HomeMy WebLinkAbout10. Waivers - Comprehensive Permit - Application - 0 Prescott Street 10/21/2025 G. Waivers
As required undiler Section 56,05(2)i(h)oft he 40B Regulations,and Section 3.0,1(h)of the ZBA Rules, the following is
a list of requested Waivers to Local Requirements and Regulations, and the Applicant requests approval of the
following Waivers from certain locale requirements of the Town of North Andover, including the North Andover
Zoning Bylaws, and other Local Requirements and Regulations as defined!under Section 56.02 of the Cha:pter40B
Regulations, including all focal legilslative, regulatory, or other actions wwhich are more restrictive than state
requirements,if a ny,inc!lud ing local zon i ng and wetlands bylaws, subdivision and board of hea I t hi rules, and' other
local ordinances, codes, and regulations, in each case which,are in effect on the date of the Project's application'to
the Board. in addition to the following list of requested Waivers listed below,the Applicant requests an exception
from each and every provision or requirement of all Local Requirements and:Regulations issued by a"Local Board"
]defined:under the Cha!pt e r 40,B Regulations s as mea n ing any local board or official,including,but not limited to any
board of survey; board of health; planning board, conservation commission; historical comm ission;water,sewer,
or other commission or district;fire,police,traffic,or other department; building inspector or similar Official or
board;city council,as wel I as all boards,rega rciless of th eirgeog raphicaij urisdiction or their sou rce of authority(that
is,including boards created by special acts of the legislature or by other legislative,action]if such local board perform
functions usu ailly pe rforrned byloca I'llycreaited boairds)with,whichariya:spe�(-.t of itsComprehensive Perrnitapplication,
including but not limited:to its proposed site development plains and any other information hereinafter submiittedi!to
the Board, is inconsistent.
See Waiver List addendum attached hereto,
31
Zero Prescott
Prescott tt r e t
October 1. 202 5
LIST WAIVERS
The Applicant requests the North Andover Zoning Board of Appeals 'Board") approve the ll wit specific waivers for Zero Prescott, a 300-
unit residential rental community ("Project"), as shown on the site development plans, consisting of eighteen 1 sheets, entitled, "Zero
Prescott, 0 Prescott Street, North Andover, MA"dated October 21, 2025, prepared by Civil Design Group, LL (the"Civil Plans'), as amended
and as revised within the public hearing, Architectural Drawings including floor plans, units plans, elevations and sections, consisting of
eighteen 1 sheets, entitled "Zero Prescott, 0 Prescott Street, North Andover, MA," dated October 21, 2 2 „ prepared by The Architectural
Team, Inc, as amended and as revised within the public hearing, submitted by the Applicant (collectively, the "Site Plans"), from the ll wi g
Torn of forth Andover Leal Requirements and Regulations, as defined under Section 56.02 of the Chapter 40B Regulations (760 CMR
56.00), and Town of North Andover Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (March 13, 2001, Rev.
2 , in effect as of the date of the filing of the Comprehensive Permit Application with the Town of North Andover Zoning Board of Appeals.
To the extent that the Site Development Plans as approved by the Board's Comprehensive Permit provide additional clarity as to the scope of
the waivers granted as a part of the Comprehensive Permit Decision, the Applicant requests that the ward deem waivers necessary to
advance the approved Site Development Plans be deemedgranted.
Portions of the Property are located within the Industrial 1-S and Residence 4 kR-4) underlying zoning districts, as well as the Downtown
Overlay District - Subdistrict A -- Historic Mill Area, as shown on a map entitled Town of North Andover Zoning Map, dated May 12, 1972, as
amended through the 2025 Annual Town Meeting adjourned on May 13, 2025 collectively, the"Zoning Map") all as defined cinder § 1 _ . .
of the Town of North Andover ZoningBy-Law, as amended through the 2025 Annual Town Meeting dissolved on May 13, 2025 as Chapter 195
of the Code of the Torn of North Andover (the "Zoning Bylaw").
1: Pursuant to Chapter 408 Rules described under 760 MR s ,g 2 , "Zoning waivers are required solely from "as-of-right"
requirements of the zoning districts where the project site is located; there shall be no requirement to obtain waivers from the special permit
requirements of the district."Accordingly, any waivers which reference special permit requirements are included for informational purposes
only,.
Zero Prescott—Dist of\Vdive,!
Zero Prescott
0 Prescott Street
October 105
\ \ \ \
Chapter 155 Sewer § 155-3.A. No person shall enter his drain into any Waived in its entirety, Any Project sewer
Sewers, 155- € Licenses 1 House drain ( common sewer without a written connection to be governed by the
connection ; license from the Board of Selectmen, requirements of the Water& Sewer
license and any person entering under such Division of the forth Andover
license shall comply with such rules = Department of Public Works (DPW). Also
and regulations ton to material and ! partially giver connection fees and
I construction as the Board of Selectmen I sewer mitigation fees for the affordable
may prescribe. Sewer service units.
connection fee of$ . unl , and
sewer I mitigation fee of$3.20 per i
ollon based on Title 5 design flow.
