Planning Board

CITY of MALDEN PLANNING BOARD Minutes of Regular Meeting Meeting Date: March 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 7:00 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 Stone, Stephanie Verma, Vikas Ronnie Raj Ioven, Charles, Chair Planning Board members absent: Gebreselassie, Tewedaj. Planning Staff in attendance: Michelle Romero, City Planner. Ioven announced that there are eight 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. 91-95 Medford Street (Parcel ID #066 304 407) Permit Application #RES-058977- 2023/§12.28.010.D/To alter & change use of preexisting nonconforming property in Residence A zoning district/To convert vacant storefront to 6th dwelling unit and change multifamily dwelling with five units to multifamily dwelling with six units. Tabled on September 13, 2023 The notice of public hearing was read into the record by Chuha. The Board took the matter off the table, following petitioner’s submission of a revised site plan with missing required information and payment of outstanding real estate taxes, water/sewer fees and lien. Petitioner submitted the following plans and information: 1. Site plan, “Plot Plan of Land in Malden, MA,” dated May 17, 2023, revised through October 25, 2023, prepared by Paul J. Finocchio, P.L.S., PJF & Associates, Wakefield, MA. 2. Set of plans, “Proposed to Convert an Existing Commercial Space to a Residential Unit, 91 Medford Street, Malden, MA 02149,” dated September 8, 2023, prepared by Edward S. Porzio, Reg. Architect, Phung, Porzio inc., Dorchester, MA that include: a. “Existing Layout, Floor Plans” (EX-1, EX-2) for Basement, First, Second and Third Floor Page 1 of 6 PB 3/12/25  b. Existing Elevations for Front (Medford Street), Left (EX-3), Right, Rear (EX-4). c. “Existing First Floor Plan” and “Proposed First Floor Plan” (A-1). The proposal is to convert the vacant storefront space on the first floor to a sixth dwelling unit and change use of the property from a multifamily dwelling with five units to a multifamily dwelling with six units. Presentation by petitioner: 1. Patrick MacDonald, attorney for petitioner/property owner, 479 Eastern Avenue, Malden, MA. 2. Mr. Mitesh Rai, business partner of property owner, 46 Cottage Street, Stoneham. MA. 3. Roy Lloyd, property manager, 550 Main Street, Unit 3, Malden, MA. The Board opened the public hearing and received the following testimony: In favor: 1. Alexandra Offiong and Boris Hernanadez, 221 Madison Street, Malden (via email dated March 11, 2025). 2. Shannon and Brendan McDowell, 100 Medford Street, Malden (via email dated March 11, 2025). 3. Carrie Materi and David McConnell, 100 Medford Street, Malden (via email dated March 11, 2025). 4. Kristin and Chris David, 226 Madison Street, Malden (via email dated March 11, 2025). In opposition: 1. Peg Crowe, Ward 1 City Councilor, 9 Hancock Street, Malden. 2. Shannon McDowell, 100 Medford Street, Malden (withdrew favorable email support via in person testimony). 3. Carrie Materi, 100 Medford Street, Malden (withdrew favorable email support via in person testimony). The Board closed the public hearing. The Board received the following documentation and information at the meeting: 1. Planning Report & Recommendation dated March 12, 2025. The Planning Board tabled the public hearing and its decision to allow petitioner the opportunity to address various issues and do the following: 1. Provide revised drawings/plans to show proposed shared basement access. 2. Provide proposed “finish” plans for basement. 3. Propose storage and screening of trash barrels and plans to manage trash. 4. Explain/depict proposed parking assignments to units and accessibility to parking for residents. 5. Provide proposed exterior site and fencing improvements. 6. Clarify existing fire/smoke/fire suppression system in building. 7. Meet with the Ward 1 City Councilor and neighborhood. 8. Provide permits for work currently on-going in other units. The Board directed that the City mail notice of the next public hearing date to abutters. Record of Votes: The vote on the motion by Antonucci, seconded by Gray, to table the public hearing and decision, was six in favor, two opposed, and the motion passed (6-2): Yes No Absent Recused Abstained Not Voting ANTONUCCI X Page 2 of 6 PB 3/12/25  CHUHA X GEBRESELASSIE X GRAY X HAYES X HENRY X 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. Tabled on February 12, 2025 The notice of public hearing was read into the record by Chuha. The Board took the matter off the table, following receipt of petitioner’s request to proceed with less than a full