2026-09-09 - Planning Board

00:009, 2026.

00:04Couple administrative things to do.

00:06First,

00:10uh, for those in attendance, under the

00:12provisions of the open meeting law,

00:14attendees are being informed that this

00:17meeting is being recorded by urban media

00:19arts and will be livereamed on Malden

00:23Access MATV YouTube site. I have not

00:27been notified that there are any other

00:29video or audio recording of this meeting

00:32that will occur.

00:35Um the second thing

00:41at the advice of the city solicitor I am

00:44making this general statement for the

00:46record at this time due to the urgent

00:49nature of a fraudulent situation

00:52involving a petitioner that came to my

00:55attention today. I have never requested

00:58money from a petitioner or applicant and

01:01no member of the planning board will

01:03ever contact a petitioner or applicant

01:06for money for any reason.

01:09If a petitioner or applicant receives an

01:12email, text, phone call, or letter

01:16requesting money or wire transfer,

01:20do not respond to the sender and please

01:22notify the inspectional service

01:24department at city hall directly and in

01:27person. Thank you.

01:31Um,

01:32next thing we will do is

01:36we will um do our roll call starting

01:40with Maria. Give me a second. Maria

01:45>> Maria Schroeder, planning board.

01:48>> Diane Shuha, Planning Board.

01:50>> Ken Antinucci, planning board. Chuck

01:52Aovvin, planning board. Pat Hayes,

01:55planning board.

01:57>> Eric Henry, planning board.

02:00Michelle Ferguson, Planning Board.

02:04>> Thank you very much.

02:06Uh the first item on the that we'll take

02:09up this evening is 245 Bryant Street.

02:13Is the petitioner present?

02:16I'd ask everyone when you come up,

02:19please speak into the microphone, give

02:22your name and residential address for

02:24the record and then um sign the

02:28clipboard with so we get the correct

02:32spelling and address

02:34for our records. Thank you.

02:37Uh Diane, would you read the notice,

02:39please?

02:40>> Yes. The Maldon Planning Board will hold

02:42a public hearing in the Herbald Jackson

02:44Council Chamber, Malden City Hall, 215

02:47Pleasant Street, Malden, Mass, at 7 p.m.

02:49on Wednesday, September 9th, 2026 on the

02:52petition of AC/DC245

02:55Bryant LLC in permit application number

02:58CMID-069419-2024

03:04seeking to amend the special permit

03:06granted in case number 25-06

03:09under title 12 code of the city of

03:11Malden sections 12.12.010 010 C 12.1230

03:19and 12.28.010

03:21010D

03:23which special permit allow use of

03:26pre-existing non-conforming property in

03:27the residence A zoning district to

03:30construct a three-story multif family

03:31build dwelling with 35 affordable units

03:34at the site of a prefer preferably

03:37preserved building namely to revise the

03:40proposal to add one additional dwelling

03:42unit and construct a three-story multif

03:45family dwelling with 36 affordable

03:47housing units and to change the

03:48affordable housing units from home

03:50ownership units to rental units at the

03:52property known as and numbered 245 Brian

03:55Street, Malden, Mass, and by city's

03:57assessor's partial identification number

03:59097424414.

04:04>> Thank you, Diane. And I see the

04:07petitioner at the podium. If you could

04:08introduce yourself, please.

04:10>> Hi. Uh, my name is Mug Unir. I'm the

04:13director of real estate at Asian

04:15Community Development Corporation, who

04:16is the, uh, developer of this parcel.

04:20Um,

04:21I mean, we're basically just like as

04:24it's been said, we are coming back to

04:26seek an amendment to our special permit,

04:28specifically to add an additional unit.

04:30Um, and also to switch from uh home

04:33ownership to rental. Um, mainly that

04:36switch is dictated by the funding

04:38environment that we're working in right

04:40now. um we are unable to access home

04:43ownership affordable home ownership

04:45funds uh through the commonwealth

04:46builders program which is the sole

04:48funding program of affordable home

04:50ownership in the state of Massachusetts.

04:52Uh we have applied we had applied for

04:54funding uh through that source and uh

04:57last year and were notified that um they

05:00are actually currently overprescribed.

05:03So they don't have enough subsidy to

05:05support all of the affordable home

05:06ownership that uh developers are seeking

05:09to develop in the state of

05:10Massachusetts. And so we have um we are

05:14requesting to make the switch to rental

05:16which is also a very you know we we need

05:19to have more affordable rental housing

05:21as well. So we're happy to make that

05:23pivot um and you know are willing to do

05:25so and hope that um we can you know

05:28discuss that here.

05:32>> Okay. Could you go into a little bit

05:34more specifics of the changes? I noticed

05:36the plans are um

05:40significantly different in the mix of

05:43the units and you're adding a unit.

05:46>> Correct. So we originally we came in

05:49with 35 units. Um right now and the unit

05:52composition was a little bit different.

05:54So I believe there were 65% two and

05:56threebedroom units. Now there's 61% two

05:59and threebedroom units. um we had to in

06:03order to add a new unit basically to

06:04help make get this uh project

06:07financially feasible, we added a unit

06:09and so we had to change a couple threeb

06:12or one three-bedroom unit to two

06:14one-bedroom units. Um so there was a

06:16little bit of shuffling that went on

06:18with the unit composition in the project

06:21as well.

06:24>> Okay. So the reason for the additional

06:26unit is because of the funding. Have you

06:29secured funding for

06:31>> No. So, we can't apply for state funding

06:34without um planning board approval. The

06:36state does not think that your project

06:39is competitive for financial assistance

06:41until you are um funded or until you're

06:44approved by the planning board. We do

06:46however have um I believe we have

06:48funding from the city of Malden um for

06:51this project.

06:54>> Um

06:57okay.

07:00How much is Maldin going to subsidize?

07:02>> I believe I don't remember now, but I

07:04believe

07:04>> significant or

07:05>> 1.1 million

07:07>> 1.1 million.

07:11>> And what's the total estimated cost of

07:14the property?

07:16>> Uh so well the total estimated cost for

07:19the entire uh construction is around uh

07:21I believe it's 12 million at the moment.

07:24>> Okay. So about 8% Alden's going to fund.

07:26>> Yeah.

07:36How long will um assuming this gets

07:39approved tonight, how long will it be

07:42before you know whether you're going to

07:44get um approved for the other funding?

07:48>> So, we will apply for the um the uh

07:52preapp, which is just like an

07:54introduction to the project to the

07:55state. We will submit that later this

07:57month in about in two weeks and if they

08:02uh invite us to the round, the winter

08:04round then we would apply for the full

08:07funding from the state in that round. So

08:09we would submit all of our materials and

08:11application materials and if we get

08:13awarded the funding then that would be

08:15likely announced in February 2027.

08:21>> And if you don't, do you have to wait

08:23another year?

08:24>> If we don't, it depends. So sometimes

08:26the state issues a mini round which is

08:28just basically for projects that they

08:30couldn't fund in the winter round.

08:32They'll invite them to participate in a

08:34summer round. So we could potentially um

08:36get funded in the summer as well. But if

08:40not in the summer then yes next winter.

08:53Okay. And um how long do you think it

08:56will take to

08:59build the new structure?

09:01>> Uh the general contractor is estimating

09:0416 months right now.

09:21Okay. Um

09:23can can you take us through some of the

09:25plans and what some of the significant

09:27changes are?

09:29>> So

09:30>> I I noticed there seem to be more

09:32amenities.

09:33>> Yes. So when

09:34>> previously

09:35>> correct? Yeah. So when you switch from

09:37home ownership so home ownership only

09:39has you don't really have necessarily a

09:42large slew of requirements but when you

09:44do rental you have to provide community-

09:46based you know assets basically within

09:48the building. So, there will be a

09:50community room. There will be laundry on

09:52every floor as opposed to within each

09:54unit. Um, which is a requirement of the

09:57state. There will be um what else?

10:01There's going to be quiet rooms

10:02throughout. There's just some spaces

10:03where we want to give people, you know,

10:05the opportunity to work if they'd like.

10:07There'll be a property management

10:09office. Um, and those are the those are

10:12the main amenities um that are part of

10:14the project. Um, we did relocate the

10:17bike room from the interior to now a

10:19closed exterior bike room that will sit

10:22uh adjacent or within the adjacent to

10:26the parking structure or the parking lot

10:28rather. Um, and that is mainly because

10:30we had to make space for the community

10:32room um in the building which you know

10:35we have providing a onetoone uh bike to

10:39unit uh parking for bikes um is just a

10:42it's a large space. So for 36 bikes

10:45basically.

10:46>> Okay.

10:47>> Yep. [snorts]

10:50>> Um

10:52how are you going to handle the

10:54dumpster?

10:55>> So we are reloc I know that in the

10:58existing plans the dumpster is located

11:00in an area that it's it's not it's not

11:02to be located. So we're going to work

11:05with our landscape architect to make

11:06sure that we locate it in a different

11:08location. So right now what is on the

11:10plans and we in the plan or in the

11:13planning board memo from the previous

11:15special permit um it was under

11:17advisement to move that and so we will

11:19be moving that.

11:20>> Okay.

11:25So so it was recommended in the previous

11:29one but the new plans didn't accommodate

11:31that. We we just haven't we basically

11:34what we've spent the last year doing is

11:37making applying for home ownership and

11:39then having to quickly pivot to rental

11:41and then reconfigure the whole building.

11:43So right now we're still in conceptual

11:45design. So as we progress we start to

11:48narrow those things. So for example the

11:49fence is still listed as you know a

11:52chain link fence in the plans but those

11:54will not that will not be a chain link

11:55fence for the final design process. Um

12:00have you have you seen the

12:01recommendations?

12:02>> Correct. Yes.

12:03>> Um the the first one is that all

12:07development shall be as per plans. So

12:10are you saying that the plans that we

12:12reviewed and that we have with us aren't

12:14the final plans?

12:15>> No, it's just the specifications. So

12:17because the chain link fence is a

12:19specification that's going to a fence

12:21will be there for example but it'll be a

12:24different type of fence as recommended

12:26in the in the

12:28I believe it's in the fun no it's in the

12:30planning recommendations.

12:35Yeah number six for example is the

12:39fence.

12:39>> Okay. So things like the location of the

12:41dumpster and the fence aren't finalized,

12:45but the fact that you're looking for 36

12:48units uh in the mix that it's

12:53identified,

12:54>> correct?

12:54>> Won't change.

12:55>> That will not change. No.

12:57>> Okay.

13:03Um,

13:09do you have any internal estimates of

13:12the probability of you getting financing

13:15in the this winter round?

13:18>> So, for the winter round, it really

13:20honestly it just depends on the state,

13:22the number of applications they get. So,

13:25it depending and how competitive we are

13:27in the process. So, we can't really

13:29dictate exactly whether or not we will

13:32get funded in that round. It's kind of

13:34one of the like we have, for example, we

13:36have another development in Malden that

13:38has been funded and we're closing on

13:40construction on that um in a couple

13:42months. And so, that is off of our

13:45docket and now this will be on our

13:46docket for the state. So, they see that

13:48we're closing deals, we're starting

13:50construction. So, that helps with our

13:52competitiveness in the funding rounds.

13:55But we don't we can't um we can't like

13:58speak to whether or not they will fund

13:59us.

14:03>> Okay. [clears throat]

14:20with regard to some of the um like

14:23utilities and

14:26things of that nature associated with

14:28the building. Um

14:31is the change in the mix of units

14:35significantly impacted by that?

14:38>> No. So we actually did it. We also spoke

14:41to our traffic engineer for example to

14:44ask if the addition of one unit even

14:46though we had 36 parking spaces if the

14:48addition of one unit and that parking

14:50spaces would have an impact and they

14:52said no. Same with utilities. We would

14:54just have right now I believe it is a uh

14:57de No, it's a Yeah, it's a decentralized

15:00system. So each unit has their own um

15:03meter. So that would be the only thing.

15:05It would be an addition of one more

15:07system as opposed to 35 of them, but

15:09those will all be screened um on the

15:11roof and also so that shouldn't play a

15:15big role in that. The main drivers are

15:17remaining the same as far as the unit,

15:19the HVAC, and the

15:21>> correct. Everything else will remain the

15:22same. The design,

15:24>> we are pursuing passive house design for

15:26this project, which is new, but that has

15:28nothing to do with

15:29>> I'm sorry, what's that?

15:30>> So, passive house design is basically um

15:32just a way to uh keep the building um

15:35it's like a it's like another review

15:37like Enterprise Green Communities or

15:39LEAD or anything like that. It just

15:41helps with the um with the building uh

15:43just basically how the heating and

15:45cooling works entering into and out of

15:47the building. It just creates a more um

15:49a better envelope. It's just it's a

15:51better sustainability metric basically.

15:55>> Okay.

15:57Um does anyone else have any questions

16:00for the petitioner?

16:08>> I don't know why. Oh, because you're

16:10already on.

16:10>> Yeah, I didn't notice that. Um, how is

16:13the how are the affordable units

16:15marketed? Are you going to market them

16:18to the general public? Is it a lottery

16:20system? How does that work?

16:22>> Yeah, so it's always a lottery system,

16:24but there is a preference that we add to

16:27um the basically to the marketing plan.

16:30There's a tenant selection plan and an

16:31affordable fair housing marketing plan

16:33that we have to submit to the state and

16:35also to our lenders and um you know also

16:39to the city of Malden. And basically

16:41what it outlines is how that marketing

16:42works. But the first um one of the

16:45things that is incorporated in that is a

16:4670% preference to Malden residents. Um

16:50and that we're allowed to do. Um as long

16:52as the state approves that, then we

16:53should be good to go. We're doing that

16:55on our other development as well. But it

16:58is a lottery process. So marketing

16:59usually starts about six months before

17:01construction is complete. Um normally we

17:04will reach out on different uh you know

17:07in different forums. So we could do you

17:09know we'd share the posting with the

17:11city. Uh we'd share it you know on

17:13different you know different newspapers,

17:15different social media platforms and all

17:18these different things. And basically

17:19our property management team handles all

17:21of that. But it's it's typically you

17:24know it's advertised in newspapers. it's

17:27advertised um throughout the city etc.

17:30So, and we work with local organizations

17:32to do that as well.

17:34>> Okay. So, the previous one that you are

17:36doing um that's on Main Street. Is it

17:38>> correct?

17:38>> Okay. Have you started doing the lottery

17:40on that one?

17:41>> No, because we haven't we're about to

17:43start construction on that. So, when

17:44we're 6 months away from construction

17:46completion, that's when we will start

17:48the marketing.

17:49>> All right. Thank you. And and to Diane's

17:52point, have you ident will you do it

17:55inhouse the marketing and the lottery

17:57management as previous um petitioners

18:02have secured an outside firm to manage

18:06that lottery and

18:07>> Yes, that's true. So our we hire a

18:10property man our property manager that

18:12we would hire their third party. They

18:13would do all the marketing and the

18:15lottery system.

18:16>> Okay. So it's a third party property.

18:17>> Yes. It's not We don't We don't run the

18:19lottery ourselves.

18:24[snorts]

18:29>> Okay. Um I see Eric Henry. Give me one

18:32second, Eric. There you go.

18:36[clears throat] Excuse me. Thank you,

18:37Mr. Chair. And uh thank you for getting

18:41us your project to this point at at this

18:44at to this stage. I was curious about

18:47your previous project. I'd like to kind

18:49of start there. Uh

18:51you when do you anticipate

18:53you being able to process or your cue

18:57what when you want to be able to offer

18:59this lottery and have people move in in

19:01this project? When will it be complete

19:03so the state can say yes this is a

19:06complete project and this does look

19:08better for you now? When will it

19:09>> Oh, you mean the the previous the pre

19:11the other project we're working on. So

19:13once we close, which should be in um

19:16November, November 2nd, it's scheduled

19:18to close. That is when that project is

19:21we don't do the they don't need to have

19:23the marketing happening. It doesn't the

19:24project does not have to be complete. It

19:26just means that we have now started

19:28construction. It's their way of saying,

19:30"Oh, we've given you money and you've

19:32now started construction." Because

19:34sometimes they will award a project and

19:36it'll sit in limbo for years and then

19:39they're saying, "Well, you can't. Why

19:40aren't you using the money that we're

19:42giving you?" And sometime, you know, so

19:44that happens sometimes, but once they

19:46see that your project is moving forward,

19:48they know and we work with them closely,

19:50they know basically that, okay, well,

19:53you're good. You can move to the next.

19:54>> So, how long were you handling their

19:56money?

19:57>> So,

19:58>> how long were you handling their monies?

20:00So, you said they want to see that

20:01you're using their money effectively and

20:03not over a long period. How long did it

20:05take you from start to finish to get to

20:07Q 20 Q427

20:10when this project will be complete?

20:13>> Well, so this isn't funded from the

20:16state yet.

20:16>> Ah, I'm talking about we're still on the

20:18on the previous project.

20:20>> So, you're talking about another

20:21development we're working on?

20:23>> I'm really act ma'am. I'm I'm

20:25>> just trying to confirm what you're

20:26saying.

20:26>> I I apologize for my tongue tiedness. I

20:29apologize. I was really just trying to

20:31understand. You mentioned that it looks

20:34better for you to have completed

20:36projects and see that the state is you

20:37have completed their projects.

20:39>> It's not about completing the projects.

20:40It's about starting construction on the

20:42project.

20:44>> Okay. So, and you've started

20:46construction on that and you you plan to

20:48complete that in Q4 Q4 27 2026

20:53this year.

20:54>> No, we're No, we haven't. We're starting

20:56construction in November on November

20:582nd, 2026.

21:00>> Thank you.

21:02My next from what I understand it's

21:05going to be practically impossible if

21:07you wanted to pivot back to home

21:09ownership.

21:10>> There's no there's no funding source

21:12that would allow us to do so. That's

21:14which is unfortunate and it's it's

21:16because there's this one source for the

21:18entire state.

21:19>> So I imagine that this others are having

21:22to pivot to this.

21:23>> Correct.

21:23>> Correct. It's happening all over the

21:24state. Mhm.

21:27>> So this this could linger as far as

21:30potential of Q4 of 2028 if the funding

21:34cycle falls badly.

21:36>> If we don't get So if we do not get

21:39funded in this winter round, then we

21:41would have to go into the 2027 win or

21:45the summer round if they have it or the

21:47winter round if they don't. So, it would

21:50either be um Q3 2027 or Q4 2027 that we

21:56would um be applying and learn about the

21:58funding basically.

22:00>> Thank you. I'm done. Appreciate that.

22:02>> I apologize for my computer.

22:04>> Oh, no. No. I just want to make sure I

22:05was answering your questions.

22:06>> You

22:07Thank you, Eric.

22:11>> Michelle Ferguson.

22:12>> Thank you. So going off of that in a

22:16way, let's say you get the funding,

22:18everything goes well this winter. When

22:19do you think realistically you'll be

22:22able to start construction?

22:23>> If we get funded this winter round, then

22:26we would say Q similarly Q4 of 2027. We

22:29would say yeah 2027.

22:31>> And how long again are you expecting it

22:33to take?

22:34>> It take we're right now assuming 16

22:36months barring any you know right

22:38complications.

22:40>> Okay. All right. Thank you.

22:50Okay. Uh Michelle Romero.

22:53>> Hi. Thank you. Um could you tell us you

22:56mentioned the this new structure for

22:59bikes outside? I didn't see that on the

23:02plan. Where is it on the plan? Am I

23:04missing it? Or where is it going again?

23:06You said

23:06>> no. So, we're currently working on

23:08designing it. It hasn't been designed

23:10yet because once we made the community

23:13room, we realized that it can't be

23:15within the structure. Malden doesn't

23:17have a 1:1 bike parking ratio, but the

23:20state prefers that we do provide that.

23:22And so, we're looking at putting it um

23:24exterior to uh the the the building

23:28itself.

23:29>> Okay. So, will it be a separate You said

23:31well, it was a structure you called it.

23:34It's like a It basically would include

23:36like it they sell it's made from like a

23:39company. It's not like we're building it

23:40ourselves. It's basically like a roof

23:42and then there's like bike racks

23:45underneath. So it just protects bikes

23:47from the elements.

