By Lorna Garey
The fate of an affordable housing proposal that enjoys popular support is now uncertain following a procedural error during the Sept. 9, 2026 meeting of the Malden Planning Board.
The project, slated for 245 Bryant St. under the auspices of ACDC 245 Bryant LLC, an affiliate of the Asian Community Development Corporation, proposed to create 36 rental units that would be affordable in perpetuity.
Although board members voted 6-0 with one abstention to grant a special permit after a reconsideration motion, that vote was invalid because, under Section C.1.a of the Rules and Procedures of the Malden Planning Board, reconsideration is prohibited:
“Reconsideration shall not be permitted on any issue at any time, except for reconsideration of repetitive petitions, which shall be permitted only in accordance with Section 16 of Chapter 40A of the Massachusetts General Laws and Chapter 12, Section 800.4.10 of the City of Malden Revised Ordinances of 1991, as amended.”
As a result, the initial vote, which failed to secure the necessary supermajority, stands as the binding decision, leaving the development trapped in regulatory uncertainty.
The project required action by the Planning Board because ACDC must amend its previous 35-unit special permit, approved in 2025, to reflect a new funding reality. The requested changes included adding one residential unit and converting the entire development from home ownership units to rental housing. Explaining that shift to the board, Muge Undemir, director of real estate for ACDC, cited severe limitations in available state subsidies.
“We are coming back to seek an amendment to our special permit, specifically to add an additional unit, and also to switch from home ownership to rental,” said Undemir. “Mainly, that switch is dictated by the funding environment that we’re working in right now. We are unable to access home ownership, affordable home ownership, funds through the Commonwealth Builders Program, which is the sole funding program of affordable home ownership in the state of Massachusetts.”
While the rental-oriented project drew strong support from Mayor Gary Christenson, Ward 7 City Councilor Chris Simonelli, local housing advocates, and a number of Malden residents, many from the city’s Asian American community, the transition away from home ownership sparked pushback. Ward 7 resident Marcia Manong voiced frustration during public comments.
“The transition from home ownership to rentals removes the ability for low and moderate income families to build equity and generational wealth through home ownership, and I think that’s an important aspect,” said Manong. “I think ACDC should work a bit harder and find the funding necessary to do what they promised.”
Board member Diane Chuha echoed these concerns during deliberations.
“I’m actually kind of disappointed too that it went from home ownership to rental,” Chuha said. “I don’t want Malden to become a transient where now we just have rentals and no home ownership.”
According to recent demographic data, approximately 58.7% of the city’s housing units are renter-occupied, while 41.3% are owner-occupied.
Resident Diana Jeong called out ACDC’s strong track record.
“One issue that is driving [the housing] crisis is underfunding, underbuilding of housing stock,” said Jeong. “ACDC’s proposal is a solution for that. They have a proven track record of quality, affordable housing in the cities of Boston and Quincy. They’ve created over 400 units of housing, and as you know, they’re currently working on 213 Main St. And while the original proposal was for home ownership, that funding is no longer available, and they have pivoted to rental units. And there is still a severe need for rental units.”
Alex Pratt, Malden’s director of strategic planning and community development, also acknowledged the frustration but reiterated a difficult funding reality.
“Home ownership is a huge part of our affordable housing need, and we are 100% behind that goal,” said Pratt. “We have been really putting unprecedented levels of pressure on our state partners to try to find funding for our affordable home ownership projects.”
He said the city has had meetings with the lieutenant governor and other high-ranking state officials to press them on the need.
“I believe the prior iteration with the home ownership at Bryant St. was looking at $250,000 per unit of state subsidy that was needed,” said Pratt. “When the state said no, we can’t do that, we asked again. They said no. It’s not going to happen. We needed to pivot.”
When the board took its initial roll call vote on member Ken Antonucci’s motion to grant the special permit subject to 11 conditions, Chuha cast a “no” vote. Member Eric Henry, who has sat on the board since 2014, opted to abstain.
City Planner Michelle Romero reminded the board that recusal represents total non-participation due to a conflict of interest, whereas an abstention is “just not voting” and does not require a stated reason. An abstention does not lower the number of affirmative votes needed to grant a special permit, however.
The initial roll call tally was:
Yes: Ken Antonucci (appointed 2011), Michelle Ferguson (2025), Patrick Hayes (2012), Maria Schroeder (2025), Chair Chuck Ioven (1985)
No: Diane Chuha (1999)
Abstain: Eric Henry (2014)
Under Massachusetts General Laws (M.G.L. c. 40A) and local zoning bylaws, special permit approvals require a two-thirds supermajority — six affirmative votes on a seven-member board. Facing a 5–1–1 tally, Ioven officially announced the legal outcome: “It didn’t pass.”
Immediately after declaring that the motion had failed, Ioven, who has sat on the Planning Board for 41 years, solicited a do-over.
