.B, C, D, E, F and H (Nonconforming Uses, Lot, Buildings and Structures); 12.20.020.H (General Offstreet Parking Requirements, Central Business District); 12.12.140.F (Site Plan Review Committee); 12.28.140.E (Rowe’s Quarry Site Plan Review Committee); 12.32.060 (Definition of Working Artist) City Council Paper #376/2024 Dear Councilors: On December 11, 2024, the Planning Board and City Council Ordinance Committee jointly held a public hearing regarding the above-referenced proposed amendments. After the public hearing, on December 11, 2024, a majority of the Planning Board, namely, all nine members present, decided to recommend to the City Council: 1. Approval of the proposed amendments as submitted and with the following revisions: a) Section 12.28.010.C. Revise the proposed amendment to read as follows: “Provided that Aany addition or extension shall comply with the current Ordinance, including but not limited to dimensional controls and parking requirements, or shall seek and obtain a variance to allow any nonconformities.” b) Section 12.28.010.D. Revise the following provision of the proposed amendment to read as follows: “For d Dormer addition(s) to a preexisting nonconforming residential dwelling regulated by this section, dormer addition(s) that increase the gross floor area of the floor where the dormer(s) is located by 50% or less shall not require a special permit, provided that any addition or extension shall comply with the current Ordinance, including but not limited to dimensional controls and parking requirements, or shall seek and obtain a variance to allow any nonconformities.” For your reference, enclosed please find the Planning Report & Recommendation dated December 11, 2024, which was presented at the public hearing. Finally, please be advised, that, if the City Council fails to act on the amendments within 90 days after the public hearing, a new duly advertised public hearing must be held; and the final date for action is March 11, 2025. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero City Planner Enclosure CC: Mayor Gary Christenson Alicia McNeil, City Solicitor  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, 3rd Floor Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 December 12, 2024 Malden City Council Malden City Hall 215 Pleasant Street Malden, MA 02148 Re: Amendments of Title 12, Code of City of Malden (MCC) Sections 12.12.030, 12.16.010, 12.20.010, 12.20.010 and 12.32.060, MCC Use Regulations, Table of Intensity Regulations, Offstreet Parking & Loading Regulations Definitions- Motor Vehicle Services, Gasoline Filling & Service Station, Car Wash City Council Paper #389/2024 Dear Councilors: On December 11, 2024, the Planning Board and City Council Ordinance Committee jointly held a public hearing regarding the above-referenced proposed amendments. After the public hearing, on December 11, 2024, a majority of the Planning Board, namely, all nine members present, decided to recommend to the City Council: 1. Approval of the proposed amendments as submitted and with the following revisions: a) §12.12.030: Delete “SP” and insert, “Yes.” b) §12.20.010: Add, “and exclusive line up area of 9 x 180 feet” For your reference, enclosed please find the Planning Report & Recommendation dated December 11, 2024, which was presented at the public hearing. Finally, please be advised, that, if the City Council fails to act on the amendments within 90 days after the public hearing, a new duly advertised public hearing must be held; and the final date for action is March 11, 2025. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero City Planner Enclosure CC: Mayor Gary Christenson Alicia McNeil, City Solicitor  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, 3rd Floor Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 December 12, 2024 Malden City Council Malden City Hall 215 Pleasant Street Malden, MA 02148 Re: Amendment of Title 12.32.060, Code of City of Malden (MCC) Definition for Retail Car Wash City Council Paper #399/2024 Dear Councilors: On December 11, 2024, the Planning Board and City Council Ordinance Committee jointly held a public hearing regarding the above-referenced proposed amendment. After the public hearing, on December 11, 2024, a majority of the Planning Board, namely, all nine members present, decided to recommend to the City Council the following: 1. Disapproval of the proposed amendment as submitted. For your reference, enclosed please find the Planning Report & Recommendation dated December 11, 2024, which was presented at the public hearing. Finally, please be advised, that, if the City Council fails to act on the amendment within 90 days after the public hearing, a new duly advertised public hearing must be held; and the final date for action is March 11, 2025. