Planning Board - Regular Meeting

Good evening, my name's Chuck Iova and I'll be presiding over this evening's planning board meeting and joint meeting of the city ordinance committee and the planning board. First thing, What we're gonna do is for those in attendance, under the provisions of the open meeting law, attendees are being informed that this meeting is being recorded by Urban Media Arts and will be live streamed on Malden Access MATV YouTube site. I have not been notified that any other video recording or audio recording of this meeting will occur. The next thing we will do is we will do a roll call of the Planning Board, and then we'll pass it over to the Ordinance Committee. So starting with Ronnie. Ronnie Rajverma, Planning Board.

Thordesh Gavrasilasi, Planning Board. Diane Shuhaw, Planning Board.

Chuck Iovine, Planning Board. Pat Hayes, Planning Board. Eric Henry, Planning Board. Lisa Gray, Planning Board. Give me a second here.

Stephanie Stone, Planning Board. Michelle Ferguson, Planning Board.

Thank you very much. And for the record, Michelle Ferguson will be voting on all items this evening. Let's see, so I'm gonna turn it over to Councilor Winslow.

There you go. All right. Councilor Winslow, Chair of the Rules and Ordinance Committee, I'll take the roll. So, Councilor Colin Hayes?

Here.

Councilor Linehan?

Here.

Councilor Crowe?

Here.

Councilor O'Malley? Right. So, we have four of the five members of the Rules and Ordinance Committee.

We have a quorum present. Thank you. Thank you very much, Councilor. Diane, can you read the notice for the paper?

Excuse me. The Malden Planning Board and Malden City Council Rules and Ordinance Committee will jointly hold a public hearing in the Herbert L. Jackson Council Chamber, Malden City Hall, 215 Pleasant Street, Malden, Mass., at 7 p.m. on Wednesday, June 10, 2026, in accordance with Section 12.32.050 of Title 12 of the Code of the City of Malden, MCC. regarding the petition for zoning amendments as proposed in city council paper number 276 slash 2026 to amend the following sections of title 12 MCC as follows. One, section 12.12.030 use regulations table. Amend by establishing a new use category data center and use regulation for this new use in all zoning districts. Two, Section 12.32.030, Certificates and Permits. Amend subsection 12.32.030.C by establishing a moratorium on the issuance of any zoning relief or building permit for a data center. For the purpose of providing the city with the opportunity and time to undertake studies and obtain resident input on the impacts that data centers may have on the infrastructure, environment, health, and economy of the city and community, and to consider amendments to the ordinances. Three, section 12.32.060, definitions zoning. Amend subsection 12.32.060.B by adding a definition for data centers. The full text of the proposed zoning amendments, city council paper number 276-2026, is available for public review on the City of Malden website.

Thank you, Diane. Council Winslow, does the sponsor want to introduce the paper? Council Taylor, are you hiding over there? Oh, there you are. Okay, and I'd just like to remind anyone who comes up to the podium, if you could speak into the microphone and start off with your name and address for the record, and also sign the clipboard so that we have the proper spelling and addresses. Thank you. Thank you, Councillor.

Thank you so much. Ari Taylor, 19 Walcott Street, Councillor Ward 5. So we submitted this paper because we don't currently have any regulations on data centers. We are looking to do a moratorium so we can investigate and create some zoning that makes sense and be proactive with where these could be used in the city, if they could be used what makes the most sense, what regulations, what guidelines we should have, rather than wait for something to come before us. We just want to make sure that we're proactively creating ordinances and zoning that makes sense for the city and the master plan in general.

Thank you, Councillor. The first question I have that maybe you can help me understand a little bit better. This paper appears to be geared towards larger systems or larger structures. We're not planning a moratorium on if a company has a data center as part of their office and operation.

That would be more of like a, this is more for a freestanding data center where that's the entirety of the use. something that's, you know, incorporated in the use of regular business would not be considered a data center. And that would be part of what we're defining and what we're working on a little bit further. But as it stands right now, our main goal is to look at what, if the primary use is going to be a data center.

Okay. No, no, I just, that's what I figured, but I just wanted to clarify that and make sure because... I've worked at a number of companies where they had a section dedicated to what I'd call a data center. The computers and restricted and it was climate controlled and all that. But this is more like a data farm, like O'Leary's talking about building out in Utah.

Yes, yeah. And this will really give us time to be able to parcel out what makes sense to be able to allow in the city or not allow in the city. But again, it would have to be like the primary use would be the data center, not in addition to what a business would need.

Okay. And who did you work with to identify the definition?

We worked with OSPCD. They helped with the definition.

Thank you. It seems pretty straightforward, and we're trying to get out in front of something that could end up having a negative impact in the area. And since looking at it and seeing it was on the agenda, I'm hearing more about the oil tank fields in Everett potentially exploring this use in that aspect of it. Plus, they're going to have other things there, too. We're definitely trying to get out in front of it, I think.

Yes. Yeah, we want to make sure we're researching everything to get out in front of it.

Okay. Does anyone have any questions for the councillor? Eric Henry.

Thank you, Mr. Chair, and great councillor. Thank you very much for taking my question. I'm just curious. Sometimes, I've been on the planning board long enough to see the ward moratorium come around before, and it kind of perks my attention. My first question would be, to your knowledge, has the city been probed, I mean, inquired or reached out to about this potential as of yet by any entity?

No, we have not been reached out by any entity yet, and that was kind of why we wanted to do this, to make sure that if someone did reach out to us, we got to have that narrative of what we wanted in our city and what made sense for the city. So we weren't being as reactive and then trying to like fumble to create something or having to allow a use that maybe would be counterproductive to what our goals are.

Okay. And just for the record, can I have you to state the duration of the moratorium, please?

One year.

If I'm not mistaken, it's May 22nd, 2026 to September 8th, 2027. Am I reading that incorrect?

I thought it was May 22nd, 2026 to May 22nd. Yeah, May 22nd, 2026. Irrespective.

Thank you, Council. One year is sufficient. Two years is irritating. Thank you.

Thank you. Unless there's anything else. Sorry.

Okay, Michelle.

Could you clarify who you expect will be doing these studies for the moratorium?

We're going to be working with OSPCD to help with the studies. We're also looking and working with cities and towns that have already passed various levels. I don't want to say the word ban, but different zoning ordinances already on data centers. But OSPCD will be working with us to make sure that...

So it'll be, the city will internally do it? You're not planning to hire a consultant? I have no plans to hire a consultant to do this, no.

Okay, thanks.

And if I could just clarify back to the duration, the way the moratorium is written, it does, as Eric Henry noted, it begins on the date of first publication of the public notice for this hearing, which was May 22nd, and it ends one year from the date of final enactment of this amendment. So the latest you would possibly enact would be in September, if you waited the full 90 days after the hearing closes and came back and that was the first thing you did at your first meeting on September 8th. So then it would run a year from then. So just for the board's reference and everyone's reference, that's probably the latest date. But if you were to move this forward next week or before you recess, then it will be a year from that date. Thank you. So I'm not sure what, do you have an idea of how quickly this will move?

My hope is to move this as quickly as possible and to also, you know, start the work in the Economic Development Committee and with OSPCD.

Okay, thank you.

Very good. Eric Henry. There you go. Thank you, Chair, for the second time. Just one more question. You mentioned the city of Everett, and it prompted me to think that since we're going through this exercise, are there any other municipalities in the area that we can model or can emulate in this process?

I know Everett has just gone through this. That's the one that comes to mind first. I know Lowell has, Marshfield. There were seven or eight communities that we had looked at when we first put this forward that we looked to for some of the language. Um, but I just read another article about Everett passing it. I think they just did at their last council meeting that it was fully enacted. Is that what it, um, there was something in the advocate today. So, um, that's the one that comes to mind and is closest to us, but there were several other communities and they're popping up. It seems like every day I'm reading another article about another municipality. And that's kind of one of my fears too is that if everybody around us is fully banning them and we have nothing on the books, then we become somewhat of a target. And there are environmental repercussions and there could be some, our residents could face a lot of issues. There's been higher utility bills because of these data centers and we just don't know enough about them to just give carte blanche, right? So that's kind of the goal of this, is to be able to look at that information, see who it impacts, see how it impacts, and then move forward with something that makes sense and has all the information.

Thank you. So the reason why I was asking the question, you know, the others around, if you had noticed some commonality of limits that could be placed into our moratorium, but you just mentioned an interesting word, and you said ban. on data centers. So this is up to and including a total ban on data centers in the city?

Possibly for like the larger ones, which I know that we don't necessarily have space for, right? Like the land for, but we would need to look at everything. I don't see, we've talked to, I've already spoken to a few people that work in like environmental studies and as well as... Some of the unions, so it's not necessarily an entire ban That I think we're going for but it's just reasonable regulations that are limitations reasonable limitations. Yeah Thank you.

Thank you If I could comment just on that this is actually a two-part paper the moratorium is one part the other part is a ban on data centers, so it's proposed to be prohibited in all zoning districts and Establish a definition, establish a use category, and establish use regulations that would prohibit it in all zoning districts. The second part is the moratorium that's ongoing. So there's two different parts to the paper. Right now, it would be considered retail service. If a data center wanted to come into the city, it would be classified as a retail service.

Thanks for the clarification, Jo.

Yeah, thanks.

Thank you. Does anyone on the ordinance committee, would anyone like to ask any questions? I can't see Peg, so.

Okay. Yes. Thank you, Councilor Crowe. I actually have been working with some Everett City Council, because they've done a lot of that research especially on the border side near the river where they anticipate a lot to happen. And, you know, it's, again, we keep looking at the river as a potential of growth, and I think this will hinder it. So, you know, I've talked to Councilor Taylor a little bit, and so I have a lot of information that they, and so I will, as a part of this moratorium, and, you know, my expectation is once we put things around, it wouldn't be maybe a year. We spoke about that. Once we have really the guidelines in place, but I do know Lowell, some of the Everett City Council went to a field trip in Lowell, and the residents of Lowell were suing because of the, you know, as Councilor Taylor had said, the higher prices in their electricity, the sound, really, it's very disruptive. So I think this is, you know, I'm just putting my support around it to, that we get to figure this out before it just happens to us. And, you know, we want to make sure that we have it done correctly.

And if I could just add, as a co-sponsor under Councilor Taylor's leadership on this paper, I was happy to support this for many of the same reasons that both Councilor Crowe and Taylor have articulated, but particularly to touch on the Lowell example. I think that's a comparable example of a community that's largely already built out in the same ways that Malden is. In that instance, what they initially received was a very small infill proposal that they felt was kind of a bait and switch that came back bigger and they then found themselves having to fight against an expansion after something was already disruptive. And I think that's something that, at the risk of sounding fearful, we wouldn't want to have happen here. We could see, maybe we don't have a large development opportunity right now, but I would hate to have a scenario where something could get torn down or something could come in small and then they'd come back around and say, well, gosh, now we really need to expand. You need to allow us to have a special permit to come do more. The reason that there's two parts to this is in order to do the moratorium, in order to have the opportunity to take a pause to study, we had to actually create that section in the table of uses. So with respect to Michelle's point, I think we learned that we had to create a use for it in order to say we don't want to allow it for now and implement the moratorium. We are completely open to ending a moratorium sooner if OSPCD is able to collaborate with us sooner to get those regulations that make sense for Malden in place in a timeframe. We just felt like that gave them enough of a buffer, understanding that they're also under a lot of pressure to develop some proactive economic development opportunities for the city in light of our economic crisis that we're in with the city budget. So we didn't want to overburden them with trying to do everything all at once. And understanding that because we don't have any proposals before us for a data center, that hopefully this gives them enough breathing room to do all of those things that they're being asked to do right now, and then we don't get hit with a proposal that could be detrimental to the city. But I do think there's a world where something small-scale, infill, could bring jobs, could be not a burden on electricity bills, noise, water usage. There are academic partners, there are healthcare partners that I think are doing this in a non-burdensome way, and we would want to be open to that. But we don't want to get caught unprepared if something were to come in that is not beneficial to the community. So that's really why I chose to sponsor this. And again, appreciation to Councillor Taylor for moving it forward proactively and trying to be quick about it.