Board. Petitioner submitted the following plans and information: 1. “Site Plan of Land Malden, Mass.,” dated March 23, 1993, prepared by Robert E. Grover, P.E., P.L.S., J & B Survey, Melrose, MA. 2. “Existing Conditions Floor Plans, 578 Main Street Malden, MA,” dated May 2023, prepared by National Floor Plans, Boston, MA. 3. Correspondence dated December 5, 2024 and emails dated January 21, 2025 and February 10, 2025 from Thomas P. Callaghan, Jr.. 4. “Rent Roll As of 12/1/2024, 578 Main Street, Current leases, All units,” prepared by United Properties Inc. 5. “578 Main St-Parking Survey,” for dates January 14, 2025 - February 5, 2025, and dates January 14, 2025 - February 21, 2025, prepared by Thomas P. Callaghan, Kelliher & Callaghan, Malden, MA. Presentation by petitioner: 1. Thomas Callaghan, attorney for petitioner, One Centre Street, Malden, MA. 2. Daniel Lewis, 7 Ashley Court, Lynnfield, MA, who is President of Guardian Angel Senior Services, Inc., petitioner and prospective buyer/new property owner. 3. Otto Flores, Construction Manager, 578 Main Street LLC, c/o United Properties, current property owner (introduced as in attendance, did not provide testimony). 4. David Klovee, Property Manager, 578 Main Street LLC, c/o United Properties, current property (introduced as in attendance, did not provide testimony). At approximately 9:35 p.m., at request of Ward 4 City Councilor Ryan O’Malley, made due to a scheduling issue, the Board opened the public hearing and received the following testimony: In favor: 1. Ryan O’Malley, Ward 4 City Councilor, 706 Main Street, Malden. The Board then allowed petitioner’s presentation to resume. The Board reopened the public hearing and received the following testimony: In favor: 1. Lisa Gurgone, CEO, Mystic Valley Elder Services, 300 Commercial Street, Suite 19, Malden (via email dated February 10, 2025). Page 3 of 6 PB 3/12/25 In opposition: None The Board closed the public hearing. --------------------------------------------------------------------------------------------------------------- At approximately 10:35 p.m., the Board took a temporary recess to allow Romero to locate zoning ordinances re: medical offices in effect when prior special permits were granted in 1993 and 1996. (on the motion by Antonucci, seconded by Henry, all voted in favor and the motion passed, 8-0). At approximately 10:50 p.m., the Board reconvened (on the motion by Chuha, seconded by Antonucci, all voted in favor and the motion passed, 8-0). ------------------------------------------------------------------------------------------------------------- The Board received the following documentation and information at the meeting: 1. Planning Report & Recommendation dated March 12, 2025. 2. Special permit Case #96-43. 3. Special permit Case #93-18. Decision: The Planning Board granted a special permit, subject to the following ten (10) conditions: 1. Use of the property shall be as per plans, unless and except as modified by these conditions. 2. This special permit allows use of the property for medical offices and/or general offices, and an optical shop, which must be accessory to an onsite medical office and shall be limited to 675 SF. This special permit supersedes previous special permits. 3. That section of the basement from the elevator toward Main Street shall be limited in use to accessory, employee, and storage uses (including general restroom facilities) only. 4. The attic may be used only for storage. 5. There shall be no vehicular access/egress to the property via Holm Court. 6. Provide copy of contract for snow removal. 7. Install and maintain landscaping per plan prepared subject to reasonable approval of Ward City Councilor. 8. Provide parking for four bicycles. 9. Provide copy of agreement for use of offsite parking for 10 vehicles. 10. All tenants require a certificate of occupancy The decision is described in Case #25-02 (attached). Record of Votes: On the motion by Antonucci, seconded by Chuha, to grant a special permit subject to ten (10) conditions, the vote was seven in favor, one opposed, and the motion passed (7-1). Yes No Absent Recused Abstained Not Voting ANTONUCCI X CHUHA X GEBRESELASSIE X GRAY X HAYES X HENRY X STONE X VERMA X Page 4 of 6 PB 3/12/25 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 March 3, 2025 from Ahrehon Thompson, Office of Strategic Planning & Community Development. Romero provided an update that City Councilor Ryan O’Malley requested the Master Plan Steering Committee to reconvene and that the meeting was scheduled for March 31, 2025. 