Planning Board

CITY of MALDEN PLANNING BOARD Minutes of Special Meeting Meeting Date: January 27, 2025 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 7:02 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 Chuha, Diane Gebreselassie, Tewedaj Gray, Resa Hayes, Patrick Henry, Eric MacCuish, Eric Stone, Stephanie Verma, Vikas Ronnie Raj Ioven, Charles, Chair Planning Board members absent: Soucy, Henri Planning Staff in attendance: Michelle Romero, City Planner. Councilor Steve Winslow, Chair of the City Council Ordinance Committee, called the Committee to order and took a roll call. City Council Ordinance Committee Members in attendance: Winslow, Steve, Ward 6 City Councilor, Committee Chair Linehan, Amanda, Ward 3 City Councilor, Committee Vice Chair Crowe, Peg, Ward 1 City Councilor O’Malley, Ryan, Ward 4 City Councilor Taylor, Ari, Ward 5 City Councilor Ioven announced that associate member Verma will vote on the zoning amendments and associate member Stone on the other matters, in the absence of Soucy. ----------------------------------------------------------------------------------------------------------------------------------------- III. 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). 1) CCP 13/2025. MCC Sections 12.12.030 (Table of Use Regulations), 12.16.010 (Table of Intensity Regulations), Section 12.20.010 (Table of Offstreet Parking and Loading Regulations), 12.32.030 (Administration, Certificates and Permits), 12.32.060, MCC (Definitions), and 12.28 (General Regulations, Nonconforming Uses, Lots, Buildings and Structures) (CCP 13/2025). For Page 1 of 6 PB 1/27/25  Accessory Dwelling Units, to add Residential use categories and regulations, dimensional controls, parking requirements, site plan review and special permit requirements and regulations, definition; to amend nonconforming regulations. The notice of public hearing for City Council Paper 13/2025 was read into the record by Chuha. Ward 3 City Councilor Amanda Linehan, sponsor of the paper, presented the zoning amendment proposal and gave an overview of the state law and amendment process undertaken by the City. Alex Pratt, Director, Housing and Community Development, Office of Strategic Planning & Community Development, City of Malden, provided information about the state law and Mayor’s internal working group. Romero provided an overview of the proposed amendments. Councilor Winslow presented his proposed changes to the proposed amendments, as contained in the addendum to CCP 13-2025 that the Council referred for joint public hearing. Councilor O’Malley presented proposed additional changes to the proposed amendments, which are being considered by the City Council Ordinance Committee. The Board opened the public hearing and received the following public comment: In favor: 1. Sam Thuong, 24 Stanton Street, Malden (in person testimony). 2. Mayor Gary Christenson (via correspondence dated January 27, 2025). 3. Craig Spadafora, City Councilor-at-Large, via correspondence dated January 27, 2025. 4. Daniel DeFraia, 25 North Milton Street, Malden, via email dated January 27, 2025. 5. Katie Dillon, 198 Mount Vernon Street, Malden, via email dated January 27, 2025. 6. Brian DeLacey, 1 Earl Street, Malden, via email dated January 27, 2025. In opposition: None. The Board closed the public hearing. The Board discussed the proposed amendments and deliberated. At this time, Councilor-at-Large Carey McDonald requested to be heard. On the motion by O’Malley, seconded by Linehan, the Ordinance Committee voted to recognize McDonald and McDonald made comments. The Board reviewed the following documentation at the meeting: 1. Planning Report & Recommendation dated January 27, 2025 with attachments. 2. City Council Paper 13/2025 (original proposal and Winslow’s addendum). 3. Proposed additional amendments proposed by City Council Ordinance Committee (dated January 21, 2025, distributed by O’Malley). Decision: The Planning Board recommends to the City Council approval of the proposed amendments as submitted and with the following additional revisions (new/additional language italicized): 1. Section 12.12.030. Table of Use Regulations. To revise the proposed provision as follows: For Accessory Dwelling Unit (more than one, second or subsequent): change “SP” to “No” 2. Section 12.16.010. Table of Intensity Regulations. To delete all proposed numbers in all columns and to add the following: “MCC, Section 12.32.030.D.5” Page 2 of 6 PB 1/27/25 3. Section 12.32.030.D.1. Purpose and Intent. To revise the second sentence of the proposed provision to read as follows: The intent of this ordinance is to protect the health, safety and general welfare of the City’s present and future inhabitants and to address the potential impacts that the addition of an Accessory Dwelling Unit to a property may have on the principal dwelling, surrounding neighborhood and adjacent residences, including, but not limited to, impacts related to density, congestion, nuisance and parking; and to comply with M.G.L. c.40 A, Section 3, the so-called, “Affordable Homes Act.” 4. Section 12.32.030.D.2. Applicability. To revise the following proposed provisions to read as follows: A. Prior to the issuance of any building permit or certificate of occupancy for any Accessory Dwelling Unit, a Site Plan Review and Site Plan Approval from the Site Plan Review Committee shall be required pursuant to this section. B. The Building Commissioner as Zoning Enforcement Officer shall determine whether a unit is an Accessory Dwelling Unit. 5. Section 12.32.030.D.3. Scope of Review. To revise the proposed provision to read as follows: Through site plan review, the City may review and impose