Thank you. Thank you, Councillor. And I agree. This is an evolving area and it's evolving very quickly. Some of the things I'm hearing from where I work is that they're they're running into problems with these large data centers because the power grids that are supporting them aren't big enough. And that's where it's causing some of these other problems out in the Midwest and out that way. And one of the things that's being explored is energy storage systems to bring them in so that they can drop the data and zero liquid discharge for the water usage, but Eric Henry. Give me one second.

I just wanted to expound on your point again. You're right, my focus in, I know the PV, the distributed generation, things like photos, but The micro nukes are the ones I'm more concerned about. They're not on the market now, but if I'm invested in it, they're coming. And I shudder to think of a micro nuclear reactor in Malden.

I hadn't heard about that one yet. And

Council Winslow or Cohen Hayes? Yeah, both of us, yes. So, yeah, no, I think the comments from the planning board are well taken. I mean, I think it is, you're hearing all these kind of, you know, worst case scenarios out there. You know, they haven't totally hit here, but, you know, I think it is, you know, you know, you know, especially kind of defining what a data center is and is it ancillary to some other use. I mean, you know, like above Macy's downtown, I think there's something that they sort of built a data center, you know, it's an internet switching thing. Is that kind of the equivalent that was happening 15, 20 years ago? So it is, you know, where the technology is going. And I think, you know, we definitely want to make sure it doesn't disrupt everything. I think ironically, I mean, I worked on the Telecom City project under, you know, commercial street and down to Rivers Edge Way, there's actually a lot of conduit there that never got used for that project. So there might be some, if you're building it as part of something else, there might be a little good opportunity we can take advantage of. You know, the Malden stretch of that project was never really developed. So it's something to think about. You know, and I was also reading about how maybe Massachusetts, you know, kind of smaller data centers with AI may be where we actually have an economic advantage, you know, that we... So it's the type of thing of something smaller scale, you know, we have to think of, you know... Banning may not be the way to go, but, you know, accommodating AI and smaller scale data centers is just like we've done from, you know, when Bell first had the telephone come up here. And, you know, so we have to be open to technology, but not let us overwhelm the quality of life here. So that's really the balance we've got to do. Thanks.

Thank you, Counselor.

Hi, good evening, Councilor Colon-Hayes. I just want to speak to my support of this paper and thank Councilor Taylor and Councilor Linehan for moving this forward without belaboring in what everybody else has said. I attended a summit here that was run by youth here in this room and It was a great presentation, and that's when I really started learning a lot more details about what goes on environmental-wise. So I am in support of this paper. I'm glad to hear it's only a year moratorium. I'm guessing maybe we could get it done even earlier. Who knows? I think so. And lift that. And then to Eric Henry's point, the... a total ban, I'm glad that you're open to not, we're just gonna review that, because you're right, it's all gonna be about the definitions and what we are looking for in here to make sure that we're not stifling new business, but it's also good for Malden and good for our environment. So thank you so much for bringing this forward. That's it.

Thank you, Counselor. Does anyone else have any other questions for the sponsor of this paper? I don't see any on the planning board. I don't see any on the ordinance committee. Is there anything you'd like to add, Councillor Taylor?

No, I thank you for your consideration in taking this up tonight. And, you know, I look forward to working on bringing this out of the moratorium and something back to the committee that makes sense and makes sense for Malden.

Terrific. Thank you very much. At this point, we'll entertain anyone that would like to speak in favor of the City Council paper. Anyone that would like to speak in favor? Diane, do you have anything to read in favor? So last call, and anyone would like to speak in favor? I declare that part of the hearing closed. Is there anyone that would like to speak in opposition to this council paper? Anyone to speak in opposition? Thank you. Come right up, sir, and name and address for the record, and if you could sign the clipboard. Thank you.

Hi, my name is George Nazaro. I live at 74 Holyoke Street. And the data center, I don't think you should really bring that to Malden. Because just two weeks ago, I read an article from a place in Virginia, really the state of Virginia, who has a lot of data centers. And the biggest problem they have is when they have to create their own power during peak times in the summer or the winter, they have basically 52-foot trailers About a half a dozen, all diesel generators. They have a problem with air quality, asthma. There's a lot of issues in these communities. And Virginia has, I think, a bigger amount of these data centers. And also in Tennessee, one of these companies came in for data center. Small community, local power grid. Well, what they ended up doing was crypto mining. And they drained the whole power source. People in the area the electric bills either doubled or tripled and they really drained from the community What they came in to do they just found like sort of a loophole cheap electricity And I really don't this thing bring a very big quality to Malden So I would really push for a ban on it if that's one of the options

Okay, so just to clarify, so you're not in opposition of the council paper, you're actually in favor of the council paper to establish a moratorium and potentially a ban? Correct. Okay. If I misrepresented, I'm sorry. Yeah, no, no, no, it's fine. It's just a different part of the hearing. I just want to clarify that you're actually speaking in favor of the paper. Yes.

And as for Mr. Henry? where we mentioned about the mini nukes. They are coming. My daughter just looked at one last week. She worked for the company that brings them in. And they will arrive. They exist. All right, thank you very much for hearing.

Thank you very much. Is there anyone else that would like to speak in opposition? Anyone else in opposition? Diane, do you have anything to read in opposition? I do not. Very good. If there's no one else in opposition, declare that part of the hearing closed. Michelle, could you take us through the staff report and the recommendation?

Yes. So this is City Council Paper 276 of 2026. I'm reading from the planning report and recommendation dated June 10th, 2026. I won't read it verbatim into the record. It's incorporated herein by reference to the record. As we discussed earlier, part of the proposal is to set up a use category and use regulations. So it will establish a new business use called data centers. It will prohibit this use in all zoning districts. As I mentioned, currently it's classified, it would be classified as a retail service. So by establishing a category for the use, the amendment will preclude classification of this use as a retail service or any other type or kind of use. In terms of use regulations, and this was kind of discussed or referenced. It is proposed as a ban, so it's proposed to be prohibited in all zoning districts. If the regulations are not ordained as proposed and less restrictive regulations are proposed, for example, to allow the new use by right or by special permit or by site plan review in certain districts, that would likely be considered to be covered under the current notice. However, if they are gonna become allowed, there would need to be another amendment filed to establish dimensional controls and parking requirements, parking and loading. So right now, again, as you can see, and you do have a copy of the paper attached to the package, it would be prohibited in all zoning districts. Definition is in the paper, and it's repeated here. A question, I think, was asked about accessory data centers, if you will, or data closets or businesses that use a data center that's accessory to their business, those would not be regulated by this. So as this reads, a data center is a building or part thereof which has a principal use for data center. So the accessory uses would not be prohibited or precluded by this or regulated by this. In terms of the second part of the paper, which is the moratorium, We discussed this, the duration, May 22nd, 2026, which was the date of first publication of the hearing notice. And depending when it's enacted will determine when the one year moratorium, when the one year will start. I noted here the estimated date, September 8th. Again, that is if the council took the full 90 days after the close of the hearing to enact. There is a purpose identified as well, which we talked about. In terms of application and exemptions, the amendments will apply to new construction, new use and occupancy of existing buildings unless exempt by city ordinance, the express language of the amendment, state law, or the State Permit Extension Act. The city is unaware of any existing data centers and there are no approved or proposed projects. The effective date is the date of the council's vote to ordain the amendments, unless otherwise specified. So for the use regulations and definition, the effective date will be the date of the council's vote. For the moratorium, the effective date is specified in the ordinance, or the proposed ordinance, and the effective date is the first date of publication of the public hearing notice. So that's May 22nd, 2026. Council must act on the amendments within 90 days after the public hearing closes, otherwise a new public hearing must be held. So if the public hearing closes tonight, June 10th, 2026, the final date for action is September 8th, 2026. Your standard of review, and this is before you to make an advisory recommendation to the city council. They will decide whether to adopt the ordinance, ordain it, enroll it, enroll and ordain it. You're making an advisory recommendation. We will deliver that recommendation immediately, so the council will be prepared to act on it as soon as possible. And the recommendation, which was prepared prior to the public hearings, that the planning board recommend to the city council approval of the proposed amendments as submitted.

Okay, thank you very much, Michelle. Does anyone have any questions for Michelle? On the planning board or on the ordinance committee? Patrick Hayes.

So, Michelle, I know when we're considering other zoning amendments, as a body, we've always been very cautious to ban things outright. And here, this is clearly where this is kind of heading. And so, is that legally allowed? And what are the pitfalls that, you know, why can we ban this type of thing, but we couldn't ban an adult movie house?

Well, I think some of, for example, an adult movie house and some of the adult uses are protected uses under state law. So that would be my information on that. You have in the past prohibited uses, or I should say the council has prohibited uses, most recently self storage facilities. Previously were allowed by special permit. Initially by the city council, then by the planning board, and then about three years back, the ordinance was amended to prohibit them citywide.

Okay.

I don't know if that answers your question or- It's still subject, it could be challenged, that's what I'm- Yeah, I mean, any ordinance could be challenged. This is, I will say, what I will call a belt and suspenders approach. could just do the moratorium and then come up with the use regulations. My understanding is it's being proposed this way in case the moratorium doesn't move forward, there will be use regulations on the books. The use regulations, if these go on the books and it is prohibited in all districts, I expect that after the moratorium and the studies and more information is gathered, There may be another proposal to amend the zoning to perhaps allow it in certain districts, either by special permit or establish, as I said before, dimensional controls, parking requirements. So if you only pass the moratorium and that were challenged, then we would not have any use regulations on the books. So that's why I think it's like a dual approach we're taking in this particular case. In the past, the moratoriums have been on existing uses, you know, multifamily. Although the initial moratorium on self-storage facilities, self-storage facilities kind of similar to this, were being treated, classified as another existing use. Self-storage facilities were being classified as warehouse.

Were they reclassified later?

They were being classified as warehouse. And so self-storage facilities and some of them in the city were opened and permitted as warehouses. The city enacted the moratorium, then put use regulations on the books to say, here's a new use category, self-storage facility, and it requires a special permit in these districts. And then afterwards, over the years, the use regs changed or amended.

Thank you. Thank you. Any other questions for Michelle? Any questions from the ordinance committee? No? Okay. Well, very good then. Is there a motion? And before we get to that, Michelle, do we have to do two votes for each portion or can we just cover it all in one?

If you're, it depends on how you're voting. If you're in favor of part of it, I would, no, you can do one vote. I mean, it is one paper. Okay. So say you were in favor of the moratorium and not the other, the motion would be to recommend disapproval of these sections and approval of the amendments of these sections or recommend approval of all sections or disapproval of all proposed amendments. So it depends on what it is.

Okay. Diane Chua. Yeah.

I'd like to make a motion to approve the petition as is, the paper as is. So to recommend approval? To recommend approval, yes. And again, this will be a recommendation I make on your behalf to the city council. Yes.