3) Open Space & Recreation Plan. The Board received an update via a memorandum dated March 3, 2025 from Ahrehon Thompson, Office of Strategic Planning & Community Development. ----------------------------------------------------------------------------------------------------------- B. Subdivision Control/M.G.L. c. 41, §81 and Rules & Regulations of Malden Planning Board Governing Subdivision of Land. 1. 100 Hospital Road (Parcel ID# 025 104 401), 57 Hospital Road (Parcel ID 025 105 501) and 178 Savin Street (Parcel ID # 025 105 516)/Permit Application # CMID-058565-2023/M.G.L. c.41, §81P. Application for Determination of Planning Board Jurisdiction - Approval Not Required (plan for subdivision and merger of existing parcels to establish five new lots). 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 correspondence dated March 13, 2025 from Romero to City Clerk (attached). Record of Votes: On the motion by Chuha, seconded by Antonucci, to approve the Application and endorse the plan, the vote was eight in favor, none opposed, and the motion passed (8-0). Yes No Absent Recused Abstained Not Voting ANTONUCCI X CHUHA X GEBRESELASSIE X GRAY X HAYES X HENRY X STONE X VERMA X IOVEN Chair X ---------------------------------------------------------------------------------------------------------------------------------- C. Zoning: Special Permits/ Title 12, Code of City of Malden (MCC). 1. 1236 Eastern Avenue (Parcel ID # 154 500 011) Permit Application #CMID-062352- 2023/§§12.12.030 & 12.28.010.E/To structurally change & extend preexisting nonconforming Page 5 of 6 PB 3/12/25  building in Industrial 1 zoning district/To construct addition to 1st & 2nd floors. Tabled on March 13, 2024 - Request to withdraw petition received March 4, 2025. Romero gave an overview of the Board’s tabling of the decision, and provided an update that petitioner does not intend to move forward with the proposal and petitioner requests to withdraw the petition. Decision: The Planning Board allowed the petition to be withdrawn without prejudice. The decision is described in Case #25-03 (attached). Record of Votes: On the motion by Antonucci, seconded by Chuha, to allow the petition to be withdrawn without prejudice, the vote was eight in favor, none opposed, and the motion passed (8-0). Yes No Absent Recused Abstained Not Voting ANTONUCCI X CHUHA X GEBRESELASSIE X GRAY X HAYES X HENRY X STONE X VERMA X IOVEN Chair X ---------------------------------------------------------------------------------------------------------------------------------- V. Next meeting: Regular meeting: April 9, 2025. ----------------------------------------------------------------------------------------------------------------- VI. Adjournment: 11:31 p.m. (On the motion by Chuha, seconded by Verma, all voted in favor and the motion passed). ------------------------------------------------------------------------------------------------------------------- Approved: Charles Ioven, Chair Page 6 of 6 PB 3/12/25  CITY of MALDEN PLANNING BOARD NOTICE of DECISION CASE NUMBER 25-02 LOCATION of SUBJECT PROPERTY 578 Main Street, Malden, MA NAME of PETITIONER Guardian Angel Senior Services, Inc. NAME of PROPERTY OWNER 578 Main Street LLC DATES of PUBLIC HEARING February 12, 2025 and March 12, 2025 DATE of DECISION March 12, 2025 DATE of FILING DECISION with CITY CLERK March 19, 2025 DATE of NOTIFICATION to BUILDING INSPECTOR March 19, 2025 FINAL DATE for FILING APPEAL of DECISION with SUPERIOR COURT April 8, 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 #25-02): 1. The subject property is known as and numbered 578 Main Street, Malden, MA and also known by City Assessor’s parcel identification number 049 279 926. 2. The property owner is 578 Main Street LLC, 148 Main Street, Malden, MA, c/o Andreas Tsitos, United Properties Inc. and authorized the filing of this petition. 3. The petitioner is Guardian Angel Senior Services, Inc., 1 Survey Circle, Suite 201, North Billerica MA, the prospective buyer/new owner of the property. 4. At the public hearing, petitioner was represented by Attorney Thomas P. Callaghan, One Centre Street, Malden, MA, and Daniel Lewis, 7 Ashley Court, Lynnfield, MA, who is President of Guardian Angel Senior Services, Inc. 5. The petition in permit application # COO-069827-2024 seeks to amend the special permits granted in Case #93-18 and Case #96-43 and seeks a special permit under Title 12.28.010.D.3 of the Code of the City of Malden (the “Ordinance”) to allow general office use of preexisting nonconforming property in the Residence B zoning district. 