23:49>> Okay. And do you have any sense? So, you

23:52said it's going to go in somewhere in

23:53the parking lot or where

23:55>> we're trying to figure out so that we

23:57could possibly add this in as a

23:59condition because I think it might

24:01>> um if it's considered a structure then

24:04it needs to meet certain setbacks which

24:06we don't know and so I I would like if

24:09possible to to try to work that in so

24:12that you don't have to come back. We can

24:14address it but we need a few more

24:16specifics. How many bikes approximate

24:18location? So, it'll be 36 bikes as per

24:22the requirement. Um, we're trying to fit

24:24it in a smaller scale. I don't have the

24:26measurements on me right now,

24:27unfortunately. Um, but it would like it

24:31wouldn't be bigger than I believe a

24:33single parking spot. I We're not taking

24:34up a parking spot. I'm saying the size

24:36of it wouldn't be bigger than a parking

24:38spot. Um and that would likely be loca

24:40we're looking at a location of being um

24:44adjacent like closer to the building but

24:46adjacent to the parking because not

24:48close to our butters not to you know on

24:51the on this property lines but rather

24:54closer to the building for safety

24:55purposes. We just want to make sure that

24:57people feel confident leaving their

24:59bikes

25:00>> Yeah. outside.

25:01>> So adjacent to the parking area near the

25:03building.

25:03>> Yeah. And so this isn't going is this

25:06going to replace the nine bicycle rack

25:09parking out front on the

25:10>> No, that's for visitor parking. Bike

25:12parking. Yeah.

25:13>> Okay. So this is additional. Okay. And

25:15about the dumpster too, you said you

25:16might be moving that.

25:18>> Are you definitely moving it or you

25:20might move it? So based on, you know,

25:22the recommendations in here, we were we

25:25took it to obviously

25:27heart to say that it shouldn't be

25:29located within I believe it was two

25:31>> to double check, but I believe it was

25:34>> Yeah, you're within two feet of the

25:36property line, but the board did allow

25:38it. They they allowed that. So if you

25:41don't have to change it, but if you're

25:43going to change it, we should address

25:44it.

25:44>> I see. I see. Well, if we I think the

25:47what I what I mean to say is we can that

25:50it can be there, but if it poses like if

25:52our abuters truly do not enjoy it being

25:56in its current location, we can work

25:57with them to figure out a better

25:59location. I I recognize that that would

26:01require us to request its movement from

26:03you all since it's not on the plans or

26:06the movement would be not on the plans,

26:08but I think uh you know that's something

26:10I'd like to work with our butters on.

26:12>> Okay. So if we if it if it was the board

26:15considered that it may be modified

26:18um but we would have to say um to comply

26:21with sighting we wouldn't it's in

26:23violation now but they know where it's

26:25in violation. It will be different if

26:27you move it and it's in violation and

26:29it's abudding a neighbor. So we can look

26:32at that hopefully chair when we get to

26:34that point. And then my last question

26:35had to do with the affordability

26:37restriction. Last time when you were

26:39here for the home ownership, we were

26:40told it's a 15-year cap. So, um, what's

26:44the what's the length of home? What's

26:47the affordability restriction? How long

26:49can it go for a rental unit?

26:51>> It's in perpetuity.

26:52>> Okay. Is that what your intention is?

26:54>> Yes.

26:54>> Okay. Will that be written into the

26:56deeds?

26:56>> It will.

26:57>> Okay. Yep.

26:58>> All right. Thank you.

27:12Okay. Does anyone else have any other

27:14questions for the petitioner?

27:20>> Maria, [laughter]

27:21>> I just wanted to say that for the

27:24planning recommendations. Number nine,

27:26screen rooftop equipment visually and

27:28acoustically. Since this is conceptual

27:30design and since the parapit's very low,

27:33maybe we add the words screen rooftop

27:36equipment and major duct work just to

27:40have something in there for

27:42development of the mechanical system and

27:45visual screening.

27:48>> What did you say? Major duct work.

27:50>> Yep.

27:55>> Is that it, Maria? Very good. Anyone

27:59else?

28:01Is there anything else you'd like to

28:03add, miss?

28:05>> Nope. Just thank you for hearing our

28:08petition.

28:08>> Okay. Thank you very much.

28:12At this point, we'll entertain anyone

28:15that would like to speak in favor of

28:17this petition.

28:19Anyone to speak in favor? Come up. Uh

28:22give speak into the microphone. Please

28:25give your name and address for the

28:27record and please sign the

28:29>> Okay. Um, thank you. Can you hear me?

28:32Uh, I had submitted comments before, but

28:34I will read them now if that's all

28:36right.

28:37>> Okay.

28:38>> Yes, if you Yes, if she reads them.

28:40>> Yeah, you're welcome to.

28:42>> Okay. Thank you. Um, my name is Diana

28:44John. I live at 180 Summer Street in

28:47Malden and I'm uh speaking in favor of

28:52this proposal.

28:55Malden is in a severe housing

28:58affordability crisis.

29:01In Gateway Cities, which includes

29:03Malden, approximately 20% of residents

29:06can't afford to live here. If people

29:10move, we lose their skill sets. We lose

29:14their com camaraderie, their sense of

29:17community. We lose the assets that they

29:20bring to the community. And this in turn

29:24will change that will tear the fabric of

29:27the city of all that and make which

29:30makes it a great city.

29:38Excuse me.

29:42One issue that is driving this crisis is

29:46underfunding under building of housing

29:50stock.

29:52AC/DC's proposal is a solution for that.

29:57They have a proven track record of

30:01quality affordable housing in the cities

30:04of Boston and Quinsey. They've created

30:10over 400 units of housing

30:18and as you know they're currently

30:20working on uh 213 Main Street.

30:25And while the original

30:27proposal was for home ownership, that

30:30funding is no longer available and they

30:32have pivoted to rental units. And

30:36there's still a severe need for rental

30:39units.

30:41The residents in ACDC development

30:44developed properties have favorable

30:47comments about living there.

30:51ACDC wants to be a good neighbor. They

30:55also have programs for tenants to

30:58sustain healthy communities and they

31:01want to be a good neighbor. not just a

31:05good landlord but a good neighbor to the

31:06community. So I strongly urge you

31:11respectively to to uh to approve this

31:15project and I also want to thank you for

31:17your consideration and thank you for all

31:19the hard work that you do for this

31:20community. Thank you very much.

31:23>> Thank you very much.

31:40Is there anyone else that would like to

31:42speak in favor?

31:44Yeah.

32:01Um, the speaker will be speaking in

32:03Cantonese, so I'll be translating.

32:34Franklin. Uh, good evening, Malden

32:37Planning Board. I'm board president. My

32:39name is Joanna Huang. Um, I am a staff

32:42member at the Chinese Progressive

32:44Association. Um, I'm also a Malden

32:46resident. I've lived here for almost a

32:48decade. Um my family and I really love

32:51living in this community because there's

32:53a sense of like belonging, everyone

32:56coming together. There's a lot of um

32:58other Asian residents, shops, um and

33:02services. And I'm a resident at 133

33:05Franklin Street, Maryland.

33:51Um, so, uh, as a resident, as a tenant

33:54here, um, this is the reality that we're

33:56facing every year. I've been getting my

33:58rent increased every year. Last, um, two

34:01years ago, my landlord raised my rent

34:03for $100. um last year for $200 per

34:06month and that hugely adds to the burden

34:11um for my family and I've seen um

34:14through living here through my work in

34:16the community that there are more and

34:18more modern families facing the same

34:20situation um with rising housing costs,

34:24living costs. Um and in the past couple

34:27of years I've unfortunately seen some of

34:29my neighbors having to move out. They've

34:31lived here for a long time, for decades,

34:34and having to move out because of the

34:36housing crisis here.

35:12Um and that's why even though you know

35:14the proposal now is changing from a home

35:17ownership program to a um rental

35:19program, it is still hugely needed in

35:22the community. Um housing is a basic

35:24need. Um and it's also the basis of a

35:28community's development. Um because it

35:30is the people, the families um that live

35:32here that make up the community. And if

35:34people can't stay um right because of um

35:38uh housing costs, then you know, we have

35:41to find a way to um have more

35:43opportunities for people to have basic

35:45housing and and affordable housing. And

35:47so this is a great opportunity that

35:49AC/DC is proposing and um to to our

35:52community.

36:15any opportunity to have more affordable

36:17housing um in our city is a really

36:20wonderful thing. And so our we are very

36:22in uh we're in support of this proposal.

36:34So, so we hope that the board um can uh

36:38listen to um working-class residents,

36:40the families, and our needs um and um

36:44help approve um this proposal. Thank

36:47you.

36:48>> Thank you.

36:50Um miss, two things, miss. Um what is

36:54your name and address for the record?

36:56>> Uh mine is Mock. Uh, and then my address

37:00is 21 Adam Street in Malden.

37:08>> And we have one more speaker in favor.

37:11>> Okay.

37:14>> He'll speak in um to I'm translating as

37:16well.

37:21Okay.

37:32I'll ask you after Could you also sign

37:34in after

37:35>> Oh, okay. Sure.

37:36>> Thank you.

37:37>> Thank you.

37:42>> Okay.

38:01Hi, good evening everyone. My name is

38:04Darun Huang and I've lived uh I live at

38:07uh 195 Pleasant Street in Molden. I've

38:10lived here for 25 years.

38:31um hearing AC/DC's plan to build

38:34affordable housing uh rental units here.

38:37We are in great support.

39:13for

39:25um what I've seen having lived in Molden

39:30um what we keep hearing in the community

39:32is affordability. We need more

39:34affordable housing. Everything just

39:36keeps getting more and more expensive

39:38and everyone is rent burdened. Um, and

39:42over the years we have seen how Malden

39:44has changed. Um, and we've seen even at

39:47the center there are more condos, luxury

39:50buildings that are being built. Um, and

39:53it's a while it's a great thing to draw

39:54in more people and developments into the

39:56community. But, um, are the communities

39:59that have already been here long-term

40:02residents to be um, continue to be able

40:04to stay because of these developments?

40:07Um and while you see you know these

40:10luxury condos and buildings being built

40:12and developed uh that they're also

40:15driving up um housing prices and so a

40:18lot of like small landlords uh to try to

40:20keep up with everything and to keep up

40:22with taxes they also have to raise rent.

40:24Um that create a situation where you

40:26know um tenants are always losing

41:02We see um that uh with housing prices

41:06going up, uh lots of working-class

41:08families are forced to have to move out

41:10and um can't stay. There's lots of

41:13displacement going on and um

41:14homelessness.

41:49And now AC/DC wants to build affordable

41:52housing. Uh it's not just for these um

41:55for for working-class families, but it's

41:57also just to keep the community to

41:59create more of a sense of belonging for

42:01the people that are already here have

42:03more opportunities for working-class

42:05families to be able to have, you know,

42:07stability in this community. Um which is

42:10something that we're really excited

42:12about.

42:50So

43:06Yeah, so many people um um want to live

43:09in Malden because of its proximity to

43:11some of these shops and of services. Um

43:14and if they don't and they can't if they

43:16can't stay here, moving out to the

43:18suburbs is so inconvenient for people

43:20and not many of us uh will drive or can

43:23afford cars. That's um going to be such

43:25an issue. And you know, Malden has been

43:28a place that we've called home for so

43:30long that you know, um, right now with

43:33ACTC building affordable housing, like

43:36that's a great thing. We hope to get the

43:38support of, um, the planning board and

43:40that in the future you consider, um,

43:42inviting more opportunities for other

43:44developers to build more affordable

43:46housing in in Malden. Um, and so we hope

43:49uh we genuinely um, hope that um, you

43:51will uh, approve this proposal.

44:21Yeah, we all want the community to to do

44:23well um to have a to for all of our

44:26communities, families, neighbors to have

44:28a great future and affordable housing um

44:30is the way to go. It's a one part of

44:33what um we can do to keep our families

44:36uh here um and to be together with all

44:38of us here and that's you know what we

44:40we can wish for and all of us here

44:42sitting at the back are all in support

44:43of this. So um thank you for um your

44:46time and for um listening to us today.

44:48>> Thank you very much.

44:51>> Thank you.

45:04Um, Miss

45:06>> Yeah.

45:06>> Um,

45:07>> hi.

45:08>> Mr. Henry would like to ask a question.

45:11>> Sure.

45:11>> Thank you, Mr. Chair. Just pardon me.

45:13You translated from Cantonese to English

45:16both times.

45:16>> Um, the second time was from to English.

45:19>> Thank you. Okay. Thanks.

45:22>> Thank you.

45:31Is there any anyone else? Yes.

45:33>> Hi.

45:33>> Yes. Um

45:37hello everybody. Good evening. My name

45:38is Annabelle and I'm also a Molden

45:40resident. I live at 20 Summer Street. Um

45:44and I'm also an organizer with GMAC,

45:46which is the Greater Molden

45:47Asian-American Community Coalition. and

45:49I speak now specifically in support of

45:51AC/DC's affordable housing project. Um,

45:55as part of the GMAC youth, we really

45:57work every year. We work on different

45:59issues and we try to examine from a big

46:02picture perspective how different issues

46:04impact our lives, how we can build our

46:08community, and how we can build

46:11everyone's quality of life for us and

46:13our neighbors. Um, affordable housing is

46:15so so important to that goal. Balden has

46:18always been a place that has been built

46:20on working-class people and immigrant

46:21households. It is these families and

46:24these people that make Balden strong.

46:26However, I also want to speak

46:27specifically to the impacts that youth

46:29and young people face with regards to

46:31home ownership and affordable housing.

46:33Uh, young people face soaring rents,

46:35especially in Boston, and low rates of

46:38development. And Boston has some of the

46:40highest rent burdens in the entire

46:42United States. I myself have plenty of

46:44friends who have been pushed out of

46:45Malden and also Boston to other cheaper

46:48cities. The youth I work with uh can't

46:50imagine owing owning their own homes.

46:53And for my friends and I, rent is almost

46:55always a concern. A gap has always

46:58existed between older and younger people

47:00of course in home ownership, but that

47:01gap has only increased and worsened uh

47:05since the 20th century. And this leaves

47:07young people in particular in a really

47:09precarious situation where their our

47:12access to housing can just be revoked.

47:14We can be evicted, can be removed if we

47:16are unable to pay the rent. Uh as

47:19opposed to maybe being able to sell a

47:21house if we can't pay a mortgage. Um we

47:24don't have that equity and that makes us

47:26even more dependent on employment and

47:29also implicates other aspects of

47:32affordability as all of of our costs are

47:34rising. of course, utilities, groceries,

47:37everything. Um, and these conditions

47:40place youth at far higher risks of

47:43housing instability and homelessness as

47:46well and can also even cause long-term

47:49physical harm depending on how um

47:53well-maintained different units are. And

47:56I know ACDC as an organization. and I

47:58know the work that they've done in other

48:00places and I know that they would do a

48:02great job with the affordable housing

48:04project. So, on behalf of myself and

48:06also on behalf of the GMAC youth, I

48:07would like to stand in full support of

48:09this project. Thank you.

48:11>> Thank you, Miss uh two things. Yes, if

48:13you could sign the um clipboard and you

48:17said your name was Annabelle. Did you

48:18say your last name? Uh

48:20>> shu su.

48:21>> Thank you.

48:24Anyone

48:38else that would like to speak in favor

48:40of this petition?

48:44>> Diane, do you have anything to read in

48:46favor?

48:46>> Yes, I do.

48:48>> Hold on.

48:50Click. Very good.

48:53We have a letter dated September 3rd,

48:552026. Dear Chair Ioven and members of

48:58the Malden Planning Board, I

48:59[clears throat] write to you today to

49:00express my full support for Asian

49:02Community Development Corporation's

49:04request to amend its exclusionary zoning

49:06special permit to construct 36

49:08affordable rental units at 245 Brian

49:11Street. The project received its initial

49:13planning board approval on June 25th,

49:152025 for 35 units. Since that time, the

49:18project has undergone design changes

49:20which will increase the number of units

49:21from 35 to 36 and will also shift its

49:24tenure from home ownership to rental.

49:26Sitting on the former side of the

49:28congregation, Audis Aim Israel Ezra

49:31Israel, this 100% affordable housing

49:34project is yet another example of city's

49:36efforts to combat the ongoing housing

49:38crisis by creating affordable rental

49:40opportunities for our lowincome

49:41residents. When the congregation first

49:44indicated to the city their intent to

49:45downsize to better accommodate their

49:47current membership, we explored all

49:49viable options for the congregation to

49:50make a sale that upholds the value of

49:52values of their mission. Following

49:55conversations with councelor Simelli and

49:57the city's housing ARPA subcommittee, we

50:00reviewed this as an opportunity to

50:01develop affordable housing units on the

50:03site. Thanks to the benevolence of the

50:05congregation, we were able to work with

50:07the Asian Community Development

50:08Corporation, also known as AC/DC, by

50:11using housing ARPA funds towards

50:13acquisition of the property. As

50:15exhibited [clears throat] during the

50:16planning and permitting process, AC/DC

50:18has provided, I'm sorry, has proven to

50:21be an invaluable partner to the city

50:23through their work to develop 20

50:24affordable rental units on the site of

50:25the former Salvation Army at 213 Main

50:27Street. and with their good faith

50:29efforts to ensure this product project

50:30comes to fruition, AC/DC has

50:33demonstrated the desire to expand their

50:34reach and further ingrain themselves as

50:37a staple within our community. Thank you

50:39for consideration of this application

50:40and I urge you to grant the approval for

50:42AC/DC's proposal proposed amendment to

50:45this exclusionary zoning special permit

50:47to ensure ACDC can deliver on developing

50:5036 affordable rental units for Malden

50:52residents. Sincerely, Gary Gary

50:54Christensen, Mayor, City of Malden.

50:58Letter dated September 9th, 2026. Dear

51:01Chair Ioven and members of the Malden

51:03Planning Board, I am writing to express

51:05my support for the Asian Community

51:07Development Corporation's request to

51:08amend its exclusionary special permit to

51:10construct construct 36 units at 245

51:13Brian Street. The pro proposed project

51:15will create 36 units of affordable

51:17rental units which are desperately

51:19needed in the Ward 7 community. Asian

51:21Community Development Corporation, ACDC,

51:24has an excellent track record of

51:26developing and managing affordable

51:27housing projects in the greater Boston

51:29area. The 245 Brian Street project will

51:32address a critical need for affordable

51:34renting h rental housing. According to

51:37recent census data, most of the

51:38households who occupy rental units in

51:40the census

51:42tracked where the project is located

51:44make less than 75,000 annually.

51:46Approximately 25% of renters in this

51:48area make less than 35,000 annually. All

51:51the units will be restricted for

51:52households earning either 30% or 60% of

51:55the area median income, well above the

51:58average income for renters in the area.

52:01ACDC will be pursuing a 70% local

52:04preference for Malden residents for the

52:05project, the maximum maximum allowed by

52:08the Executive Office of Housing and

52:09Livable Communities. Additionally, 20%

52:12of those units will be set aside for

52:13income eligible veterans. Thank you for

52:16consideration of this request and your

52:17commitment to bringing muchneeded

52:18affordable housing resources to Malden

52:20and specifically Ward 7. Respect

52:23respectfully Christopher Simmonelli Ward

52:267 city councelor.

52:29An email um dated September 8th to the

52:33Malden Planning Board. I am a ward for

52:36resident writing in support of the

52:37petition related to permanent

52:39application number CMID-069419-2024.

52:44I urge the board to approve the changes

52:47put forth in the petition to change the

52:48affordable home ownership units to

52:50affordable rental units. As a resident

52:52and homeowner, I am deeply invested in

52:54Malden being a community in which the

52:56average average person can afford to

52:58live. Of particular personal importance,

53:00this affordable housing project is by

53:02the Asian Community Development

53:03Corporation, which primarily serves the

53:06greater Massachusetts Asian community.

53:08With Maldon's population being 20% 25%

53:11Asian, I believe this project is

53:12important to maintaining both the Malden

53:14Asian community at large and the success

53:16of local Asian small businesses. It is

53:19my understanding that this petition was

53:20due to the everchanging and continually

53:23worsening conditions of federal funding

53:25for projects like these. Without these

53:27changes, the project will not be

53:28feasible. I hope the board will approve

53:30approve this petition to keep our Malden

53:32Asian community housed. Charles Lang,

53:35156 Tremont Street, Ward 4.

53:40Email dated

53:42September 9th to the members of the

53:44Malden planning board. My name is Maidu.

53:47I am the owner of Wam Kung Fu in Tai Chi

53:51Academy as well as the building it

53:53occupies at 124 Ferry Street, Malden,

53:55Mass. I am writing to express my support

53:57for the revised proposal of the Asian

53:59Community Development Corp. AC/DC to

54:02develop 36 affordable rental units at

54:04245 Bryant Street, Malden, Mass. Malden

54:07is facing a severe housing affordability

54:09crisis. In gateway cities like Malden,

54:11about 20% of residents cannot afford to

54:12live in their own city. When residents

54:14move away to find more affordable

54:16housing, the city loses valuable skills

54:18and a sense of community.