“Well, the first thing I just ask, is there anyone that would like to move reconsideration?” he said.
Chuha made that motion, Hayes seconded, and the board then voted 7 – 0 to reopen the petition. Upon taking a second roll call vote on the original motion, Chuha changed her vote to “yes” while Henry maintained his abstention.
“So that had six affirmative votes” said Ioven. “The petition has passed with 11 conditions.”
While ACDC and audience members left believing the special permit had been granted, the Planning Board’s governing regulations explicitly prohibit the maneuver executed in the chamber because the board lacked the legal authority to entertain Chuha’s motion to conduct a second roll call vote during the same hearing. Consequently, the second vote is legally invalid, so the initial denial stands.
This leaves ACDC in a precarious position. The developer faces an upcoming state funding pre-application deadline later this month, which requires formal, unappealable Planning Board approval to demonstrate competitiveness for state housing funds. Now, ACDC must decide whether to appeal the outcome in court, restart the lengthy application process or seek relief from the City Solicitor. If ACDC misses the upcoming winter funding round, the project could be delayed until a potential summer mini-round or pushed back an entire year to the winter 2027 cycle, delaying potential construction until late 2028 or beyond.
Neighborhood View reached out to Romero and Ioven asking whether there was a legal rationale to allow for a reconsideration vote, and if not, when was the error discovered. We also asked whether the nature of the approval leaves the city or ACDC open to any actions by those who may oppose this project and what the expected path forward is for ACDC. We did not receive a response by deadline.
Malden’s Planning Board is an appointed body consisting of nine regular members and two associate members who are appointed by the Mayor and confirmed by the City Council. Three seats are scheduled to become open on March 1, 2027, held currently by Resa Gray, Henry and Ferguson.
In other business…
AGM Auto Sales seeks expansion
AGM Auto Sales, Inc. received a special permit to relocate and expand its primary commercial operations to 150–160 Charles St.
The pre-owned automotive dealer, represented by Attorney Barry R. Crimmins, will renovate an existing 10,079-square-foot commercial building, formerly used as a gym, by adding 645 square feet of floor area. The project proposes 65 outdoor parking spaces, eight indoor display spaces, sales offices and an attached accessory motor vehicle repair shop.
Crimmins emphasized that the repair facility will be strictly for vehicles for sale, with no services for the general public, as required by zoning, per Romero.
Member Maria Schroeder raised safety and design concerns regarding front parking spaces that back directly toward the sidewalk, suggesting they be eliminated or converted into landscaped buffer zones with greenery to enhance pedestrian safety and site aesthetics.
AGM expects to have the Charles St. facility fully operational within six months of permit issuance while retaining its existing location at 160 Eastern Ave. for the time being.
1 Salem St. traffic and facade review
The board received a status update regarding a major downtown proposal at 1 Salem St. and 15 Ferry St. The project entails constructing a seven-story multifamily building featuring 73 compact studio and one-bedroom condominium units intended to appeal to first-time buyers and empty nesters. About 15% to 20% of the units will be designated as affordable, and there will be 52 parking spaces, most of them underground, plus bike storage. The building would be valued at $28 million and also include about 3,000 square feet of ground-floor commercial space on what’s currently a hole in the ground across from Malden High School.
Given the historic nature of 1 Salem and 15 Ferry, the developers agreed to replicate the façade of the old structures in the new development, using materials and detailing consistent with the area’s historic character, including brick veneer, stone lintels, large windows and decorative trim. Romero reported that the project’s formal traffic impact peer review study remains underway. Additionally, Schroeder presented architectural recommendations regarding the building’s facade, highlighting areas where the proposed modern upper stories meet the replicated historic three-story base.
The board agreed to forward Schroeder’s recommendations to the Malden Historical Commission for consideration during their upcoming design review.
Master Plan event set for November; open space plan approved
Romero also delivered updates on municipal planning initiatives:
Comprehensive Master Plan: The Master Plan Steering Committee is currently analyzing existing citywide conditions and preparing for Malden’s first major citywide public planning event, targeted for early November.
Open Space & Recreation Plan: The state officially approved Malden’s updated Open Space and Recreation Plan following the incorporation of local board and public feedback.
Finally, in opening the meeting, Ioven issued an official statement regarding an extortion scam targeting municipal applicants. He clarified that neither he nor any member of the Planning Board will ever contact petitioners requesting money or wire transfers and advised applicants to report any suspicious solicitations immediately to the Inspectional Services Department at City Hall.
This is a recap of the Sept. 9, 2026 Planning Board meeting. The full meeting is on YouTube. Petitions and plans are available for public review on the City website. The Planning Board is scheduled to meet next on Oct. 14.
Correction: We initially quoted resident Marcia Manong stating that the ACDC project underway at 213 Main St. was a home ownership development. That statement was corrected in the meeting. It is a rental project, and has been from the outset.
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