21 Chapter 165. Stormwater § 165-4and § Required Planning Baird Land Waived in its entirety® Stormwater
or w ter Management -g, Land Disturbance Permit for land disturbance = Management and related design shall
rtt arty Disturbance of , square feet or more of land comply with the performance standards
Erosion Control Permit and except as provided under Chapters 165 of the most recent version of
Bylaw, an other and 250, unless exempted or waived. Massachusetts Department of
Chapter 250.
requirementsIncludes requirements for storrnweter ` Environmental Protection ( P
ter _vrr t r rn n gernent plan, fees, design & stormw ter management standards and
[ Management and
performance criteria, erosion & accompanying Stormwater Management
Erosion Control
sedimentation control plan, 0 & M plan, Handbook, and as regulated under the
Regulationsrecordeeping, inspection and coverage requirements of the 2022 US
enforcement requirements.. EPA Construction General Permit for
Massachusetts MA I ..
s
zero o tt -List of Waivem
Zero Prescott
0 Prescott Street
October . 2025
Chapter 170-3. Street No personFBI make any excavation Waived in its entirety, will
Streets and _' street Excavation or other substantial change in a Town comply with DPW street excavation
Sidewalks lk ' excavations ; Permits t way open to publictravel without first i requirements and State lees.
obtaining a permit therefor from the
Director of public Works. Such a permit
i shall be granted only upon a written
[ application therefor, which shall
€ contain such information as to the
[, tproposed excavation change as the
i Director of public Works may require,
and the permit may contain any
i reasonable requirements, ncluding the
applicant's procurement of an adequate l
performance bond assuring his
compliance with such requirements,
the amount of such bond to be set by
the r ctor of Public Works, to the
i event that such excavation cannot b
completed within 12 hours, the
ircor of public Works shall forthwith
make all necessary repairs. The
applicant shall be responsible to the
r Town for the Incident expenses.4. .
3
f Chapter 170. § 1 - . Driveway No driveway or other means of access Waived in its entirety, except the pso t
i Streets and Driveways F permits to privately owned property from any will comply with applicable DPW
Sidewalks
alk
public way or any gay maintained by driveway requirements.
the Town or shown on an approved
subdivision plan shall be constructed
unless a permit for its entry into said
r way shall first have been issued by the
€ Director of Public Works,
Zero Prescott
0 Prescon Street
)ctober 21, 2015
5. Chapter 175. §§ 17S-2, Installation of No utility shall install or construct, Waived. No new overhead poles or wires
Id 175- new poles or except by way of replacement or to be installed except as otherwise
erground 3.
Utilities overhead wires upgrading of existing facilities, any required by public utilities.
i prohibited. poles and overhead wires and
associat
tied overhead structures upon,
along or across any public way within
the parts of the Town listed in § 175-3.
Any poles and overhead wires and
associated overhead structures
installed or constructed in violation of
this bylaw shall be immediately
removed by the utility responsible
therefor.
6. 180-2. Required Handicapped parking space Waive 180-2. only, and to the extent Chapter 180.
Vehicles and Determina- accessible requirements include: i inconsistent with the number of
Traffic, Article 1. tint spaces
Accessible Spaces required and other
Handicapped number of I On-Site Spaces Accessible Spaces l requirements under the regulations of
Parking ! spaces Required
the Massachusetts Architectural Access
Board, 521 CMR 23.00 (Parking)
15-25 1
>25-40 511/6 but not less
than 2
>40-100 49/b but not less
than 3
>100-200 3% but not less
than 4
>200-500 2% but not less
than
4
Zees,Pre!,cer—List of Waivers
Zero Prescott
0 Prescott Street
October-11, 2025
TOWN,OF AJ
EU
6,
A.WNW
01 IM
NO,
7. Perit Project uses ARTICLE 4. § 195-4.1. Permitted In the zoning districts Waived. m the the following
BUILDINGS AND Uses; designated buildings and alterations described below on the Property, and as
USES PERMMED Accessory and extensions thereof and buildings provided in the Comprehensive Permit.
Part 1. District Uses. accessory thereto and the following
Use Regulations designated uses of land, buildings, or
195-4.1. General part thereof and uses accessory
Provisions. thereto are permitted. All other
buildings and uses including accessory I
uses are hereby expressly prohibited.,
except uses which are similar In
character to the permitted uses shall
be treated as requiring a special
permit. No private or public way giving
access to a building or use or not
permitted in a residential district shall
be laid out or constructed so as to pass
throug
h a residential district.