54:20A key factor in this crisis is the lack

54:22of new housing construction. A viable

54:24solution is is the proposal from ACDC.

54:27They have a solid track record of

54:29creating affordable housing since 1987.

54:32AC/DC has built over 400 affordable

54:34housing units in Boston and Quinsey.

54:37They are also developing 20 units at 213

54:39Main Street in Malden with construction

54:40starting this year. 245 Brian Street was

54:44formerly home to the congregation audim

54:47Israel as a Jewish temple. As the

54:50congregation's membership has slowly

54:52declined over the years, they decided to

54:53sell their property re for redevelopment

54:56which AC/DC acquired with the support

54:58from the city of Malden. The goal for

55:00the project will be produc will be to

55:02produce 36 units of affordable

55:03brownfield units all set at a price

55:05level targeted at households making 30

55:07to 60% of area median income AMI. This

55:12means that rents will not exceed $1,768

55:15for a one-bedroom unit, $2,121

55:18for a two-bedroom unit, and $2,451 for a

55:22three-bedroom unit. There will also be a

55:24veterans preference for 20% eight of the

55:26units and a 70% preference for Malden

55:29residents. The existing building will be

55:31demolished and in a and a new

55:33three-story building with 36 parking

55:35spaces 1:1 parking ratio will be built

55:39in its place matching the existing 3 to

55:41four story character of the nearby

55:43neighborhood. The project had received

55:45approval from the Malden Historic

55:46Commission and has previous planning

55:48board approval. The planning board

55:49meeting is now to review changes to the

55:51building from home ownership to rentals.

55:54The original proposal for 245 Brian

55:56Street was approved, but due to the

55:57changes in funding priorities, ACD AC/DC

56:00has revised it. The new proposal shifts

56:03the units from home ownership to rental

56:05and includes an additional unit. There

56:07is significant ongoing need for more

56:09affordable rental units. Residents of

56:10AC/DC properties have shared positive

56:12experiences. Moreover, AC/DC not only

56:15acts as a law landlord but also provides

56:17programs that contribute to sustaining

56:19healthy communities. They strive to be

56:21good neighbors. I respectfully request

56:23that you approve AC/DC's revised

56:25proposal. Thank you for your dedication

56:27and hard work for the city of Malden

56:29warmly. My do 131 Cedar Street Brain

56:32Tree Mass.

56:36Another email dated September 9th. Good

56:39morning, Michelle. I am writing to

56:41ensure that these comments are read into

56:42the record for tonight's meeting or

56:44whatever the appropriate formula is for

56:46the planning board. Unfortunately, I am

56:48unable to be there in person, but I

56:50wanted to express my support for 245

56:52Brian Street project and I hope the

56:54planning board agrees to move forward

56:55with the proposed change to make this an

56:57affordable rental project and to add an

57:00additional unit. Homelessness is

57:02increasing in this region and across the

57:04country and we have the ability to do

57:06something about it by creating

57:07opportunities for people to have to have

57:09access to safe or affordable housing.

57:12Just last week, I ran into a 70-year-old

57:14that I know who has experienced chronic

57:16homelessness. This person has been

57:18housing insec housing insecure for many

57:20years, but lost their last room because

57:22the person they were staying with needed

57:24to make space for a sick family member.

57:26In addition to being elderly, this

57:28person has chronic asthma and bronchitis

57:30and should not be preparing for the

57:32second winter in a row to sleep outside.

57:34This is just one of the many people who

57:36are facing similar burdens and there are

57:38many people who are one life

57:40circumstance away from homelessness. We

57:43can and must do better for one another.

57:45We sorely need more affordable housing

57:47and I ask the planning board to accept

57:48the proposed changes so we can make this

57:50a reality for more people. Sincerity,

57:52Katie Dylan, Mount Vernon Street.

57:55Another

57:58email dated se um September 9th. It

58:00says, "Hi there. I just wanted I just

58:03wanted to say that despite the changes

58:04to the building being all rentals, I

58:06still support the construction of this

58:07project. We need more homes. Samantha

58:10Blank, ward 730 Daniel Street."

58:15Another email dated September 9th. I am

58:18writing regarding the project at 245

58:20Brian Street, case number 25-06.

58:2336 affordable units close to downtown

58:25via an existing partner is an ideal

58:28project and we would and we should be

58:30fully supporting these rare

58:32opportunities when they come up. The

58:34majority of Maldin's population are

58:35renters so affordable rental units are

58:37desperately needed as well. I urge the

58:39board to approve the requested amendment

58:41to the permit. Sean Shan Beno 47 Perkins

58:45AB Ward one.

58:49Another email dated Wednesday September

58:519th. Hello Michelle. I am writing in

58:53support of the for affordable housing

58:55project on Brian Street. They are trying

58:57to change the permit to allow for rental

58:58units which would be great for Malden.

59:00We need for affordable housing of all

59:02kinds in Malden. Bin Gity 47 Perkins a

59:05Maldon.

59:08And that is it.

59:11Thank you.

59:23Is there anyone else that would like to

59:25speak in favor?

59:27Seeing in hearing none, declare that

59:29part of the hearing closed. Is there

59:31anyone like to speak in opposition of

59:33this petition?

59:37Anyone to speak in opposition?

59:47Hello, my name is Mashi Manong. I live

59:51at 296 Bryant Street. Um,

59:55I remember when I first heard about this

59:58project um, and attended, I think, at

1:00:01least two community meetings that were

1:00:03held by AC/DC.

1:00:05Um, I was very much in support of this

1:00:08project. Um,

1:00:11it was exciting. We were talking about

1:00:13affordable housing. We were talking

1:00:16about low and moderate income home

1:00:19ownership.

1:00:21And uh, that was something that was

1:00:24really good to hear.

1:00:27Um, I'm a little disappointed in AC/DC

1:00:29now. Um, as much as I supported this

1:00:34project and supported the project they

1:00:37were doing on Main Street, the

1:00:39difficulty I have is that

1:00:43the transition

1:00:45from home ownership to rentals,

1:00:49removes the ability for low and moderate

1:00:54income families to build equity and

1:00:58generational wealth through home

1:00:59ownership. And I think that's an

1:01:01important aspect. Um that was a reason

1:01:05to support the project that we were

1:01:08going to um give

1:01:12firsttime buyers an opportunity to own

1:01:15their own home.

1:01:17Uh the issue of cost.

1:01:21Um I remember AC/DC talking about you

1:01:25know they had submitted for funding from

1:01:28the Commonwealth or whoever else um

1:01:31giving us asurances that it was just a

1:01:34formality those things were going to

1:01:35happen. Yeah we could not foresee

1:01:38perhaps the changes in federal funding

1:01:41and all of that. I appreciate that but

1:01:46at the same time I live in W seven. I

1:01:49live on the street. We're going to uh

1:01:52ACD is proposing to put up these new

1:01:55rental units.

1:01:58We are all aware that uh there are

1:02:00housing crisis nationally in this

1:02:04country. So, we're all looking for ways

1:02:07to create affordable housing um whether

1:02:11it's rental or home ownership. However,

1:02:14I feel somehow that um

1:02:18there's something wrong. Um Ward One,

1:02:24the ACDC project that's going up in Ward

1:02:27One, it's going to be home ownership.

1:02:31But we get to ward seven where I live

1:02:35where people know this is an

1:02:36environmental justice community where

1:02:39there are low and

1:02:42moderate income folks

1:02:45and suddenly we can't build. So that's

1:02:47home ownership. I'm saying AC/DC find

1:02:50the money.

1:02:53Um

1:02:56yeah I I don't know what else to say. I

1:02:59think what happens when affordable homes

1:03:03are either built or bought to serve as

1:03:08rentals um the overall supply of homes

1:03:12available for first-time buyers goes out

1:03:15the window. Um it decreases

1:03:18dramatically.

1:03:19I think this is um you know as as much

1:03:24as we all

1:03:26um very much know that we need

1:03:28affordability of of um some kind of home

1:03:33security in Malden. We know this.

1:03:36There have been numerous complaints

1:03:39about, you know, market um building

1:03:42these highrises, building these uh

1:03:47market rate um rentals. I I hear that. I

1:03:51fought against it. We we worked on

1:03:54inclusionary zoning for a long time

1:03:57trying to find ways

1:03:59uh for people to be able to afford to

1:04:01live in Malden. Um, I think we should

1:04:05not be overlooking this home ownership

1:04:08and how critical it really is as well

1:04:10for folks. And I think it's um

1:04:15I think it's wrong to give up on this. I

1:04:18think um AC/DC should work a bit harder

1:04:22and um find find the funding necessary

1:04:26to do what they promised. Thank you.

1:04:32Thank you very much.

1:04:36>> Can you confirm that?

1:04:42>> Thank you.

1:04:43>> Thank you very much.

1:04:48>> Is there anyone else that would like to

1:04:49speak in opposition?

1:04:55>> Diane, do you have anything to read in

1:04:57opposition?

1:04:58>> I do have other

1:05:02I mean, I'm sorry for um in opposition.

1:05:05Yes,

1:05:05>> I do not have anything. I'm sorry.

1:05:07>> Okay, very good.

1:05:11If there's no one else that would like

1:05:12to speak in opposition, declare that

1:05:14part of the hearing closed. Uh Diane, do

1:05:17you have anything in general to read?

1:05:18>> Yes, I do. I have in general. This is an

1:05:21email dated September 7th. It says to

1:05:24the members of the Malden planning

1:05:26board, Malden City Hall, 215 Pleasant

1:05:28Street, Malden, Mass. request for

1:05:30continuence on public hearing for 245

1:05:32Brian Street, Malden, Mass. Dear chair

1:05:35and members of the planning board, I am

1:05:37writing to formally request a

1:05:38continuence for the hearing regarding

1:05:39245 Brian Street, which is currently

1:05:41scheduled for September 9th, 2000, 2026

1:05:45at 7 p.m. I am deeply interested party.

1:05:48However, I am not un I am unable to

1:05:50testify at the scheduled hearing due to

1:05:52a conflicting procedure, lung biopsy,

1:05:54that must take place earlier on that

1:05:56exact day. Because this is a critical

1:05:58medical matter and because I wish to

1:05:59exercise my right to provide testimony

1:06:01to the board, I respectfully request

1:06:03that the board grant a continuence and

1:06:05postpone this hearing to the next

1:06:06available meeting date. Thank you for

1:06:08your time, understanding, and

1:06:09consideration of this urgent medical

1:06:11request. Sincerely, William Cook, 54

1:06:15Newton Street, Malden, Mass.

1:06:17Thank you, Diane.

1:06:27>> Anything else to read?

1:06:28>> No, I do not.

1:06:30>> Thank you very much. We'll declare that

1:06:32part of the hearing closed.

1:06:37>> Uh Michelle,

1:06:39would you like to take history of staff

1:06:41report?

1:06:46decision.

1:07:05>> Yeah.

1:07:09Actually,

1:07:19what we're trying to do is we're trying

1:07:21to confirm uh there's some confusion and

1:07:23we we were under the impression that

1:07:25Main Street was rental, not home

1:07:27ownership. But if we could ask

1:07:31um Miss Unmer

1:07:34um if she could confirm it.

1:07:36>> Yes. Uh 211 to 213 Main Street is 20

1:07:39units of rental.

1:07:41>> Okay. Rental.

1:07:42>> Y.

1:07:43>> Thank you.

1:07:45>> So, Ms. Long, that um the Main Street

1:07:48project is also rental,

1:07:51but just as a clarification while we

1:07:53were here, the city planner was trying

1:07:54to confirm that in the uh records, but

1:08:02>> Okay, Michelle, if you can take us

1:08:04through your staff report, please.

1:08:05>> Yeah.

1:08:06Yes, this is the planning report and

1:08:08recommendation date is September 9th,

1:08:102026.

1:08:11I won't read it verbatim into the

1:08:13record. It's incorporated here and by

1:08:15reference into the record.

1:08:19Um, you've heard what the petition is to

1:08:23allow one additional unit to increase

1:08:25the total numbers total number of units

1:08:27from 35 to 36 and to change the type of

1:08:30unit from home ownership to rental unit.

1:08:33The proposal requires seeking amendments

1:08:35of the following conditions of case

1:08:3725-06.

1:08:38You have a copy of that special permit

1:08:40case 256 in your package. That's the

1:08:43special permit you granted in June of

1:08:452025 to allow the project originally um

1:08:49as originally proposed. So the two

1:08:51conditions that will need amendments are

1:08:53condition one, all development shall be

1:08:55as per plans except as modified by these

1:08:57conditions.

1:08:59Two, the maximum number of dwelling

1:09:01units is 35. The maximum number of

1:09:03bedrooms is 72 and as proposed all units

1:09:06shall be home ownership units and all

1:09:07units shall remain affordable housing

1:09:09units for as long as per legally

1:09:11permissible. Giving you the breakdown

1:09:13comparison of the approved proposal and

1:09:15the new proposal. As the chair noted,

1:09:17there is some differences in the unit

1:09:19composition

1:09:21in terms of number onebedroom,

1:09:22two-bedroom and threebedroom units in

1:09:24terms of uh total unit number and total

1:09:28bedrooms. So the new proposal is for 36

1:09:31units and total bedrooms are 64. There's

1:09:34also a slight decrease in the square

1:09:36footage total square footage shown on

1:09:39the plans. Um and also as the chair

1:09:43noted and petitioner reviewed, there

1:09:46were different amenities in the new

1:09:48proposal um that are were not in the

1:09:51approved proposal and also there are um

1:09:56amenities that are no longer in the new

1:09:58proposal that were in the approved

1:10:00proposal. You can see the breakdown

1:10:02there. Um I've given you the plans that

1:10:05were filed here on record. You have

1:10:08copies of all those plans in your

1:10:09package. The subject properties

1:10:11classified as part of the residence a

1:10:12zoning district. The approved proposal

1:10:14and new proposal may be allowed by

1:10:16special permit as a residential

1:10:17conversion of a pre-existing

1:10:18non-conforming property. The direct

1:10:21butters to the west are three family

1:10:22dwellings in a single family dwelling.

1:10:24To the north on the other side of Newton

1:10:25Street, single and two family dwellings.

1:10:27To the south on the other side of Grape

1:10:29Street, a multif family dwelling with

1:10:30four stories and 39 units. And to the

1:10:33north and east on the other side of

1:10:34Bryant Street, multif family dwellings

1:10:36with three stories and 117 units.

1:10:38Surrounding land uses are residential,

1:10:40mostly single and two family dwellings,

1:10:42several three family dwellings and

1:10:44multif family dwellings, including

1:10:45housing for seniors and disabled

1:10:47operated by the Maldon Housing Authority

1:10:49at Suffach Manor and supportive housing

1:10:51for families operated by housing

1:10:52families and also surrounding land uses

1:10:55Lincoln Commons Park. In terms of

1:10:57dimensional controls with respect to

1:10:59pre-existing non-conforming

1:11:01non-conformities of the property, the

1:11:02approved proposal and new proposal

1:11:04reduce the front yard setback violation

1:11:06and eliminate the rear yard setback in

1:11:08building coverage violations. Both

1:11:10proposals comply with dimensional

1:11:12controls for multif family dwellings up

1:11:13to three stories except front yard

1:11:15setback and density.

1:11:17This is including the density bonus

1:11:19provisions of the inclusionary zoning

1:11:21ordinance. So the new proposal increases

1:11:23the violation of density. The approved

1:11:25proposal, the approved proposal had a

1:11:27violation which was allowed by special

1:11:29permit in case 256. I've given you the

1:11:32breakdown here. What's required for

1:11:34density for multif family up to three

1:11:36stories. Um on that size lot, what would

1:11:39be allowed under the current ordinance?

1:11:42Um what the density [clears throat]

1:11:43bonus is under the current ordinance. Um

1:11:46how many density bonus units are allowed

1:11:49under both proposals? Five units. So 29

1:11:53are allowed. Under the current

1:11:55ordinance, there were five density bonus

1:11:57units allowed. And then

1:12:01what the uh density is for the approved

1:12:04proposal and what it would be for the

1:12:05new proposal. So new or increased

1:12:07non-conformities may be allowed by

1:12:09special permit provided this board's

1:12:12make makes the required findings and two

1:12:14of the proposed 36 units in the new

1:12:16proposal would require relief from this

1:12:18board.

1:12:20terms of open space. The new proposal

1:12:21provides the same amount of conforming

1:12:23space. Open space is the approved

1:12:25proposal. It provides more than the

1:12:27required amount of open space. Um

1:12:31both proposals do provide additional

1:12:33open space that do not comply with the

1:12:35dimensional requirements for usable open

1:12:37space. Terms of parking requirements,

1:12:39the approved proposal complies with

1:12:41parking requirements.

1:12:43Uh the new proposal also complies. It

1:12:45maintains the same parking layout. It

1:12:48provides 36 spaces, complies with the

1:12:50requirements regarding number spaces,

1:12:52layout, access, driveways, landscaping,

1:12:54snow storage. I've noted about this

1:12:57bicycle rack. Even if they didn't

1:12:59provide this proposed additional

1:13:01exterior bike parking, um they would

1:13:04still comply. Only four bicycle only

1:13:06parking for bicycle only parking for

1:13:09four bicycles is required by the

1:13:11ordinance and they're proposing to

1:13:12provide nine. Um, in terms of screening,

1:13:15which the petitioner mentioned, the

1:13:17proposal um approved and proposed new

1:13:21proposal do not comply with the sighting

1:13:24of the dumpster because it's located

1:13:25within 20 ft of the property line. It

1:13:27does comply with screening requirements

1:13:30and plans for both the approved proposal

1:13:32and the new proposal depict chain link

1:13:34fence along the southern line property

1:13:37lines abuing residences at 4143 Newton

1:13:39Street, 37 Newton Street, and 30 3032

1:13:42Grape Street.

1:13:44This fencing does not comply with

1:13:45screening requirements to screen the

1:13:47abuing residential uses from the multif

1:13:49family parking area. Terms of traffic to

1:13:51impact um a traffic impact study was

1:13:55peer-reviewed by the city pursuant to

1:13:57case 256. No new additional traffic

1:14:00information was submitted with this

1:14:01petition.

1:14:03Um in terms of inclusionary zoning, the

1:14:05proposal, the approved proposal complies

1:14:07with the requirements of the current

1:14:08ordinance and the new proposal complies

1:14:10with the requirements. You have a

1:14:12compliance memorandum dated September

1:14:133rd, 2026 from OSPCD. You also have a

1:14:16copy of the updated memorandum of

1:14:18understanding executed by the developer

1:14:20and city dated July 29, 2026. I've given

1:14:24you a note here about the pending zoning

1:14:26ordinance. Um, which this board is

1:14:29familiar with. You had the public

1:14:31hearing on it last month. Um, this

1:14:35petition is being reviewed under the

1:14:36current ordinance, not the proposed new

1:14:38ordinance, which is still pending. Um

1:14:41the council did not take action on it

1:14:42last night. They did receive your

1:14:44recommendation. For your reference, it

1:14:47was referred uh the paper was referred

1:14:49to committee for further discussion. As

1:14:51the board knows, you recommended

1:14:52disapproval of those amendments. You

1:14:54return the proposal to the city council

1:14:56for reddrafting. Under the proposed

1:14:58amendments, um

1:15:02certain um affordable housing would be

1:15:04allowed by administrative approval.

1:15:08Additional units and building height

1:15:09would be allowed under the density bonus

1:15:11provisions and multif family dwellings

1:15:15up to three stories may be allowed by

1:15:16special permit in the resident zoning

1:15:18district not just for non-conforming

1:15:20properties for any property and then

1:15:22parking requirements would be reduced

1:15:24for affordable housing units and

1:15:25marketer rate units to 0.75 spaces per

1:15:28unit. So for the proposal before you

1:15:30now, less parking would be required

1:15:33under the new ordinance. In terms of the

1:15:36site being a preferably preserved

1:15:38building site, the property is the site

1:15:40of a building which is the existing

1:15:42building determined to be preferably

1:15:43preserved on January 23rd, 2025 by the

1:15:46Molden Historical Commission. Pursuant

1:15:48to the city's demolition alteration

1:15:49delay ordinance, they issued a decision

1:15:53notice dated January 30th, 2025. The

1:15:55commission approved the proposed

1:15:56demolition of the existing building

1:15:58prior to the expiration of the delay

1:16:00period subject to compliance with

1:16:01conditions described in its decision

1:16:03made on March 20th, 2025. The notice of

1:16:07decision is dated March 26, 2025. And

1:16:09you have a copy of that. Both the

1:16:11approved proposal and the new proposal

1:16:13comply with the recommendations of the

1:16:14Malden Historical Commission as required

1:16:17by city ordinance. There are certain

1:16:19findings you would need to make to um

1:16:22grant a special permit. One, you would

1:16:24need to find that any increase or

1:16:25creation and violations of dimensional

1:16:27controls or parking requirements will

1:16:29not be more detrimental to the

1:16:30neighborhood. Two, that the residential

1:16:32use is in the interest of the common

1:16:34good. Three, that the proposal is in the

1:16:35interest of the common good. And four,

1:16:37compliance with the requirements of the

1:16:38inclusionary zoning ordinance. Do you

1:16:41want me to move forward?