Very good. Is there a second for Diane's motion? Eric Henry. I second that motion. Thank you, Eric. Eric Henry has seconded the motion to recommend approval of the full council paper to the city council. Okay. Michelle, you're going to do a roll call? Give me a second to get set up. Okay. Okay.

Diane Chuhua? Yes. Michelle Ferguson? Yes. Tawadich Ghebre Selassie? Yes. Risa Gray? Yes. Patrick Hayes? Yes.

Thank you. It's only letting me identify three people.

Eric Henry? Yes. Stephanie Stone? Ronny Vajverma?

Yes.

Chuck A. Obin.

Yes. The recommendation to recommend approval to the city council has passed nine to zero. Thank you very much.

All those in favor say aye. So I think we're dismissed.

All right. Thank you very much. Thank you very much, Ordinance Committee. Have a good evening. Okay, you all set, Michelle? Thank you all. Next item on the agenda is 75 Pleasant Street. Diane, can you read the notice, please?

The Malden Planning Board will hold a public hearing in the Herbert L. Jackson Council Chamber, Malden City Hall, 215 Pleasant Street, Malden, Mass. At 7 p.m. on Wednesday, June 10, 2026. On the petition of Corey Shamblin on behalf of 75 Pleasant Street, LLC. Permit application number C00-076859-2026. seeking a special permit under Title 12 of the Code of the City of Malden, Section 12.12.030, to allow use of property in the Central Business Zoning District for a licensed massage therapy salon namely in acupuncture practice in approximately 300 square feet of the third floor of the existing building at the premises known as 75 Pleasant Street, Suite 324, located at the property known as and numbered 75 Pleasant Street, Malden, Mass., and known by City Assessor's Parcel ID number 050257708. Thank you very much, Diane. Is the petitioner present?

And again, if you could name an address for the record.

My name is Corey Shamblin, 27 William Street.

Very good, sir. If you'd like to make your presentation.

I am seeking the special permit to operate a very small acupuncture clinic at 75 Pleasant Street, Unit 324. It's a single-room clinic. One patient an hour will only operate two days a week. There's very limited impact on noise, no problems with tenants, and then very little traffic.

Did I hear you correctly? You'll only be open two days a week?

One day a week, and then a half day and a half day, so a cumulative two days a week.

And would those change each week, or depending on the appointment you have, or do you know which days those might be?

Maybe Tuesday, Thursday evening, and then Friday morning.

Tuesday, Thursday night, and Friday night?

Friday morning.

Okay, thank you.

Are you already operating anywhere currently? I currently practice in Andover, and then I also run a chronic pain clinic at Cambridge Health here in Malden.

Will you be the only employee? Yes. How quickly would you expect, if it's approved this evening, how quickly would you expect to open?

Ideally August.

August? Do they have to build up the space at all?

No, there's no change to the existing structure at all.

How long have you been operating in Andover?

A year and a half.

Would you be closing that facility down? I guess what my real question is, currently Express Channel will be open three days, two of which are half days. Are there any plans to grow the business?

Yes. Here, yes. Yes. Currently, I'm an employee in Andover. I don't own that clinic.

How quickly, if things go as you'd like, how quickly would you grow it into something more substantial? Ideally, six to eight weeks. Okay, so we could be looking at, you know, in the fall, how many people would you expect to have on staff then?

I would be the only employee.

You'd still just be open longer? Yep. Do you generate a lot of medical waste?

No. Typically, we have acupuncture needles. We expose those in sharps containers, and they're disposed of by whichever company we contract.

Okay, so you have a contract that would take care of that. Okay. Okay, we've had a couple of these coming in the last several months, so fairly familiar with the operation other than the specifics of what your hours of operation, how many employees, that type of thing. Does anyone have any questions for the petitioner? Michelle, do you have any questions for the petitioner? I do not.

Thank you. So is it by appointment or somebody can walk in?

Yes, it's by appointment only.

So do you guys accept like any insurance or somebody has to pay at the front?

Either or. I will accept three different insurances or it could be out of pocket.

Okay, thank you. But there is another acupuncture if I'm not mistaken. It's opening that building, if I'm not mistaken. I don't know whether it's the same one.

Say it again, I'm sorry.

There is another acupuncture. They opened it maybe four or five months ago. Is it the same one or it's a different one?

Separate.

Okay, thank you. I'm all set.

Thank you very much, Jawadj. Any other questions? Is there anything else you'd like to add, sir?

No, that's it. Thank you.

Thank you very much. At this point, we'd like to entertain anyone that would like to speak in favor of this petition. Anyone to speak in favor? Yeah, you can come up to the podium, name and address for the record, please.

Hello, my name is Alex Sitos. Address is 452 Beacon Street, Boston. And I'm the property manager for 75 Pleasant Street. And I come in here for support of Purple Clover Acupuncture and Corey Shamblin.

So your favorite? Yes.

Anything else you'd like to add? No, unless anyone has any questions.

I don't see anyone asking any. There we go, Eric.

Okay, Eric. Thank you, Mr. Chair. Sir, do you manage any other acupuncture businesses in this property or any of your other properties?

Yes, there's one other acupuncture business at 75 Pleasant Street on the fourth floor. We had a hearing here for it a few months ago. They do massage as well, and they do supplement sales, I believe. So it's slightly different, but yeah, there is another one in the building. Thank you. Thank you.

Okay, is that it, sir? Yes. Is there anyone else that would like to speak in favor of this petition? Sir, you're welcome to sit down if you'd like. Thank you. Thank you. Anyone else that would like to speak in favor? Diane, do you have anything to read in favor? I do not. Thank you. Seeing and hearing no more that would like to speak in favor, declare that part of the hearing closed. Is there anyone who would like to speak in opposition of this petition? Anyone speak in opposition? Diane, do you have anything to read in opposition? I do not. Thank you. Seeing no more in opposition, declare that part of the hearing closed. Michelle, can you take us through your staff report and recommendation, please?

Yes, so this is the, I'm reading from the planning report and recommendation dated June 10th, 2026. I won't read verbatim into the record. It's incorporated here and by reference into the record. You're familiar with the property as we just heard. You reviewed an acupuncture special permit petition for licensed massage therapy, salon, and specifically acupuncture at the same property, 75 Pleasant Street, in another unit, so the property's the site of the five-story building. There are several existing and pending tenants, including this other acupuncture clinic that you permitted. There are churches, a dance studio, escape game room, offices, photography studio, sales, salons, spas, and then the property owner's main offices. There's also the Chinese Cultural Connection Center located there. As the petitioner mentioned, it's a small The premises are small, approximately 300 square feet in size. As he said, the existing layout of the premises will be used. There'll be one waiting room and one treatment room. The plans that were submitted in support of the petition and information is listed here for you. Floor plans, a site plan that we had on file. Petitioner presented his active acupuncture license as well. You have a copy of that. And the property owner and property manager supplied a spreadsheet of existing tenants. You have a copy of that as well. In terms of zoning and occupancy, the property is located in the Central Business Zoning District. The proposed acupuncture clinic is classified as licensed massage therapy salon use, which may be allowed by special permit in this district. I will note that Currently being discussed at the city council is a proposal to amend use regulations for various businesses, including an amendment that may allow this use by right in the central business zoning district. No zoning amendment has been filed yet, however it is being discussed. By definition, this is just telling you what it is, a licensed massage therapy salon, what it includes. And as I mentioned, the existing businesses in the building, religious facility, recreation for gainful business, general offices, retail services, retail sales are allowed by right. The direct abutters to the west are a municipal parking lot, the Malden Senior Center and a multifamily dwelling. To the east, a multifamily dwelling and building with restaurant, retail sales, retail services. The abutter to the north on the other side of Garnet Road is a multifamily dwelling. To the south on the other side of Pleasant Street are restaurants, retail sales services, Kennel recreation for gainful business and artists live workspace surrounding land uses of business and residential. For current and pending uses in this proposed use, the building on the subject property complies with all dimensional controls, including requirements specific to the central business zoning district. The proposal does not create any violation to dimensional controls. Existing and proposed business uses of the property do not require parking. Given that the allowed non-residential uses in the central business zoning district do not have to conform to off-street parking requirements, There is loading provided on the eastern side of the building. The proposal does not create any violation of parking loading requirements. Traffic impact study was not required. And these are the findings that are required to grant a special permit. One, that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood. Two, the traffic and traffic patterns generated by the proposed use will not adversely impact any of the surrounding streets or create a traffic safety hazard. Three, that the proposed use will not be more judgmental to the neighborhood, is not in conflict with surrounding land uses, and is in the interest of the common good. Provided you make those findings, the recommendation, which was prepared prior to the public hearing, is that a special permit be granted subject to the following condition. One, all development shall be as per plans, except as modified by these conditions. Minor modifications of floor plan are allowed. I did not. Previously, we had included a condition that specified what type of licensed massage therapy salon would be allowed at the premises. Specifically, we had said, for example, only acupuncture services are allowed. I did not recommend that in this case, but I'm mentioning it today. If the board wants to include that, I can give you that language. So right now, it could be any business that's classified as a licensed massage therapy salon. So licensed by the state to provide massage services or acupuncture. So those are the two. And as the board's familiar, you've heard petitions that are only acupuncture, like the one right across the street, you've heard petitions that are acupuncture and massage. So it's up to the board.

Okay, thank you. Does anyone have any questions for Michelle? If there are no questions for Michelle, is there a motion? Diane Chua.

I'd like to make a motion to grant The proposal, as is, the planning recommendation to approve.

Is that with the one condition? Yes. Okay.

Okay, and for second, Patrick Hayes. I'll second. Very good. Give me a second here. Okay. Go ahead, Michelle.

Diane Shuhua? Yes. Michelle Ferguson?

Yes.

Tawadar Jigabrasilasi? Yes. Risa Gray?

Yes.

Patrick Hayes? Yes. Eric Henry? Yes. Stephanie Stone?

Yes.

Ronnie Raj Verma?

Yes.

Chuck Elwin?

Yes. That passes nine to zero. Yes, so the special permit is granted good luck with it Diane if you want to read the next item on the agenda and Next item on the agenda is 10 Maplewood Street.

The Malden Planning Board will hold a public hearing in the Herbert L. Jackson Council Chamber, Malden City Hall, 215 Pleasant Street, Malden, Mass., at 7 p.m. on Wednesday, June 10, 2026, on the petition of Jennifer Tina LaGuardia of Big Daddy Doggy Daycare on behalf of Craig E. Richards, Permit Application Number C00-10. 075099-2025, seeking a special permit under Title 12 of the Code of the City of Malden, Section 12.12.030, to allow use of the property in the neighborhood business zoning district for a kennel, namely to add boarding services to an existing doggy daycare in the basement of the existing building at the premises known as 10 Maplewood Street.