terms and conditions on, the appearance and layout of a proposed use of land or structures for an ADU prior to the issuance of a building permit; and may consider what reasonable requirements concerning dimensional standards, such as, dimensional setbacks, lot coverage, open space, bulk, height and number of stories of the structure, if any, should be imposed on the use. 6. Section 12.32.030.D.4. General. a) Section 12.32.030.D.4.F: to add the word, “required” before “open space.” b) To add the following provision: G. Only one ADU shall be allowed on a single Lot. 7. Section 12.32.030.D.5. Design Standards. a) Section 12.32.030.D.5.A. Siting and location. To revise the proposed provision to read as follows: An Accessory Dwelling Unit may be allowed only on a property that contains a principal dwelling. b) Section 12.32.030.D.5.C. Dimensional requirements. To revise the proposed provision to read as follows: The requirements shall be those required for the principal dwelling, or a single-family residential dwelling or accessory structure in the zoning district in which the ADU is located, whichever results in more permissive regulation. c) Section 12.32.030.D.5 D. To revise the following proposed provision to read as follows: Any expansion of a building’s footprint or addition to an existing principal dwelling for an Accessory Dwelling Unit shall comply with all dimensional controls. d) Section 12.32.030.D.5 E. Size. To revise the following proposed provision as follows: The maximum size of an Accessory Dwelling Unit is 900 square feet of gross floor area or half the size of the gross floor area of the principal dwelling, whichever is smaller. 8. Section 12.32.030.D.6.D. Parking Requirements. To delete proposed subsection D (definition of Bus Station) in its entirety. 9. Section 12.32.030.D.7. Submission requirements. To delete the proposed section in its entirety and insert the following: All applications for site plan review shall be in writing and shall provide the information identified in Title 4 of the Code of City of Malden. 10. Section 12.32.030.D.10. Decision. To delete, “90 days” and “90-day,” and insert, “14 days” and “14-day.” 11. To make the following typographical corrections in the following sections: a) Section 12.32.030.D.1. “M.G.L. c.40A” b) Section 12.32.030.D.9.A. “OSPCD” c) Section 12.32.030.D.12. insert, “M.G.L.c.40A, Section 3 or” after the word “to” and before the word “regulations” Page 3 of 6 PB 1/27/25 12. Section 12.32.030.E (Administration, Certificates and Permits): Special Permit for Accessory Dwelling Units. To delete the proposed provision in its entirety. The decision is described in correspondence dated January 28, 2025 to City Council from Romero (attached). Record of Votes: On the motion by Antonucci, seconded by Chuha, to recommend approval of the amendments with additional revisions, as described in the Planning Report & Recommendation, the vote was six in favor, two opposed, one abstained, and the motion passed (6-2): 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 9:42 pm. ------------------------------------------------------------------------------------------------------------ IV. PUBLIC MEETING. A. Subdivision Control/M.G.L. c. 41, §81 and Rules & Regulations of Malden Planning Board Governing Subdivision of Land. 1. 76 Granville Avenue (Parcel ID# 104 712 208) and Granville Place (no #) (Parcel ID #104 712 206) /Permit Application #CMID 063420-2024/M.G.L. c.41, §81P. Application for Determination of Planning Jurisdiction whether Approval Not Required (merger plan for combined development site). The Board reviewed the plan and received information from Romero that the plan complies with statutory criteria for endorsement. Decision: The Board approved the Application and endorsement of the plan. The decision is contained in the attached correspondence dated January 28, 2025 to City Clerk. Record of Votes: On the motion by MacCuish, seconded by Henry, to approve the Application and endorse the plan, 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 Page 4 of 6 PB 1/27/25 GRAY X HAYES X HENRY X MacCUISH X SOUCY X STONE X VERMA X IOVEN Chair X -------------------------------------------------------------------------------------------------------------------- 2. 0 State Highway (Parcel ID #185 575 506)/Permit Application #CMID 068474-2024/ M.G.L. c.41, §81V/Endorsement of Approval (definitive plan of subdivision approved October 23, 2024). The Board reviewed the plan and received information from Romero that the approved plan was endorsed and recorded last week, prior to Site Plan Review Approval decisions made on January 22, 2025 re: the proposals for Lot 13B and Lot 14B. Decision: The Board ratified and confirmed the endorsement of the approved plan by Ioven on January 21, 2025. Record of Votes: On the motion by Antonucci, seconded by MacCuish, to ratify and confirm endorsement of the plan, 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 ---------------------------------------------------------------------------------------------------------------- B. Status Updates. 1) Community Preservation Committee. Verma gave an update. 