1:16:43>> The recommendation which was prepared

1:16:44prior to the public hearing and made

1:16:46provided the board makes those required

1:16:48findings is to grant a special permit

1:16:50subject to the following conditions.

1:16:52One, all development shall be as per

1:16:53plans except as modified by these

1:16:55conditions. Two, the maximum number of

1:16:57dwelling units is 36. The maximum number

1:16:59of bedrooms is 64. And as proposed, all

1:17:02rental all units shall be rental units

1:17:04and all units shall remain affordable

1:17:07housing units for as long as legally

1:17:09permissible. I would recommend you state

1:17:12in perpetuity um since that's what they

1:17:14represented and that's my understanding

1:17:16that is legally permissible.

1:17:28Three, prior to issuance of any

1:17:30occupancy permit, developer owner shall

1:17:33comply with all terms of the memorandum

1:17:34of understanding dated July 29, 2026

1:17:37regarding affordable housing units which

1:17:39is incorporated here and by reference.

1:17:41You have a copy of that memorandum of

1:17:42understanding for developer owner shall

1:17:44implement the following traffic and

1:17:46safety mitigation. These were the

1:17:47recommendations of the peer reviewer

1:17:49last year for the original proposal. A

1:17:52is obtain DPW commission approval to

1:17:54install proposed curb cuts, install and

1:17:56maintain parking layout and signage for

1:17:58proposed one-way circulation throughout

1:17:59the parking lot. B implement

1:18:01transportation demand measures which um

1:18:06I'm not sure um

1:18:10well no I guess we do still need this

1:18:12implement transportation demand

1:18:14measurement including provide welcome

1:18:16packet to residents employees with

1:18:18information regarding transportation

1:18:20services post public transportation

1:18:22schedules and centralized location

1:18:24provide information regarding pedestrian

1:18:26and bicycle facilities and posts in

1:18:27centralized location C improve sight

1:18:30lines near site site driveway on Grape

1:18:31Street. Coordinate with city to

1:18:32determine feasibility of removing three

1:18:34car lanes and or limiting on street

1:18:36parking on Grape Street. D. Provide

1:18:39report with discussion of potential

1:18:41contributing factors to high prevalence

1:18:43of crashes at Eastern Avenue and Brian

1:18:45Street, including vulnerable user

1:18:47crashes, pedestrians and cyclists.

1:18:49Include specific safety measures. And E,

1:18:52optimize existing traffic signal at

1:18:54Eastern

1:18:56Avenue and Brian Street. coordinate

1:19:00with the city engineer to modify the

1:19:02signal timing at this intersection.

1:19:04Five, install and maintain all open

1:19:05space and landscaping as depicted on

1:19:07conceptual landscape plan. Six, install

1:19:10and maintain privacy fencing along

1:19:11property lines to screen parking lot

1:19:13from abuing residences at 4143 Newton

1:19:15Street, 37 Newton Street, and 3032 Grape

1:19:18Street. Seven, compliance with the

1:19:20determination of the Malden Historical

1:19:21Commission dated March 26, 2025, which

1:19:24is incorporated here on by reference.

1:19:26Exterior facade plans may be modified to

1:19:28comply with the historical commission

1:19:30determination.

1:19:32Eight, the special permit shall expire

1:19:34on June 30th, 2027 unless substantial

1:19:36construction has commenced. Briefly talk

1:19:39about that, chair. Um, so unless

1:19:42otherwise specified by the special

1:19:43permit, the rights authorized by special

1:19:45permit lapse within one year date of

1:19:47granting if substantial construction or

1:19:48substantial use is not sooner commenced.

1:19:51So, if you grant a special permit

1:19:52tonight, September 9, 2026, it will

1:19:54expire September 9th, 2027, provided

1:19:57that condition 8 is deleted and unless

1:20:00otherwise specified. So, if you leave

1:20:02condition 8 in, it's going to expire

1:20:05before it would per our ordinance. So, I

1:20:08would recommend either you delete it or

1:20:10if you want to propose a uh later

1:20:14expiration date, you specify that. Now,

1:20:16I'm not sure in terms of what they

1:20:18discussed with the funding if that might

1:20:21be um a reasonable option. In 2025, you

1:20:26specified a two-year expiration. So, you

1:20:28extended it an additional year from the

1:20:30one year that ordinance required. So,

1:20:32back in 2025,

1:20:34you made that decision. So, I'm

1:20:36recommending you consider either making

1:20:38that again or at the very least deleting

1:20:41condition 8 so that it will expire in

1:20:43September.

1:20:45and and we should I think we should

1:20:47extend that to September 9th, 2028.

1:20:50>> Okay. So, September 9th,

1:20:542028. So, instead of expiring next year,

1:20:57it'll expire in two years,

1:20:58>> right? That'll get them through the

1:21:00winter, the possible summer, and worst

1:21:04case scenario, the next winter. And that

1:21:08still should give them enough time,

1:21:10>> right? For everyone's reference, as you

1:21:12know, substantial construction means any

1:21:14work done under a building permit, which

1:21:16includes a demolition permit. So, even

1:21:18interior demolition will trigger um

1:21:21activity under this permit. Doesn't have

1:21:23to be the project's completed or even,

1:21:27you know, out of the ground as they say.

1:21:29It just has to they have to have

1:21:31substantially started. um nine screen

1:21:35rooftop equipment and major duct work

1:21:39visually and acoustically that

1:21:41incorporates Maria's recommended change.

1:21:43I will also recommend uh condition 10

1:21:46dumpster location may be modified to

1:21:49comply with sighting requirements. So

1:21:51they can move it so that it complies

1:21:54with sighting requirements. If they can

1:21:56find a location that's not within 20 ft

1:21:59of a property line, that's fine. Um, I

1:22:03wouldn't recommend it just be modified

1:22:04at all because again the concern would

1:22:06be if it gets moved someplace else um

1:22:09that might be in violation that could be

1:22:11an issue. Um,

1:22:13so that's that. And then 11, I would

1:22:17recommend

1:22:18um a bicycle storage structure for 36

1:22:23bikes

1:22:26um shall be installed.

1:22:31I'm trying to read my writing in

1:22:38adjacent to the parking area near the

1:22:41building.

1:22:45I believe that's what they said. Now,

1:22:47that they did say that as a state

1:22:48requirement, but if you want that to be

1:22:52a requirement,

1:22:57I would recommend that condition. If if

1:22:59it's fine with you that they comply with

1:23:02the city's requirement, which is the n

1:23:03which is the minimum, they exceed the

1:23:05city's requirement by providing the

1:23:07nine. If you don't want to put this in,

1:23:09that's fine. But if you want to give

1:23:11them the option, um, you could also, if

1:23:14you don't want it to be required, you

1:23:15could say maybe installed.

1:23:18Um, it's up it's up to you. But I think

1:23:20you should definitely specify the

1:23:22location to the best best possible since

1:23:25it's not shown on the plan. Um, so if

1:23:28you wanted to, you could say bicycle

1:23:29storage structure for 36 bikes may be

1:23:33installed

1:23:35provided it is located adjacent to the

1:23:38parking area near the building. So you

1:23:40want to specify where it is.

1:23:44Okay. Thank you.

1:23:49Did anyone have any questions for

1:23:50Michelle?

1:23:53Anyone

1:23:56have any questions based on uh

1:23:59Michelle's recommendation and proposed

1:24:0111 conditions? Diane Chua,

1:24:05>> I just have a question with regards to

1:24:07how many rental apartments and I don't

1:24:08know if you know this off the top of

1:24:09your head, but I I'm actually kind of

1:24:11disappointed too that it went from home

1:24:13ownership to rental. Um, unfortunately

1:24:16it's the lack of funding that doesn't

1:24:18help, but I don't want Malden to become

1:24:21a transient where now we just have

1:24:23rentals and no home ownership. It

1:24:25doesn't do well for the city if there's

1:24:28too many rentals. So, I'm a little upset

1:24:31about that, but I completely understand

1:24:33where they're coming from and we have to

1:24:34work with what we have.

1:24:37I think I just want to more or less

1:24:39point that out that I'm a little

1:24:40disappointed in the fact that it had to

1:24:42go into rentals and I don't know if

1:24:44there's any way we could make it to

1:24:46where the people that are living there

1:24:49need to stay for at least a year. Um I

1:24:51know like in circum some circumstances

1:24:55they have to have a year's lease. I just

1:24:56don't want it to be a month-to-month

1:24:58thing and a changeover. I don't know if

1:24:59that's something that can be done

1:25:01legally or not. But um you know we have

1:25:0420 units that are going up now. Now we

1:25:06have 36 units going up and now we have

1:25:09developments going up all the time and I

1:25:12just don't want all of those de

1:25:14developments to come back to us and say,

1:25:15"Hey, we can't get the funding and now

1:25:16they're all rentals." I just that scares

1:25:18me.

1:25:19>> And they you will be hearing another

1:25:21petition come back to you that was

1:25:22proposed as home ownership.

1:25:23>> Yeah.

1:25:24>> For the exact same reason. That'll be

1:25:26next month.

1:25:27>> Um Yeah.

1:25:28>> So

1:25:29>> there have only been to to my

1:25:31recollection, I believe there were only

1:25:32two that were proposed as home

1:25:33ownership.

1:25:35this one and then the Overlook Ridge

1:25:37Roquari one had a home ownership

1:25:38component. They will also be coming

1:25:40back.

1:25:40>> So those two home ownerships are now

1:25:42rentals and how many other rentals have

1:25:45come before us because they've all been

1:25:46rentals,

1:25:47>> right?

1:25:48>> And that just scares me and I don't know

1:25:50if it's something that I feel

1:25:52comfortable with saying yes to because

1:25:55maybe next year will bring different

1:25:57changes. You know, we're jumping on it

1:25:59now, but things can change. We've we've

1:26:02seen it,

1:26:03>> right? I I just I'm just speaking my

1:26:05mind because I'm a little hesitant about

1:26:08accepting something that I approved

1:26:10because just like the person that was

1:26:12against it said, home ownership builds

1:26:15equity. It gives people, you know, it

1:26:17just stability. I just rentals to me it

1:26:21they come and go. Um and I don't know,

1:26:25that's just my feeling.

1:26:28>> Thank you.

1:26:29>> Oh, thank you Diane.

1:26:31>> Yeah. And to that point, you have

1:26:32approved since this inclusionary zoning

1:26:34ordinance was put in, you have approved

1:26:36331 units of those 110 affordable

1:26:41housing units. But of those, there was a

1:26:43very small percentage that was the home

1:26:45ownership.

1:26:47>> So nailing to a number, what percentage

1:26:50was home ownership of those

1:26:53>> of the 110

1:26:54>> about? Yes. Well, you had these 35 and

1:26:57then you had the ones up at Overlook,

1:26:59but the

1:27:00>> Well, the ones at Overlook, even though

1:27:02they were proposing a certain number,

1:27:04there was only a certain minimum number

1:27:06that were affordable in accordance with

1:27:08the ordinance. So, I don't have the

1:27:10exact number. Well, actually, maybe I

1:27:12do. Um,

1:27:16if you could just give me a minute, I'll

1:27:17give you that. But one other thing I did

1:27:19want to mention chair

1:27:21>> um and board they had mentioned a 70%

1:27:24the council's letter mentioned 70%

1:27:26preference for Malden residents and 20%

1:27:29of units shall be set aside for

1:27:31veterans. I don't know if that's

1:27:33something you would want to make a

1:27:36binding condition or not.

1:27:40right now it's a it's a statement in uh

1:27:43what they're proposing but it's not

1:27:46binding either one of those they're just

1:27:50stating that's their intention so I'll

1:27:52mention that um

1:27:56so

1:27:58back to Eric Henry's question so of up

1:28:04at Overlook which again you're going to

1:28:05be hearing this petition next month Um

1:28:10there was one of the projects you

1:28:12approved

1:28:14um back in 2024 was 82 units, 13 were

1:28:18affordable housing units as defined by

1:28:21ordinance.

1:28:23Um those were going to be home ownership

1:28:26units. So 13 and 35

1:28:30is 48. So 48 of the 110

1:28:36were going to be home ownership.

1:28:4048 of the approved affordable housing

1:28:42units

1:28:43>> and we're

1:28:45>> but now you're going to be down to zero.

1:28:47So

1:28:49>> uh well I shouldn't say that you have to

1:28:50re you have a new petition coming up

1:28:52next month but presuming

1:28:55you know this this there's no funding.

1:28:58So

1:29:00>> Eric you what are you doing?

1:29:02>> I'm I'm actually looking into the

1:29:04audience. It looks like the OC the Mr.

1:29:07Alex wanted to correct a point.

1:29:10>> Is it

1:29:14>> okay? Go ahead.

1:29:14>> Point of order. If if this he has

1:29:17something to weigh to the decision, I

1:29:19would like to hear it.

1:29:19>> Alex, if you want to come up and as Alex

1:29:22is coming up, um I share your concern

1:29:25about the home ownership. The only

1:29:28upside I see is instead of being

1:29:31affordable for 15 years, it's affordable

1:29:34in perpetuity.

1:29:36rentals.

1:29:38>> Thank you, Mr. Chair.

1:29:39>> Alex Pratt, if you could just introduce

1:29:40yourself.

1:29:41>> Sure. Alex Pratt, director of OSPCD,

1:29:43City of Malden, uh 26 Holden Street,

1:29:46Malden, Mass. Um home ownership is a

1:29:49huge part of our affordable housing need

1:29:51and we are 100% behind that goal. Um we

1:29:56for both this project and for Overlook

1:29:57Ridge, we've been uh really putting

1:30:01unprecedented levels of pressure on our

1:30:03state partners to try to find funding

1:30:06for our affordable home ownership

1:30:07projects. Um it is still our intention

1:30:10with Overlook that that project remains

1:30:12home ownership. And even though um to

1:30:15Michelle's point, not all of those units

1:30:17are affordable under the ordinanc's

1:30:19definition of affordable, um many of

1:30:21them are deed restricted. Maybe not 80%

1:30:24AMI, but 100 or 110, which is consistent

1:30:27with the state's um programs for home

1:30:30ownership. The reason that they want

1:30:32higher levels of home ownership for

1:30:33these programs is because it's easier to

1:30:35sustain the condo fees and the

1:30:36maintenance in the building over time.

1:30:39Um, with with Overlook, we are

1:30:42continuing to press we actually we've

1:30:44had meetings with the lieutenant

1:30:46governor and other highranking state

1:30:47officials to really press them on home

1:30:51ownership. We have also done so with

1:30:53this project. Um, they said that the

1:30:56Overlook Ridge project where it is a

1:30:58larger project is more um competitive

1:31:01for that, but that the funds that they

1:31:02have are very limited. So, we are still

1:31:05waiting. We are crossing our fingers and

1:31:07toes that um they will unlock those

1:31:09funds and we have had positive

1:31:10conversations so far on overlook about

1:31:13those funds. Um but there was no no path

1:31:16for home ownership uh to remain. These

1:31:18projects require a lot a lot of subsidy.

1:31:22I believe the prior iteration with the

1:31:24home ownership at Bryant Street was

1:31:26looking at $250,000 per unit of state

1:31:29subsidy that was needed. When that state

1:31:31said no, we can't do that. We asked

1:31:33again. We asked again. They said, "No,

1:31:35it's not going to happen. We needed to

1:31:37pivot." To your point, Mr. Chair, um the

1:31:40upside is the the affordability in

1:31:43perpetuity. And again, the reason why we

1:31:45would even limit that on the home

1:31:46ownership side is because that was tied

1:31:48to the state funding source that limited

1:31:50that wanted to limit the funding

1:31:52affordability period. We thought that

1:31:54was worth it to get the affordable

1:31:55housing, excuse me, the affordable home

1:31:57ownership units built. But given that

1:31:59that is off the table based on our

1:32:00conversations with the state, um we

1:32:02still think this would be a huge value

1:32:04to the neighborhood and to the city. Uh

1:32:05and I will note as well, we did add five

1:32:08affordable condo units at 272 274 Cross

1:32:12Street that opened in January of this

1:32:13year. So that's five other affordable

1:32:15condos that we've opened right down the

1:32:16street from this location. Um and that

1:32:19was that was funded through the state

1:32:20program before their funds started to

1:32:22dry up.

1:32:24So, I just want to reiterate this home

1:32:26ownership is a priority for us. It is a

1:32:28it is a moving target in terms of the

1:32:30funding availability and we're we're

1:32:31trying to our best to get the the funds

1:32:33from the state that we can. We just

1:32:35don't see that happening here.

1:32:38>> Okay. Thank you, Eric. Are you all set?

1:32:41>> Yes. Thank you, Mr. Chair.

1:32:42>> Thank you.

1:32:45>> Thank you, Alex.

1:32:49>> Okay.

1:32:51Does anyone have any other questions or

1:32:53comments?

1:32:59Is there a motion?

1:33:02Can Antinucci?

1:33:04[snorts]

1:33:04>> Mr. Chairman, I'd like to make a motion

1:33:06to grant the special permit subject to

1:33:08the 11 conditions as read and modified

1:33:12during the public hearing.

1:33:14Did you want to consider 12 the 12th one

1:33:17about the 70% Malden preference and the

1:33:2120% veterans?

1:33:24>> Yes.

1:33:26>> Only because it's not written. So I'm

1:33:28>> Yeah. My

1:33:29>> mentioned it at the end.

1:33:31>> That should have been in the memorandum

1:33:32of understanding.

1:33:33>> Isn't that in there already?

1:33:34>> I didn't see it in the memorandum of

1:33:36understanding, but it should have been.

1:33:38>> It's not in there. It was in it was in

1:33:40council Simonelli's letter and I think

1:33:42it was in

1:33:43>> someone else may may do

1:33:46>> it was in one of the

1:33:47>> Yeah, if you want to add that 12 as the

1:33:4912th condition. So 70% of the units

1:33:51shall

1:33:53>> be for Malden preference and 20% for

1:33:56>> preference. 70% preference shall be for

1:33:58Malden residents. 20% of the unit shall

1:34:01be set aside for veterans.

1:34:04>> Set aside

1:34:08the letter with councelor Simmonelli is

1:34:10that 20% of we're working to get 20% of

1:34:14the units as a veteran's preference.

1:34:16It's different from a set aside.

1:34:18>> Okay. Right.

1:34:1920%

1:34:22>> and also we can't guarantee 70% is for

1:34:26Malden residents. That's just part of

1:34:28the marketing plan.

1:34:29>> But that's the target.

1:34:30>> What's up?

1:34:31>> That's the target is

1:34:32>> correct. I just want I just want to be

1:34:33clear. Correct.

1:34:35>> Okay. So, are you not including it then

1:34:39if it's not binding? If they can't

1:34:41necessarily do it, what are you what are

1:34:43you doing?

1:34:45>> Well, it sounds anecdotal. I don't think

1:34:47that they can Yeah.

1:34:49>> be held in that.

1:34:50>> I don't think so either. So why did the

1:34:53original 11?

1:34:54>> Okay.

1:34:54>> So I wouldn't leave it. I wouldn't put

1:34:55them in if they can't be held.

1:34:57>> If it's not certain, then I will.

1:34:58>> So I'll revert back to my original

1:35:00motion for the 11.

1:35:08[clears throat]

1:35:10>> Okay.

1:35:12>> Is there a second for Ken's motion?

1:35:24Michelle Ferguson.

1:35:26>> I'll second.

1:35:28>> Michelle Ferguson has seconded

1:35:36the motion.

1:35:39And uh

1:35:41give me a second here.

1:35:58Okay, Michelle.

1:35:59>> Ken Chinucci.

1:36:01>> Yes.

1:36:01>> Diane Chuha.

1:36:04>> No.

1:36:08>> Michelle Ferguson.

1:36:10>> Yes.

1:36:11>> Patrick Hayes.

1:36:13>> Yes.

1:36:14Eric Henry,

1:36:15>> I abstain.

1:36:21>> Maria Schroeder,

1:36:23>> yes.

1:36:26>> Check, I open.

1:36:27>> Yes.