6. The following plans and information were submitted in support of the petition: site plan, “Site Plan of Land Malden, Mass.,” dated March 23, 1993, prepared by Robert E. Grover, P.E., P.L.S., J & B Survey, Melrose, MA; “Existing Conditions Floor Plans, 578 Main Street Malden, MA,” dated May 2023, prepared by National Floor Plans, Boston, MA; correspondence dated December 5, 2024 and emails dated January 21, 2025 and February 10, 2025 from Thomas P. Callaghan, Jr.; “Rent Roll As of 12/1/2024, 578 Main Street, Current leases, All units,” prepared by United Properties Inc.; and “578 Main St-Parking Survey,” for dates January 14, 2025 - February 5, 2025, and dates January 14, 2025 - February 21, 2025, prepared by Thomas P. Callaghan, Kelliher & Callaghan, Malden, MA. 7. The proposal does not require a traffic impact study, per the Planning Board’s Rules and Procedures. 8. On February 12, 2025, the Planning Board opened the public hearing, and prior to receiving any public comment, tabled the public hearing at the request of petitioner, who stated its reason for the request was that there was less than a full Board of nine members present. 9. Petitioner requested to proceed with the public hearing with less than a full Board, and the Planning Board held a public hearing on March 12, 2025. 10. Both public hearings complied with the notice requirements of §12.32.020(K) of the Ordinance and Massachusetts General Laws, Chapter 40A, §11, and in addition, notice of the March 12, 2025 public hearing was mailed to abutters. FINDINGS of FACT (Case #25-02): The City of Malden Planning Board finds the following facts: 1. The subject property is the site of a three-story building with basement and attic, containing a total approximately 16,555 square feet, excluding the attic, comprised of 5,760 square feet on the first floor, 5,760 square feet on the second floor, and 5,035 square feet in the basement. Page 1 of 3 2. The building is currently configured as twenty-six units or suites, and according to petitioner, units are currently leased to various medical service providers with certificates of occupancy, such as primary care doctors, mental health professionals, dietician and paternity testing; and according to the “Rent Roll” provided by current owner, tenants also include providers of dental care, physical therapy and aesthetics, and seven units are vacant. 3. The proposal is to allow use of the existing building for general offices and/or medical offices. 4. Petitioner intends to occupy approximately 3,000 square feet of the first floor for its general offices and training of employees; and other general office tenants of the building are to be determined. 5. The property is classified as part of the Residence B zoning district. 6. The proposed general offices use is prohibited in this zoning district, however, may be allowed by special permit as a change of use of preexisting nonconforming property, per §§12.12.030 and 12.28.010.D of the Ordinance. 7. The use formerly known as, “medical and dental offices, clinics,” is now classified as part of the use known as, “medical center,” which is prohibited in this zoning district, per §12.12.030 of the Ordinance; and use of the property for medical offices, accessory optical shop and clinic was allowed by special permits granted in Case #93-18 and Case #96-43, under the then-existing Ordinance. 8. Both prior special permits contain a condition that restricts use of the attic to storage and use of the basement as follows: approximately 2,842 square feet may be used for medical offices and approximately 2,193 feet, namely, that section of the basement from the elevator toward Main Street, may only be used for “accessory, employee, and storage uses (including general restroom facilities);” and under the proposal, petitioner intends to maintain this restricted use of the attic and basement. 9. The direct abutter to the west is the YMCA; to the north and west, a three-family dwelling; and to the south, a three-family dwelling; and to east, on the other side of Main Street, a religious facility, medical offices and four-family-dwelling; to the north, on the other side of Holm Court, a mixed-use building with medical offices and two dwelling units, a two-family dwelling and a three-family dwelling; and to the southwest, on the other side of Ramsdell Road, general offices. 10. Surrounding land uses are residential and business. 11. The building on the property complies with existing dimensional controls for medical center use or general office use, per §12.16.010 of the Ordinance, and the proposal creates no nonconformities. 