Zero Pre-wom—L-m olWaivens
Zero Prescott
0 Prescott Street
Dauber 2L 2025
. i ARTICLE 4, §§ 195-4.3., Permitted _ dence 4 District and IndustrialWaived to permit the Project uses as
` BUILDINGS AND Residence 4 lases, Uses by District do not allow for multifamily
showy on the Site Plans and as described
USES PE I District; Special Permit € residence use and customary accessory within tine ortprelers`sve Permit,
Part 2. Residential - , ., uses, owntowr Overlay District consisting of total of �ultif rally
District Permitted i Industrial S Subdistrictallows multifamily dwelling units within the multifamily
Uses; Pert 4. district, and, dwellings up to 6x dwelling units, structures, designed to vary in height
Industrial District 1 Sub-district 1 townhouses r d mixed-use structures from to stories, along with accessory
Permitted Use ; Historic i by right, and multifamily dwellings or indoor space including man ger er t
I and, ARTICLE LE ill Area, more units, mixed-use structures for leasing office, a rail/package room, and
DOWNTOWN 195at , . uses allowed by special permit, public amenity space for uses which may
OVERLAY through 1 - garages, and any accessory use include one or more of the following,
DISTRICT a customarily incident t to any of the 1 including: bile repair; fitness center
Part 1.. General above permitted uses, prodded that multipurpose community space; and
Provisions; Part 2. 1 such use shall not be noxious or resident work-space; together with
SubdistrictA ' dangerous to the neighborhood, outdoor common area spaces, as well as
Historic Mill Area other associated uses, including without
See Note 1. limitation, a dog wash/perm, courtyards,
trail connections and other structures,
i utilities, an on-Site generator, utility
transformer as may be required by utility
companies,ies, children's play area,
recreational opera space, parking to serve
the Project and other existing reserved
parking ing rights for the East Mill and West
Mill complex, driveway access, water,
sewer, electrical and stormwater
management, signs, earth movement to
construct Project improvements, and
[ j other appurtenant uses and
improvements customarily incidental to
? such residential uses. Also allow the use
of a temporary construction marketing
eting
trailers commencing prier to
construction commencement until Project
construction com letion,.
6
Zero Ptescoa r m of Nvaivus
Zero Prescoli
0 Prescott Street
October 21, .2025
9. ARTICLE S. EARTH 195-5.1. Earth Removal Excavation, removal, stripping, or Waived unless exempt or considered to
MATERIALS ough 195- Requirements, mining of any earth material on any be earth removal incidental to
REMOVAL 5.9. 1 Exemptions parcel of land, public or private, in development, construction or
North Andover prohibited, except as improvements, Earth movement to
allowed by § 195-5.4, Permits for earth construct Project improvements to be
removal; § 195-5.5, Earth removal governed by the Comprehensive Permit.
Incidental to development, construction
or improvements; and 195-5.6,
Miscellaneous removal of earth, unless
exemDt under § 195-5.114.
Zrro Pats-olt—List of Waivers
Zero Prescott
0 Prescott Street
October 2 . 2025
1 `` ARTICLE 6. SIB g - .I. Signs and ; Signs allowed with - , Industrial S, A waiver is sought from this Article in its
AND SIGN through 19 - Lighting and Downtown Overlay District entirety to permit the Project as shown
ILIGHTING 6.7; §19 - Subdistrict A. Section , . . allows 1 on the Site Plans with any/all intended
REGULATIONS Industrial District wall signs up to ignage to include ground-mounted
Sign Master total area not exceed o of the area monument entry sign at the corner of
Plan of the side of the building to which they ? High and Prescott Streets identifying the
are attached or 200 sure feet, _ Project and directing residents to its
hichever is less, and 1 ground sign
location, and the site signage will be
3 �
for each street on which the property landscaped and externally illuminated
fronts at a maximum of 100 s.f. per with a final height and square footage to
sign, set back at least 40 feet to any 1 be determined and presented to the
property line and no more than 20 feet ; Zoning Board of Appeals during the
In height. course of the Comprehensive Permit
One ground sign, containing the review. Also allow a one temporary
name or other identification of the use non-illuminated construction sign of n
s on the property, for each street on more than 64 square feet in site from
Which the property fronts, each sign is the commencement until completion of
1 limited to an area of 100 square feet, construction, and b one temporary on-
3 Such sign shall not be located closer site sign pertaining to the advertisement
than 40 feet to any property line or 20 of the lease of dwelling units not-to-
i feet above ground level. In addition to exceed 6 square feet and no portion of
i the above, § 19 -1 .1 . sgn master i which is greater than 5 feet above
plan) of the Downtown Overlay District ground level which such temporary sign
Subdistrict A allows for the approval of shall be removed no later than within
s, a sign master plan as a part of a week f ll wind the date of the signing of
Subdistrict A Special Permit, and upon t the last lease, with signage details
approval, signs may be Installed, i led In the Site Plana
removed, and replaced with the
approval of the Building Inspector,
I provided that such signage conforms to
the signage plan approved in the
definitive plan decision. fee Dote 1-
8
Zara Prescou
0 Prescou street
ARTICLE 7. §§ 195-7.1. Dimensional The project Lot is bisected by both the rAll of the dimensional requirements
DIMENSIONALthrough t95- Requirements Industrial S and R-4 ZoningDistricts. = under Article 7 and 195 Attachment 3,
, ,; 195for Rao, b Lot i also entirely located within � �� � duv r Table
"
Attachment195 tt cF r rt Industrial S, the Downtown Overlay District— Summary Of Dimensional Requirements,
Town of North , Town of and Downtown Subdistrict A, all as described in the not otherwise shown on the Pleas as
Andover'fable . North Overlay f Zoning Bylaw, compliant are waived and are as
Summaryd District-
depicted on the Site Plans.