2) Master Planning Activities. The Board received an update via a memorandum dated January 7, 2025 from Ahrehon Thompson, Office of Strategic Planning & Community Development 3) Open Space & Recreation Plan. The Board received an update via a memorandum dated January 7, 2025 from Ahrehon Thompson, Office of Strategic Planning & Community Development C. Old & New Business. ----------------------------------------------------------------------------------------------------------------- V. Next meeting: Regular meeting – February 12, 2025. Page 5 of 6 PB 1/27/25  --------------------------------------------------------------------------------------------------------- VI. Adjournment: 9:52 pm (On the motion by Chuha, seconded by Henry, all voted in favor and the motion passed, 9-0). Approved: Charles Ioven, Chair Page 6 of 6 PB 1/27/25  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, 3rd Floor Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 January 28, 2025 Malden City Council Malden City Hall 215 Pleasant Street Malden, MA 02148 Re: Amendments of Various Sections, Title 12, Code of City of Malden Accessory Dwelling Units City Council Paper #13/2025 Dear Councilors: On January 27, 2025, the Planning Board and City Council Rules and Ordinance Committee jointly held a public hearing regarding the above-referenced proposed amendments. After the public hearing, on January 27, 2025, a majority of the Planning Board, namely, six members, decided to recommend to the City Council approval of the proposed amendments as submitted and with the following additional revisions (new/additional language italicized): 1. Section 12.12.030. Table of Use Regulations. To revise the proposed provision as follows: For Accessory Dwelling Unit (more than one, second or subsequent): change “SP” to “No” 2. Section 12.16.010. Table of Intensity Regulations. To delete all proposed numbers in all columns and to add the following: “MCC, Section 12.32.030.D.5” 3. Section 12.32.030.D.1. Purpose and Intent. To revise the second sentence of the proposed provision to read as follows: The intent of this ordinance is to protect the health, safety and general welfare of the City’s present and future inhabitants and to address the potential impacts that the addition of an Accessory Dwelling Unit to a property may have on the principal dwelling, surrounding neighborhood and adjacent residences, including, but not limited to, impacts related to density, congestion, nuisance and parking; and to comply with M.G.L. c.40 A, Section 3, the so-called, “Affordable Homes Act.” 4. Section 12.32.030.D.2. Applicability. To revise the following proposed provisions to read as follows: A. Prior to the issuance of any building permit or certificate of occupancy for any Accessory Dwelling Unit, a Site Plan Review and Site Plan Approval from the Site Plan Review Committee shall be required pursuant to this section. B. The Building Commissioner as Zoning Enforcement Officer shall determine whether a unit is an Accessory Dwelling Unit. 5. Section 12.32.030.D.3. Scope of Review. To revise the proposed provision to read as follows: Through site plan review, the City may review and impose terms and conditions on, the appearance and layout of a proposed use of land or structures for an ADU prior to the issuance of a building permit; and may consider what reasonable requirements concerning dimensional standards, such as, dimensional setbacks, lot coverage, open space, bulk, height and number of stories of the structure, if any, should be imposed on the use. 6. Section 12.32.030.D.4. General. a) Section 12.32.030.D.4.F: to add the word, “required” before “open space.” b) To add the following provision: G. Only one ADU shall be allowed on a single Lot. Malden City Council Page 2 of 2 January 28, 2025 7. Section 12.32.030.D.5. Design Standards. a) Section 12.32.030.D.5.A. Siting and location. To revise the proposed provision to read as follows: An Accessory Dwelling Unit may be allowed only on a property that contains a principal dwelling. b) Section 12.32.030.D.5.C. Dimensional requirements. To revise the proposed provision to read as follows: The requirements shall be those required for the principal dwelling, or a single-family residential dwelling or accessory structure in the zoning district in which the ADU is located, whichever results in more permissive regulation. c) Section 12.32.030.D.5 D. To revise the following proposed provision to read as follows: Any expansion of a building’s footprint or addition to an existing principal dwelling for an Accessory Dwelling Unit shall comply with all dimensional controls. d) Section 12.32.030.D.5 E. Size. To revise the following proposed provision as follows: The maximum size of an Accessory Dwelling Unit is 900 square feet of gross floor area or half the size of the gross floor area of the principal dwelling, whichever is smaller. 8. Section 12.32.030.D.6.D. Parking Requirements. To delete proposed subsection D (definition of Bus Station) in its entirety. 9. Section 12.32.030.D.7. Submission requirements. To delete the proposed section in its entirety and insert the following: All applications for site plan review shall be in writing and shall provide the information identified in Title 4 of the Code of City of Malden. 10. Section 12.32.030.D.10. Decision. To delete, “90 days” and “90-day,” and insert, “14 days” and “14-day.” 11. To make the following typographical corrections in the following sections: a) Section 12.32.030.D.1. “M.G.L. c.40A” b) Section 12.32.030.D.9.A. “OSPCD” c) Section 12.32.030.D.12. insert, “M.G.L.c.40A, Section 3 or” after the word “to” and before the word “regulations” 12. Section 12.32.030.E (Administration, Certificates and Permits): Special Permit for Accessory Dwelling Units. To delete the proposed provision in its entirety. For your reference, enclosed please find the Planning Report & Recommendation dated January 27, 2025, and Mayor Christenson’s follow up memorandum dated January 27, 2025, which were 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 April 27, 2025. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero City Planner Enclosures CC: Mayor Gary Christenson Alicia McNeil, City Solicitor