Planning Board

CITY of MALDEN PLANNING BOARD Minutes of Regular Meeting Meeting Date: February 12, 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 7:04 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 Hayes, Patrick Henry, Eric MacCuish, Eric Verma, Vikas, Ronnie Raj Ioven, Charles, Chair Planning Board members absent: Gebreselassie, Tewedaj; Gray, Resa; Soucy, Henri; Stone, Stephanie. Planning Staff in attendance: Michelle Romero, City Planner. Ioven announced that there are only seven Planning Board members in attendance and six affirmative votes are required to grant a special permit. III. PUBLIC HEARINGS A. Zoning: Special Permits, Title 12, Code of City of Malden (MCC) 1. 267-273 Main Street (Parcel ID #076 270 003)/Permit Application #CMID-069763-2024 /§12.12.030/To allow medical center use in Highway Business zoning district/Dental office. The notice of public hearing was read into the record by Chuha. Petitioner submitted the following plans and information: 1. Site plan, “Plot Plan, Existing Conditions, Parcel 76-270-3, 267 Main Street, Malden, MA,” dated February 10, 2025, prepared by Timothy R. Callahan, PLS, Hawk Consulting, Inc., Douglas, MA. (petitioner distributed this dated version at the public hearing). 2. Set of plans, “Excel Dental 269 Main Street, Malden, MA,” dated November 18, 2024, signed on November 27, 2024 by Lewis Colten, Architect, Framingham, MA, and prepared by Marc Chase, M. Chase Design LLC, West Brookfield, MA, which include: a. proposed Elevation plans (Index & Cover Sheet A 0) b. Floor plan (Building Info.1) c. Blocking Plan, Plumbing Plan, Electrical Plan, Ceiling Grid & Lighting Plan. 3. Floor plan, “Basement Plan Supplemental Information Excel Dental,” dated February 10, 2025, prepared by Lewis Colten, Architect. (petitioner distributed this dated version at the public hearing). 4. “First Amendment to Use and Occupancy Agreement by and between the Massachusetts Bay Page 1 of 4 PB 2/12/25  Transportation Authority and My Family Ties Restaurant, Inc., Agreement ID C00847,” dated October 15, 2016, which includes, “Exhibit A - Amended Use and Occupancy Agreement Plan,” and is regarding parking along the railroad right-of-way. The proposal is to renovate the existing building for use as dental offices, namely, a family dental center. Presentation by petitioner: 1. Mr. Samir Patel, 6 Gianna Drive, Saugus, MA, pending buyer/new owner of property, owner and operator of proposed business, Excel Dental. 2. Dr. Chad Patel 6 Gianna Drive, Saugus, MA, pending buyer/new owner of property, owner and operator of proposed business, Excel Dental. 3. Lewis Colten, 9 Vernon Street, Framingham, MA, architect for the pending buyers/new owners. The Board opened the public hearing and received the following testimony: In favor: 1. None. In opposition: 1. Mr. and Mrs. Robert J. Madden, Jr., 11 Rockland Place, Malden (via email dated February 12, 2025 from MaryEllen Madden). The Board closed the public hearing. The Board received the following documentation and information at the meeting: 1. Planning Report & Recommendation dated February 12, 2025. Decision: The Planning Board granted a special permit, subject to the following four (4) conditions: 1. All development shall be as per plans, except as modified by these conditions; minor modifications of floor plan are allowed. 2. This special permit allows only dental office use and any other medical center use shall require an amendment of this special permit. 3. Provide copy of agreement between current property owner and MBTA for use of area for eight (8) parking spaces in abutting abandoned railroad right-of-way. 4. The basement may be used only for storage, utilities and medical waste storage. The decision is described in Case #25-01 (attached). Record of Votes: The vote on the motion by Antonucci, seconded by MacCuish, to grant a special permit with four conditions was seven in favor, none opposed, and the motion passed (7-0): Yes No Absent Recused Abstained Not Voting ANTONUCCI X CHUHA X GEBRESELASSIE X GRAY X HAYES X HENRY X MacCUISH X SOUCY X Page 2 of 4 PB 2/12/25  STONE X VERMA X IOVEN Chair X ---------------------------------------------------------------------------------------------------------- 2. 