1:36:30>> It didn't pass.

1:36:36>> Okay.

1:36:52Do we need a reason for the abstension?

1:36:55>> Um,

1:36:56>> we've talked about that in the past.

1:36:58>> Well,

1:37:00we've talked about recusal.

1:37:02>> Okay, recusal is what it is.

1:37:03>> It's total non-participation due to

1:37:05conflict. I'm just reading my notes.

1:37:06Abstained is just not voting. and then

1:37:09there's just not voting. They're you're

1:37:11an alternate member or a ninth member.

1:37:14So, I don't believe so. Um,

1:37:18but I just want to look up one thing

1:37:20here.

1:37:41There is a

1:37:45Okay.

1:37:58So you you can um I just want to see

1:38:01hold on

1:38:16there are certain there's a there's a

1:38:17reduced voting threshold for certain

1:38:19types of special permits. I'm just

1:38:21double checking to make sure um it

1:38:24wasn't granted. So, um where it's a

1:38:27simple majority vote. Um but this is not

1:38:32this doesn't meet this criteria

1:38:36or this criteria. So, I'm just just

1:38:38double checking. Um

1:38:47okay.

1:38:51So

1:38:53that motion failed. Do you want to call

1:38:56just is there do you is do you going to

1:38:58call for another motion? No.

1:39:02>> Well, the first thing I just ask uh is

1:39:06there anyone that would like to

1:39:09move reconsideration?

1:39:15>> Diane Chua,

1:39:16>> I'll move to reconsiderate reconsiderate

1:39:18my vote.

1:39:20Okay, hold on. Hold on.

1:39:23>> Hold on. Let Michelle look this up and

1:39:25then

1:39:25>> Okay, so

1:39:29you were on the prevailing side, so

1:39:31you're moving reconsideration.

1:39:34>> Um,

1:39:38>> yep. Yep.

1:39:40>> We'll get to you in a second, Eric.

1:39:42>> Okay,

1:39:42>> we're just letting Michelle look up and

1:39:44make sure we're

1:39:45>> okay.

1:39:46>> Looking at this correctly. Okay. You

1:39:48>> all set, Michelle?

1:39:49>> Yes.

1:39:50>> Eric,

1:39:51>> what was the vote?

1:39:52>> The vote was five in favor, one no, one

1:39:56abstain.

1:39:57>> Okay, thank you.

1:39:59>> Do you Okay, so

1:40:02that was a motion by Diane. You're going

1:40:04to Someone needs to second it, right?

1:40:07>> Yes. Is there a second? I'll second.

1:40:10>> Hey.

1:40:11>> Okay. So, now you're going to vote on

1:40:13that, right?

1:40:15If you're going to move reconsideration,

1:40:17then it brings you back to before you

1:40:18took the vote.

1:40:19>> Right.

1:40:20>> Right. Okay. Just talking out loud. We

1:40:22don't

1:40:22>> So, it's a staff recommendation with the

1:40:2411 conditions.

1:40:28>> No, you you just have to take a vote on

1:40:30whether you're moving reconsideration.

1:40:32>> Oh, okay.

1:40:33>> And then you'll go back to

1:40:35>> Okay. Can we do Does that have to be in

1:40:38person? Can we do all in favor?

1:40:41>> Okay. Why don't we do it in person?

1:40:43>> Vote. Yeah. We have voice vote.

1:40:46>> Kenucci.

1:40:47>> Kenucci.

1:40:49>> This is to move reconsideration.

1:40:50>> So we need a vote to to approve

1:40:52reconsideration first. Okay. All right.

1:40:55>> Thank you.

1:40:56>> So a yes vote is to move recon is to is

1:40:59to reconsider.

1:41:00>> Yeah.

1:41:01>> Okay.

1:41:02>> Kenny Chinucci.

1:41:03>> Yes.

1:41:03>> Diane Chuha.

1:41:04>> Yes.

1:41:05>> Michelle Ferguson.

1:41:06>> Yes.

1:41:07>> Patrick Hayes.

1:41:08>> Yes.

1:41:08>> Eric Henry.

1:41:10>> Yes.

1:41:11>> Maria Schroeder. Yes.

1:41:14>> Check. I open.

1:41:15>> Yes.

1:41:16>> Okay. So, that is seven to zero. So,

1:41:19that you're now in a position you you've

1:41:23reconsidered. So, now you're back to

1:41:30>> a recommendation.

1:41:32>> Right.

1:41:33>> Right. The other one doesn't sustain. We

1:41:35have to make a new one.

1:41:37>> A new recommendation.

1:41:39>> A new A new motion.

1:41:40>> A new motion. I'm sorry.

1:41:42>> Right.

1:41:44Okay, Ken Antonucci.

1:41:48>> Oh, wait. No, sorry. Um, Maria Schroeda,

1:41:52did you have I think you have all the

1:41:54mics on. No, I can't put all the mics

1:41:57on.

1:41:58>> I think I spoke into this one instead of

1:42:00this one, but it was

1:42:03>> Okay. So, Okay.

1:42:08So, is there a motion?

1:42:11Kenucci.

1:42:12>> Okay, Mr. Chair, I'd like to make a

1:42:15motion to grant a special permit subject

1:42:17to the 11 conditions as read or modified

1:42:20during the public hearing.

1:42:24>> Okay. Is there a second?

1:42:27Michelle Ferguson,

1:42:28>> I second.

1:42:30>> Okay.

1:42:39Okay, Michelle, whenever you're ready.

1:42:41>> Okay. Ken Tinucci,

1:42:43>> yes.

1:42:44>> Diane Chuha,

1:42:45>> yes.

1:42:48>> Michelle Ferguson,

1:42:50>> yes.

1:42:52>> Uh,

1:42:56>> Patrick Hayes,

1:42:57>> yes.

1:42:58>> Eric Henry,

1:43:00>> I abstain.

1:43:02>> Okay. Maria Schroeder.

1:43:04>> Yes.

1:43:06>> Chuck Aovven.

1:43:07>> Yes.

1:43:09>> So that is six.

1:43:14>> That had six affirmative votes.

1:43:21>> Okay. So the motion has the petition has

1:43:25passed with 11 conditions.

1:43:32Thank you very much.

1:43:34>> Um, can I just um

1:43:38ask one thing?

1:43:40>> Yes.

1:43:43>> Okay.

1:43:47>> You all set or

1:43:48>> Yeah. No, I'm all set.

1:44:00Okay.

1:44:49Okay. Are you all set, Michelle?

1:44:52>> Yes.

1:45:04Okay, the next item on the agenda is 150

1:45:07160 Charles Street. Diane, would you

1:45:10read the notice, please?

1:45:15>> The Malden Planning Board will hold a

1:45:17public hearing in the Herbert. Jackson

1:45:18Council Chamber, Malden City Council 215

1:45:21Pleasant Street, Malden, Mass at 7 p.m.

1:45:23on Wednesday, September 9th, 2026 on the

1:45:26petition of AGM Auto Sales, Inc. on

1:45:29behalf of 150-160 Charles Street LLC in

1:45:33permit application number

1:45:35C00-077996-2026,

1:45:40seeking a special permit under Title 12,

1:45:43Code of the City of Malden, sections

1:45:4512.12.030 030 and 12.28.110.E

1:45:50E to extend a pre pre-existing

1:45:53non-conforming building and allow use of

1:45:55property in the industrial 2 zoning

1:45:57district for retail sales of 5,000

1:46:00square ft or more, namely to construct

1:46:02additions to the existing building and

1:46:04use and use use the property for vehicle

1:46:07sales with accessory offices and motor

1:46:09vehicle repair shop at the property

1:46:11known as and numbered 150-160 Charles

1:46:13Street, Molden, Mass, and by city's

1:46:15assessor's partial identification number

1:46:18056232207.

1:46:207.

1:46:22Thank you. Diane is a petitioner

1:46:24present.

1:46:42I know it was a while ago, but I will

1:46:44remind everyone uh if you could speak

1:46:47into the microphone and lead with your

1:46:50name and residential address for the

1:46:51record.

1:46:53>> Thank you. You ready, Mr. Chairman?

1:46:56>> Yep. Thank you. Thank you, Mr. Chairman,

1:46:57and members of the board. For the

1:46:59record, attorney Barry Crims of the firm

1:47:01Brooks and Dorenzis with offices at 909

1:47:03Washington Street in Stoton. I'm here on

1:47:06behalf of the applicant AGM Auto Sales

1:47:09Inc. uh for the special permit for the

1:47:12property located at 150-160

1:47:16Charles Street in Malden. The applicants

1:47:20are represented here tonight, Mr.

1:47:22Chairman, uh by Mr. Marco Serero who is

1:47:26the president, treasurer, uh, secretary

1:47:29and sole director of the corporation AGM

1:47:32Auto Sales Inc. Also with Mr. Sereno is

1:47:35the general manager of the AGM Auto

1:47:38Sales business, Mr. Fernando Lind. Mr.

1:47:41Lind is prepared to address any

1:47:44questions that the board may have on any

1:47:46operational issues. Uh I'll address the

1:47:49issues relative to the application uh

1:47:52for the special permit. The property, as

1:47:54I mentioned, is located at 150-160

1:47:58uh Charles Street. The um applicant is

1:48:02currently located, as the board is well

1:48:05aware, at 160 Eastern Avenue. Uh and

1:48:10basically u they have outgrown that

1:48:13location. uh and they saw it and were

1:48:16able to find the new location at 150-160

1:48:20Charles Street. uh they have entered

1:48:23into a long-term lease with the owner of

1:48:25that property uh to operate their

1:48:28business at that location and uh that

1:48:32lease is contingent upon not only the

1:48:34approval of this board for the special

1:48:36permit but also the approval of the city

1:48:38council for the transfer of the class 2

1:48:41automotive sales license from their

1:48:44existing location to the new location.

1:48:47Um

1:48:50the um the applicants have been in the

1:48:55automotive sales business for

1:48:57approximately 18 years. They have been

1:49:00in business at their current location

1:49:02for approximately six years. They employ

1:49:06between 15 to 20 folks in in their

1:49:10business. It is a combination of

1:49:12automotive sales and uh automo uh

1:49:15automotive repair. The only repair um uh

1:49:20operation will be relative to the

1:49:22automobiles that they sell. There will

1:49:24be no repair uh open for the public in

1:49:28general but only for the vehicles that

1:49:30they sell. Their hours of operation, Mr.

1:49:33chairman uh will be the same as they

1:49:35currently have at their current

1:49:37location, which are 9:00 a.m. to 7:00

1:49:40p.m. Monday through Friday, 9:00 a.m. to

1:49:435:00 p.m. on Saturday, and 10:00 a.m. to

1:49:453:00 p.m. uh on Sunday. The uh property

1:49:51uh is uh approximately a little over

1:49:5534,000 square feet. The building, the

1:49:59existing building is approximately

1:50:0110,000 square feet. They're looking to

1:50:04add on to that building with small

1:50:07addition on both the left side and the

1:50:09right side of the building for an

1:50:10additional 645 square ft. That will

1:50:13bring the total square footage of the

1:50:15proposed building to 10,725

1:50:18ft. It's an increase of approximately 6%

1:50:21from from the existing footprint. The

1:50:25property uh as shown on the plans that

1:50:27was submitted with the application will

1:50:30have approximately 65 parking spaces uh

1:50:34outside with an additional eight parking

1:50:36spaces within the building for

1:50:38automobile display for the vehicles for

1:50:40sale.

1:50:42Um

1:50:44the property is a uh pre-existing uh

1:50:48non-conforming structure. that

1:50:51nonconformity relates to the rear yard

1:50:53setback of the building. So that has

1:50:56existed uh for uh very long time uh

1:51:00probably since the time that that

1:51:02building uh was constructed in the late

1:51:0550s. Um I'm not sure when the Malden

1:51:08zoning code went into effect, but um in

1:51:11in I would suspect that that building

1:51:13has been a non-conforming

1:51:16uh building since that time. However,

1:51:18there's nothing about the proposed

1:51:20addition that will uh increase the

1:51:23nonconformities or add any new

1:51:25nonconformities.

1:51:27Uh I'm happy, Mr. Chairman, if you would

1:51:30like, I can go through the special uh

1:51:33permit criteria. If you wish, uh they

1:51:37are outlined uh in the planners report

1:51:40to the board. Um I would suggest to the

1:51:43board we did submit a traffic report.

1:51:46That traffic report indicates that there

1:51:48will be very little increase in vehicle

1:51:51trips from the most recent uses uh at

1:51:55the site. Uh the most recent use till

1:51:57earlier this year was as a church and

1:52:00prior to then the property was used uh

1:52:03as a gymnasium uh for approximately 10

1:52:07years. Uh our traffic statement

1:52:09indicates again very little increase in

1:52:12vehicle trips. uh the nature of the

1:52:15location is such that the proposed use I

1:52:18I I would suggest uh blends in well and

1:52:22complements the existing uses in this

1:52:24area. Uh this will provide my client

1:52:27with a a a much better uh operational

1:52:31location both in terms of the additional

1:52:34space that they will have in the

1:52:36building uh much better circulation in

1:52:39terms of the uh vehicle traffic uh

1:52:43coming to and from the site and within

1:52:46the parking lot. There will be parking

1:52:48on both sides of the building as you

1:52:51face the building. So there are uh

1:52:54access points on both the left side of

1:52:56the building and the right side of the

1:52:58building. Um so it's just a overall uh a

1:53:02better location for them. Um I think

1:53:06it's a location uh that better serves

1:53:09this type of a use and um it is

1:53:14something that again uh I feel that

1:53:17we've we we meet the criteria for the

1:53:21special permit contained in section

1:53:2312.12.010b.

1:53:27again. Uh I'm happy to go through those

1:53:30uh if the if the chair wishes me to uh

1:53:33but if not um happy to uh move on. Um I

1:53:40think I have addressed Mr. Chairman

1:53:43everything

1:53:44uh that I wanted to in terms of uh my

1:53:47opening remarks. Uh I'm happy to answer

1:53:50any questions that the members may have

1:53:52again relative to the special permit

1:53:54operation uh special permit application.

1:53:56I'm sorry. And again, Mr. Lind uh is

1:53:59here to answer any questions that the

1:54:01members may have about their operation

1:54:03of their business. Thank you, Mr.

1:54:05Chairman.

1:54:05>> Thank you. Um couple questions if I

1:54:07could. Um did you say um they purchased

1:54:10the building?

1:54:11>> No, they will be leasing. They've

1:54:13entered into a lease already, but that

1:54:14lease is contingent upon both the

1:54:16approval of this board and the approval

1:54:18of the council for the transfer of the

1:54:20class two license.

1:54:22>> Okay. Um, I believe a

1:54:25don't I believe a copy of the lease was

1:54:27submitted as as part of the online

1:54:29application?

1:54:33>> Um,

1:54:35if this is approved this evening, how

1:54:38long will it take to square off the

1:54:40building?

1:54:41>> That's a very good question, Mr.

1:54:43Chairman. If I may, Fernando, do you

1:54:45want to address the board?

1:54:47>> And again, name and address for the

1:54:49record and if you can make sure you sign

1:54:50the clipboard. Fernando Lind um 26 Park

1:54:53Street in Haveril. Um we anticipate

1:54:56about like six months um till to have

1:54:59the operation up and running at that

1:55:01location.

1:55:03I just want to I just like to clarify uh

1:55:06we're not looking into like transferring

1:55:08the license because we still have the uh

1:55:10current store operating. We're looking

1:55:12into applying for a new license for that

1:55:14location and easily like get the public

1:55:17used to the new location before we can

1:55:19have a decision up on on what we are

1:55:21current where we're currently operating.

1:55:28>> Thank you.

1:55:29>> Thank you.

1:55:32>> Um

1:55:34let's see. In the past um when Eastern A

1:55:39was in front of us, one of the issues

1:55:40that had come up was the number of

1:55:44deliveries

1:55:46of vehicles at the location on any given

1:55:49day. I was wondering if you could just

1:55:51describe what you anticipate the um

1:55:55deliveries of vehicles to be on a daily

1:55:58basis.

1:56:00So, um that was mostly due to

1:56:03repossession of vehicles and the um

1:56:07banks that we used to work that were

1:56:09that had that kind of uh um repurchase.

1:56:14Um and we are no longer working with

1:56:16like a significant amount of like that

1:56:19those lenders. So, we don't expect to

1:56:21have that number uh continue to rise. As

1:56:24a matter of fact, is much lower now. Um

1:56:28and the current state of the the

1:56:30location um I believe attests to that we

1:56:33have we haven't had any any issues um

1:56:37regarding parking and like the number of

1:56:39vehicles uh currently as that I'm aware

1:56:41of. Um so yeah

1:56:44>> so you're not working with the banks and

1:56:46and that type of that's not part of your

1:56:48business model. Exactly that we are um

1:56:50as as it's known a recourse uh meaning

1:56:53um if the customer defaults we have to

1:56:56repurchase the the the vehicle.

1:56:58>> Now how given that change

1:57:04what would you expect the delivery

1:57:06schedule to be? Would it be something

1:57:08daily? Would it be weekly? Would how

1:57:12many units would you be moving do you

1:57:13think?

1:57:15>> So on average

1:57:18Okay.

1:57:23>> Yeah. On average, we we receive anywhere

1:57:26between like 10 and 15 cars per week.

1:57:31And that those arrive like in like one

1:57:36truck or like three at a time. It

1:57:39depends on like the what kind of

1:57:40transportation and where are they coming

1:57:42from.

1:57:44So would it be a daily occurrence?

1:57:47No, not really. We tend to get

1:57:49deliveries mostly between

1:57:52Tuesday, Thursdays.

1:58:01Okay. Thank you. Um

1:58:09I assume you've seen the staff report

1:58:12and that there seems to be limited

1:58:14amount of snow storage. Mhm. Um

1:58:18would uh are you agreeable to entering

1:58:22into a service contract for snow

1:58:24removal?

1:58:27>> So if needed, yes.

1:58:39>> What are you planning to do with the 160

1:58:41in a location?

1:58:44So um we intend to have the new location

1:58:47operating as the main uh operation but

1:58:50we also um want to easy um our customer

1:58:55and accusto like accustom them to the

1:58:57new place before we can have a decision

1:59:00on um 160 Eastern Avenue and also um we

1:59:04would like to still count those um

1:59:08spaces um for storage so we don't have

1:59:11run into the same sort of issue that we

1:59:13currently have having with this city.

1:59:15Um, and we want to make sure that we

1:59:18have enough space to um, store the

1:59:21vehicles that we have.

1:59:23>> So, what I'm hearing is that this

1:59:25Charles Street location will be the main

1:59:27operation.

1:59:28>> Exactly.

1:59:28>> But Eastern A will be retained as a uh,

1:59:32off-site parking

1:59:35>> essentially or sto uh, inventory

1:59:37storage.

1:59:38>> Will you be doing sales out of Eastern

1:59:40A?

1:59:41>> Yes. So you continue to do shells out of

1:59:44each.

1:59:45>> We intend to do so. Yes.

1:59:46>> Okay.

1:59:54Okay. Um

2:00:00and you the council already addressed

2:00:03the fact that the um repair shop is

2:00:06accessory to the sales and it's it won't

2:00:08be an open to random uh people coming in

2:00:12from vehicle repair.

2:00:14>> No,

2:00:16>> just for our customers returning

2:00:17customer as a loyalty um phase uh um

2:00:21keeping.

2:00:23So, if you bought a car from AGM uh and

2:00:26you need an oil change, if you will, um

2:00:29that would be another opportunity for us

2:00:31to

2:00:32first help and maybe trade in that

2:00:35vehicle and sell you a new one.

2:00:37>> So, kind of like a car dealership.

2:00:39>> Exactly. Um

2:00:40>> but Michelle, would that remain

2:00:43accessory if people who purchase a

2:00:45vehicle continue to have their car

2:00:47service there? Because I I guess what I

2:00:50was envisioning as accessory was

2:00:54you bring in five cars and you have to

2:00:58have your people go through them and and

2:01:01tune them up or check them out or change

2:01:03whatever. I I wasn't envisioning um the

2:01:08subsequent

2:01:10>> but I think deal of service

2:01:12>> if I may Mr. chairman uh to you. I think

2:01:15the intent is uh as part of as Mr. Lind

2:01:20referred to as sort of a a a loyalty

2:01:22system. They want to be able to continue

2:01:25to service their customers uh not just

2:01:28at the point of sale but beyond and

2:01:31hopefully so if a customer purchases a

2:01:34vehicle from them they can come back to

2:01:36as he said have that oil change or some

2:01:38other you know small engine repairs that

2:01:41may be needed. Um, so it it would

2:01:44include, Mr. Chairman, what you refer to

2:01:47as they take in new vehicles for sale

2:01:49that may need work done before they're

2:01:51ready to be sold, but they also want to

2:01:54be able to do repairs to those vehicles

2:01:56that they sell to their customers.