Dimensional i Table 2: Subdistrict AIt the project was proposed under the
Requirements; I Summary Of Zoning Bylaw, ,t would be proposed
ArticleDimensional under Article 18, Part II, the Downtown
(Subdistrict A) Requirements Overlay District—Subdistrict A by
Special Permit. See Note I above.
For purposes of illustration, the ruect`
compliance with the dimensional
I requirements the Downtown Overlay
District—Subdistrict A are described
below. In addition, the Lot's compliance
with dimensional uir m r t under the
underlying Industrial S and R-4 Zoning
Districts are illustrated below.
9
tiro Prescott I iNt. k`arvcrs
Zero Prescott
0 Prescott Street
October 21, 2025
12. ARTICLE 7. 195-7.1. Dimensional If the Project was Droposed under the
I Pursuant to Chapter 40B Rules described
DIMENSIONAL I through 19S- Requirements Zoning Bylaw, It would be proposed I under 760 CMR 56.05(7), "Zoning
I REQUIREMENTS, 7.8.- 195 for R-4, under the Downtown Overlay District— I waivers are required solely from 195 "as-of-
Attachment I Industrial S Subdistrict A by Special Permit. right" requirements of the zoning Attachment 3,
Town of North
districts where the project site is loc
3, Town of and Downtown See Note 1 above.
ated;
Andover Table 2: North Overlay For purposes of illustration, the there shall be no requirement to ob
tains
Summary Of nd r District- Pr is compliance with the wa-vers from the special permit
Aovel
Dimensional Table 2: Subdistrict A dimensional requirements of the requirements of the district."
Requirements Summary Of Downtown Overlay District—Subdistrict Accordingly, since a project proposed
(Continued) Dimensional A
under Subdistrict A would require a
Requirements
special permit, the requirements below
I are provided for Informational purposes
only,
Existing Pro ( )
_p—o—sed Waiver YN f�
S DOT- Ujbdistrict A
ReqqLred
267,063 s-f. 267,063 s,f, N
Min Lot Area (s.f.) >150 Feet >150 Feet
its. Street Frontage (ft)
Min, Setback (ft) 34.4 Feet 20.2 Feet y
45 Feet 16.5 Feet y
--Front 35 Feet'
--Side 20 Feet2 1 N/A N/A
1 --Rear 20 Feet I N/A 1.70:1 N
Floor Area Ratio (Max.) 1:0 by
5ft Note 1.
right; 2:0
by Special
Permit 33% 34% Y
Lot Coverage (Max-! N/A N/A 55+/- Feet Y
Height Max. (ft) 55 Feet3
Note 1.
By Special
Permit4
Z era prvscotl—List of Wahvrs
A- t Prescott
0 Prescott.street
October-?], 0 5
95-1 .l .f 11 1--A 35 Boot setback of a new,build!nL--from the Subdistrict A boundary is required when the Subdistrict A lot line a tits a residential zoning district located
outside Subdistrict _subject to Subsection IS-1 . below.The first 15 feet of the setback abutting the residential zoning district shall remain open and green,be suitably
landscaped,un-built upon,unpaved,and not parked upon. The portions of the Lot aburting High Street and Prescott Street,as well as the segment of the subdivision roadway°
street line adjacent to the U?t,are front setbacks,
195-1 164 A( bi twenty-foot setback is required ftm any side or rear lot line for all newls,constructed buildings,where not abutting residential zoning district
heated outside Subdistrict A,subject to Subsection. l ,1 .B below_ All yards of the Lot not abutting High Street arid.Prescott Street,as well as the segment ofthe subdivision
roadwav street litre not a(hacent to fie Lot,are side yards or rear yards-
'§ l _l ,l6_il3)l f(q)_ ew buildings and structures shall be limited to 5 feet in buildi ,height by right sphere located within the underlying IF-S District.or within 100 feet of
the underlying I-S Zoning District boundary by special permit=and where such buildin s or stru t�€res are:not located it in the underlying I-S district or within 100 fit of the
tttderl in I-S Zonin,_q District boundam..the h i�ht litttit shall h ��feet b� r`s�bt,and such building or strttctttre having a building height in excess of feet but not rttore than 5
et_shall be permitted only by special permit.