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero City Planner Enclosure CC: Mayor Gary Christenson Alicia McNeil, City Solicitor PLANNING BOARD REPORT & RECOMMENDATION To: Malden City Council From: Malden Planning Board Date: December 11, 2024 Subject: 36 Charles Street (Parcel ID 062 239 910) Permit Application # CMID-040598-2021/Petition to Amend Special Permit (Granted in Case #202-22, Extended by Case #233-23)/Marijuana Establishment: Marijuana Retailer Title 12.12.190, Code of City of Malden (MCC) (All section references herein) PROCEDURAL: The Planning Board may submit an advisory report and recommendation re: this petition to the special permit granting authority, the City Council (§12.32.030.B.2). • The proposal was approved by the City’s Cannabis Licensing and Enforcement Commission (CLEC) to proceed to the zoning process. • On March 9, 2022, the Planning Board made an advisory recommendation to the City Council that the petition be denied; the Board also recommended conditions to any special permit that might be granted. • On April 26, 2022, the City Council granted a special permit to allow use of the property for a marijuana retailer, subject to 20 conditions (Case #202-22) • On August 9, 2022, the City and petitioner executed a Host Community Agreement. • Petitioner requested a 9-month extension of the expiration date of the special permit in Case #202-22. • On April 12, 2023, the Planning Board made an advisory recommendation to the City Council that the request for extension be granted for 12 months, subject to 20 conditions. • On June 6, 2023, the City Council granted a 12-month extension of the special permit in Case #202-22, subject to 20 conditions (attached decision Case #233-23). • On May 8, 2024, the City issued a building permit for the approved project (see Note 1). • Petitioner applied for a license from the state Cannabis Control Commission (CCC). • After CCC issues a license, CLEC may issue a local license. PETITION: Petitioner is the same petitioner as for the special permit petitions approved in Cases #202-22 and #233-23, who is the proposed tenant, doing business as Trinity Naturals. The petition seeks to amend the special permit granted in Case #233-23 and specifically, to revise the approved floor plan to increase the size of the premises by approximately 1,627 SF on the first floor of the building by: 1. expansion into 2,393 SF area (eastern portion of the building). 2. elimination of approximately 766 SF area (northwestern corner of building). Layout of approved project and revised proposal (all areas located on first floor of the existing building): Approved Use Approved Proposed new use Proposed area (SF) area (SF) Vault 42 SF No longer part of 766 SF Office 124 project premises Security room/office 125 (labeled, “Adjacent Entry/exit control room 108 office space”) Common areas-hallway, elevator, foyer 367 Vacant space 2,393 Vault 1,013 SF Five (5) offices 723 IT Room (196,144,192,86,105) Common areas 79 404 (Total 2,219) Retail space 1,794 Retail space 1,676 Security room 57 Entrance area 123 Page 1 of 3 PBR 12/11/24 The petition requires modification of this condition of the special permit (Condition 2, SP #233-23): 2. This special permit authorizes marijuana retailer use of only 4,006 SF of the first floor, as per plans, and specifically: 1,794 SF for retail space, 1,446 SF for delivery area and indoor trash storage, and the remainder for accessory offices and common areas. All other areas of the building, labeled, “Storage,” totaling 9,018 SF, shall remain vacant and shall be used for no purpose whatsoever, including storage by the marijuana retailer, and any use or occupancy shall require an amendment to this special permit. Note 1: The special permits granted in Cases #202-22 and #233-23 are subject to the condition that all development shall be as per plans (Condition 7); however, petitioner began to build-out the property using a floor plan layout that expands and differs from the approved plan. The following plans and information were submitted in support of the petition: 1. Set of plans, “Paul Ferazzi (New Dispensary) 36 Charles Street, Malden, MA 02148, Revised Plans 7/17/20424,” dated October 24, 2024, stamped by Marcos A. Devers, P.E., labeled “Drawings Provided by: Rod Rivera, C/S & Designers (781 389-2901),” Rod’s Home Improvement and Design, that include: a) Architectural Site Plan (Sheet A-3) b) Elevations (Sheet A-4) c) Existing As Built Plans and Calculation (Sheet A-5) d) Evacuation Plan (Sheet A-6) 2. Email dated December 10, 2024 from Roberto DiMarco, petitioner’s attorney, to City of Malden (Romero, Miller) with info. re: floor plan changes, increased vault size, number of employees, additional parking. ZONING: The petition does not affect the proposal’s compliance with use regulations. DIMENSIONAL CONTROLS: The petition does not change existing violations of dimensional controls. PARKING & LOADING REQUIREMENTS: The approved use of 4,006 SF of the building for marijuana retailer requires sixteen (16) spaces (§12.20.010) and one loading space (§12.20.030). Eight parking spaces are provided on-site in the exterior parking area; two to four parking spaces, in the garage interior of the building, may be used when area not in use for loading and deliveries; and the