12. Under the proposal, whereas the building may be occupied for medical offices and/or general offices, the amount of parking required will depend on the amount of the building occupied for each use; and the proposed occupancy of 14,362 square feet of the building requires 79 parking spaces for medical center use and 57 spaces for general office use, per §12.20.010 of the Ordinance. 13. There are 49 parking spaces onsite, numbered and located in paved parking areas on the sides and at the rear of the building. 14. Under the proposed occupancy of 14,362 square feet of the building, the property has a deficiency of 30 parking spaces for medical center use and a deficiency of 8 parking spaces for general office use. 15. The prior special permits include a condition that requires leasing of offsite parking; and according to petitioner, the current property owner has a parking agreement with 25 Florence Street for eight parking spaces, which may be assigned to the new owner, petitioner. 16. The actual parking layout onsite near the main entrance, on the northern side of the building, is not as shown on the site plan, with spaces located in the depicted landscaped area; and several parking spaces are currently unusable because used for snow storage or blocked by the dumpster. 17. The required snow storage, 1,960 square feet, per §12.20.020.I.6 of the Ordinance, is not depicted on the site plan nor provided onsite; and petitioner intends to use a service to remove snow from the site. 18. The required bicycle parking for four bicycles, per §12.20.020.I.14 of the Ordinance, is not depicted on the site plan nor provided onsite; and petitioner intends to provide it onsite. 19. The property does not comply with conditions of prior special permits regarding landscaping, including location of landscaping and fence and planting screen along the southerly property line. Page 2 of 3 20. The location of the dumpster abuts the property line with the residence at 14 Holm Court, in violation of a condition of the prior special permits and §12.20.030.H of the Ordinance; and there is a significant grade change and high retaining wall between the properties. 21. The Ward 4 City Councilor and Mystic Valley Elder Services, a non-profit service provider with headquarters in Malden, are in favor of the proposal. 22. There is no public opposition to the proposal. 23. As modified by the proposed conditions of the special permit, the proposal will not be more detrimental to the neighborhood. DECISION (Case #25-02): On February 12, 2025, the Planning Board tabled the public hearing and directed that notice of the new date of public hearing be mailed to abutters. On March 12, 2025, pursuant to the foregoing Findings of Fact, the Planning Board granted a special permit, subject to the following ten (10) conditions: 1. Use of the property shall be as per plans, unless and except as modified by these conditions. 2. This special permit allows use of the property for medical offices and/or general offices, and an optical shop, which must be accessory to an onsite medical office and shall be limited to 675 SF. This special permit supersedes previous special permits. 3. That section of the basement from the elevator toward Main Street shall be limited in use to accessory, employee, and storage uses (including general restroom facilities) only. 4. The attic may be used only for storage. 5. There shall be no vehicular access/egress to the property via Holm Court. 6. Provide copy of contract for snow removal. 7. Install and maintain landscaping per plan prepared subject to reasonable approval of Ward City Councilor. 8. Provide parking for four bicycles. 9. Provide copy of agreement for use of offsite parking for 10 vehicles. 10. All tenants require a certificate of occupancy. RECORD of VOTES (Case #25-02): The vote on February 12, 2025, on the motion by MacCuish, seconded by Antonucci, to table the public hearing, 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]. The vote on March 12, 2025, on the motion by Antonucci, seconded by Chuha, to grant a special permit subject to ten conditions, was seven in favor, one opposed, and the motion passed (7-1): Antonucci, yes; Chuha, yes; Gray, yes; Hayes, yes; Henry, yes; Stone, no; Verma, yes; Ioven, yes. [Gebreselassie, 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 3 of 3  City of Malden Massachusetts INSPECTIONAL SERVICES 215 Pleasant Street, 3rd Floor Malden, Massachusetts 02148 (781) 397-7000 ext. 2044 March 13, 2025 Carol Ann Desiderio, City Clerk 215 Pleasant Street Malden, MA 02148 RE: 100 Hospital Road (Parcel ID# 025 104 401) 57 Hospital Road (Parcel ID 025 105 