4 11 � , �ntlditt height Maximum heights of buildings and structures shall a set forth in`fable I The foregoing limitations f height in feet lrt the designated zoning
districts shall not apply to: -..
B.Nor shall they apply to chimneys.ventilators.skylights_tanks.bulkheads,penthou-ses,processing towers.roof-mounted solar coil ct rs,and other accessary-structural:eat es
usually erected at a height greater than the main roofs of any buildings.However,no roof-mounted solar collector shall exceed two feet in height unless a.waiver is Wanted by the
plarmin Board:
.Nor to domes.bell towers,or spires of churches or other buildings,provided-all features are in no may,used for living purposes.
Da And further provided that no such structural feature of any non-manufacturing building shall exceed a height of 65 feet from the round:
ll
erg Pre ou®-List of we
Zero Prescott
0 Prescou Street
October 21. 2025
Dimensional Waived but dimensions are as shown on 13. ARTICLE 7� 195-7.1.
DIMENSIONAL through 195- 1 Requirements the Site Plans. Dimensions provided are
REQUIREMENTS, 7.8.; 195 for R-4, based upon the entire lot, given that the
Lot is bisected by 'he R-4 and I-S Zoning
195 Attachment 3, Attachment Industrial S, L
Town of North 3, Town of and Downtown Districts.
Andover Table 2: North Overlay
7
Summary Of Andover District- Existin- Proposed Wi er (YIN)
av
Dimensional Table 2: Subdistrict A Recluired
L—S
Surnm ry Of 267,063 s.f. 267,063 SJ. N Requirements a
D Min Lot Area (s.f.)imensional SO,000 S.f. >150 Ft } Feet N
t Requirements Min *'. Street Frontage (i+. 150 Feet
(Coninued)
Min. Setback (ft) 34.4 Feet 20.2 Feet Y
--Front 30 Feet 45 Feet 16.5 Feet Y
S N/A ide5 20 Feet (35 Feet abut Res.) N/A
ma 6 30 Feet (45 Feet abut Res.) N/A 1.70:1 Y
Floor Area Ratio (Max.) O.50:1 33% 34% Y
Lot Coverage (Max,) 35% N/A 55+/- Feet Y
Height Max. (ftl 55 Feet
5 FIN-2.Adjacent to residential districts,an additional fifteen-foot side or rear setback-shall be required.The first 15 feet of the total setback abutting the residential district shall
remain open and green,be suitably landscaped,un-built upon.unpaved and not parked upon-
'FN_!_Adiacent to residential districts.an-additional fifteen-fovt side or rear setback shall be required.Ibc first 15 feet of the total setback abutting the residennal district shall
remain open and green,be suitably landscaped,un-built upon-unpaved and not parked upon-
Dimensions provided are bawd upon the entire lot.given that the lot is bisected by the R-4 and I-S Districts,
Zero PrEscott--Vist of A"alvers
Zero Prescott
0 Prescoll Street
October 21 202
14L ARTICLE 7. §§ 195-7.1. Dimensional Dimensions provided are based upon the
DIMENSIONAL through 195- Requirements
entire lot, given that the lot is bisected
REQUIREMENTS, 1 7.8.; 195 for R-4, by the R-4 and I-S Zoning Districts.
195 Attachment 3, Attachment I Industrial S
Town of North 3, Town of and Downtown I All of the dimensional requirements
Andover Table 2: North Overlay under Article 7 and 195 Attachment 3,
Summary Of Andover I District- Town of North Andover Table 2
Dimensional Table 2: Subdistrict A
Summary Of Dimensional Requirements,
Requirements Summary Of
not otherwise shown on the Plans as i
i Dimensional
compliant are waived but are as depicted
R
(Con irements he
tinued)
on t bite Plans.equ
R-4 Reairui o ed Pr---posed" WaiverILY/N-)
267,063 s.f. 267,063 sf, N
Min Lot Area (s.f.) 12,SOO SJ.
