Maldden alld a Vol. 32, No. 50 den -FREEYour Local News & Sports Online. Subscribe Here! AADD Advocate Staff Report A Middlesex Superior Court judge recently set the clock for a legal battle, now over two years old, regarding zoning laws and the denial of a cannabis dispensary license by Malden city governing bodies. Judge Diane R. Rubin dismissed a request by an attorney for Benevolent Botanicals for a summary judgment in its behalf on a lawsuit fi led with the court in February 2022. As reported in the Advocate, the lawsuit has the potential to set a precedent for how CTE CAT AT www.advocatenews.net Judge’s ruling sets clock on Malden cannabis site lawsuit for March 2024 pretrial Denies attempt by Benevolent Botanicals calling for a judgment against the City of Malden on ‘restrictive zoning’ Published Every Friday 617-387-2200 This site at 926 Eastern Ave. (Route 60) in Malden has been a point of contention since 2021, when the city initially gave the go-ahead for Benevolent Botanicals to operate at that address. (Courtesy Photo) cities and towns in Massachusetts can zone cannabis businesses, and therefore restrict the industry from growing in a specifi c town. The judge, as part of her ruling, scheduled a pretrial in the case for Tuesday, March 5. The case involves a lawsuit in 2022 in which the owners of the proposed cannabis shop at 926 Eastern Ave. say the city has created zoning laws which make it “impossible to open their business in Malden.” According to JUDGE | SEE PAGE 8 CONGRATULATIONS ON 50 YEARS! Pictured from left to right: Malden Supt. of Schools Dr. Ligia Noriega-Murphy, Administrative Assistant Jeanne Marquardo and Director of Physical Education and Athletics Charlie Conefrey. (Advocate Photo) By Steve Freker S he is not an easy person to surprise, that’s for sure! That is what happens when you have been an employee at the same place for a lot of years. Malden High School’s Jeanne Marquardo was indeed surprised; however, when a group of over 40 of her colleagues and some local city and school dignitaries got together in The Gallery at MHS HONORED | SEE PAGE 8 Malden City Council passes landmark zoning overlay under new MBTA Communities Laws Zoning overlay passage ensures Malden meets deadline for compliance with new law; Councillors voice objections over mandate, but ordinance enrolled By Steve Freker M alden is offi cially in compliance with perhaps the most controversial mandates that have been placed on this community in this century. After a nearly two-year odyssey of planning, preparation and discussion input from elected offi - cials, consultants, city agencies and members of the public, the City Council on Tuesday night voted 10-1 to pass the fi nal iteration of a zoning overlay ordinance that puts Malden in compliance with the “MBTA Communities Law.” The MBTA Communities Law was adopted in 2021 and requires some 177 cities and towns served by the transit agency – including Malden – to have at least one zoning district “of reasonable size” where multifamily housing is allowed within a half-mile of a commuter rail, subway or bus station or ferry terminal, if applicable. Malden has two dual rapid transit stations with Orange Line and Commuter Rail service: Malden Center, located on Commercial Street in the heart of the downtown, and Oak Grove Station, located at Washington and Winter Streets. ZONING | SEE PAGE 11 E Friday, December 15, 2023 Jeanne Marquardo honored for 50th Golden Anniversary at Malden High School Present Administrative Assistant for Athletic Dept. has been serving students since 1970s Most Communities including Malden are creating an MBTA Communities Law Map to show where designated properties are listed. (Courtesy Photo)
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