578 Main Street (Parcel ID 049 279 926)/Permit Application #COO-069827- 2024)/§12.28.010.D/To amend special permits (Case #96-43 & Case #93-18)/To allow general office use of preexisting nonconforming existing property in Residence B zoning district. The notice of public hearing was read into the record by Chuha. Petitioner, represented by its attorney, Thomas P. Callaghan, Jr., One Centre Street, Malden, requested that the Board table the public hearing and matter until a meeting where a full Board is present. The Board reviewed its Rules and Procedures with respect to the timeframe for a petitioner filing a request to table, absent exigent circumstances. Decision: The Planning Board found that there were exigent circumstances and granted the petitioner’s request to table the public hearing and matter until a meeting where there is a full Board (nine members) present. Record of Votes: On the motion by MacCuish, seconded by Antonucci, to table the matter, the vote was seven in favor, none opposed, and the motion passed (7-0). 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. Verma provided an update. 2) Master Planning Activities. The Board received an update via a memorandum dated February 11, 2025 from Ahrehon Thompson, Office of Strategic Planning & Community Development. 3) Open Space & Recreation Plan. The Board received an update via a memorandum dated February 11, 2025 from Ahrehon Thompson, Office of Strategic Planning & Community Development. ----------------------------------------------------------------------------------------------------------- Page 3 of 4 PB 2/12/25  B. Old & New Business. 1. Review Zoning Amendment Process. At Ioven’s request, Romero provided an overview of the zoning amendment process, as described in Title 12.32.050, Code of the City of Malden, the City zoning ordinance, of which the Board received a copy. The Board discussed the process. -------------------------------------------------------------------------------------------------- C. Subdivision Control/M.G.L. c. 41, §81 and Rules & Regulations of Malden Planning Board Governing Subdivision of Land. 1. 594 Pleasant Street (Parcel ID# 027 101 101), 2 Fellsway East (Parcel ID # 027 101 101A) and 30-32 St. Mary’s Street (Parcel ID # 027 101 102) /Permit Application # INT- 070566-2025 /M.G.L. c.41, §81P. Application for Determination of Planning Board Jurisdiction (whether Approval is Not Required -plan for transfer of 514 SF, reconfigure lot lines and merger/consolidation). 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 February 13, 2025 to City Clerk. Record of Votes: On the motion by Chuha, seconded by Antonucci, to approve the Application and endorse the plan, the vote was seven in favor, none opposed, and the motion passed (7-0). 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 V. Next meeting: Regular meeting: March 12, 2025. VI. Adjournment: 8:14 pm. (On the motion by Chuha, seconded by Antonucci, all voted in favor and the motion passed). Approved: Charles Ioven, Chair Page 4 of 4 PB 2/12/25  CITY of MALDEN PLANNING BOARD NOTICE of DECISION CASE NUMBER 25-01 LOCATION of SUBJECT PROPERTY 267-273 Main Street, Malden, MA NAME of PETITIONER Lewis Colten NAME of PROPERTY OWNER 269-271 Main Street LLC DATE of PUBLIC HEARING February 12, 2025 DATE of DECISION February 12, 2025 DATE of FILING DECISION with CITY CLERK February 18, 2025 DATE of NOTIFICATION to BUILDING INSPECTOR February 18, 2025 FINAL DATE for FILING APPEAL of DECISION with SUPERIOR COURT March 10, 2025 [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 #25-01): 1. The subject property is known as and numbered 267-273 Main Street, Malden, MA and also known by City Assessor’s parcel identification number 076 270 003. 2. The property owner is 269-271 Main Street LLC, 269-271 Main Street, Malden, MA, c/o George Athanasopoulos, and authorized the filing of this petition. 3. The petitioner is Lewis Colten, 9 Vernon Street, Framingham, MA, architect for the pending buyers/new owners of the property, Dr. Chad Patel and Mr. Samir Patel, 6 Gianna Drive, Saugus, MA, who are the owners and operators of the proposed business, Excel Dental; hereinafter, these individuals are collectively referred to as the petitioner. 