Located at the property known as and numbered 2-8 Maplewood Street Malden, Mass and known by city's assessors parcel ID number one three four six eight six six zero nine Thank you very much Diane I'd like to note for the record that Risa gray has Left the meeting she will not be voting on this hearing So that relieves eight of us left

Understood. Good evening, Mr. Chair. Good evening, members of the Planning Board. My name is Roberto DiMarco. I am an attorney with the law firm of Foster, Walker & DiMarco in Malden Square at 350 Main Street. I'm also a resident of the City of Malden at 17 Division Street, Malden. I am here on behalf of the petitioners. They are seeking to expand their business to include a dog kennel. I know the ordinance would allow for cats as well. That's not something that's immediately going to happen. If approved, they are a doggy daycare currently and would like to be a kennel. The history of this location is an interesting one. Without going into too much detail, there was a business there previously. They purchased it, and they were surprised that there was some irregularities with the approvals. They purchased it with the understanding that this was an approved location. They have gotten along very, very well with their neighbors, with their landlord, who's here in the room tonight. They really like their location. They've invested quite a bit in building this business up. But it looks like it was just they're operating for many years and didn't have all the approvals in place. So they are putting it into the correct legal standing. Their dream has been to run this business. My clients are here with me. They are new to the city of Malden over the last few years. They came here from the Midwest when Tina took over as the CEO over at UMA. And this is a business that they operate together outside of that. The staff report goes into detail, so I won't bore you with all of those aspects. I will say that the neighbors have come out strongly in favor. You have several letters of support from neighbors, from clients, from city councilors on this project. It will not be detrimental to the neighborhood. It is a quiet neighborhood. sealed off business. The dogs barking will not disturb the people around them. They have a plan to deal with disposal of waste. They have a plan to fix the interior to bring it up to code. There will be a massive amount of investment by them into bringing up the stalls and the pens up to code and bringing up the facilities, flooring, ceilings, wall. They are prepared to invest all of that. They already have a very strong client base that has been supportive of them in the allowed use, which is the the daycare. The kennel is something that needs a special permit. And they are planning on being on site with their employees at all times. They'll follow the full regulations as required. They've already invested in it. And I understand the issue that crops up with these type of situations, when people make a mistake and they find out that they have entered into something that wasn't clear. It's kind of a so sorry, excuse our, are a mistake situation. But in this instance, that is an honest mistake and they've done their best to correct that. Without the kennel, the business becomes extremely difficult to operate. The detriment to them will be enormous because of the investment they've already made and intend to make in bringing it up to code anyway. And there is no detriment to the neighborhood. It is sealed off. They have demonstrated by the support of the neighbors around them supporting the project, that there will be no detriment. They have worked diligently with the city and plan to stay and invest in the neighborhood. This is exactly the type of business that Malden should be supporting. It is allowed by special permit in the neighborhood business area. The detriment to the area in terms of parking remains the same. It is a grossly inadequate parking arrangement because the building is non-conforming, pre-existing non-conforming in how it's been run all these years. So the neighborhood is used to the parking situation. Whatever business goes into this basement location would have just as many, if not greater impact on the area because This is by appointment only. People are going to come, they're going to bring their dogs. It'll be limited to the required ordinance. They bring their dogs, they leave their dogs or cat in the future, and then they leave. There's no hanging around. There's no accessibility to going down and visiting and hanging out downstairs. So they come and they go. Car comes up, drops off, leaves. A lot of people in the neighborhood will walk their dogs there. So I believe that that impact will actually continue to be what it has been, which is negligible. The sound and odors are under control, and the safety measures will be improved from what it's been over the years. I would ask that you approve it, that you find that it is not detrimental, and that the benefits to the neighborhood is not negative, but instead it is a positive business for everyone. Any questions? My clients stand here ready to answer them. Thank you.

Thank you very much, Councillor. So just so I understand it, they purchased this business and the business was already operating as an unpermitted kennel. That's correct.

In fact, the prior owner had been commended by the city and was operating. So it was a known, it was kind of one of those things that slipped through everybody. And no blame at all among anybody. It was just something that happened and continued to exist for a while. You may all remember the story of the dog that was found chained to a fence in Trafton Park, Big Mama, who then was cared for and brought back to health. That was a dog that roomed in this location. So it was very clear that it was operating. It was operating as a daycare and advertising a daycare, but had overnight guests. And I think the business kind of naturally expanded and just never did the next step.

Okay. You had mentioned that the petitioners were going to invest in refurbishing the inside. That's correct. Is this going to be custom-built woodwork, or is this... Are there... kennels you can purchase that will be purchased and then put in the facility.

They're doing it according to the state code. These are materials. They will be kind of a semi-custom situation where the materials have to be approved, but how they design it and how they lay it out will be based upon their best uses.

But it's not going to be handcrafted wood.

Actually, my client can speak to that.

Name an address for the record, please.

Yes, my name is Tina Lagarde. My address is 17 Starboard Street in Malden. I'm one of the owners of the business. I intend to purchase galvanized steel kennels in various sizes with tile impervious flooring to accommodate our guests at our business. And that will happen... IF THIS PROCESS GOES FORWARD. SO THAT TOMORROW, I'LL BE ORDERING THAT TO BE DELIVERED. THEY'LL BE ASSEMBLED AND INSTALLED WITHIN THE NEXT TWO MONTHS. AND THEY'RE INDUSTRY STANDARD. THEY'RE UTILIZED IN DAY CARE AND BOARDING FACILITIES ACROSS OUR NATION. SO, YEAH.

OKAY. THANK YOU. Is there a typical time I would imagine people are dropping them off first thing in the morning and picking them up at the end of the day? Is that an accurate assumption to make or do you have people coming in during the course of the day to say, okay, I'd like to board my dog or do whatever for three hours or four hours.

So there's two different businesses, right? Two different business pieces. There's the daycare piece, which is exactly as you just described it. People come in the morning before work and drop off a dog and then pick it up at the end of the day. But there's also the kenneling, and that can happen as by appointment and reservation. which is when people are going on vacation. This is being the busiest time of year. It's been a definite hardship to my clients to be not operational right now because people are going away on vacation. So they'd like to get up and running as soon as possible so they can, as long as you find that this is an allowed use, they'd like to be moving as quickly as possible. As Tina said, her and Jenny are going to purchase things literally as soon as they know that they can.

I can expand a little bit on the boarding drop-off. Our boarders almost always are daycare clients as well. So a lot of times they'll get dropped off for daycare and then that's when they would board continuously. I'd also reiterate that we have staff on site 24-7. We promote that as part of our service. We don't leave the dogs alone and we also have 24-7 camera access.

About how many at any one time, just on average, at any one time, how many dogs would you have doing the daycare and how many would be doing the kennel? Sure.

Per state regulations, we cap our dogs at 10 per staff member. So our maximum right now is 20 dogs for daycare. We'd like to cap currently at 10 dogs per night for boarding. but our average is maybe three to four on a very busy week.

So three to four staying overnight?

Yes.

And no more than 20 during the day?

Yeah, in the facility, yeah.

And the hours of operation?

We're open from 6 a.m. to 6 p.m. for daycare. We do have some later pickups, but the latest we've ever been there is 7 p.m.

Thank you. In the event one of the customers ends up getting sick or hurt, do you have an agreement with a vet or one of the, like the Saugus Animal Hospital or something like that? Or how do you handle that? Or is someone on staff prepared to deal with that?

We have instituted a safety plan within our facility. There are multiple steps depending on what the incident is. We do utilize the emergency vet services and came... Chelsea, I believe. Cambridge or Chelsea? I'm sorry, I don't have it. Charlestown. Charlestown. One of those. We have it listed and posted on our bulletin board right in the facility at the desk. And we advise our clientele when they sign their documentation to bring their dog in that that's where their animal would be taken if it was injured or sick in our facility. With the new kennel system we are also instituting a quarantine kennel that in the effect that if an animal were sick during their stay with us they would be quarantined in that kennel and then a space would be allocated around that so no other animals are in danger of getting sick.

Thank you very much. Does anyone else have any questions? Eric Henry.

Thank you, Mr. Chair. Greetings. Just a quick question, if I could. Point of clarification. Were you doing the daycare and the kindling, and then it came to your knowledge that things were awry, and thus you put a cessation to the kindling, and now we're trying to proceed forward the correct way?

Yes, that's exactly what happened.

Okay. Okay. Have you ever had to use those emergency services?

No, not under our ownership. Didn't sound like it.

Didn't sound like it. Thank you.

Does anyone else have any questions for the petitioner? Okay, Michelle?

Yes, I had a question about the plan. So the plan you submitted is existing conditions. Yes. Is that going to be the same layout? No.

I intended to speak with the inspections department after tonight's meeting to really clarify what the needs are for permits and stuff. Currently, if you're looking at the plan system, what we call the front is the smaller enclosures near the stairwell. Our intention is to remove those completely from the facility. They're wood and wire pens, and we will be installing these standalone kennel systems that are galvanized. They're like what you see outside, kind of, you know? And then they have a tile flooring that will lay on top of the existing flooring so we're not damaging our landlord's flooring system. And the layout will be slightly different. There's about 36 floors. along the back wall that we will be putting six by six kennels in and we will be creating a four foot walkway between that and what would be the front portion of the kennels that would be for eight by eight kennels that would have doorways on both sides and partitions to be able to make them smaller if we have an individual overnight guest but also would include a four-foot walkway along the wall where the stairs are. So we're actually creating more egress within the system as we grow to be compliant.

Okay, I didn't get all of that, but how many kennels do you think you can, how many kennel enclosures?

Six, I would say about 10 and four of which that could then be partitioned in half.

Okay. So you don't have a floor plan, a proposed floor plan?

No, I can definitely provide that. Again, I was going to speak with Inspectional Services after tonight's meeting to talk about the plan and whether or not we even needed a building permit for the new system as they will be standalone equipment.

Okay. Okay. Yeah, that part I'm not sure about. I know that what's there now did require a building permit that wasn't obtained. So typically the board would approve a plan or a floor plan, but there isn't one right now. So I'm not sure if it doesn't sound like... Okay, so yeah.

Just to reiterate what was just said, because these are units and equipment, it becomes an issue, a little bit of a gray area because they are not permanently installed. So a floor plan of construction would be a blank space with these equipment pieces being put in.

Okay, but you expect about 10 enclosures? That's correct. That's what your estimate is, okay. And where did, you mentioned 20, up to 20, Well, no, first I thought you'd said 10 dogs daycare and 10 dogs overnight, but then I heard 20, but then I heard three to four.

So what's the maximum you think? 20 dogs in our facility currently is our maximum. As we add staff, we might request to do more, but we, again, go against state regulations, which is 10 dogs per person in the facility. Boarding, we considered 10 dogs a night would be the maximum we would do because we have one staff member on staff. But during daycare, we do specialized play groups. So we could have three to four dogs in one of the larger enclosures at one time and then we have a play area as well where you could have, we never really have more than five dogs together at once. So

But so that's where the 20 dogs is during the day? Yes. And is there any, I know I was at the site and there's really no way, there's no outdoor space at all.

No, we walk the dogs.

So you take the dogs out, you go out through the front door? Yes. And where do you go?

Hi, I'm Jenny Lagarde. I live at 17 Starbird Street. I also own and operate the facility. Oh, so we just go right up and down Maplewood street, just up to the end of the block and back.

Oh, so just, you just walk on the sidewalk. You don't go to a park. You don't take them to parks or anything like that. No, no. Okay. Thank you. And then my last question was just about the waste. I don't know if you had, what do you do with the pet waste and how is that handled?

Oh, pet waste. When we're outside, pick it up with a doggy bag. We do bring it into the facility and put it in another plastic bag. Right now, actually, we're using a diaper genie, puts it all in the plastic bag, and then we dispose of it.

I meant like during the day when the dogs are inside.

Like what's the procedure? So if they go to the bathroom inside the facility, we have several mop buckets. I just keep an eye on it, clean it up immediately.

And then do you have a service that picks it up or you just put it out with commercial trash?

With commercial trash. Okay.

And there's no dumpster on site that you use on the property or on an abutting property? No. So what do you put bags out or barrels or how do you?

In our barrels.

In our barrel, yeah, trash barrel. Okay. I'm sorry, is that picked up by the city, or who picks that up? Yes. Right?

Republic, right?

