Malden council refers MBTA Communities zoning amendments after planner explains state comments

The Malden City Council on April 15 voted unanimously to refer proposed amendments to the city’s MBTA Communities zoning (Paper 171-25) to a joint ordinance and planning board public hearing after city planning staff explained state review comments and recommended edits.

City Planner Michelle Romero told the council the city submitted its district compliance application by the December 31, 2023 deadline and later received a determination from the Executive Office of Housing and Livable Communities that granted conditional compliance but required two specific changes. Romero said one required change was the removal of a numeric "development cap" from the medium-density multifamily overlay subdistrict (MCMOD–MD1); the second required removal of an effective-date clause that tied local enactment to final state approval. Romero said the administration adjusted district boundaries — removing 474 Broadway (the former Star Market, now Strata Apartments) and expanding acreage at the Overlook Ridge site — so the city would retain the same total unit capacity required by state law while deleting the numeric cap.

The planner noted the city’s overall unit capacity requirement under the state program remains 6,930 units and that the MD1 subdistrict had been assigned 1,582 units under the prior ordinance; she said the map and accompanying technical model were updated and resubmitted to the state for pre-review prior to the council vote.

Councilors pressed for clarification on practical effects of the map changes and whether the zoning changes would alter already permitted development at Overlook Ridge. Romero said the developer for the Overlook Ridge parcels holds site plan approval and special permits for upcoming buildings but has not yet filed for building permits; she said the MBTA overlay provisions primarily change what would be allowed by right under the new zoning, not the underlying dimensional limits the council previously approved. Romero also told the council the state required at least 50% of capacity within a half-mile radius of MBTA stations and that swapping parcels affects acreage and related calculations.

Councilor Winslow and other members praised the planner and administration for the lengthy technical work. Councilor Simone said she would move to refer the paper to a joint hearing so the public could comment; the motion was seconded, and the council voted unanimously to refer Paper 171-25 to a joint ordinance and planning board hearing.

The referral does not change city policy; it schedules a public hearing and additional committee review before the council would take final action.

The council asked that future hearings include analysis of impacts on the mandatory mixed-use (commercial) portions of MBTA districts and requested the administration provide more detail on any effects to commercial space requirements during the public hearing phase.