501) and 178 Savin Street (Parcel ID # 025 105 516) Plan for subdivision and merger of existing parcels to establish five new lots. Permit Application # CMID-058565-2023/M.G.L. c.41, §81P Application for Determination of Planning Board Jurisdiction (ANR - Form A) Dated March 12, 2025 Plan, “Plan of Land Hospital Road & Savin Street Malden, Mass.” (Two Sheets) Dated July 29, 2024 (signed March 5, 2025) Prepared by Timothy R. Agurkis, P.L.S., Feldman Geospatial, Boston, MA Dear Ms. Desiderio: At a public meeting on March 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 Engineering Department  CITY of MALDEN PLANNING BOARD NOTICE of DECISION CASE NUMBER 25-03 LOCATION of SUBJECT PROPERTY 1236 Eastern Avenue, Malden, MA NAME of PETITIONER Craig Murphy NAME of PROPERTY OWNER Murphy Avakian Realty LLC DATE of PUBLIC HEARING March 13, 2024 DATE of DECISION March 12, 2025 DATE of FILING DECISION with CITY CLERK March 20, 2025 DATE of NOTIFICATION to BUILDING INSPECTOR March 20, 2025 FINAL DATE for FILING APPEAL of DECISION with SUPERIOR COURT April 9, 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 #25-03): 1. The subject property is 1236 Eastern Avenue, Malden, and also known by Assessor’s Parcel ID #154500011. 2. The property owner is Murphy Avakian Realty LLC, 50 Boatswain Way, #514, Chelsea, MA, c/o Manager, Craig Murphy. 3. The petitioner is Craig Murphy, 50 Boatswain Way, #514, Chelsea, MA, owner and operator of CRG Graphics, 1236 Eastern Avenue, Malden. 4. At the public hearing, petitioner represented himself. 5. The petition filed in permit application # CMID 062352-2023 seeks a special permit under Title 12, Chapter 28, Section 010(E), Code of the City of Malden, to structurally change and extend preexisting nonconforming property in the Industrial 1 zoning district. 6. The following plans and information were submitted in support of the petition: a) Photo of front and left side of existing building and photosimulation, “Proposed new look,” undated, prepared by CRG Graphics; b) “Existing Elevations to building” and “Proposed Elevations,” signed by Craig Murphy, 1/30/24, CRG Graphics, Owner and General Contractor LIC CS 097105 – updating drawing, “Proposed 5000 SQ FT Addition for Mr. Addonzio 1236 Eastern Avenue, Malden, MA,” dated February 23, 1989, revised November 5, 1989, prepared by Dzioba Design Associates, Salem, NH; c) “Existing Floor Plan,” signed by Craig Murphy, 2/6/24, CRG Graphics, Owner and General Contractor LIC CS 097105 – updating “Floor Plans, 1236 Eastern Avenue, Malden, Mass. (Middlesex County),” dated November 25, 2014, prepared by Richard J. Mede, Jr., P.L.S., Medford Engineering & Survey, Medford, MA; d) “Proposed Floor Plan,” signed by Craig Murphy, 3/4/24, CRG Graphics, Owner and General Contractor LIC CS 097105 – updating “Floor Plans, 1236 Eastern Avenue, Malden, Mass. (Middlesex County),” dated November 25, 2014, prepared by Richard J. Mede, Jr., P.L.S., Medford Engineering & Survey, Medford, MA; e) “Proposed Parking Plan,” signed by Craig Murphy, 1/30/24, CRG Graphics, Owner and General Contractor LIC CS 097105 - updating “Certified Plot Plan of Land, 1236 Eastern Avenue, Malden, Mass.,” dated December 14, 2012, revised November 24, 2014, prepared by Richard J. Mede, Jr., P.L.S., Medford Engineering & Survey, Medford, MA; and f) Existing Parking Plan/site plan, “Certified Plot Plan of Land, 1236 Eastern Avenue, Malden, Mass.,” dated December 14, 2012, revised November 24, 2014, prepared by Richard J. Mede, Jr., P.L.S., Medford Engineering & Survey, Medford, MA. 7. On March 13, 2024, the Planning Board held a public hearing and tabled its decision, to provide petitioner with the opportunity to address outstanding issues, namely, violations listed in the Planning Report & Recommendation dated March 13, 2024; to prepare and submit complete plans, namely, architectural plans and site plan with parking layout, with all required information; and to obtain an encroachment agreement for any proposed use of the MBTA right-of-way. 8. The public hearing complied with the notice requirements of §12.32.020(K) of the Ordinance and Massachusetts General Laws, Chapter 40A, §11. 9. On March 4, 2025, petitioner gave notice that he does not intend to move forward with the proposal and submitted a written request to withdraw the petition. FINDINGS of FACT (Case #25-03): The City of Malden Planning Board finds the following facts: 1. The property is the site of a two-story building with a total gross floor area of 10,805 square feet, comprised of 6,295 square feet on the first floor and 4,980 square feet on the second floor. Page 1 of 2 2. The property is currently occupied by a motor vehicle repair shop; a motor vehicle repair shop with accessory vehicle sales, licensed by the City to buy and sell second-hand motor-vehicles for five cars; and manufacturing business with accessory retail and offices, namely, petitioner’s sign, awning and printing business. 