ssss Min. Street Frontage (ft) 100 Feet 150 Feet >150 Feet N
Min. Setback (ft)
--Front & FN28 30 Feet i 34.4 Feet 20.2 Feet Y
-- id e9 15 Feet (30 Feet abut 45 Feet 16.5 Feet
Y
Res.) N/A N/A N
--Rear'O 30 Feet (45 Feet abut N/A 1.70:1
N
Res.) 33%
Floor Area Ratio (Max.) N/A N/A 55+/- Feet Y
of Coverage (Max.) N/A
He1qht Max. 1'ft) 35 Feet
FN 2 1 Adjacent tv residential districts,an additional fifteen-foot side or rear setback shall be requireA.The first 15 feet of the total setback abutting the residential district shall
remain open and green,be suitably landscaped,un-built upon,unpaved and not parked upon.
'See folotnote above(Fri 2).
`See footnote above(FNN-2j,
Dimensions Provided are based urn the entire lot.given that the lot Is bisected by the R-4 and I-S Districts.
13
7cro pmsroft--List C-1-Wei vers
Zero Prescott
0 Prescott Street
Ociober 21, 2
1 ARTICLE 7. § 1 - 3. Required yard § 1 - . . Yards (setbacks). Waived, lards shall be as depicted on
�I E IONA Yards setbacks. Minimum front, side and rear setbacks the Site Plans.
RgQUI E shall be e set forth in Table ,.,
l Buildings on corner lots shall have the
required front setback from both
streets, except 'in Residence -
District, where the setback from the
side street shall be 20 feet minimum.
1 § 1 - . . Maximum Maximum heights of buildings and Waived. Buildingheight shall be as
Building building height, structures shall be as set forth in 'table depicted on the Site Plans
hei e cepti r
195-7,5 Maximurnlit Maximum lot coverage by buildings Waived. Lot Coverage shall be as
Lot coverage coverage. shall be as forth in Table 2. "Lot 1 depicted on the Site Plans
coverage" shall mega the percent of
the lot covered by principal and
accessory structures, _
1 § 1 - Maximum � i Maximumfloor area ratio (FAR) shall Waived. FAR shall be depicted on the
Floor area be as set f €-th in Table 2J11 "FAR" is j Site Plans
rtis the ratio between the total amount of l
building floor area on all usable floors
and the area of the lot on which it is
located. i
14
7 cro Nescon, _Lisle of Watve
Zero Prescott
0 Prescott Street
October 21, 2025
19. i ARTICLE19568,1. Parking 1 § 195-8.4. Off-street parking
1 Waived to allow for a total of 497 parking
S U M R throuah 195- Pequirements requirements, and Table of Off-Strot Espaces (or 1.7 spaces/unit) on the
REGULATIONS, 8.8. Property, including 397 parking garage
Parking regulations require the
Part 1. Off-Street
following spaces for multifamily units: spaces and 100 surface spaces, where a
Parking and total of 497 parking spaces are required,
Loading
1.25 sp/du for studio units subject to the provisions below,
i
1.5 sp/du lot I BR units; and,
2.0 sp/du for 2 or more BR units, 47 studio p_= 58.8 sp
119 1 BR DU @ 1.5/DU= 178.50 sp
Note 7 to Table of Off-Street Parking DU (a 2.01
130 2 & 3
Regulatlons12 Total Required Parking Spaces 497
Total Residential Spaces Provided 497
Also allow pre-existing reserved
co
rnmerclal parking rights for commercial
and other uses on the Property
previously permitted under"Existin
9
1 Approvals" (as defined in the
Comprehensive Permit Decision) which
are hereby modified to allow for
mire
parking, including shared
parking, on the Property under the
Existing Approvals to lawfully continue
and exist and to co-exist with the Project
parking is on the Property, all as
described in the Comprehensive Permit.
J
T In appropriate circumstances.where the ptovision of adequate off-street parking is otherwise feasible,the Planning Board may include on-street parking within the
determination of adequate parking arrangements for a particular use,particularly in the so-called"Downtown Area,"which for the purposes of this Part I shall be defined as the
folio-wing,areas:lit Main Street from Sutton Street to Merrimac Street,including 200 feet from Main Street on the following side streets-Waverly Road.Fi.-,t Street,Second
Street.and School StreeV tit)Sutton Street tom Main Street to Charles Street:(iii)Water Street from Main Street to High Street-,and,(iii)High-Street from Water Street to
Prescott Street.
15
k)fwammrs
awo Pre licott
0 Prescott Streei
October 21, 2025
1 20. 195-8-6. Location and Various location requirements for
layout of parking in residential and non- Waived. Parking location and layout to
parking residential districts, be as depicted on the Site Plans,
facilities.
195-8.8. Special permits Allows for parking special permi
for parking, under 195-8.8.D. for: Modification of
parking/loading area design standards See Note 1.