2:02:01And and I'm not opposed to that. It's

2:02:03just different than how I was thinking

2:02:05of uh the context of what the proposal

2:02:09was.

2:02:13add something to that.

2:02:14>> Yes, if you could.

2:02:15>> Yes, I had actually I had actually asked

2:02:16that and I had asked the building

2:02:18commissioner Nelson Miller that question

2:02:20too. Um, and he he determined it would

2:02:24be, you know, as long as it was

2:02:26accessory. So, it's not as long as

2:02:29they're customers, even if they're

2:02:32as long as the vehicles were bought

2:02:34there is what how he explained it. So,

2:02:37the customer can't bring in another

2:02:39vehicle. to be serviced there. But if

2:02:42the customer wants to get its repairs

2:02:45done, therefore the vehicle purchased,

2:02:47it could. So the motor vehicle repair

2:02:50shop wouldn't operate independently.

2:02:53>> It's in conjunction with the vehicle

2:02:56sales. So and that's making it

2:02:59accessory. So that's one of the

2:03:00conditions I'm recommending. It has to

2:03:02be accessory. So it's dependent on it.

2:03:04It wouldn't be a standalone motor

2:03:07vehicle repair shop.

2:03:08>> Correct. Um if it were, it would require

2:03:11different parking and and we need its

2:03:14own special permit. That's not what's

2:03:16being proposed here. Um to my knowledge

2:03:19and what we I base the review on.

2:03:23>> Okay.

2:03:23>> And recommendations.

2:03:24>> Thank you for chasing that down.

2:03:26>> I did in the beginning. I asked that

2:03:27when I saw the whole motor vehicle

2:03:29repair shop in it. I asked the same

2:03:32question.

2:03:34>> Okay. Okay. So, as long as they're an

2:03:36AGM customer, not that it was purchased

2:03:38at the Charles Street location, they're

2:03:40an AGM customer, whether it be Eastern A

2:03:44or Charles Street, right?

2:03:45>> Yeah. Yes, it's an AGM vehicle, right?

2:03:48>> Yeah. Okay. No, just want to clarify

2:03:50that.

2:03:53Um, okay. Does anyone else have any

2:03:55questions? Sorry, Ken Antinucci. There's

2:03:57a line of people. Hold on, Ken.

2:04:00>> Yeah. Thank you, Mr. Chairman. I think

2:04:02you probably already answered the first

2:04:05question, but uh so the two

2:04:08uh locations, it's the same company. I

2:04:11know you have to have a different

2:04:12license, but it's going to be the same

2:04:13entity, AGM. It's not going to be a

2:04:15separate entity,

2:04:17like a separate LLC or something like

2:04:19that, right?

2:04:19>> Still be a operating just with two

2:04:22different permits for to operate the uh

2:04:26locations. And then again, uh, the

2:04:30Eastern A location

2:04:32also sales. So, it's really pretty much

2:04:34going to stay the way it is. You're just

2:04:36not going to have the problem with the

2:04:38overload of the vehicles and things. And

2:04:40>> Exactly.

2:04:40>> And at the time, last time you were

2:04:42before us, you were planning on doing

2:04:43some interior renovations and expanding

2:04:45and things. Is there plenty plans for

2:04:47any renovations down on Eastern A

2:04:49anymore?

2:04:50>> Um, not not at the moment. No.

2:04:53>> Okay. And then one last just operational

2:04:55question on uh the new location. How are

2:04:58you going to I didn't see any garage

2:05:00doors or overhead doors to get vehicles

2:05:02into

2:05:03>> the building. If if you look at the

2:05:05front of the building towards the uh

2:05:07right side all the way to the end,

2:05:08that's where the garage door will be.

2:05:11>> Yes, I saw that. But it doesn't look

2:05:12like there's a way inside the building

2:05:13to get onto the showroom.

2:05:15>> That next wall there should be like a an

2:05:18opening that you can go I'm sure you've

2:05:20thought it through, but I did wasn't

2:05:21clear on the uh wasn't clear on the

2:05:23plans. I'm sure you weren't going to

2:05:24build the building around the cars, but

2:05:26but yeah. Okay. All right. Thank you

2:05:28very much.

2:05:29>> Thank you, Ken.

2:05:32>> Michelle Ferguson.

2:05:35>> Thank you. So, my question goes back to

2:05:38the cars. You know, you say it's only

2:05:41going to be for the customers.

2:05:43I guess would you really turn somebody

2:05:45away that wasn't a customer? like if I

2:05:47were to go to your shop, I need an oil

2:05:49change or something like you know, you

2:05:52would just say like unfortunately we

2:05:53only service customers. Like would you

2:05:55really you would just turn them away?

2:05:58So because we definitely like need those

2:06:04repair bays to take care of our own

2:06:07vehicles. Our primary focus is not going

2:06:10to be on

2:06:12accommodating new uh um customers

2:06:15through that source. We're not going to

2:06:17we don't intend to like advertise that

2:06:19as a a primary at all.

2:06:22>> I know what you're saying.

2:06:24>> We like to like really be um um courtous

2:06:27to our customers but not outside.

2:06:30>> Okay. Right. And I have one more

2:06:32question. This one might be like silly,

2:06:35but I was just looking at the parking

2:06:37spaces and you have the two handicap

2:06:42spaces on the side. I can't find it now.

2:06:45So you have the parking in the front and

2:06:46then on the side you show two handicap

2:06:48spaces. Is there any way those handicap

2:06:51spaces can be in the front like closer

2:06:53to the door, closer to the entrance

2:06:55instead of further away?

2:06:57>> Is does that matter? Is maybe the

2:07:02I was looking at I can show you which

2:07:04one it is.

2:07:05>> Yeah, I think

2:07:07>> I think it was the very first page

2:07:08actually you had. Um,

2:07:10>> all right.

2:07:11>> You want to pass that

2:07:13>> Michelle? Here's an You have it. There's

2:07:15an extra one. Oh, thanks.

2:07:16>> No. Yeah, I have it here. So, it's like

2:07:18the entry is in the front and you have

2:07:20the 12 spots and then you have the

2:07:22loading zone and then two handicap

2:07:25spots. So,

2:07:27I just thought it might be easier to

2:07:29have handicap closer to the entryway.

2:07:34>> You just wanted to make sure that they

2:07:35were here,

2:07:36>> unless I'm looking at it wrong. Yes,

2:07:37because you see how there's like the

2:07:40sidewalks right here.

2:07:42>> So through you, Mr. Chairman, uh to the

2:07:44previous speaker. So the intent

2:07:45certainly would be that the handicap

2:07:47spaces will be located near an entrance

2:07:50to the site. We're just not sure at this

2:07:52stage exactly what that layout's going

2:07:54to be.

2:07:55>> It was just proof that there's going to

2:07:56be two spots.

2:07:57>> We wanted to show that we can

2:07:59accommodate the handicap spaces, but

2:08:02they will certainly be located in in an

2:08:04area where where there's an entrance to

2:08:06the building.

2:08:07Okay. All right. Thank you. That

2:08:10>> Yep.

2:08:11>> Diane Chua.

2:08:12>> Yeah. Minor um minor questions, but are

2:08:16you selling new cars or used cars or

2:08:18pre-owned?

2:08:20>> Pre-owned. Yes.

2:08:20>> Okay. And are you having inspections?

2:08:24Are you doing um the state inspections?

2:08:25Would you do that for your property? I

2:08:27mean, for your

2:08:28>> No, not at the moment. No.

2:08:29>> All right.

2:08:32>> All right. That's all I needed. Thank

2:08:33you,

2:08:33>> D. Thank you, Eric Henry.

2:08:36Thank you, Mr. Chair. Uh, just a quick

2:08:39question. So, if [clears throat] I

2:08:41purchased an AGM for if I purchased an

2:08:43AGM car in Haveril, can I have it

2:08:45serviced in Malden?

2:08:47>> Come again.

2:08:48>> If I purchased an AGM car in Haveril,

2:08:52can I have it serviced in Malden?

2:08:55>> What you mean in Hilo?

2:08:56>> If I understood you correctly,

2:08:59you only service cars that you sell.

2:09:02>> Uh-huh.

2:09:04>> Maybe you have locations in Havil. Maybe

2:09:06you have locations in Tukesberry. If I

2:09:07bought a car somewhere other than in

2:09:09Malden from AGM, can I take it to Malden

2:09:13to have it serviced?

2:09:16>> No, not right now. No, I don't think so.

2:09:17>> So, you don't service all AGM customers

2:09:20at in Malden?

2:09:22>> No.

2:09:24>> Okay.

2:09:25>> You only have the M?

2:09:27>> Yeah, we only have the Mald location.

2:09:28>> Yeah, I think that's part of for you,

2:09:30Mr. Chairman, and to the previous

2:09:31speaker. I think part of the confusion,

2:09:32the hypothetical if he if he if they

2:09:35were to have a location in Haver. If I'm

2:09:38following your question, um perhaps I'm

2:09:41not.

2:09:41>> You know, I think you're following. So,

2:09:43if I'm following your your statement,

2:09:44you're saying that you you currently

2:09:46have only one location that you sell

2:09:48cars out of

2:09:50>> in Malden

2:09:50>> in Malt with a proposal for a second

2:09:52location on Charles Street. So the only

2:09:55sale of AGM vehicle unless I guess it

2:09:59could be a private sale. Uh a party

2:10:02sells to an AGM car to another party. Um

2:10:06I mean I guess you could extrapolate

2:10:08various hypotheticals that that could

2:10:10happen. Actually, it's more more

2:10:12concrete than hypothetical counselor

2:10:14because I I think this this petitioner

2:10:16came before us before and represented

2:10:19that he had other properties elsewhere

2:10:21and he was moving vehicles between these

2:10:23properties if I'm not mistaken.

2:10:25>> I just made the correction. I just based

2:10:29upon that I thought he had operational

2:10:32vehicle operational

2:10:34>> operations in other locations and you

2:10:36based upon the fact you're saying you

2:10:38will only service AGM cars

2:10:41>> if I bought a vehicle somewhere else

2:10:45could I take it to Malden and have it

2:10:46serviced?

2:10:48So um to that extent um if I may um the

2:10:52other location that we referred to at at

2:10:54the other u meeting was a storage an

2:10:56overflow facility. We don't have an

2:10:58office there. We don't have um

2:11:00operations there. It's just a storage

2:11:02building. But um if we were to ever have

2:11:06a store in Havil for example, we would

2:11:09only uh do so if it made sense for us to

2:11:12have like a even bigger uh uh service

2:11:14center where that store itself could

2:11:17have their customers helped out over

2:11:19there. Does that make sense?

2:11:21>> It does make sense. What doesn't make

2:11:22sense is how would we know as a

2:11:24municipality that this this location in

2:11:27Malden is

2:11:30not just for storage because you're

2:11:32going to you can move cars between all

2:11:35your locations and store vehicles.

2:11:38I'll yield on that.

2:11:47>> Okay. You all set, Eric?

2:11:48>> Yes, sir.

2:11:50Maria,

2:11:53>> I guess my comments or questions are

2:11:56related to the planning board

2:11:58recommendation number four to eliminate

2:12:01the parking spaces in front of the

2:12:03building as well as to what Michelle was

2:12:05saying about the accessible parking

2:12:07space. A lot of the adjacent properties

2:12:10have at least some green space. This

2:12:12property, it it's uh it doesn't have a

2:12:15lot of it. And when you have it looks

2:12:17like you have more parking spaces than

2:12:19you need and there's a lot of the drive

2:12:21aisles that aren't the required, you

2:12:23know, widths. So, I guess I would want

2:12:27to consider

2:12:28making that the accessible parking

2:12:31spaces be the only ones in the zone

2:12:34right next to the entry. and then not

2:12:37having this dangerous condition where

2:12:40parking spaces labeled 1 through 12 that

2:12:43back out onto the sidewalk where you

2:12:45know pedestrians can be walking those

2:12:48those should be you know eliminated I

2:12:51think uh if if any must be there at all

2:12:55I know you know by code you're supposed

2:12:58to have your handicap spaces as close to

2:13:00the entry as possible um so there you

2:13:04could also take

2:13:06numbers 36 through 40 and turn that into

2:13:09a planting area, you know, potentially

2:13:11with trees and then you would you would

2:13:13have the drive aisle widths that you

2:13:15need. And you could also get another

2:13:18space right next to number 13. Uh

2:13:21there's just a variety of things that

2:13:23could be done to increase the safety and

2:13:25the you know

2:13:28the pedestrian

2:13:30uh experience I guess you might say and

2:13:32and you know just provide more greenery

2:13:34that would be more like some of the

2:13:36other properties adjacent to it and it

2:13:39would probably make it a nice entry too

2:13:42you know to sell cars.

2:13:49Well, well taken for you, Mr. Chairman.

2:13:52Um, I see the spaces you're referring

2:13:54to. I don't

2:13:57I I don't think they would necessarily

2:14:00be needed. So, I think we could add some

2:14:03greenery in that area. Um, to the big to

2:14:06the larger question of the uh items in

2:14:10the planner recommendations, we don't

2:14:12have any issue uh with those

2:14:14recommendations. Uh we are looking into

2:14:17the alternatives that were presented

2:14:19relative to the uh parking spaces in

2:14:22front whether or not to eliminate those

2:14:24or to alter the curb cuts there. Just a

2:14:27final decision hasn't yet been made on

2:14:29that.

2:14:34You all set Maria?

2:14:36>> I think yeah I'm all set.

2:14:39>> Thank you Kennet Tanucci. Uh,

2:14:43>> excellent point there about parking

2:14:45spaces 1 through 12. I guess my

2:14:47assumption was those were display

2:14:49vehicles and not customer parking. Maybe

2:14:51I assumed incorrectly.

2:14:54>> So those are what?

2:14:55>> The the spaces 1 through 12 were more

2:14:58for display vehicles for sale up front

2:15:00and not necessarily for customer

2:15:02parking.

2:15:03>> So they were thought like for customers

2:15:06here.

2:15:06>> Okay. Right. So that that's a great

2:15:10point then. I I just assumed those were

2:15:12going

2:15:13>> Oh, no, no, definitely. I I I assumed

2:15:15those were going to be for uh just

2:15:17display vehicles that you had for sale.

2:15:19Um so that's an excellent point. Um and

2:15:22kind of going with that and Mr. Chair,

2:15:25you you would ask a question about

2:15:27deliveries. Um will the deliveries all

2:15:32be offloaded

2:15:35during daytime hours? just the the

2:15:38delivery vehicle being pulled up and

2:15:39parked on Charles Street and just

2:15:41offloaded there or are they is there any

2:15:43intention to offload them in the parking

2:15:46lot?

2:15:47>> So, usually um the transportation

2:15:50companies that we do um work with, they

2:15:54deliver to like right to our property um

2:15:58and during like day hours like

2:16:00>> day hours. Okay.

2:16:00>> Business hours. Yeah. Just because I've

2:16:01seen other ones, especially this on the

2:16:04other side of the city on Broadway where

2:16:06you'll have a car carrier parked in the

2:16:08middle of 99 at night offloading

2:16:11vehicles. It's like a little disturbing

2:16:14>> safety. Oftent times they they try to

2:16:16call ahead of time um asking if like

2:16:19they can drop it off during the night

2:16:20and we never accept just because it's

2:16:23not safe.

2:16:24>> Okay. All right. So deliveries would be

2:16:25during the

2:16:26>> Yeah.

2:16:27>> operating hours.

2:16:28>> Exactly.

2:16:28>> Okay. Thank you.

2:16:31Okay, Ken. Thank you. Michelle Ferguson,

2:16:36>> I have one more question about the

2:16:38parking. Um, look, I can see there's

2:16:41already parking spots in there. Do you

2:16:42know how many parking spots are already

2:16:44allowable in there?

2:16:46>> Like, do you know how many

2:16:48>> currently?

2:16:49>> Currently, yes.

2:16:50>> I think I believe it's

2:16:52>> when you say through through you, Mr.

2:16:54Chairman, when you say allowable, I'm

2:16:57not sure I I I understand. Well, how

2:16:59many part not maybe not allowable? How

2:17:01many parking spaces are in there painted

2:17:03right now? Do you know? Cuz I can see

2:17:05there's there's the painted spaces. Do

2:17:07you know how many are there

2:17:09>> between both sides? Yeah,

2:17:12>> I believe it's about 40 something, but

2:17:14in the old um dimensions.

2:17:17>> So, it's 40 right now in the old

2:17:19dimensions. you're and then you're going

2:17:21to increase

2:17:24the building and then add a lot more

2:17:27than 40 parking spots. It just seems

2:17:30like it'll be very crowded. And then

2:17:32when you put the drop off in there as

2:17:35well, if it's it just seems very seeing

2:17:39what it looks like and what the proposal

2:17:41is with that many parking spots. Yeah,

2:17:43that's the best way I could put it. It

2:17:44just seems like it's going to be

2:17:45overcrowded.

2:17:48If I may respond, Mr. Chairman.

2:17:50>> Yes.

2:17:50>> If you look, I believe it's on page two

2:17:55of the planners

2:17:57uh report where it talks about parking

2:17:59and loading requirements. We're only

2:18:02required for this proposed use to have

2:18:0538 parking spaces. And we're proposing,

2:18:09not even counting the additional uh

2:18:12vehicle display inside the building, uh

2:18:14we're proposing 65 spaces on site. Now,

2:18:17of course, that included the spaces out

2:18:20front that we may need to change. I

2:18:22think uh uh the vice chair had had a

2:18:25good point that it may very well be that

2:18:27it would make more sense that those be

2:18:29four vehicles for sale as opposed to

2:18:31customers pull pulling up there because

2:18:33that way you're not going to have the

2:18:34movement of those vehicles in and out.

2:18:38They would have to move when when

2:18:39they're sold, but that can be under a

2:18:41controlled condition so they're not

2:18:43backing out into the street. My point

2:18:46being over the 65 even with sort of

2:18:49modifying those spaces in front even

2:18:52with uh modifying

2:18:54um uh Miss Schroeder's uh point about

2:18:57the uh the spaces on the left side and

2:19:00the middle uh if we modify those we

2:19:02still have more than enough parking

2:19:04spaces uh for the operation and

2:19:08certainly more parking spaces than the

2:19:10Eastern A location has.

2:19:12>> So it doesn't need to be 65. It can

2:19:14definitely be less than the 65.

2:19:16>> Correct. Correct.

2:19:19>> We're required [snorts]

2:19:20again just to reiterate,

2:19:21>> you're required the 38 38.

2:19:23>> Yep.

2:19:26>> Okay.

2:19:28>> Yes.

2:19:28>> Ken Tanucci,

2:19:29>> you know, just to point out in the

2:19:31report, I think you asked how many

2:19:32spaces are there now. I think in uh the

2:19:35planner's report, it says there's 40

2:19:36existing spaces.

2:19:37>> Oh, it did say it.

2:19:38>> So, it's increase adding 25 more.

2:19:43Okay.

2:19:46Any other uh questions for the

2:19:48petitioner? Michelle, did you have

2:19:49anything?

2:19:51>> Um,

2:19:52my one question was,

2:19:56well, you had answered that you are

2:19:58applying for a new license. You're not

2:20:00looking to transfer it. Um, I had a

2:20:04question because I thought I had read or

2:20:06maybe someone had told me, are you

2:20:09seeking to eventually purchase this

2:20:10building?

2:20:12purchase the property. Is there like a

2:20:14lease to sale?

2:20:16>> Yes.

2:20:17>> Agreement.

2:20:19>> Currently, currently

2:20:21uh the lease does provide for an option

2:20:24to purchase. So, I think if if business

2:20:27goes well, certainly they would they

2:20:28would love the opportunity to be able to

2:20:30purchase the building, but at least for

2:20:32the foreseeable future, the the proposal

2:20:35is for them to lease the property.

2:20:37>> Okay. Thank you. Um, and so back to the

2:20:41the deliveries, I did also have a

2:20:43question. So this loading dock that this

2:20:46loading zone, that's for like parts and

2:20:49equipment you're delivering. That's not

2:20:50where the cars are dropped off. Is that

2:20:52right?

2:20:53>> That's the access uh to the repair

2:20:56facility.

2:20:57>> Okay. So you're you're the when the cars

2:20:59are delivered, they pull into the lot.

2:21:01Is that correct?

2:21:02>> Probably into like the bigger area

2:21:04towards the right side of the building.