Yeah, or the garbage, the local trash. You have a contract. It's commercial trash, right? Commercial trash. Yeah. Okay. Okay, thank you.

Okay, any other questions? Eric Henry.

Mr.

Chair, I may be out of order.

I just want to remind our guests to sign and the board.

Anyone have anything else? Councilor, is there anything else you'd like to add to your presentation? No, Mr. Chair. Thank you. And at this point, we'll entertain anyone that would like to speak in favor of this petition. Anyone in favor? If you could make sure you give us your name and address for the record and sign the clipboard. You already signed the clipboard at the beginning.

Hi, my name is Felicia Ryan. I live at 194 Oliver Street. I am the Development Director at Urban Media Arts and the Vice President of the Malden Chamber of Commerce. I'm here today as a dog owner. So I had a 12 and a half year old greyhound. His name was Arnie. He was a client at Big Daddy Doggy Daycare. Any pet owner will tell you they are kind of like children. And obviously having had my guy for almost eight and a half years, knowing his quirks, knowing that he was afraid of big dogs but liked small dogs, you know, had his own peculiarities, needed a coat in wintertime. When Jenny and Tina opened their business, I said, you know, let's give it a try. He had some separation anxiety. I wanted to make sure he was well taken care of. They had a complete form for me to fill out. They made sure that he had medical, they had his medical information. They had my vet information. They knew that he had his rabies vaccine. They knew that he had special food or that he took a medication. They knew that he liked to be in a kennel usually by himself, although he would be happy to share a bed with a very small dog named Nora, who is also their dog. And that he got walks and I could watch him on the videotape. I could see that he was just chilling out and not anxious. pick him up at the end of the day, and he was happy to see me, and he slept well at night, so it was a really great opportunity for Arnie to be socialized, for me to know that my pet was taken care of, and for me to support a local small business that was reliable, that was safe, that was friendly, that had a lot of bells and whistles so that I knew that my pet was taken care of properly. Arnie unfortunately has passed away, nothing having to do with the daycare. It was his age. Um, but on his, the day previous, um, big daddy doggy daycare sponsored, um, an event at Maplewood fest and Arnie got to walk the red carpet and he thought that carpet was just for him. So thank you both. You gave him a really great almost last day. So I am, full in support of this business, um, both as a chamber member and as a former client, I know what care they take with their pets. Um, they treat them like their pets and I know that, um, yeah, I know that they'll just only grow their business. So do you have any questions for me?

No, I don't have any and I don't see any from the board.

Thank you.

Thank you very much.

Steven Winslow Ward 6 counselor 83 Jacob Street. So I am here to support support this application for a special permit I know this business has been in the Maplewood Square area for quite a while and then you know I would go in occasionally meet with the former owner and as well as Jen and Tina No problems from the neighborhood You know in terms of noises or anything disruptive. It's great. This is almost like can be an anchor thing no real issues on parking. I mean, they're right across from the Maplewood, you see Maplewood parking lot, which really is not that full. So, and, and the morning hours, Maplewood square there, you know, the site, the street parking is pretty easy. Um, so no conflicts there, um, no complaints about dog waste or anything like that. So it's, it's fitting into the neighborhood. Well, um, they came up from Maplewood fest, as Felicia mentioned. So it's, it's a good business. And, you know, we, we do have a lot of folks in the neighborhood who are, dog owners, it's nice to have that access. And I think the other perspective I have, and I put this in, I did give written comments as well, you know, I've known the owner of Malden Animal Hospital, which actually stopped using their kennel because of issues of dogs barking overnight, you know, next to residents. And also here, you know, because the one on Broadway has an outdoor area, sometimes there's barking there. Fortunately, the one on Broadway is relatively isolated for residents. So we are actually contemplating whether kennels should have to come for a special permit. And given the noise issues that have come up with some, I think it's something we're going to have to consider. But this one, it's actually talking to the former owner, Bill. I was like, gosh, this is a funny place to have a doggy daycare. But he mentioned it was much better because Because it's kind of a calm area without outdoor distractions, when he had a doggy daycare with a window, the dogs would start barking at people going by. So this is like a confined area that the staff can really work with the dogs and that type of thing. So really not a problem. Like I say, literally there's a big apartment building right next door. Never had any complaints from those residents. Never had any complaints from businesses. So I think it's a positive operation. And I can understand how sort of a doggy daycare might have drifted and inadvertently gotten boarded dogs overnight. And so it's great they're stepping up to get it permitted properly and want to make sure that their facilities are up to snuff. The other thing, there's something called Ollie's Law that's going to require some, we don't right now license kennels, so the new law that's in place, once the Department of Agriculture Resources comes out with some new regulations, we will maybe, we expect to begin licensing kennels as well. So there'll be another layer of activity there. So that's, I just wanted to talk in support of this, and that's That's what I want to say. So if you have any questions, I see Eric's light's on. I don't know if that's... Eric Henry.

Yes, there is. Thank you, Mr. Chair. Counselor, thank you for your presentation. You're speaking to this paper. I must say it's kind of highly unusual for this board to have, in my opinion, that for... someone to submit a written letter and then also come to speak to that thing. So I'm kind of confused as to which one is the official record, but I guess they will both count. Because you'd have to definitely expound it upon what you've wrote there. But also, I'm glad you did do this because you mentioned note two in our paper. It says that the city is in the process of enacting a kennel license ordinance in accordance with state law. Sounds like, can you expound upon that? What does that look like? Where are we now, and what does that look like?

So a couple years ago, there was a law called Ollie's Law passed at the state level. which mandated that the State Department of Agriculture Resources adopt kennel regulations. And then we're sort of waiting for those state regulations to come into place. So then we will then act an ordinance consistent with the state regulations. You know, and I did talk to our animal control officer, Kevin Hawkins. I mean, there are other cities around us that actually do regulate. So whether we would step ahead, I don't know. But, you know, we looked at that when the law was passed and we figured, okay, we'll wait a year to see what, you know, Department of Agricultural Resources has done. And they still haven't adopted their regulations. So it's sort of like, you know, do we wait, you know, do we write our ordinance and have to rewrite everything? when the state comes out. It's a little chicken and egg thing, but it's something on our books that we know we need to do. We're not obviously going to do anything before the summer. Maybe in the fall, if the state hasn't gone forward, we'll do it. I say Kevin Alkins, it's something he's aware of that we need to do. We had put it off because we expected the state regulations. They technically were supposed to be done by January, January 2026 and they haven't finished them. So we don't have an ETA when they're coming out. So it's sort of a, so we're, you know, there's kind of a, you know, we're waiting for the state regs and they, they didn't get done in time. So, so, but it is something we plan to do. I don't know. So that's what we're working on, but it'll be another tool that we can use. But I, you know, I can say that there haven't been any issues with this particular business operating the way it is. So, yeah.

I don't know how many kennels we have in Malden right now, but I'm just curious if this new law comes on the book, will that put other kennels outside of the law?

So, I mean, I understand. I think Kevin mentioned I think there's about seven. And I know there's talk of allowing them in central business as well. So he does have to provide a list to the state, so I think he's mentioned there's seven. So there are some, and so we have some, but right now...

It's about seven or so, but I'm actually kind of speaking to, which is kind of an issue in Malden, it would seem sometimes, the enforcement of the ordinances.

Yeah, so, I mean, that is something that, you know, obviously, as we talk and we're going through some updating of ordinances, it's something, now that we have the Unified Inspectional Services Department, it's something that we have to weigh. And, I mean, that will factor in, like, a licensing fee and that type of thing to make sure we have more resources and that type of thing. But it is the type of thing we have to think of as a city, especially under our budget situation. You know, it's coming up in terms of another ordinance we're looking at in terms of residential kitchens. So it is something we have to weigh as we allow more uses. Do we have the, especially ones that would take annual inspections, do we have the resources to do that? So it is something that we will be working out.

Yeah, I can understand that. Allowing more uses is going to probably have you to do more inspections, and we don't seem to be having a lot of inspections done now. So to that point, I'll yield.

Thank you, Eric. Um, I don't see any other questions for you council, but thank you for coming and staying. Um, is there anyone else that would like to speak in favor of this petition?

Hi, my name is Domenico RTC, but I live in Bradford, Massachusetts way up north and I come to this doggy daycare because When the former owner had it, he had an in-law apartment. When he first started, he had an in-law apartment in Revere. And I loved him so much, I just followed him when he came to Malden. And I was a nervous wreck when I found out he was selling the business. And I have to tell you, I couldn't be more happy with these two ladies, especially Jen. She's the one I see all the time. At 6 a.m., when I dropped my two French bulldogs off, it's clean, and I know my dogs are safe. And that's so important. They don't do anything to jeopardize the dogs, put them in situations where there could be conflict. And that's it. I would hate to see anything happen to the daycare because they're great and they're responsible. And that's it.

Okay, thank you. Yes, sign that if you would. Thank you very much. Is there anyone else that would like to speak in favor?

Hello, honorable members of the Planning Board. Ryan O'Malley, Ward 4, City Councilor. I am rising in favor of this petition. The fact that the Ward Councilor is in support, the fact that it is underground and would help mitigate any of the sound, I think encouraging new businesses in our community is essential. This is, I think, an area that is lacking in the services, so I think it would be great to have that. So just speaking in favor, thanks.

Thank you, Counselor. Anyone else who would like to speak in favor? Diane, do you have anything else to read in favor? Councilman Winslow had also submitted a report that we'll keep on the file. I don't think we need to read it. You seem to cover everything and then a little bit more. But we'll keep that in the file. Is that okay, Michelle?

Right, yeah. You can either testify in writing or in person.

Yeah. So if you could read the other one that I know we have. Let me put your microphone on. Thank you.

This is dated June 3rd, 2026, to whom it may concern. I am writing in support of Big Daddy Doggy Daycare and their application for a permit to operate in an overnight dog boarding facility at their current location. As a neighboring property owner and resident, I've had the opportunity to observe the operation of the business over an extended period. Based on my firsthand experience, I can confidently state that this facility has been a responsible and respectful neighbor. One of the primary concerns often associated with dog boarding facilities is noise. In my experience, the dogs have had little to no impact on the surrounding neighborhood in terms of noise. The facility is well managed, and barking or other disturbances have not been a significant issue. The operation has consistently maintained a quiet environment that is compatible with neighboring residential and commercial properties. I have also observed the staff's handling and supervision of the dogs when they are outside the building. The dogs are always closely monitored and controlled, demonstrating a strong commitment to safety and responsible animal care. Staff members appear attentive, professional, and proactive in ensuring the dogs remain well-behaved while outdoors. Additionally, the facility has constantly demonstrated good stewardship of the neighborhood by promptly cleaning up after the dogs during walks and outdoor activities. The attention to cleanliness helps maintain the appearance and sanitation of the area and reflects positively on the business. The daycare and boarding operation has maintained a positive relationship with neighboring property owners and residents. The owners and staff have been courteous, approachable, and responsive, contributing to a cooperative and respectful atmosphere within the neighborhood. Importantly, during the time I have owned and rented my property since 2009 and been familiar with the operation, I am not aware of any incidents, safety concerns, or issues involving the dogs that would negatively impact neighboring properties or the community. The facility has operated responsibly and has demonstrated a consistent commitment to maintaining high standards of care and professionalism. Based on my observations and experience, I fully support the approval of the permit for overnight dog boarding operations. I believe the business has proven itself to be a responsible operator and a valuable member of the community. Thank you for your consideration. Sincerely, Derek Whitman, 12 Maplewood Street, a budding property in Malden.