4. At the public hearing, the petitioner was represented by Lewis Colten, Samir Patel and Dr. Chad Patel. 5. The petition in permit application # CMID-069763-2024 seeks a special permit under Title 12.12.030 of the Code of the City of Malden (the “Ordinance”) to allow medical center use of property in the Highway Business zoning district, namely, dental offices. 6. The following plans were submitted in support of the petition: a) site plan, “Plot Plan, Existing Conditions, Parcel 76-270-3, 267 Main Street, Malden, MA,” dated February 10, 2025, prepared by Timothy R. Callahan, PLS, Hawk Consulting, Inc., Douglas, MA; b) set of plans, “Excel Dental 269 Main Street, Malden, MA,” dated November 18, 2024, signed on November 27, 2024 by Lewis Colten, Architect, Framingham, MA, and prepared by Marc Chase, M. Chase Design LLC, West Brookfield, MA, which include proposed Elevation plans (Index & Cover Sheet A 0), Floor plan (Building Info. 1), Blocking Plan, Plumbing Plan, Electrical Plan, Ceiling Grid & Lighting Plan; c) floor plan, “Basement Plan Supplemental Information Excel Dental,” dated February 10, 2025, prepared by Lewis Colten, Architect; and d) “First Amendment to Use and Occupancy Agreement by and between the Massachusetts Bay Transportation Authority and My Family Ties Restaurant, Inc., Agreement ID C00847,” dated October 15, 2016, which includes, “Exhibit A - Amended Use and Occupancy Agreement Plan,” and is regarding parking along the railroad right-of-way. 7. The public hearing complied with the notice requirements of §12.32.020(K) of the Ordinance and Massachusetts General Laws, Chapter 40A, §11. FINDINGS of FACT (Case #25-01): The City of Malden Planning Board finds the following facts: 1. The subject property contains 1,539 square feet of lot area and is the site of a single-story building with basement, containing 1,443 square feet on the first floor and 1,443 square feet in the basement. 2. The property is currently vacant and was most recently used as a restaurant. 3. The proposal is to renovate the existing building for use as dental offices, namely, family dental center. 4. Under the proposal, the first floor will be configured as five treatment rooms, a reception/waiting area, business desk area, doctors’ workstation, “sterile” area, bathroom and staff room. 5. The property is classified as part of the Highway Business zoning district. 6. The proposed dental offices are classified as medical center use and may be allowed by special permit in this zoning district, per §12.12.030 of the Ordinance. Page 1 of 2 7. The direct abutter to the north is the Boston & Maine Saugus Branch abandoned railroad right-of-way, used in part for the public multimodal trail, the Northern Strand Community Trail/Bike to the Sea, and in part for parking, and on the other side of which are retail services businesses and religious facility uses; to the east, a building with various businesses, including restaurants, offices, retail services, retail sales; to the south, vehicle retail sales; and to the west, on the other side of Main Street, vacant land owned by National Grid, used as a parking lot; and a multifamily residential dwelling. 8. Surrounding land uses are a municipal parking lot and various business uses, including restaurants, retail services, retail sales, medical center/dental offices, and gasoline filling station. 9. The proposed medical center use for dental offices is not in conflict with surrounding land uses. 10. The building on the property predates the current Ordinance; violates all existing dimensional controls, except height; and is preexisting nonconforming, per §§12.16.010 and 12.28.010 of the Ordinance. 11. The proposed use requires a larger lot area than the prior restaurant use; and the proposal exacerbates the existing lot area deficiency and maintains all other violations, per §12.16.010 of the Ordinance. 12. The increased violation of the lot area dimensional control is not more detrimental to the neighborhood. 