(D.2-)- Parking on a separate
lot/satellite parking (D.4.); Common
parking areas and multiple-use
1 facilities (D.5.); Reduction in parking
(1 .7.); and, Modification of screening
1 and landscaping requirements for off-
street parking under Part 4. Screening
1 and Landscaping of Off-Street Parking
I Areas for properties in Commercial and
Industrial Districts and
s Residential districts, 195-&18.)
22. ARTICLE 8 195- it Plan Applicability, standards, procedures Waived in its entirety. To be governed
ISUPPLEMENTARY through 105- Review and other requirements including a 1 by Comprehensive Permit.
P_E 8.1T8 Planning Board Special Permit for Site
_q_V!_AT10NS
Plan review. See Note 1.
Pa Site Plan
Review
16
zcra Prescon—List of Waivers
Zero Prescott
0 Prescott Street
Ocrober.11, 2025
1 - ,1 . I Describes certain screening and Waived, See Note 1.
23. ARTICLE S. § 19S-818.
landscaping requirements for both SUPPLEMENTARY I Commercial Commercial
REGULATIONS, and Industrial and Industrial industrial and residential ditricts, but
Part 4. Screening Districts, and Districts and § does not address standards for a lot
and Landscaping
§ 195-8.20. 195-8.20, 1 split by an I-S and R-4 Zoning
of Off-Street Residential Residential Districts.
Parking Areas districts. districts.
I Under § 195-8.8.D,(8), allows for the
modification of screening and
landscaping requirements for off-street
parking by special permit.
Under § 195-8.20.13. (Residential
districts.", allows the garaging or off-
street parking of an additional two
commercial vehicles by special nermit.
All natural slopes exceeding 33%
ARTICLE S. Undisturbed Waived but see Note 1.24 195- (3:1)
SUPPLEMENTARY 1 8e5& 195- slopes; over a horizontal distance of 30 feet as
EGULATIONS, . 9; 1 - Exclusion from measured perpendicular to the contour
R 85 & 95
Part 9. Lot/Slope 8.59. min. lot on a tract or parcel of land intended or
Requirements calculation; proposed for subdivision or on a
special building lot are protected and shall
permits. remain undisturbed, and shall be
excluded from the calculation of the
minimum lot area required for the
applicable zoning district, unless
granted a Planning Board Special
Permit.
See Note 1
17
7ero prtscott Us!(if walven
Zero Prescott
0 Prescott Street
October 21. 20215
— --- --------- ........................ ....
25. ARTICLE 8. 195-8.95. Inc lusionary Includes mandated set-aside, Waived in its entirety. To be governed
SUPPLEMENTARY through 195- Housing j restrictions, terms and other by the affordability requirement nd
R Requiremen EGULATIONS, 8.108 Its requirements for affordable housing restrictions on Chapter 40B and the
Part 13. within residential projects. Project subsidizing agency requirements,
Inclus ion ary h provided in the Compreensive
as
Housing Permit.
Requirement
§ Building Inspector shall not issue 195-10.2. Building Waived in part. Building Inspector reta ns
26. 1 ARTICLE 10. permits. any such permit unless the plans for authority to enforce the Zoning Bylaw
ADMINISTRATION the building and the intended use 1 but as modified by the Zoning Bylaw
I thereof in all respects fulfill the waivers granted and governed by the
provisions of the North Andover Zoning Comprehensive Permit.
Bylaw (and other applicable Town
bvlaws'
2 7 Certificate of No building or land changed from one. § 195-103.
use and 3 use to another, in whole or In part, Waived to allow occupancy permit to be
occupancy, shall be occupied or used until a issued based upon compliance with the
certificate of use and occupancy has terms of the Comprehensive Permit and
1 been issued by the Building Inspector. I Mass. State Building Code.
This certificate shall certify compliance
with the provisions of this bylaw nd of
jvl
28. 195-1 Special Applicability, onteria, and procedures 1 Waived.§ 0.7.
permits. for the issuance of special permits.
See Note 1,
Zcr,i Ncsctit—List Ell Wavers
7-era Prescott
Prescott Ot t
October-1. 202,E
Conflict f - .10. Conflict f laws. ; Waived. Building Inspector retains
laws. Ire general, this nin bylaw tb ty t f rc t� � W,
supplementary to other r North Andover ! General Bylaws, and other local
laws affecting the use, height, area, r ulr rat � t d ll y t
and location buildings d structur 1 Zoning Bylaw waivers granted and
and the use of premises. Where this governed by the Mpr hen iv Permit.
zoning bylaw imposes a greater j
restriction upon the use, height, area,
and location of buildings and structures
and the use of premises than is
imposed by other bylaws, the
provisions f this zoning bylaw shall
control.