Thank you very much, Diane. Oh, do you have more?

I have more, yeah. This one's dated June 6, 2026, to the Malden Planning Board. I am writing in support of overnight boarding services at Big Daddy's Doggy Daycare at 10 Maplewood Street in Malden. Big Daddy's Doggy Daycare has established itself as a valuable resource for local pet owners by providing safe, reliable, and professional care for dogs in our community. Allowing overnight boarding services would expand the facility's ability to meet the needs of working families, individuals who travel, and pet owners who require temporary overnight care for their animals. The availability of overnight boarding at a trusted local facility offers significant benefits to both pet owners and their pets. Dogs are able to remain in a familiar environment with trained staff, reducing stress and anxiety that can occur when pets are boarded farther from home or in unfamiliar settings. In addition, local overnight boarding services provide convenience and peace of mind for residents who need dependable care during emergencies, family vacations, business travel, or other circumstances requiring extended absences. Big Daddy's Doggie Daycare has demonstrated a commitment to animal welfare, responsible operations, and customer service. Expanding its services to include overnight boarding would enhance the option available to Malden residents while supporting a local business that contributes positively to the community. For these reasons, I respectfully support the approval and continuation of overnight boarding services at Big Daddy's Doggie Daycare. Thank you for consideration. Sincerely, Dana Venable, 44 Cherry Street, Malden. There's an email dated June 8th, I'm sorry, June 7th, to the Malden Planning Board. My name is Mitchell O'Connor and I reside at 81 Kimball Street in Malden. I am writing in support of the special permit application for overnight boarding services at Big Daddy Doggy Daycare located at 10 Maplewood Street in Malden. I am a client of Big Daddy Doggy Daycare and have entrusted Tina and Jenny Ligardi with the care of my dog Tully since they took over the business. Throughout my experience with the business, I have found them to be professional, responsible, and generally committed to the health, safety, and well-being of the dogs and their care. As a pet owner, access to reliable overnight boarding services within the community is important to me. Having a trusted local option provides peace of mind when travel, family obligations, emergencies, or other circumstances require temporary care for my dog. Based on my experience with Tina and Jenny and the care they provide, I support their application for approval of overnight boarding services. I believe they are responsible business owners who will continue to operate in a manner that benefits both their clients and the community. Thank you for your consideration. Sincerely, Mitchell O'Connor. To the Malden Planning Board. My name is Sarah Chancellor, and I reside at 32 Cleveland Street, Medford, Mass. 02155. I am writing in support of the special permit application for overnight boarding services at Big Daddy Doggy Daycare located at 10 Maplewood Street in Malden. I have been a client of and entrusted both of my dogs to Big Daddy Doggy Daycare under the care of Tina and Jenny Lagarde for over a year. They have shown themselves to be professional business owners and most importantly to me, caring stewards of my dog's health and happiness. When my dogs attend Big Daddy Doggy Daycare, I fully trust that they will return safely and content at the end of the day. allowing me to focus without concern at my job. Having overnight boarding services at Big Daddy Doggy Daycare would allow for a local small business option for boarding, of which there are very few options in the area. Past experiences have proven to me that corporate-run boarding facilities do not possess the care and attention that Tina and Jenny demonstrate every day. As a dog owner, having a trusted option for overnight boarding that benefits the local economy and community is an incredibly valuable resource. I fully support their application for approval for overnight boarding services and know that Tina and Jenny would continue to act as responsible business owners and dedicated caretakers of our community dogs. Thank you for consideration. Sincerely, Sarah Chancellor, 32 Cleveland Street, Medford. Letter dated June 8th to the Malden Planning Board. My name is Alice Manafo, and I reside at 20 Green Halls Ave. in Everett. I am writing to express my strong support for the special permit application for overnight boarding services at Big Daddy Doggy Daycare located at 10 Maplewood Street. Although I am not a Malden resident, I have traveled into Malden specifically because Big Daddy Doggy Daycare is the only place I trust with my dog, Maggie. She is one year and nine months old, and her enthusiasm for daycare speaks volumes about the care Tina and Jenny LaGuardia provide. Each morning, as soon as I reach for her lease, she becomes excited because she knows where she's headed. By the time we turn onto Maplewood Street, she's whimpering with anticipation and happily runs inside when we arrive. In the evening, she comes home happy, well-exercised, and content from a full day of play. Throughout my time as a client, Tina and Jenny have consistently demonstrated professionalism, responsibility, and a genuine commitment to the health, safety, and well-being of the dogs in their care. With summer approaching, I've been planning several trips and fully intend to board Maggie with them. Having a reliable overnight option, staffed by people she already knows and loves, would give me a tremendous peace of mind for travel, family obligations, and unexpected situations. Tina and Jenny run an exceptional business that provides a highly valued SERVICE TO THE COMMUNITY. I FULLY SUPPORT THEIR APPLICATION FOR OVERNIGHT BOARDING AND HAVE COMPLETE CONFIDENCE IN THEIR ABILITY TO CONTINUE OPERATING AT THE HIGHEST STANDARDS. THANK YOU FOR YOUR TIME AND CONSIDERATION. SINCERELY, ALICE MONAVO. AN E-MAIL DATED JUNE 10th. HI, MICHELLE. NO, I'M SORRY. Dear members of the City of Malden Planning Board, I am writing to support a Big Daddy Doggy Daycare's overnight boarding application before the Planning Board. As a customer, I've had the opportunity to observe the professionalism and responsibility with both Tina and Jennifer LaGuardia operate their business. Their commitment to animal welfare customer service and being a positive member of the community has consistently been evident. Their business is a valuable service to many, not only residents of Malden, but to the surrounding communities. Many pet owners rely on safe, reliable options for the care and socialization of their dogs, and this business is helping meet that need while supporting the local economy. Based on my experience, Tina and Jennifer are thoughtful about the impact of their operations. I am confident they will operate responsibly in a manner that is consistent with all applicable regulations. The proposed use is an excellent and appropriate addition to the dog community. For these reasons, I respectfully encourage the planning board to approve their overnight boarding application. Thank you for your consideration. Sincerely, Emmanuel Marsh, 65 Wentworth Street, Malden, Mass. This is an email dated June 10th. Hi, Michelle. I am happy to write in support of the special permit for Big Daddy Doggy Day. I received no negative comments and have only heard positive feedback about the business. Ari Taylor, Ward 5 City Councilor. And that's it.

Thank you. Okay, hold on a second counts I'll put the microphone on

Hi, it's Karen Colon Hayes, 105 Wyoming Avenue. I didn't realize this was on the docket, but it doesn't sound like they need any more support, but I am going to just say I've been there. I've been downstairs. They do great work, and as a dog owner, we definitely need more businesses here in Malden that have overnight stays and kennels. There's just not enough of them, so I'm in full support. I think it would be a great addition to our city. Thank you.

Thank you. Anyone else who would like to speak in favor? Seeing hearing none, declare that part of the hearing closed. Is there anyone that would like to speak in opposition to this petition? Anyone in opposition? Diane, do you have anything to read in opposition? No. Thank you. If there's no one that would like to speak in opposition, declare that part of the hearing closed. Michelle, could you take us through your staff report, please?

Yes, so this is the planning report and recommendation dated June 10th, 2026. I will not read it verbatim into the record, but it's incorporated here and by reference to the record. The subject property is the site of a single story building. There are six separate storefronts and then the subject premises, which are located in the basement. The information I've given you here is not 100% correct, so I just want to correct that for the record. The storefront 6 Maplewood Street is currently vacant. Also, I've referenced that there's access to the back of the building. And I do not believe that is physically possible. I'm not sure if it previously was possible, but when I was at the site today, there is no, to my knowledge, and I could not see there was any access to the building. This building sits right up against the abutting property at 689-695 Salem. So again, we've heard the premises are located in the basement. There is an access egress corridor via the first floor with a door on Maplewood Street. You can see that in the pictures that I took today as part of the package. So we've heard about the petition. Specifically, it's approximately 2,585 square feet in the basement. That entire basement, though, is larger because it also includes a fire sprinkler room and utility storage room. There's also the 168 square feet on the first floor, which is where the street level door and access egress corridor and stairs to the basement are. As we've heard, this petitioner and the prior occupant both operated the kennel without the required occupancy permit or special permit. The existing kennel enclosures were installed without the required building permit. And as we've heard, the petitioner will be removing those pens and installing new enclosures with proper permits, whatever those may be. I will note for the record in 2024, the prior occupant and operator of the dog daycare did begin the permitting process for a special permit to add the kennel. That was back in July of 2024. The application was never completed and they requested the application be voided in September of 2025. This application for this petitioner began in December of 2025. The following plans were submitted. They're listed here for you. As I mentioned during the discussion, there is no proposed floor plan. What you have is an existing conditions floor plan. You also have the site plan that was on file with the city. In terms of zoning and occupancy, the property is located in the neighborhood business zoning district. The proposed kennel may be allowed by special permit in this district. The existing dog daycare is considered retail services. This use is allowed by right. In this district, other businesses, that currently are formally occupied the building, the retail services, retail sales, recreation for gainful business are allowed by right in this district. The director budget to the south is a multi-family residential dwelling with five units. To the east, a building containing retail sales and restaurants. On the other side of Maplewood Street, a retail sales services and offices. The other side of Salem Street, a convenience store, restaurant, and retail services. Surrounding land uses are businesses, institutional, and residential. As the ward councilor mentioned, the city is in the process of enacting a kennel licensing ordinance in accordance with state law. In terms of dimensional controls, the property is considered pre-existing non-conforming. It grossly violates all dimensional controls except frontage and height. The proposal maintains all violations, creates no new non-conformities. In terms of parking and loading requirements, a total of 24 on-site, off-street parking spaces are required for all uses that occupy the building. 14 for the uses that occupy the first floor, 10 for the basement use. There is no parking or loading, and loading is also required for the retail sales and services businesses. There's no parking or loading on site, and the property's 100% deficient of the requirements. It's considered pre-existing non-conforming, and the proposal maintains existing non-conformity. This proposal did not require traffic impact study per your rules and procedures. And then we will go through the findings required to grant a special permit. So these are the findings you would need to make to grant a special permit. One, that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood. Two, that the traffic and traffic patterns generated by the proposed use will not adversely impact any of the surrounding streets or create a traffic or safety hazard. Three, that the proposed use will not be more detrimental to the neighborhood. four, that the proposed use is not in conflict with surrounding land uses, and five, that the proposed use is in the interest of the common good. Do you want me to go forward with the recommendation?

Yes, please.

So this recommendation was made prior to the public hearing and is made provided that the board makes the required findings. The recommendation is that a special permit be granted subject to the following conditions. One, all development shall be as per plans except as modified by these conditions. And I'm not sure we would include that... since there are no plans, the only plans we have are the existing. Two, kennel enclosures are subject to required building permits. Minor modifications of floor plan are allowed, provided the required building permit is obtained. Again, the kennel enclosures may be subject to building permits. That's not clear. Based on the description they gave, it does sound like they're movable fixtures or equipment, so it may be. need to modify that. Three, the special permit allows kennel use only on the same premises and operated as accessory to the dog daycare use of approximately 2,585 square feet in the basement with access to Egress Corridor, 168 square feet on the first floor at the premises known as 10 Maplewood Street. And actually, that should have said dog-cat daycare. I know that they're not doing cat daycare right now, but I think we should include that. In case that changes for kennel use a lot Plans we don't have a proposed floor plan, but it at least shows the perimeter of the premises and That the entire basement is not being used I Don't know if you want them to submit should we require a floor plan? I mean, I guess you could it sounds like they're saying it's just going to be an open space because they're gonna be movable fixtures and Um, you normally do require it and, and that is my mistake because normally I would have requested a proposed floor plan and I think I, um, there was some back and forth with the plans. Um, and so I must've missed that. Um, it didn't realize this was not existing and proposed that, that this, this may change. So, um, you can, um, Request that.