2:21:06>> Okay.

2:21:17Okay, that that was everything I had.

2:21:19Thanks.

2:21:21>> Okay. Does anyone else have any

2:21:22questions?

2:21:26>> Is there anything else you'd like to

2:21:28add?

2:21:28>> Um, if if I may, just very briefly, Mr.

2:21:31chairman and uh I think it will probably

2:21:33be read into the record but uh my

2:21:35clients did meet uh with the watt

2:21:37counselor uh Miss Crowe uh to discuss

2:21:40the proposal. Um she as the board will

2:21:44know had some concerns with their

2:21:46previous plans to expand at their

2:21:48current location and she has submitted a

2:21:51letter of support uh for their uh

2:21:54applica this current application for the

2:21:56new location.

2:21:57>> Okay. Thank you sir. Yes, that'll be

2:21:59read in when we entertain those in

2:22:02favor.

2:22:02>> Other than that, I I don't have any any

2:22:04other comments.

2:22:06>> Okay. Thank you very much. Thank you.

2:22:07Appreciate it.

2:22:08>> Thank you.

2:22:11>> This point, we'll entertain anyone that

2:22:13would like to speak in favor of this

2:22:15petition. Anyone in favor?

2:22:21>> Diane, do you have anything to read in

2:22:22favor?

2:22:26A letter dated September 9th, 2026. Dear

2:22:30members of the Molden Planning Board, I

2:22:32am writing as the Ward One City

2:22:34Councelor to express my support for the

2:22:36proposed improvements and special permit

2:22:38for AGM Auto Sales at 150-160 Charles

2:22:41Street. I believe this proposal

2:22:43represents a positive investment in an

2:22:45existing commercial property and will

2:22:47allow the site to be renovated and

2:22:49improved while continuing its

2:22:50established use as a vehicle sales

2:22:52business. The proposed renovations will

2:22:54improve the functionality of the

2:22:55building, provide updated customer and

2:22:58office areas, and expand the repair

2:22:59facilities to better serve the business

2:23:01and its customers. I also I also support

2:23:04the proposed parking and traffic

2:23:06circulation plan, including the planning

2:23:08board's recommended conditions regarding

2:23:10the elimination of specified parking

2:23:12spaces at the front of the building or

2:23:14approved curb cuts and the establishment

2:23:16of a one-way traffic circulation pattern

2:23:18in the eastern parking lot through

2:23:20appropriate signage and paving pavement

2:23:22markings. These measures provide a more

2:23:25organized approach to vehicle movement

2:23:26and parking on the property and are

2:23:29important considerations for a business

2:23:30of this nature. As a ward one counselor,

2:23:33I support reasonable improvements to

2:23:35existing commercial properties that

2:23:36encourage local business activity while

2:23:38addressing traffic, parking, and

2:23:40neighborhood concerns. I believe the

2:23:42proposed project with the recommended

2:23:44conditions is a reasonable and

2:23:45appropriate use of this property. I

2:23:47respectfully ask the planning board to

2:23:49give favorable consideration to AGM Auto

2:23:51Sales special permit application. Thank

2:23:53you for your consideration. Sincerely,

2:23:55Peg Crow, Ward One, City Council, 9

2:23:57Hancock Street, Malden.

2:23:59>> Thank you, Diane. Anything

2:24:03else to read in?

2:24:04>> I do not.

2:24:05>> Anyone else would like to speak in

2:24:07favor?

2:24:09Seeing none here and none, declare that

2:24:11part of the hearing closed. Is there

2:24:13anyone like to speak in opposition of

2:24:14the petition?

2:24:16Anyone in opposition?

2:24:19Diane, anything to read in opposition?

2:24:22>> I do not.

2:24:23>> Very good.

2:24:26Seeing no one else that would like to

2:24:27speak in opposition, declare that part

2:24:29of the hearing closed. Do you have

2:24:31anything in general to read in?

2:24:33>> I do not.

2:24:34>> Thank you. Um Michelle, can you take us

2:24:37through your staff report, please?

2:24:39>> Yes. I'm reading from the planning

2:24:40report and recommendation dated

2:24:42September 9th, 2026. I won't read it

2:24:44verbatim into the record. It's

2:24:45incorporated here and by reference into

2:24:47the record. Um you've heard about the

2:24:49subject property, what the proposal is

2:24:50to do in terms of the renovation. Um all

2:24:54the areas are labeled. I've also given

2:24:55you a list, excuse me, of the different

2:24:58different areas proposed, excuse me,

2:25:01[clears throat] um the additions um and

2:25:05also just just for the board's

2:25:07reference, the both the additions are on

2:25:09the left side of the building. They're

2:25:10in the northeastern corner and

2:25:11southeastern corner. Um you can see them

2:25:14highlighted on the floor plan or one of

2:25:16the plans. Um and giving you a list of

2:25:20the uh site different plans that were

2:25:22submitted. There was a transportation

2:25:24statement that was submitted at the

2:25:26request of the city engineer. It was

2:25:28given to him for review. I didn't

2:25:30receive any comments from him. In terms

2:25:33of zoning and occupancy, the property um

2:25:37was originally classified as part of the

2:25:39industrial zoning district established

2:25:41in 1977. It was reclassified in 2002 as

2:25:44the new industrial 2 zoning district.

2:25:46when that district was created. The

2:25:48proposed retail sales with more than

2:25:505,000 square feet of gross floor era may

2:25:52be allowed by special permit in this

2:25:54district. Properties currently vacant.

2:25:58The most recent use was recreation for

2:25:59gameful business by a gym that was

2:26:01allowed by special permit granted by

2:26:02this board in case 15-14.

2:26:04I do want to know petitioner did mention

2:26:06a church occupancy. I don't believe they

2:26:08ever had an occupancy permit. I think

2:26:10they were in the process of trying to

2:26:11obtain an occupancy permit and they had

2:26:14started to move in, but I don't believe

2:26:15a church um was legally at least in

2:26:18operation there. Um so I think the last

2:26:21occupant was this gym that the board

2:26:23heard um back in 2015

2:26:26um were reviewed. Prior occupancy were

2:26:28manufacturing, warehouse, retail,

2:26:30wholesale sales offices and auto sales.

2:26:33Um, director Butters are a vacant

2:26:36property which is a former manufacturing

2:26:38to the west, south and east, and a

2:26:40public service corporation, motor

2:26:42vehicle repair shop with salvage yard to

2:26:43the north on the other side of Charles

2:26:45Street, surrounding land use as a

2:26:47business, restaurant, function hall,

2:26:49supermarket, retail, sales, industrial,

2:26:51manufacturing, warehouse, wholesale,

2:26:53distribution, and the um abandoned

2:26:55railway rightway that's used in part for

2:26:57the Northern Strand community trail bike

2:26:59to the sea public multimmoal trail.

2:27:01Terms of dimensional controls, the

2:27:03building was constructed um in 1959.

2:27:07Most recent occupancy didn't comply with

2:27:10rear yard setback requirements. The

2:27:12property's pre-existing non-conforming.

2:27:14The proposal for the new use of the

2:27:15expanded building maintains the existing

2:27:17rear yard setback violation creates no

2:27:19new nonconformities. Terms of number of

2:27:22parking spaces. Um as has been mentioned

2:27:24here, um 38 spaces are required for the

2:27:28proposed expanded building. Um the

2:27:31parking requirements for the proposed

2:27:33accessory offices and motor vehicle

2:27:35repair shop uses are treated and counted

2:27:37as part of the principal use. Um the I

2:27:41don't have the old site plan but it uh

2:27:44in per your special permit um 38 spaces

2:27:47were required for the prior recreation

2:27:48for gainful business use by the gym and

2:27:5140 spaces were provided in a non in a in

2:27:54a conforming layout. Excuse me. Under

2:27:56the proposal 65 parking spaces are

2:27:58proposed on site. Um all the parking

2:28:01spaces proposed are conforming

2:28:03dimensions to our designated handicap

2:28:05parking. They're larger. Terms of the

2:28:07parking layout

2:28:09um all the parking layout is not non is

2:28:13not conforming. Um there are three

2:28:15separate areas. One at the western side

2:28:17of the building or the right side of the

2:28:18building. 23 of the 24 spaces are in a

2:28:21conforming configuration. They provide

2:28:23the required direct access and a width

2:28:26for two-way circulation. Space number

2:28:2755, which is up in the right hand corner

2:28:30on the plan, doesn't have the required

2:28:31direct access. And spaces 50 and 51 are

2:28:35located in areas designated for snow

2:28:37storage. In the second parking area is

2:28:40the northern parking area at the front

2:28:41side of the building. All 12 spaces must

2:28:44back out onto the street. That's in

2:28:46violation of the ordinance, which

2:28:47prohibits backing out onto public ways.

2:28:50Um, seven of the 12 spaces much must

2:28:54also traverse the sidewalk and curb for

2:28:56access. That's prohibited by a different

2:28:58city ordinance. Um, and so even if the

2:29:01curb cuts are provided, all the spaces

2:29:05will still need to back out. So that's

2:29:07still in violation. So, I just wanted to

2:29:09note that that option to seek the curb

2:29:12cuts was to eliminate one of the

2:29:15violations, but all the spaces will

2:29:18still be in violation in terms of having

2:29:19to back out um in violation of that

2:29:22particular section of the ordinance, the

2:29:23zoning ordinance. Parking lot in the

2:29:25eastern or right side of the building,

2:29:27all 28 spaces do not have direct access

2:29:29to the parking aisle. the required width

2:29:31for one way or two-way circulation. It

2:29:33should be 24 ft um parking aisle width

2:29:38snow storage. The proposal requires 2600

2:29:41ft of snow storage. It provides only 594

2:29:44square ft. Again, two of the spaces are

2:29:47being used for that snow storage. So,

2:29:49there's a gross deficiency of 77%.

2:29:52Um, I did hear the petitioner state

2:29:56he'll provide the contract if if

2:29:58necessary, but I guess my uh concern

2:30:01would be if it's not provided, where

2:30:03will the snow be pushed or piled or

2:30:06plowed to? Um, so I I think if it's not

2:30:10going to be provided on site that it

2:30:12does need to be removed from the site.

2:30:15um

2:30:17loading one the one loading space um is

2:30:21provos that's of conforming dimensions.

2:30:24So I want to note that new parking

2:30:26non-conformities may be allowed by

2:30:27special permit provided the board finds

2:30:29it is not more detrimental to the

2:30:31neighborhood. So, the parking

2:30:32nonconformities you're being asked to

2:30:35provide relief on have to do with snow

2:30:38storage, parking layout, um parking um

2:30:42in violation of certain prohibitions,

2:30:46specifically backing out onto public

2:30:48ways, and also um in terms of providing

2:30:53direct access, um which is another

2:30:56parking layer issue. Um and again 65

2:31:00spaces are proposed

2:31:03exterior

2:31:06eight are proposed inside. Those aren't

2:31:08counted towards the parking calculation.

2:31:11Um

2:31:13nor are the parking spaces labeled in

2:31:16the lift areas. Um traffic the proposal

2:31:20is does not require traffic impact study

2:31:22per year rules and procedures. The city

2:31:25engineer did request the proponent

2:31:27verify the trip generation and again

2:31:29that transportation statement was

2:31:30submitted. These are the findings

2:31:32required to grant a special permit. You

2:31:34would need to find any creation or

2:31:36increase in violations of dimensional

2:31:37controls or parking requirements will

2:31:39not be more judgments of the

2:31:40neighborhood. You would also need to

2:31:42find that traffic and traffic patterns

2:31:43generated by the proposed use will not

2:31:45adversely impact any of the surrounding

2:31:46streets or create a traffic safety

2:31:48hazard.

2:31:49That the proposed use will not be more

2:31:51detrimental to the neighborhood. that

2:31:52the proposed use is not in conflict with

2:31:54surrounding land uses and that the

2:31:55proposed use is in the interest of the

2:31:56common good. Do you want me to move

2:31:58forward chair? Please.

2:31:59>> So provided that you make those

2:32:01findings, the recommendation which was

2:32:04made prior to the public hearing is that

2:32:05a special permit be granted subject to

2:32:07the following conditions. One, all

2:32:09development shall be as per plans except

2:32:10as modified by these conditions. Minor

2:32:12modifications of floor plan are allowed.

2:32:15Two, motor vehicle repair shop shall

2:32:16only be allowed as accessory use to the

2:32:19principal vehicle sales use. Three,

2:32:21obtain and comply with class 2 used car

2:32:24dealers's license from city council.

2:32:27Four, eliminate parking spaces at front

2:32:30of building. Um,

2:32:32I'm actually going to recommend a

2:32:34modification to this particular I had

2:32:36recommend initially, but as we've been

2:32:39discussing it, I have a different

2:32:40recommendation. So, um I think that

2:32:45um either all spaces should be

2:32:48eliminated because they require backing

2:32:50out

2:32:51or they shall be used only for the

2:32:55display of vehicles for sale. that would

2:32:58be um and

2:33:01even if they are going to be used for

2:33:03vehicles, I think they do need to obtain

2:33:05the curb cuts because again otherwise

2:33:08they're in violation of the traversing

2:33:11the sidewalk and curb cut. So, um I

2:33:15guess it would be um the the the

2:33:19condition would be parking spaces at the

2:33:22front of the building 2 3 4 5 6 and 8 as

2:33:26shown on the plan may only be used

2:33:31if curb cuts are approved and installed.

2:33:36And then the second part would be all

2:33:39parking at the front of the building

2:33:41shall be

2:33:45only for display of vehicles.

2:33:49That would be my recommendation. So if

2:33:51they don't get the curb cuts, those

2:33:52spaces are out. Period. Whatever is at

2:33:55the front that's allowed would be for

2:33:58display only.

2:34:01>> Right. Can can we add to that? You know,

2:34:05you know, we usually have that

2:34:08typical language both to the

2:34:09satisfaction of the DPW director.

2:34:14>> Is he the one that's going to determine

2:34:15the curb cuts?

2:34:17>> He has to apply for the curb cut and DPW

2:34:19approves it.

2:34:19>> Right. So,

2:34:20>> so if he he has to obtain,

2:34:23>> right, we usually have that language.

2:34:24>> Oh, we Okay. So obtain

2:34:27approval of curb cuts

2:34:30um

2:34:31>> to the satisfaction like when we ask

2:34:33them to improve sidewalks or do curb

2:34:35>> Yeah. I mean DPW obtain DPW

2:34:39I think it's the commission approval of

2:34:41curb cuts.

2:34:44It's not to their satisfaction. I mean

2:34:45it has to be done.

2:34:47>> They either approve it or they don't.

2:34:49>> Okay. I guess I'm thinking when we ask

2:34:50people to improve the sidewalks and

2:34:52everything because this is also

2:34:54>> Well, that's different. That would be a

2:34:55different thing.

2:34:55>> This is also going to be this going to

2:34:58become a basically a driveway apron,

2:35:00>> right?

2:35:00>> Which is also a sidewalk.

2:35:03>> Yeah. Um

2:35:05>> I think they're I mean I'm sure they're

2:35:07going to have to be when they install

2:35:09them, it has to be to their criteria.

2:35:12>> I just wanted to be as clear as

2:35:14possible. That's all.

2:35:24Okay. So I guess condition four is and I

2:35:28guess it's uh Okay. So condition four is

2:35:31is the same as written. Okay.

2:35:36And then the second part of it is

2:35:38parking spaces at the front of the

2:35:40building shall only be for display of

2:35:42vehicles.

2:35:45So four actually is is correct as it's

2:35:48written

2:35:49>> that those are eliminated unless they

2:35:52can obtain the curb cuts. Is that

2:35:54>> yes

2:35:55>> makes sense? Okay. So I'm just adding to

2:35:57four.

2:36:00>> I don't think we have to say DPW

2:36:02approval because that's okay. Five,

2:36:04install and maintain signage and

2:36:06pavement markings to establish oneway

2:36:07traffic circulation pattern for eastern

2:36:09parking lot. And six, provide for

2:36:12removal of plowed snow from site. Submit

2:36:14copy of service contract city

2:36:21>> and that's it. No other conditions. Uh

2:36:33the idea of you know reconfiguring the

2:36:37parking layout in the

2:36:40in the um western parking lot, I'm

2:36:43sorry, in the eastern parking lot.

2:36:47Um

2:36:49okay, so this is this is actually

2:36:53Not correct. So A is the western side of

2:36:57the building. [clears throat]

2:36:59That's the right side.

2:37:01The parking lot on the eastern side

2:37:05is the left side. So the staff report is

2:37:07wrong. C. The parking discussed in C is

2:37:10on the left. That's the parking that

2:37:12doesn't have the conforming layout. That

2:37:15is the parking area that Maria had

2:37:17proposed reconfiguration

2:37:19to meet the layout requirements.

2:37:23Potentially relocate the handicap

2:37:26parking to that area. Um, and there was

2:37:29an idea about spaces 36 through 40 to

2:37:35have as open space or I shouldn't say

2:37:38open space, landscape space. So,

2:37:41um, that's up to this board. It's not

2:37:45businesses aren't required to provide

2:37:46any open space or landscape space.

2:37:49Usually, if they have it, you request

2:37:51that they maintain it.

2:37:54So, it's up to you whether you would

2:37:57want to require them to install it. Um,

2:38:02I would think if they don't get the curb

2:38:03cuts for parking, these parking spaces

2:38:07at the front, that would be a good space

2:38:09for the landscaping beds to go. Yeah.

2:38:12>> Um, but

2:38:14And I don't know, they may not get the

2:38:15curb cuts.

2:38:16>> Yeah. So, if they don't get the curb

2:38:17cuts, that could become landscape area.

2:38:21>> Okay.

2:38:23>> Is that they don't get the curb cuts,

2:38:24they can't park anything there anyways.

2:38:26I'm sure they're not going to just pave

2:38:28it.

2:38:30>> Right. Right. So, you want to put

2:38:33something in there to modify for

2:38:35>> that if they don't get the curb cuts.

2:38:37So, that that'll become a landscape

2:38:38area.

2:38:48So this

2:38:50area shall be landscaped.

2:39:01If curb cuts are not obtained, curb cuts

2:39:05are not approved and installed.

2:39:13So that's spaces 2 3 4 5 6 8 nine.

2:39:24>> Okay. Michelle, did you have a question?

2:39:28>> Yes. So,

2:39:30so if the landscaping is if the sorry if

2:39:33the curb cut is not approved and

2:39:35installed,

2:39:36is it only those parking spaces

2:39:41that needs to be eliminated eliminated?

2:39:45I'm just trying to understand. So, if

2:39:46the curb cuts are there, they get to

2:39:48keep all

2:39:49>> 12 spaces in the front. Is that

2:39:52>> already curve cuts for several of those

2:39:54spots there? the ones that Michelle

2:39:56hasn't made,

2:39:58>> right?

2:39:59>> There's already existing curve. Okay.

2:40:01Five spots,

2:40:02>> but you still have to back out, which is

2:40:04why I'm recommending it's display only.

2:40:06>> Yeah, that's what I was going to ask is

2:40:08regardless, could we just recommend to

2:40:12take all of them out?

2:40:16>> I mean, you could. They are in violation

2:40:18of the zoning. You don't have to allow a

2:40:20new nonconformity. you allow the new

2:40:22nonconformity. If you find that it's not

2:40:24more detrimental to the neighborhood, if

2:40:25you think that's detrimental,

2:40:28>> then

2:40:30it's not more detrimental to have people

2:40:32backing out.

2:40:33>> It's already existing,

2:40:34>> but it's not parking. Those that's not

2:40:38>> parking.

2:40:40Every time every time every time this

2:40:43What's going to stop a cop from every

2:40:45time they move that car out of that

2:40:46street from taking

2:40:48>> nothing?

2:40:51>> Nothing.

2:40:52>> So they're in violation.

2:40:55>> That wasn't in the

2:40:56>> dangerous

2:41:01>> that I think it's a little dangerous too

2:41:04for the back.

2:41:07it it's it's that's why it's prohibited

2:41:09to have a car back out onto the street.

2:41:12>> So, you don't have to allow that. It's

2:41:14not being used as parking. You didn't

2:41:15approve that. The parking layout you

2:41:18approved for the gym for had 40 spaces

2:41:21and the parking was on either side. It

2:41:24was paved in the front because it's all

2:41:26paved. I'm not saying it's not paved,

2:41:29>> but that wasn't designated parking.

2:41:32>> No, they used it as parking, but it

2:41:35wasn't designated.

2:41:36parking,

2:41:36>> right?