special permit requires five parking spaces be provided offsite (condition 19, SP#233-23). The proposed expansion (approximately 1,627 SF) requires seven (7) parking spaces, and the proposal exacerbates the existing parking violation from a 50% deficiency (8 spaces) to a 65% deficiency (15 spaces). Note 2: Approved plans depict four spaces inside the building; revised plans depict only two spaces. Note 3: Use of the entire building (13,204 SF gross floor area) for marijuana retailer requires 52 on-site parking spaces (§12.20.010). In addition to parking required for use of portions of the building for marijuana retailer, use of the vacant portion(s) of the building for any use will require on-site parking (§12.20.010). For the Council to allow increased violations of parking requirements, it must find that the increase will not be more detrimental to the neighborhood (§12.12.190.B). FINDINGS REQUIRED to GRANT SPECIAL PERMIT (§12.12.190.G): the City Council must find: 1) The proposal will not be more detrimental to the neighborhood. 2) The proposal is not in conflict with surrounding land uses. 3) The proposal is in the interest of the common good. 4) The traffic and traffic patterns generated by the proposal will not adversely impact any of the surrounding streets or create a traffic or safety hazard. 5) The proposal will not generate any noise, odor, fumes, vibration, heat or other conditions that may be noxious or cause a nuisance to the community, a danger to public health, or impair public comfort and convenience. 6) The proposal is not detrimental to the health, safety or welfare of the neighborhood or the city. Page 2 of 3 PBR 12/11/24 PLANNING BOARD RECOMMENDATION: The Planning Board recommends to the City Council approval of the petition to amend the special permit granted in Case #233-23, only provided subject to the following twenty (20) conditions: 1. Peer review petitioner’s Response to Traffic Peer Review Comments dated February 25, 2022 and implement any recommended mitigation. 2. This special permit authorizes marijuana retailer use of only 5,524 SF of the first floor, as per plans, and specifically: 1,676 SF for retail space, 1,455 SF for loading, delivery area and indoor trash storage, and the remainder, approximately 2,393 SF, for vault, accessory offices and common areas. All other areas of the building shall remain vacant and shall be used for no purpose whatsoever, including storage by the marijuana retailer, and any use or occupancy shall require an amendment to this special permit. 3. The loading and delivery area may be used for parking during retail hours. 4. Install bicycle parking onsite for four bicycles, accessible to customers and employees. 5. Repair or replace sidewalks, driveways and perform necessary incidental work, adjacent to the property, to the satisfaction of DPW Director. 6. Implement Transportation Demand Measures regarding rideshare and parking attendant. 7. All development shall be as per plans, including landscaping of the northwest portion of the lot, except as modified by these conditions. 8. The special permit is non-transferable and non-assignable. 9. Design and implement a Security Plan approved by the Malden Police Chief and Malden Cannabis Licensing and Enforcement Commission. 10. Consumption of Marijuana and/or Marijuana Products is prohibited at or within 500 feet. 11. Smoking or burning of Marijuana and/or Marijuana Products is prohibited on the premises. 12. Marijuana in any form, including plants, and Marijuana Products shall not be visible from outside of the building. 13. Any outside storage of any kind is prohibited. 14. Any outside display of any kind is prohibited. 15. Incorporate odor control technology and provisions and ensure that emissions do not violate M.G.L. c.111 § 31C, including but not limited to those specified for odors. 16. Prior to issuance of any final occupancy permit, submit copies of the following licenses and approvals: a) A valid license issued by the Massachusetts Cannabis Control Commission, as defined herein this Ordinance; b) A fully executed Community Host Agreement with the City of Malden, as defined herein this Ordinance; c) Any required license and/or approvals issued by the Malden Cannabis Licensing and Enforcement Commission; and d) Any required license and/or approvals issued by the Malden Board of Health. 17. Mitigation based on preliminary peer review and after the six-month traffic study is conducted. 18. The Petitioner shall work with the City and the abutting property owners to connect the Spot Pond Greenway Project to the bike path. 19. Provide twelve (12) off-site parking spaces. 20. The hours of retail operation shall be 9:00 A.M. to 9:00 P.M. Note 4: Conditions 9 and 16 contain existing requirements of the current ordinance (§12.12.190, as amended after the special permit was granted in Case #202-22); these revised conditions were previously recommended by the Planning Board, however, inadvertently not included in the special permit granted in Case #233-23. Page 3 of 3 PBR 12/11/24