And on the second one?

On the second one, kennels are subject to required building permits. That's fine because if they're not required, then they won't be subject to them. Minor modifications are allowed. That's fine. Two is fine. I was originally thinking I had written it differently in that they required building permits, but it doesn't say that. It says they're subject to required building permits. So that means if they're required, they're subject to them.

Okay, thank you.

Eric Henry. Yes, Michelle, do we have precedents with regards to the six or seven other ones in the city that have they submitted for plans or whatever?

Well, first off, I'll say I'm not aware that there are seven. When the kennel ordinance was put on the books, I believe it was back in 2018, There were only three known kennels, the one on Broadway, and then each of the animal hospitals was operating a kennel. So there were three, what we'd call pre-existing non-conforming. That was back in, I'm sorry, 2017, not 2018. The first one this board permitted was on Highland Ave, 297 Highland Ave, and that was in 2017. And then more recently, in 2026, you permitted a dog-cat daycare at 75 Pleasant. So those are the only five that I'm aware of. This would be six. I'm not sure of the seven. Broadway was one of the pre-existing non-conforming ones. So the three that were pre-existing non-conforming, you didn't require floor plans because they didn't come before you. For 297 Highland Ave, there was a floor plan, yes. Also for 75 Pleasant Street, there was the existing floor plan and then the proposed floor plan. As you recall, that one, they were reusing the existing space, but they showed you how it would be used for the boarding. So no, there's no precedent to not have a floor plan. So if you're suggesting that you want one, I would support that.

I'm not really making a suggestion. I'm just stating the fact that I'm I've never been comfortable with approving for things that did not have proper floor plans that I yield. You have a great proposal, though. This whole thing has been a horse before the cart sort of thing, and so I know it will work out for you, I believe.

Okay, does anyone else have any questions for Michelle? Does anyone want to make a motion? Eric Henry.

Yes, Mr. Chair, I think I'm going to make this right. I'd like to propose that we approve this proposal and add to the stipulation that they do add a completed floor plan. and submit that to the building inspector prior to occupancy.

Okay, very good. All the other conditions intact? Eric? Yes, sir. Thank you.

So that will be new number seven, submit floor plan to building inspector prior to occupancy. Is that?

Yeah, I think that's fine. Okay. I think that's what you said, right?

Can I ask about that?

Pat Hayes. Can I ask, Councillor, you're using the facility now, right? People show up every day now? Yes. So you already have your occupancy permit. So by asking for the permit before they have their occupancy, I mean, I don't know how that works.

There's going to be a shutdown period for the remodel. For the remodel, gotcha. There we go.

Thank you.

And I guess this, I would add, this would be prior to occupancy for the kennel.

Right.

Prior to occupancy for the kennel, we could say.

Okay.

Because they do have a floor plan right now. They're using this floor plan for the existing occupancy. This would be for the kennel occupancy.

I didn't want to shut them down. Right. I see what you're saying. That's all.

So I added that submit floor plan to building inspector prior to occupancy for kennel.

Okay.

So that's number seven.

Okay. Is that it, Pat? Yes, thank you. Is there a second for Eric Henry's motion? Pat Hayes.

I'll second.

Pat Hayes seconds it.

This is to approve the special permit with seven conditions.

Yes. Yes. Okay, go ahead.

Diane Chuha? Yes. Michelle Ferguson? Yes. Tawadich Gilbert-Selassie? Yes. Patrick Hayes? Yes. Eric Henry?

Yes.

Stephanie Stone?

Yes.

Rani Raj Verma?

Yes.

Chaka Oben?

Yes, the petition has been granted. Good luck with it. Okay. Michelle, uh, moving on to, is that 905 moving on to one Salem street. Can you give us an update on that?

Yes. One Salem street, 15 ferry street, which is a combined development site. Um, that is going to be coming before you for an advisory recommendation to the city council, who is a special permit granting authority for that project. The application is still considered incomplete. The new traffic impact study was received last week and it's under city peer review. So that will be, we will take that up at our next meeting, should be done by then. So again, this is before you, not for public hearing, but for an advisory recommendation to the city council, who will then hold a public hearing regarding the special permits needed for the project. So that is still, that's still, as it says, pending submission of a complete special permit application.

Okay. Very good. Thank you.

Not ready.

Okay. So the next item is 36 Charles.

Yes. 36 Charles street is also an advisory recommendation to the city council for a special permit petition that they are scheduled to hold a public hearing on later this month. And 36 Charles is, as you may recall, has come before you a couple times already. Actually, I believe three times for the initial special permit and for two subsequent amendments. So this is the fourth time you've reviewed this. This is a proposal for a marijuana establishment, specifically a marijuana retailer at 36 Charles Street. The current petition is seeking to transfer the rights authorized by the special permit to a different entity. So that will require an amendment of the most recent special permit given that the special permit as prior special permits included a condition that provides that the special permit is non-transferable and non-assignable. So I'm gonna read from the planning report recommendation dated June 10th, 2026. I will not read it verbatim into the record. It's incorporated here and by reference to the record. I've given you the procedural history. Again, this is before you to review and submit an advisory report and recommendation to the Special Permit Granting Authority, the City Council. As you can see, you've done that several times already. And you are tonight hopefully going to be doing that again. The petition is the same petitioner as for the special permit petitions approved in the prior cases, cases 202-22, 233-23, and 77-25. As I mentioned, there is a condition, Condition 8, in all those special permits granted that provide special permits non-transferable, non-assignable. The petition seeks to reissue the special permit to new entity and or transfer the rights authorized by that special permit to this new entity. Specifically, The amendment would be to amend the name of the petitioner to the new petitioner. According to petitioner, the new entity is a, quote, joint venture between the current petitioner and new financial backers in cannabis operational specialists. Submitted with the petition was a letter from petitioner's attorney explaining the details of what we just talked about. the reason for the request to amend the special permit. No changes to the approved plans are proposed. No new plans were submitted accordingly. The proposal does not affect the project's compliance with use regulations, does not change existing violations of dimensional controls, and does not change existing deficiencies of parking and loading requirements. So these findings that are listed here are the findings that the city council will use to grant the new special permit. and or amend the existing special permit. This recommendation that you're making is your advisory recommendation to the council. And the recommendation is that this board recommends to the city council approval of the petition to amend the special permit granted in 77-25 only provided subject to, and this actually should say, and to issue a new special permit only provided subject to the same following 20 conditions of the special permit granted in case 77-25, which was the most recent one. Do you want me to read them, or there's 20 conditions?

They're the same as... As we've done a couple other times.

Well, at least the most recent one, and they're the ones on record with case 77-25. It's up to you if you want to read them into the record. If not, this is incorporated by reference into the record.

My only question I had, because when I was preparing for the meeting, the only real change is condition number eight says that it's non-transferable. And they're shifting from the existing one to DMS Trinity LLC. They're bringing on a joint partner. Right. That's going to help with the operations and financial backer. Everything else seems to be intact.

Yeah, and I'm still recommending that you recommend that condition stay on the special permit so that if there's a future transfer assignment, they would need to come back.

Yeah, but I mean, I don't think you need to read the 20 conditions. Okay. But, councillor?

I wasn't planning on speaking on this, but hopefully that's okay. I want to say that I have a lot of concern about a transferring of the special permit based on a lot of the things that you just read and just a reminder of what, how long it's been, I think, and there's been a couple, like maybe four times they've come before with different changes, so I'm just expressing concern about yet another one. That's it, thank you.

Okay, thank you, Counselor. Okay, so maybe, do others have, share the same concern? Because I was looking at it as they were just updating the ownership. and they really weren't changing anything else about the operation. But if there's other concerns that I overlooked, if anyone else has anything they'd like to share, they can do so now. No one else has any other concerns? okay um it is a little bit concerning that it has taken so long but there were there were different uh circumstances associated with that they as i recall and just looking at under the procedural listing and all the dates and all the changes and then they had to revise the floor plan and then they had to go back to CLEC and they're waiting on the Cannabis Control Commission and things like that. I was hoping that this would finally get in some momentum and it would be opening soon. But Michelle, do you have any thoughts?

Well, I do think it's probably opening soon. They do have the provisional license from the state and the city has completed all Inspections and it's passed all final inspections by the city that was just done back in March of 2025 But yes, it has been the initial special permit was granted back in April 2022 and Then as I said, it was amended a couple times for different reasons One was an extension of the time one was revising the floor plans as you noted so this is and just to make sure I understand what the process is and

we can make a recommendation to the City Council and then the City Council can raise the concerns that Councillor Colin Hayes has. Right.

They can either follow your recommendation or not.

Or not, right, as they don't have to. So it's not like she's not going to get a chance to raise these concerns and some of what the issues are.

Right. This is just before you for an advisory recommendation. You're not holding the hearing or you're not making a final decision. We're not approving it or anything, right? Right. No, you're not approving it. You're making, you, the ordinance allows you to make an advisory recommendation and you've always made advisory recommendations to special permit granting authority when you, when you have that option. So that's what this is.

Well, given that, if anyone has any questions, Pat Hayes.

Yeah. My only question is why do we include the, blurb about you can't change ownership or you can't change the entity if we're, like, that's what he's doing, right? So why do we keep that blurb in there if we're just allowing them to change it? Is there a reason behind it?

Well, I think the reason in that condition was in a previous provision of the ordinance that it was going to be required in all special permits so that the city would be aware if it was being transferred or assigned, that the city would be aware of who the special permit was gonna be exercised by. So that was put in there, but like any other condition, you can amend it or make a case as to why it should not apply. So that's what's happening here. If it wasn't in there, the city would not be, I mean, I guess eventually they would be aware of who's exercising the rights under the special permit, My understanding is it was intended to give the city that layer of regulation so the city will know who's exercising the rights under the special permit.

And the only thing I can think of back, because I went through and there were a couple others that I questioned whether we, at this stage of the game, need to continue including. But with that number eight one, I was thinking the same thing, that is this redundant? Do we really need it? And the only thing I can think of is because of the host agreement and the interaction it plays with CLEC and their being stakeholders to it. That's the only reason why I got my head around the fact, well, it doesn't hurt anyone in it. I think CLEC needs to know, and I think if there's a revision needed for the host agreement, I can see someone sitting there saying, well, I'm not XYZ Company. I don't have to honor that host agreement. So that's how I get my head around it in preparing for tonight.

But is CLEC doing all the background checking?

I don't know that this needs to go before CLEC. I don't know.

Ever again?

Well, it's going to go for the local license. So CLEC is just doing the licensing. That's of the company that's running the business. typically your special permits run with the property. So you typically don't restrict it to a particular petitioner, although occasionally you have done that when you wanted to be sure who was the entity exercising the rights. It's this entity or a similar entity, right, or a subsidiary. You don't normally do that for your special permits. But for this, I think because of this being at the time when these regulations were put in, This was, you know, it actually is still a new type of business, so I think it was more precautionary. I don't know that CLEC would need to review. Actually, I think they would review if it's complete new ownership, but whereas this is part of it, you know, I don't know if the, CLEC I think looks at the ownership interest as opposed to the name. Right. But maybe they look at ownership.