2:41:37>> But what if we said to have it

2:41:38landscaped and then they keep some

2:41:41pavement but have landscaped in the

2:41:42front? I think that would look very

2:41:44pretty. So that pavement so that the two

2:41:47handicap spaces now have a walkway to

2:41:50get to the front door. They have a way

2:41:51to use a wheelchair or whatever. So

2:41:54>> yeah,

2:41:54>> clear from there as opposed to now they

2:41:56have to go in front of cars. So

2:41:58regardless of displays or not, just get

2:42:04the I don't know, but I would like to

2:42:06see them all

2:42:08and then just have

2:42:12to handicap spots now.

2:42:16>> I would agree with that.

2:42:18>> I mean, it's up to you if you want to

2:42:20eliminate it and put landscaping. Yeah,

2:42:23>> that's why they're moving.

2:42:29>> Okay. And then also keep that in mind

2:42:31when we're making the recommendation.

2:42:34Diane, you had something else or was

2:42:35that what you just talk about?

2:42:37>> Yeah. I just wanted to So 10, 11, and

2:42:4012, they already have a curb cut,

2:42:41correct?

2:42:43>> There was a curb cut.

2:42:44>> Okay. So 10, 11, and 12. So then if you

2:42:47had I'm thinking just out loud here, 7,

2:42:508, nine, landscape. Five, you know,

2:42:52>> just eliminate

2:42:54>> just eliminate

2:42:55>> one through nine would become landscape.

2:42:58>> Yeah. One through nine would be

2:42:59landscape. So they save three

2:43:01>> and then that gives you the access.

2:43:03>> Correct. And then the handicapped people

2:43:04still have the um access and then you

2:43:06don't have to do another curb cut for 9

2:43:07and 8

2:43:10if that makes sense.

2:43:11>> So keep 10 11 and 12 and eliminate one

2:43:14through nine.

2:43:15>> Right. You keep 10, 11, and 12. We get

2:43:17rid of 9 and 8 and seven.

2:43:21>> Okay.

2:43:22>> One through nine. Is that what you said?

2:43:24>> One through nine.

2:43:27Eliminate one through nine for

2:43:28landscaping.

2:43:30>> Just a

2:43:30>> Okay.

2:43:31>> Eliminate parking one through nine.

2:43:32Install landscaping.

2:43:34>> So,

2:43:35>> sorry, Mr.

2:43:36>> Well, someone

2:43:39go ahead.

2:43:40>> No. So, is the condition now we're not

2:43:45going to want them to even seek the curb

2:43:47cuts,

2:43:48>> right?

2:43:49>> The new condition is

2:43:51>> just

2:43:52>> no new curb cuts. land eliminate spots

2:43:55on the drawing one through nine and

2:43:58landscape that area.

2:44:00Landscape will provide you know want you

2:44:04know the handicap access.

2:44:05>> Well the condition is what someone

2:44:07proposed makes the motion for.

2:44:09>> Right.

2:44:09>> So

2:44:10>> so I'm wondering I just trying to

2:44:11clarify if if if this is an either or or

2:44:14if we want we're just going to say

2:44:16>> well it sounds like you're saying

2:44:18eliminate parking spaces one through

2:44:19nine and install landscaping. So there's

2:44:22not going to be any mention of seeking

2:44:23curb cuts or anything else. I would say

2:44:26>> yeah that's what sounds like what you're

2:44:28saying. You don't need a curb cut if

2:44:30>> you just keep the existing ones and they

2:44:31can number one can still back out and um

2:44:35>> well no I think you want to get rid of

2:44:36one of one are 10 11 and 12 still for

2:44:40display only.

2:44:42>> Um 10 11 and 12 still for display only.

2:44:44>> Okay.

2:44:45>> Okay.

2:44:46>> 10 11 and 12 for display only.

2:44:51Okay, Maria had a question.

2:44:55>> Are are you all set, Michelle?

2:44:57>> I don't know if she's gonna The only

2:44:59other one I wanted to ask about was the

2:45:0136 to 40. So, I didn't know if Maria was

2:45:03going to I'll let Maria take that one. I

2:45:05will do that because when when we um you

2:45:09know on [snorts] sheet A102 it clearly

2:45:12shows where they're adding on to the

2:45:14building and pushing existing parking

2:45:16over squeezing all those drive lanes.

2:45:20So,

2:45:22I guess I don't if they have more

2:45:24parking than they need, I don't know why

2:45:26we have to allow those drive lanes to be

2:45:29constrained as well as, you know, it's

2:45:32an opportunity for for more landscaping.

2:45:34There's a there's a way to better

2:45:36reconfigure that. You'll lose a few more

2:45:38parking spaces, but you can uh you know,

2:45:43you can get a better drive out condition

2:45:45and and some more planting in there as

2:45:47well.

2:45:49>> I I I understand that portion, but they

2:45:51they need the parking. That's why

2:45:53they're moving from one to the other

2:45:55place to here. And I was kind of

2:45:58thinking having No one's going to see

2:45:59the side landscaping other than

2:46:01customers. I think the front of the

2:46:03property is probably more um

2:46:06>> I would agree with that. Yeah.

2:46:08>> Um I just I I mean I don't want to get

2:46:10take away all their pocket. I just want

2:46:12to kind of make it look a little pretty

2:46:14from the outside, keep people from

2:46:16backing out um onto the street. But I

2:46:19think if by having the landscaping in

2:46:21the front, I think that's like I said m

2:46:24um Michelle said you don't need they

2:46:26don't have to have landscaping. We're

2:46:28asking them to do that.

2:46:29>> Yep.

2:46:29>> As part of their condition and I I don't

2:46:31want to to kind of

2:46:32>> So are the It says 38 parking spaces are

2:46:35required. There's 65 that are proposed

2:46:38and we're taking away nine of them.

2:46:40>> So are the 38 required? Are those just

2:46:44for employee parking and not for like

2:46:48There's a big difference between 65 and

2:46:5038 in terms of like required parking.

2:46:54So,

2:46:55>> are you looking at the previous

2:46:57>> Yeah, that's yeah

2:46:59>> rec um recreation for gameful business

2:47:02was 38 required

2:47:04>> that was only required for the game

2:47:05businesses

2:47:07were there.

2:47:08>> 38 required for this business as well.

2:47:10>> Okay. So, for for vehicle sales or

2:47:14rental the minimum is 18. That's by city

2:47:17c that's by other ordinance and that got

2:47:20transferred into zoning 18's the minimum

2:47:22but for this size building which is

2:47:24considered retail sales it's four per

2:47:27thousand and it comes out to 38. The

2:47:31reason this little slightly smaller

2:47:32building was also 38 was the parking was

2:47:34a little different for recreational

2:47:38business at the time was 4.4

2:47:40coincidental.

2:47:40>> It's 38, right? It's 38 required.

2:47:45>> Okay.

2:47:48>> So, are we saying then that we're going

2:47:50to allow those dry valves to be like 19

2:47:53and 12 ft and and be one way? Is that

2:47:57>> Well, I know the traffic pattern was

2:47:59already included in here, so I'm I'm

2:48:01okay with that.

2:48:06What sheet is that

2:48:21this one?

2:48:40And actually actually now that I just

2:48:43said that uh I don't know where I came

2:48:45up with the 38 because 10,725

2:48:49* 4 is 43 spaces are required.

2:48:54>> So let me just clarify that for the

2:48:56record.

2:48:57>> Less than

2:48:58>> 43 spaces are required. So the report is

2:49:00wrong. My math is wrong.

2:49:02>> Okay.

2:49:03>> So, just for the record, it's 43 that

2:49:05are required.

2:49:15So yes, if you want to allow the

2:49:17non-conforming configuration, you'll

2:49:19need to make that finding that it's not

2:49:22more detrimental

2:49:23>> or or they can or we can ask them to

2:49:28reconfigure to a conforming D.

2:49:31>> That's correct. That's correct. I think

2:49:33the only way they do that if they put

2:49:35them head on to like say two head-on

2:49:37spaces there

2:49:38>> and that's up to them to come up with.

2:49:39It's not up to us to

2:49:41>> That's correct. That's correct. And then

2:49:43this other side

2:49:44>> and develop that parking plan for them.

2:49:46>> Right. The other side the conformity was

2:49:48space 55

2:49:50and then 50 and 51 are proposed for snow

2:49:54storage. So

2:49:5755 doesn't have access to an aisle.

2:50:03>> Okay. So D, do you have any other

2:50:06questions? No, but I I do remember to um

2:50:09maybe putting in as a um recommendation

2:50:12deliveries during business hours only. I

2:50:15don't know if that needs to be in there.

2:50:17We don't want any nighttime deliveries.

2:50:20I don't know if that needs to be in

2:50:21there or not.

2:50:26>> Okay,

2:50:28Michelle.

2:50:28>> Yeah. I mean, I'm not sure. Um, and for

2:50:32some reason I'm remembering something

2:50:34about industrial zones having different

2:50:38or maybe I'm thinking of central

2:50:39business,

2:50:40>> different operating hours.

2:50:42>> No, different uh [clears throat]

2:50:44different deliveries. Let me just say

2:50:46this hours of operation.

2:50:49>> Can you all said otherwise?

2:50:50>> 7 a.m. to 11 p.m.

2:50:53>> Yeah. And that includes

2:50:59used car sales deliveries are 9:00 a.m.

2:51:02to 9.

2:51:02>> Well, Michelle looks at

2:51:04>> you hours are 9:00 a.m. to 9:00 p.m. for

2:51:06used car sales. Uh deliveries are 6:00

2:51:10a.m. to 11:00 p.m. So that's already

2:51:13there. That's in the ordinance.

2:51:17Well, it's not hours of operation, but

2:51:19it's limited to date 6 to 11.

2:51:29So they couldn't do overnight deliveries

2:51:30anyway. Okay.

2:51:35>> Okay. So Diane's question about delivery

2:51:38limitations isn't applicable because of

2:51:40what they have.

2:51:43Um

2:51:43>> I mean unless you want to restrict it

2:51:45further.

2:51:45>> Yeah.

2:51:46>> Yeah.

2:51:47And then basically we've got six

2:51:52recommendations

2:51:53and then there's a question about what

2:51:56we do about

2:51:58the landscaping and the

2:52:02>> the landscaping and the other. Did you

2:52:05have something more tangible? I think

2:52:06Ken was looking for something more

2:52:08tangible.

2:52:09>> I thought we came up with language.

2:52:10>> Yeah. Eliminate parking space. Install

2:52:14landscaping

2:52:15there.

2:52:1710, 11, and 12 shall be for display

2:52:19only.

2:52:20>> Okay. So, people are okay with that. And

2:52:22that's the new four.

2:52:23>> Yeah.

2:52:25>> Anyone have any other questions?

2:52:27>> Just to point out, even if they were

2:52:29trying to get curb press on a utility

2:52:32and a hydra,

2:52:38>> okay,

2:52:42any other questions for Michelle?

2:52:46If not, is there a motion?

2:52:52Are you ready, Michelle?

2:53:12>> Are you ready for the motion, Michelle?

2:53:13Okay. Can

2:53:15>> Mr. Chairman, I'd like to make a motion

2:53:16to grant the special permit with the six

2:53:19six conditions as modified during the

2:53:21public hearing.

2:53:24So granted with the six conditions,

2:53:39[snorts] excuse me.

2:53:44Okay.

2:53:45Is there a second for Ken's motion?

2:53:51>> Maria. Maria second it.

2:53:58Okay.

2:54:05>> Whenever we are ready.

2:54:09>> Kenucci.

2:54:10>> Yes.

2:54:11>> Diane Chuha.

2:54:12>> Yes. Yes. Michelle Ferguson.

2:54:14>> Yes.

2:54:15>> Patrick Hayes.

2:54:16>> Yes.

2:54:16>> Eric Henry.

2:54:18>> Yeah.

2:54:20>> Marie Schroeder.

2:54:22>> Yep.

2:54:24>> Chuck open.

2:54:25>> Yes.

2:54:27>> So that was seven to zero.

2:54:35>> Okay. Uh so the motion has been uh

2:54:38granted with conditions.

2:54:42Thank you.

2:54:44>> Yeah. Good luck with the new operation.

2:54:56>> Okay.

2:55:08Go ahead.

2:55:13>> Okay. Thanks.

2:55:14>> Have a good night, guys.

2:55:16>> Is that you and me?

2:55:20>> Um, so that was

2:55:26Oh, I got those all followed up. Um,

2:55:308 9:55.

2:55:33That's 955

2:55:36and that was 8:46. [snorts]

2:55:41>> I wrote on the wrong ones. Yeah,

2:55:46>> sometimes

2:55:48703 to 8:45.

2:56:10Dian just took the bathroom.

2:56:26>> What's that?

2:56:31We're done.

2:56:33>> Well, we got a few more items.

2:56:37>> We're gonna You want to wait for Diane?

2:56:40She's on her way back.

2:56:43>> Yeah,

2:56:49>> a few more pieces of business.

2:56:54>> Don't run away.

2:56:57as much as we all want. No running away.

2:57:08>> Oh, grandson.

2:57:09>> Exciting for you.

2:57:10>> Really?

2:57:14>> AM or PM?

2:57:22>> Which which means Eric's going right

2:57:24from here to the airport.

2:57:28So, let's try to move this along.

2:57:32>> Okay.

2:57:36So,

2:57:38um we can move on with uh next item on

2:57:42the agenda, One Salem Street. Michelle,

2:57:44can you give us a quick update?

2:57:46>> Yes. One Salem Street is still uh in the

2:57:50traffic impact study peer review process

2:57:53is still underway. Um still addressing

2:57:57some of the questions and concerns. So,

2:57:58that's not ready for your review

2:58:01um and recommendation.

2:58:03>> Okay.

2:58:04>> To

2:58:04>> and was there something else about

2:58:08>> There was something else that Maria I

2:58:10don't know if you want to talk about

2:58:11Maria brought some concerns and

2:58:14recommendations.

2:58:16Um,

2:58:17>> yeah. So, just generally the the page

2:58:20that I sent you, Michelle, of u just

2:58:22kind of looking over the facade design,

2:58:25there are recommendations of how to

2:58:27maybe simplify some of it. Um, the the

2:58:31overall idea is that they're

2:58:33replicating, you know, the base of the

2:58:35building that used to be there right at

2:58:36one Salem and they're adding on to it.

2:58:40and you know it's I believe it was a

2:58:43threestory base and the proportions get

2:58:46a little bit strange and and different

2:58:49than the the context. So there was just

2:58:51a a couple of recommendations there for

2:58:54uh alignments to make and

2:58:55simplifications to the facade so that

2:58:58it's clear what is the historic

2:59:00replication and what is you know the

2:59:03more modern piece above it. Uh, you

2:59:06know, it's things like they have um bay

2:59:09windows uh that are kind of on the the

2:59:13expression on the top that are engaging

2:59:15the cornice of of the replicated base.

2:59:18And it uh

2:59:21it it would be it would allow the

2:59:23replication of the historical structure

2:59:25to be a stronger statement if if they

2:59:27would keep them separate and let that

2:59:30cornice be a you know a dividing line

2:59:33between the two. Um, I guess I I wrote

2:59:38some recommendations that I can send to

2:59:40you and and they can consider them.

2:59:42>> Yes. What? So, Maria brought some, you

2:59:46know, concerns and recommendations. It's

2:59:49my recommendation because the historical

2:59:51commission is still going to review the

2:59:52facade because now they're going to

2:59:54incorporate parts of 15 ferry. Um, I

2:59:57recommended whereas this board doesn't

2:59:59typically look at facade as part of its

3:00:01zoning review that Maria can get her

3:00:04comments to the historical commission

3:00:06for their consideration and if they

3:00:09include or incorporate any of them, they

3:00:11will be coming back to you anyway. So,

3:00:13when you're ready for your

3:00:14recommendation, you'd be incorporating

3:00:16them in that way. Um, as opposed to the

3:00:19board itself

3:00:21going out into that area. Um, so that

3:00:24way they were very well thought out

3:00:28recommendations and I think the

3:00:30historical commission will be very

3:00:31interested.

3:00:32>> Okay. So, you'll pass that along.

3:00:34>> I'm going to pass them and I let Maria

3:00:36know when the meeting is and I can let

3:00:38the commission know. So, and one of the

3:00:40other parts to the uh what I was trying

3:00:44to relate to was that there's a party

3:00:46wall that's like it's very tall, you

3:00:48know, right against the the um pizza

3:00:51place. So when you're coming, you know,

3:00:53[snorts] you do. Yeah. So that

3:00:56>> you if you just imaging

3:00:59or a 3D view of that, but if you can

3:01:01stand on that corner and imagine that

3:01:02there, it will it will it'll be a very

3:01:05big change to that area. So we just want

3:01:08to go in eyes wide open. [laughter]

3:01:12>> Okay. And you're comfortable with

3:01:14Michelle passing on your information?

3:01:17>> Very good.

3:01:20Anyone

3:01:23have any other questions? Eric, you had

3:01:25a comment you were going to make.

3:01:26>> I just did Maria, just this just is a a

3:01:29point of uh information stuff. We do

3:01:31have a presence on the uh CPC and I do

3:01:34know that

3:01:37Ena is on from the uh historical

3:01:40commission is also on the CPC. Uh you

3:01:43know, I don't know if you know anybody

3:01:44directly on there, but

3:01:47we do have direct contact with that.

3:01:49This is

3:01:52He is very good.

3:01:53>> Okay.

3:01:54>> Yeah.

3:01:55>> No. Very good. Thank you. Um, next item.

3:01:59CPC.

3:02:00>> No update.

3:02:02>> Very good.

3:02:07Um,

3:02:09Michelle, master plan, uh, comprehensive

3:02:11master planning activities and open

3:02:14space work plan.

3:02:16>> So, the comprehensive master planning

3:02:19activities. The steering committee

3:02:21continues to meet, meeting again next

3:02:23week. We're they're in the process of

3:02:25reviewing existing conditions, planning

3:02:28the citywide first citywide

3:02:31um planning event, which is going to be

3:02:34early November. Uh I believe they're

3:02:37looking at a Saturday. Once I get the

3:02:38date finalized, I will let you know. Um

3:02:41so you all can plan to attend hopefully.

3:02:44So that project's moving along. um in

3:02:47open space and recreation plan. We did

3:02:49get an update which was that it was

3:02:52filed with the state and the state

3:02:53approved the plan. So that was just uh

3:02:56done actually right after your last

3:02:58meeting, right after our last meeting I

3:03:01should say. Um the prior update to that

3:03:04was that they were trying to incorporate

3:03:05some of the comments in that you had

3:03:07made and some of the other reviewers uh

3:03:10city reviewers had made. So I haven't

3:03:12seen the final version. I'll get the

3:03:14link and send it to everybody. So, if

3:03:16anybody wants to take a look at it.

3:03:18>> Okay. Thank you. Um, next meeting is

3:03:22October 14th.

3:03:24If any if anyone can't make it, please

3:03:27let Michelle know as soon as possible.

3:03:29>> Eric Henry's a no and Diane Chuhar is a

3:03:32no. So, already two are two are absent.

3:03:35>> We don't do remote.

3:03:37>> We do not um right now at least. So, we

3:03:42um

3:03:45I will see what what is coming. I

3:03:47thought Overlook Ridge was coming. I'm

3:03:50not sure if it is. It isn't. And we'll

3:03:53have to talk at some point about

3:03:55November because our November meeting

3:03:57will fall on Veterans Day. So, we're

3:03:59going to have to consider other dates.

3:04:04>> Okay.

3:04:04>> So, we'll maybe next

3:04:06>> We can't meet on Veterans Day.

3:04:07>> Right. Right. So maybe we'll talk about

3:04:09that next time. If we don't have a

3:04:11meeting, we'll have to do an email.

3:04:12>> Yeah.

3:04:14>> To to poll people.

3:04:16>> Okay. Any other questions anyone has?

3:04:20>> No. Eric, have a safe trip. Enjoy your

3:04:24meeting your new grandchild.

3:04:25>> Thank you for that point of

3:04:27>> Thank you.

3:04:29>> And everyone else, thank you very much.

3:04:31Ken, thank you. And everyone, Ken,

3:04:33Michelle, and everyone. I did watch the

3:04:36uh last planning board meeting uh for my

3:04:39house and you guys all did fabulous.

3:04:41Thank you very much for supporting me

3:04:43and uh helping me get through that. Um

3:04:47>> happy to announce your return.

3:04:52>> Is there a motion to adjourn?

3:04:55>> Dian Chua. Anyone else? Michelle

3:04:58Ferguson seconds.

3:05:01All those in favor say I. I

3:05:04>> opposed.

3:05:05Motion carries. Have a good evening.

3:05:12>> See you Monday.