3. The proposal is to construct an addition to the building, containing 220 square feet, on the first floor at the front, western side of the building, and 1,300 square feet on the second floor, above the western section. 4. Use of the proposed addition is yet to be determined; the first floor portion may be used for offices, manufacturing or motor vehicle repair shop, and the second floor portion may be used for offices. 5. The prior special permits granted in Cases ##91-17, 13-04 and 15-02 allow the current use of the property and/or legalized use of the property in violation of conditions of prior special permits. 6. The property is currently being used in violation of the current zoning, specifically, the special permit granted in Case #15-02, including: Condition 3 (No overnight outside parking of unregistered vehicles awaiting repair; outside display and storage of unregistered vehicles for sale is limited to a maximum of five cars and must be in compliance with the City license); Condition 4 (No outside storage of any materials or unregistered equipment on site); Condition 5 (Maintain property clean and clear of trash and debris); Condition 7 (Parking layout shall be as per site plan dated November 25, 2014; this plan shall be submitted to City Council for vehicle sales license); and Condition 11 (Compliance with requirements of Board of Health re: screening dumpsters, per BOH letter 2/12/13). 7. The property is currently being used in violation of the City Council license (#393-23) for vehicle sales, with respect to the approved number of vehicles and layout. 8. During a site visit on March 11, 2024, observed were: ten unregistered vehicles on display for sale (as indicated by sale flags/writing on windshields); nine unregistered vehicles parked/stored outside, some appearing to be awaiting repair; various materials (racks of tires, engines, loose tires, car parts) and unregistered equipment stored outside; trash and debris; parking not in accordance with approved layout: seven vehicles (registered) parked at rear of the building; one car (unregistered) parked blocking garage door, one vehicle (registered) parked blocking front door; and three dumpsters unscreened, two of which were located in the parking aisle. 9. Exterior and interior parking depicted on the site plan are not labeled, and it is unclear which tenants use which spaces and how, i.e., for work-space, vehicles for sale, parking for employees and customers. 10. Petitioner uses the abutting MBTA right-of-way for parking, dumpsters, and snow storage, however, petitioner has no encroachment or use agreement. 11. The Ward 8 City Councilor is in opposition to the petition. 12. The Board requests complete plans, namely, architectural plans and site plan with parking layout, with all required information listed on the “Submission Requirements for All Special Permit Applications,” contained in the Rules and Procedures of the Malden Planning Board; and an encroachment agreement for any proposed use of the MBTA right-of-way, i.e., for parking, dumpsters, snow storage. 13. On March 13, 2024, petitioner stated that he intends to address the outstanding issues and violations and provide the requested information. DECISION (Case #25-03): On March 13, 2024, pursuant to the foregoing Findings of Fact, the Planning Board tabled its decision to allow petitioner opportunity to address outstanding issues and violations and provide information requested by the Board. On March 12, 2025, the Planning Board allowed the petition to be withdrawn without prejudice. RECORD of VOTES (Case #25-03): March 13, 2024, on the motion by Antonucci, seconded by MacCuish, to table the decision, the vote was nine in favor, none opposed, and the motion passed (9-0): Antonucci, yes; Chuha, yes; Gebreselassie, yes; Gray, yes; Hayes, yes; Henry, yes; MacCuish, yes; Soucy, yes; Ioven, yes. [Stone, Verma, present, not voting]. On March 12, 2025, on the motion by Antonucci, seconded by Chuha, to allow the petition to be withdrawn without prejudice, the vote was eight in favor, none opposed, and the motion passed (8-0): Antonucci, yes; Chuha, yes; Gray, yes; Hayes, yes; Henry, yes; Stone, yes; Verma, yes; Ioven, yes. [Gebreselassie, 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