Malden planning board denies request to expand used‑car dealer at 160 Eastern Ave

The Malden Planning Board on Jan. 14 denied a petition to amend a special permit that would have allowed AGM Auto Sales to expand its used‑car operations at 160 Eastern Ave.

Attorney Patrick McDonald, representing the property owner 6 16 Broadway Nominee Trust, asked the board to permit the dealer to increase outdoor display from roughly 27 spaces to 50 and to expand its indoor footprint to about 4,800 square feet, including a six‑vehicle showroom and mezzanine offices. "AGM is a growing and expanding business," McDonald said, arguing the change would give the dealer legal space to avoid recurring noncompliance.

Planning staff initially included a favorable recommendation in its packet, but after receiving a compliance report from Inspectional Services early Jan. 14 the staff withdrew that recommendation. "Upon my receipt of the compliance report this morning . . . I no longer stand by the recommendation in this report," the staff member told the board and recommended that the petition be denied.

The compliance report, read into the record, was authored by Building Commissioner Nelson L. Miller and compiled ISD visits that found multiple instances of the property exceeding its licensed and plot‑plan limits, employees parking on nearby side streets, and cars staged at additional nearby locations. The report recorded multiple inspection dates and counts above the licensed number; staff pointed to repeated citations and license violations as a central reason to oppose expanding the permitted vehicle count.

Fernando Linz, AGM’s general manager, told the board that delivery surges and repossessions — events he said are sometimes outside the dealer’s control — drive temporary inventory increases. "We don't intend to, like, keep giving this kind of headache to the city. We have no issue, being compliant," Linz said, explaining that the dealer uses off‑site storage in Ipswich and Tewksbury when needed and that a larger on‑site allotment would improve logistics.

Councilor Crow, speaking in opposition, warned the expansion would worsen parking congestion and described trucks backing up onto the sidewalk on adjacent Phillips Street. Planning staff also flagged that two of the spaces proposed to be counted toward the total are partially in a private right‑of‑way, which may disqualify them as on‑site spaces.

Board members discussed enforcement options if the petition were denied. Building Commissioner Miller explained ISD can issue ordinance tickets for licensing violations, pursue zoning enforcement for special‑permit breaches and, in extreme cases, seek occupancy revocation or shut‑down orders.

Eric Henry moved to deny the amendment; Michelle Ferguson seconded. The board recorded a roll‑call voice vote in which the chair and all members present voted to deny the petition. The motion carried and the petition was denied.

The board’s decision leaves the existing special permit in place; staff told the board that if violations continue the licensing committee and ISD compliance staff will continue to monitor, issue fines or pursue licensing or zoning enforcement at subsequent license renewals or through zoning enforcement channels.