Staff from the Office of Strategic Planning and Community Development presented the council with proposed zoning amendments to implement the state's new accessory dwelling unit (ADU) requirements, and the City Council voted to refer the mayor's proposed zoning changes and an appended alternative to a joint ordinance and planning board hearing.

Michelle Romero, city planner, summarized key dates and provisions: the Affordable Homes Act was signed Aug. 6, 2024; draft state guidelines were released Dec. 6, 2024; and the ADU regulatory provisions take effect Feb. 2, 2025. Romero and staff described the ADU in state law as a single additional dwelling unit allowed by right in zoning districts where single-family dwellings are permitted. The proposed local amendments (Paper 13-25) define ADUs, allow reasonable regulations such as dimensional controls and site plan review, prohibit owner-occupancy requirements, and reflect a maximum ADU size of the smaller of 900 square feet or half the principal dwelling.

Staff told the council that under current draft guidance ADUs located within a half-mile of a subway or bus station or bus route cannot be subject to a mandatory parking requirement — a provision that, as drafted, would apply to most of Malden. Romero also said the ADU designation does not require local affordability, but ADUs must meet building, fire, and sanitary codes and may be subject to short-term rental restrictions consistent with local ordinance.

Councilors debated implementation, including concerns about absentee landlords, parking impacts, code compliance, and city staffing to conduct plan review and inspections. Several councilors said they want to pursue landlord registration and parallel enforcement measures. Councilor Linehan explained the compressed timeline and recommended advertising the full range of proposed alternatives now so the public can review them before a joint hearing; she said nothing on the books will stop ADUs from being allowed by right on Feb. 2 unless the city enacts compliant rules.

Councilor Winslow proposed an alternative “Plan B” (more permissive dimensional options and other language) to be appended to the mayor's submission for public notice and discussion in the ordinance committee. The council voted to amend Paper 13-25 to append the alternative and then voted to refer the amended paper to a joint ordinance and planning board hearing. The referral passed by roll call, 9–2. Those recorded voting no on referral were Councilor Condon and Council President Ryan O'Malley; councilors recorded voting yes included Colon Hayes, Crow, Linehan, McDonald, Cica, Simonelli, Spadafore, Taylor, and Winslow.

Public comment at the meeting included a resident who said she intends to add an internal ADU and supports the city moving forward with the law; the council also read an email urging the council to "keep in mind the spirit of the Affordable Homes Act" and to avoid unnecessary complications in implementation.

Councilors asked staff to supply GIS parcel estimates and other data for the ordinance committee and to prepare a public notice that includes both the mayor's proposal and the appended alternative so the public can comment during the advertised hearing cycle. Staff said they will calculate rough estimates of how many ADUs could be permitted and expect that figure to be on the order of thousands of potential ADUs citywide if the zoning is broadly permissive, but said a precise number would be provided at the public hearing using GIS analysis.

The council did not adopt final zoning language tonight. The referral starts the formal process for public hearings and committee review before any ordinance vote.