13. The prior restaurant use required seventeen 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. 14. The proposed medical center use requires eight parking spaces, per §12.20.010 of the Ordinance. 15. The proposal reduces the existing/most recent parking violation. 16. The current property owner has an agreement with the MBTA to use for parking approximately 3,783 square feet of land located on the abandoned railroad right-of- way, abutting the building to the north; this area currently may accommodate seven or eight parking spaces; and according to petitioner, this agreement is assignable, as per petitioner’s conversation with the MBTA. 17. Petitioner’s customers and staff may use offsite public parking, such as a nearby municipal parking lot. 18. The proposal does not require a traffic impact study, per the Planning Board’s Rules and Procedures. 19. The traffic and traffic patterns generated by the proposed use will not adversely impact any of the surrounding streets or create a traffic or safety hazard. 20. Petitioner intends to use a dumpster located in the railroad right-of-way, near the rear of the building, for regular trash; and to store medical waste in the basement until picked up by a contracted service. 21. The proposal will be the ninth location for petitioner’s dental business. 22. Petitioner expects to employ two dentists, three hygienists and three administrative staff at the location. 23. Two residential abutters are in opposition to the proposal. 24. As modified by the proposed conditions of the special permit, the proposal will not be more detrimental to the neighborhood. 25. As modified by the proposed conditions of the special permit, the proposal is in the interest of the common good. DECISION (Case #25-01): On February 12, 2025, pursuant to the foregoing Findings of Fact, the Planning Board granted a special permit, subject to the following four (4) conditions: 1. All development shall be as per plans, except as modified by these conditions; minor modifications of floor plan are allowed. 2. This special permit allows only dental office use and any other medical center use shall require an amendment of this special permit. 3. Provide copy of agreement between current property owner and MBTA for use of area for eight (8) parking spaces in abutting abandoned railroad right-of-way. 4. The basement may be used only for storage, utilities and medical waste storage. RECORD of VOTES (Case #25-01): The vote on the motion by Antonucci, seconded by MacCuish, to grant a special permit with four conditions was seven in favor, none opposed, and the motion passed (7-0): Antonucci, yes; Chuha, yes; Hayes, yes; Henry, yes; MacCuish, yes; Verma, yes; Ioven, yes. [Gebreselassie, Gray, Soucy, Stone, 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  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, 3rd Floor Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 February 13, 2025 Carol Ann Desiderio, City Clerk 215 Pleasant Street Malden, MA 02148 RE: 594 Pleasant Street (Parcel ID# 027 101 101), 2 Fellsway East (Parcel ID # 027 101 101A) and 30-32 St. Mary’s Street (Parcel ID # 027 101 102) Plan for transfer of 514 SF, lot line reconfiguration and merger/consolidation Permit Application # INT-070566-2025 /M.G.L. c.41, §81P Application for Determination of Planning Board Jurisdiction (ANR - Form A) Dated February 6, 2025 (Complete Application filed with City Clerk February 11, 2025) Plan, “Consolidation & A.N.R. Subdivision Plan 594 Pleasant Street- 2 Fellsway East 30-32 Saint Mary’s Street Malden, MA (Middlesex County)” Dated January 27, 2025 (signed January 28, 2025) Prepared by Richard J. Mede, Jr., P.L.S., Medford Engineering & Survey, Medford, MA Dear Ms. Desiderio: At a public meeting on February 12, 2025, the Malden Planning Board determined that the above-referenced plan complies with the statutory criteria of the Subdivision Control Law, M.G.L. Chapter 41, Section 81P and approval is not required under the Subdivision Control Law, and the Board endorsed the plan. Please do not hesitate to contact me with any questions. Thank you. Sincerely, Michelle A. Romero City Planner Cc: Assessor Building Department