I guess my question, you know, there's so much scrutiny at the onset of going through the entire process, and that level of scrutiny is not necessarily leveled on the new entity, right? So like, it just seems like somebody already went through it all and they jumped through all the hurdles and passed all the bars. And now it's just, they're handing it off to somebody else. But this new entity doesn't have to go through all that hassle and all that, all those checks and balances and all of that.

Yeah, that part, honestly, I'm not sure if Nelson Miller has left and he's on collect. So I was going to ask him for, but I don't know if you wanted to ask. I don't know if the counselor has something or the petitioner's counselor has something to add. I did speak with Nelson.

Yeah.

Do you want me to, I can text Nelson to see if he can respond.

Let's see if we can get to an answer here because I guess what I'm thinking is that As I read up on this stuff, whenever I see anything involving cannabis, I try to read the article or just to familiarize myself with it since I'm not really in that circle.

I think it should go, if I may, can I?

Yeah.

I don't want to interrupt, sorry. It's my opinion that it should go before the collect. I had another question, too, about ownership, right? So some of the owners, I don't know if their license was a... what is it, an equity license, do you know? Because if they're changing ownerships, you might know.

Were they a social equity? Yes, I think they were.

Okay, so my guess, that the new owner should be a social equity partner as well. We need to have a certain amount of licenses that are by social equity, and when the city gets more money, tax-wise, if they're a social equity company, they might be, I don't know. So I wanna be sure, like we have litigation all over the place, right, in cannabis. I want to make sure that everything is done by the book the way it should be. I'd like it to go before CLEC. I will have my say and do a lot of research. Like I said, this was kind of random that I saw it on here, and I did ask Nelson, and he didn't realize it was going to be on here. But those are my concerns because, yeah, those are my concerns. Thank you.

No, thank you, Counselor. And I like having that number eight continue to be in there because one of the biggest issues threats, I guess, to the industry that I've read about is these small mom and pop shops getting swallowed up by these more national and bigger groups. I think having number eight in there helps us keep in touch with that. Counselor, do you have anything to share?

Yes, I wasn't prepared to speak about it. I was here just to observe because I think it's a little bit improper to be taking testimony. This is not a public hearing. So I would caution that this is advisory in nature in terms of filling you in. And it is your prerogative, Mr. Chair, and the board's chair to accept whatever information you wish. But this is just to settle a couple of issues. First and foremost, the original petitioners are not going anywhere. They are part of it as it states in my letter attached. They have brought in financing partners to help them to keep this going. Yes, there was a lot of amendments, but remember, this was one of the very first petitions that the city of Malden got. and it faced some significant issues. Not the city's fault, not the client's fault. It was the challenge that exhibited by starting something brand new. And the litigation, as Councillor Colin Hayes brought up, was a direct result of the fact that everybody was still learning. The litigation had its own set of circumstances. Now that litigation has effectively vacated all ordinance controls outside of the ordinary special permit. As an ordinary special permit, there is a question as to whether or not legally you can have a non-transferability. To phrase it as a way of amending is fine in my opinion, but that would be something subject to a later discussion. To hold it back, I believe, would be problematic because as a vested interest, Alienable right you can't simply step in the way and stop somebody from being able to sell their business You're going to get purview because City Council is going to be able to ask me a lot of questions in a couple of weeks about this transfer as Far as answering a couple of the questions that have been raised about the delay One of the biggest delays that occurred not your fault not our fault was the community host agreement We tend to forget some of the stuff that happened at the state level in this whole situation. Not only was Malden trying to figure out its way through this, the state also had several changes that occurred over the last several years. I was involved very deeply in some of that stuff that happened. And there was a complete change in the tax and the give back monies that were happening with all of these facilities. There was a change in the community host agreement. We took months working with the city Maybe that's my fault because I tend to try to cooperate instead of fight every step of the way. But we took months trying to work with the city to come up with a new community host agreement. We had to stop and wait because there were two other facilities operating under old agreements, new people would have the new agreement that the state had approved, but we were in the middle where we had gotten an agreement and then hadn't been able to open yet. And because of that, because we had an old agreement with a new facility, we ended up with problems with our licensing. The state shut us down. The CCC said, we're not approving your conditional. because you have the wrong community host agreement. And then the city said, we're waiting for the appeal of that judge's order that threw out the old community host agreement. And we ended up caught in the middle of that fight at the state level. So we couldn't move forward. So that delayed us ridiculous amounts of time. My clients salted a lot of money into this. They went forward. They did have that error when it came to the square footage that you kindly worked with us on. But the reality is that the biggest delay was this change. And because the city couldn't sign off, because it would have other people opposed to it from the other facilities, and the state wouldn't allow us to get a license, we got frozen. And when we were frozen... we ended up in a problem. Now we have these new financing partners who are ready to come in and get this thing open. We have our provisional, we're ready to move forward. So I would appreciate your action and I thank you for the time. Thank you.

Okay, Stephanie Stone.

Yeah, I just wanted to say that Chair, Mr. Chair, I support your contention that keeping eight as is makes sense and then that term applies to Beach House cannabis as the permit holder if the city council allows Beach House cannabis to be the permit holder.

Okay, thank you. Appreciate that. Does anyone else have any questions? If not, is there a motion? With.

So what you're considering is you want to make an advisory recommendation to the city council. And if you do, do you want it to be the recommendation that is being recommended to you by me?

Okay. So Diane Chua.

I'd like to make a recommendation that we accept the application. I'm sorry, I just lost it. With the conditions that you've mentioned.

So that you make that recommendation to the council.

Yeah, I do make a recommendation to the city council.

Okay. Is there a second for it? Basically, Diane has taken the recommendation of staff. that the Planning Board will make a recommendation to the City Council to approve it, approve the transition and issue a new permit with the 20 conditions cited. Is there a second for that? Tawadich, Gabry-Salasi. I second. Thank you, Tawadich. Give me a second. Let me get the... See if this is working any better. Okay.

Diane Chua. Yes. Michelle Ferguson. Yes. Tawadich Gebrselassie. Yes. Patrick Hayes.

Yes.

Eric Henry.

Yes.

Stephanie Stone.

Yes. Ronnie Raj Verma.

Yes.

Chuck Iovine.

Yes. So the planning board will make a recommendation to the city council, an advisory recommendation to approve this switch. And I look forward to watching that council meeting. Okay, thank you very much, Councillor. You were in there for the long haul tonight. Have a good evening. Councillor Colin Hayes, thank you for coming.

Thank you. The hearing will be June 23rd. I don't think that's in here, but the hearing is scheduled for June 23rd.

Okay, good, so it's coming up.

So I will put this in writing and send that to the council.

Yes, and... Look forward to finally wrapping up Salem Street once the peer reviewer has the opportunity to review all that new data we got just last week. Okay, 9.30. Okay, so moving on for updates. Community Preservation Committee. I don't know if you've been going, Ron. I know that you were looking to step down. We're trying to find a replacement. I've had someone who has expressed interest in it, and I'm waiting to hear back from them to make sure they have the time to give to it. I'm assuming you have not been going to it?

Yeah, I have been absent. But excellent committee to be a part of. The only reason I'm stepping away is just we had a newborn. Time-wise, it's just impossible to attend all these different committees. But excellent committee, really well-staffed, good work that they do. Not just trying to upsell that committee. It's things that I can't participate in that committee. You could participate through Zoom or Teams now. So you don't have to physically come down here for those meetings. So it's an excellent committee to be a part of. They do a lot of great work in the community. So great opportunity for somebody who's looking to get a little bit more involved inside of Malden.

Okay, thank you, Ron. Michelle, would you like to give us an update on master planning activities?

Yeah, so master plan activities master planning activities. The steering committee has been meeting. Resident committee members have been selected. So now the committee is 11 members. The first meeting of the full committee is going to be later this month. And I think I told you before, the consultant is Board working with the city. There's going to be some you may see if you attend any of the 4th of July events, they'll be like an informational some informational an Informational table set up to get people's emails for future contact. It'll give some basic information about the plan It's not a community engagement activity or survey or anything like that. It's just to really introduce the plan but the We wanted to try to do that at the first big event that, you know, a lot of people go to the 4th of July events that don't participate in other events, so we didn't want to miss that opportunity. It's just really, I think, going to be like an introduction to the plan. And then internally, city staff, we've been working on getting the information the developer needs. Data, all the data collection and... Okay, thank you. Probably next meeting, we do need to, this board needs to look at the steering committee charter and make some amendments to that now that we have the contract for the project and We know the scope, so I'm gonna try to do that for the next meeting.

Well, it'll probably be for August if we meet in August, because next meeting's gonna be a pretty full agenda with the joint hearing.

Yeah, it might be, yeah. So either July or August, we're gonna do it, right?

Okay, thank you. The open space and recreation plan. Yeah, the last- Does that still need to be on there?

Well, I had asked and I didn't ask this month last month I had asked OSP CD for an update and they said it was so I thought they said it was still under review by the state, so I'll Hopefully get a fine.

So it still needs to be on there.

Yeah, okay I didn't I forgot to request the update for this month, but I haven't heard you that it's been approved by the state Very good

Looking at the next meeting, I believe we're not meeting July 8th. We'll be meeting on the 22nd.

Everybody, thank you for responding. Everybody who didn't respond. Eric Henry, sorry to point you out, but sorry, Henry. Now, a couple other people haven't responded either, but you're here. You're the one that's here. You're the one that's here. So I can call you out here. Okay. July 22nd, a special date we've been asked to hold the meeting on. So... Okay. He's responding. Okay, good. July 22nd. We're not doing July 8th. No meeting on July 8th. It's July 22nd instead.

Okay.

And that will be for, as Chuck said, a joint public hearing with City Council Ordinance Committee. I'll get you the amendments as soon as I have them. They're not the information we've handed out before. Those are other zoning amendments, proposals that will be coming in the future.

Okay, thank you.

22. Yes. 7 p.m., please.

Okay, so two announcements, a reminder that Linda will be leaving us at the end of the month. She's caught up in the whole the layoffs I think Michelle has a card for people to a Card for people to sign so make sure you sign it before you leave this evening we're gonna get her some flowers and You know go from there so make sure you sign the card and the second thing is Sadly, Stephanie Stone will be moving out of the city. This will be her last meeting. She's moving out of the city soon. And I'd like to thank you for all your participation and work and contributions over the past few years. And thank you very much. And I wish you well in wherever you end up landing. And whatever you end up doing, if we can ever do anything to help you out, references or anything like that, feel free to reach out. And congratulations. Thank you very much for all your hard work. If there's nothing else, is there a motion to adjourn, Diane? Oh, Eric's got it.

Eric's motion to adjourn, or you wanted Eric to have a question? I'm sorry. I'm making up for lost time. I just wanted to make a point of privilege, if I could. Early tonight, I mentioned that the council submitted a paper. He submitted a thing, and we allowed him to speak. And I mentioned that that was abnormal for us. And lo and behold, the person that that happened to actually walked in the door. His name is David, it's very, I got it, David Senatelica. We essentially shut him down for the same thing. I just wanted to offer my personal apology for that, and I know that David is an outstanding citizen of Malden, and we're about to lose him to active duty military service again. So I thank you, David, for allowing us to set the record straight, and thank you for your service.

Okay, okay, no, I, okay, motion to adjourn. Diane Chuhar, is there a second? Tawadage, Gabor Selassie. All those in favor, say aye. Aye. Motion carries. Have a good evening. Enjoy the Fourth of July.

Okay, nobody leave. Wait. Sign the card, please. I already forgot to. Oh, I have a pen.