30. ARTICLE 10. § 19-5-10.2, Building The Building Inspector shall not issue Waived in part. Building Inspector retains
ADMINISTPUATION prrltff any such permit unlessithe plans for authority to enforce the oin Bylaw
the buildingand the intended use but modified by the Zoning Bylaw
thereof in all respects fulfill the I waivers granted and governed
provisions of the North Andover Zoning = by the Comprehensive Permit.
Bylaw (arid other applicable Town
blvs .
I _ rtl c t o building ear lead cl a d from one Waived to allow occupancy permit t b
use and use to another, its whole r in part, E issued based pun compliance�Itl the
occupancy,
cy. shall be occupied or used until a terms of the Comprehensive Permit and
c fic t of use and occupancy has i 1 State Building d ,
been issued by the Building Inspector.
This certificate shall certify compliance
nc
with the provisions of this bylaw and of
all applicable codes.
-1 .1 p cl lApplicability, criteria.. and procedures Waived.
permits, for the issuance of special permits. See Note 1..
1
?ern icon--best of Wearers
Zero F-rescott
0 re Ott Street
October.21. 2025
33. ARTICLE 10. § 195-10A0. Conflict of § 195-10.10. Conflict of laws, Waived. Building Inspector retains
laws. In general, this zoning bylaw is authority to enforce the Zoning Bylaw,
ADMTN-M- RATION
supplementary to other North Andover 1 General Bylaws, and other local
nued) bylaws affecting the use, height, area, rect air ements but as modified by the
(Conti
and location of buildings and structures I Zoning Bylaw waivers granted and
and the use of premises. Where this governed by the Comprehensive Permit.
zoning bylaw imposes a greater
restriction upon the use, height, area, 1
and location of buildings and structures
and the use of premises than is
imposed by other bylaws, the
prov slons of this zoning bylaw shall
control.
34. § 195-10.2. Building The Building Inspector shall not issue 3 Waived in part, Building Inspector retains
permits. any such permit unless the plans for authority to enforce the Zoning Bylaw
the building and the intended use but as modified by the Zoning Bylaw
thereof in all respects fulfill the waivers granted and governed
provisions of the North Andover Zoning by the Comprehensive Permit.
Bylaw (and other applicable Town
b- laws),
35. 1
§ 195-10 Certificate of No building or land changed from one EWaived to allow occupancy permit to be
use
se and use to another, in whole or in part, issued based upon compliance with the
occupancy. shall be occupied or used until a i terms of the Comprehensive Permit and
certificate of use and occupancy has Mass, State Building Code.
been issued by the Building Inspector.
This certificate shall certify compliance
with the provisions of this bylaw and of
all - licable codes a_p
20
Zero Prescott U a of Wa vers
Zero Prescott
Prescott Street
Ocrober 2)0125
5 —
6. ARTICLE 18. 195-18.9. Zoning Overlay I § 195-18.13.B.(Permitted uses), of Waived, Uses, design and other criteria
DOWNTOWN through District Subdistrict A allows the following uses ; to be governed by the Comprehensive
OVERLAY 195-18,20 1 by special permit: ( Multifamily Permit.
DISTRICT, Part 2. I dwellings, seven or more units,
Subdistrict A® Mixed-use structures for uses See Note t.
Histories Mill Area allowed by special permit, and
i
Any accessory use customarily incident �
[ to any of the above permitted uses,
E provided that such use shall not b
[ noxious or dangerous to the
neighborhood. Subdistrict A also
E includes other use, dimensional,
ds and prrdural
Al
,..
. Sections 1.0 All � r t lac t t d l a u d tc r pia r t r r from 760 CMR
through guat€ aptr vrsir f t batr t . t �1 eta_
glatirr regulations at 760 CMR .. t
i seq.
38. Section _ Plan Size Requires all plans to be on sheets I Waived. A total of twenty-two ( sets of
4" x 36" in size, at a scale of inch plans at 11 x 17 size, plus two sets of
equals forty feet 1" = g' . Detailed _ " plans are to be filed with the ,
areas mav be at "'- as dirtd b tatf,
j 39. Section 4.0 1 4.01through Peer review Requires bid process through Waived. To allow ZBA to solicit peer review
14,07 proposals and bids through the Board's and PlanningDepartment's
customainLp
r ct
21
Zero Prescott
0 Prescott Street
October- - 2025
�r firth � r trll vtr r waived to allow the placement of anywork within newly paved public
<' icy roce r hh ways, if necessary.
Pavement Moratorium been pavan in the
t
Revised September 26, 201pt
j three years.
Requests for a street
opening permit will
be denied during
this period except in
I cases of
emergencies as
et ermined f biv the
DPW Director or his
2-1