Malden City Council enrolls ADU zoning ordinance after heated debate, 8-1

The Malden City Council on Tuesday enrolled an ordinance amending Title 12 of the city zoning code to establish rules for accessory dwelling units, voting 8-1 to adopt the measure as amended.

The ordinance, filed as Paper 13‑25, sets a limit of one ADU per lot, requires site plan review for all ADUs, allows the building commissioner to determine whether a dwelling qualifies as an ADU, and adds several procedural clarifications including a 14‑day timing standard for site plan decisions and no separate fee for the site plan review as part of a building permit application.

Councilors debated multiple amendments and policy tradeoffs for nearly three hours. Supporters said the ordinance puts local guardrails in place so Malden is not forced to default to broader state rules; opponents said the council was giving away too much local control, especially over dimensional limits, parking and green space.

“Let’s make this clear to the to the residents. There’s no affordability component. None,” Councilor Spadafore said in opposition, arguing the ordinance lacked dimensional controls and would permit increased density without protections for open space. Councilor Spadafore said he “will not be supporting this.”

Other councilors framed the measure as the lesser of two outcomes: adopt a locally tailored ordinance now or risk having the state’s permissive rules take effect. “If we don’t adopt any other guidelines, we default to what the state says,” Councilor McDonald said, urging passage so the city retains some control through site plan review. Councilor Linehan and Councilor Winslow emphasized the procedural limits of the measure and said additional local work on parking, enforcement and affordable-housing tools should follow.

Key provisions adopted as part of the enrolled ordinance include: - One ADU allowed per lot; the earlier draft’s route to allow more than one via special permit was removed. - Mandatory site plan review for all ADUs (attached or detached) with the term "reasonable" added to describe terms and conditions the city may impose on appearance and dimensional standards. - The building commissioner, acting as zoning enforcement officer, will determine whether a unit qualifies as an ADU. - The site plan review committee composition was amended to replace a city councilor seat with the building commissioner or designee and to specify director-level representation from public health and OSPCD (or their designees); an associate member appointed by the zoning board of appeals was added for replacements. - The committee inserted language that a site plan decision will be completed within 14 days of the conclusion of the site plan review meeting and clarified that site plan review is part of the building permit process with no separate fee. - The council also voted to reinstate a provision that requires a variance if establishing an ADU creates a dimensional or parking violation for the principal dwelling; that reinsertion passed 5-4 during the session.

On the final motion to enroll the ordinance as amended — moved by Councilor Winslow and seconded by Councilor Linehan — the roll call vote was: Councilor Colon Hayes Yes; Councilor Crow Yes; Councilor Linehan Yes; Councilor McDonald Yes; Councilor Cica Yes; Councilor Spadafore No; Councilor Taylor Yes; Councilor Winslow Yes; Council President O’Malley Yes (8‑1). The council president said the ordinance has been enrolled; the council scheduled a separate meeting for ordaining the zoning tomorrow, January 26, at 7 p.m.

The planning board had reviewed the draft and sent 11 recommendations to the council; the rules and ordinance committee met multiple times and adopted many of those recommendations while adding the changes described above. Staff and councilors said state regulation updates that arrived during the drafting period materially changed what the city could regulate in the ADU ordinance.

The council explicitly separated discussion items from formal actions during the meeting: numerous councilors urged follow-up work on enforcement of rental standards and on parking and neighborhood impacts, but they did not attach those items to the enrolled ordinance beyond stating them as next steps.

The ordinance text as read at the meeting amended Title 12 (Zoning) by adding new subsections and edits (e.g., 12.03.016.010; 12.28.010k; 32.030d; 32.030e) and refers applicants to Title 4 for submission requirements. The council’s rules and ordinance committee noted that state rules limit certain local controls, including lot‑size considerations, which affected the final language the council adopted.

The council’s next step is to meet tomorrow to ordain the enrolled ordinance; if ordained, the vote will be recorded at that meeting. Several councilors said they planned follow-up work on enforcement, parking, and outreach to help residents navigate the new rules.

The ordinance and the committee report were entered into the public record at the meeting and will be distributed to the public ahead of tomorrow’s ordination vote.