HomeMy WebLinkAboutRedlined Waiver List (Rev. 6.2.26)(Rev. 6.20.26) - Miscellaneous - 0 Prescott Street 6/2/2026
)
8
3.2.
9
-
(1
l permit
North
prepared
§ 195
, 2026)
teen
Downtown
,
Zero
0
)
ranted as a
Local
as Chapter 195
-
nine
ional purposes
of North Andover
of
including floor
the specia
-
June 2
, 2025
_________
13
(Rev.
dated May 12, 1972, as
eighteen
and Town
North Andover
, 2025
) all as defined under
21
in effect as of the date of the
,
consisting of
June 19, 2026
,
issolved on May
Zero Prescott0 Prescott StreetOctober
d
Zoning Map
(Rev.
underlying zoning districts, as well as the
) approve the following specific waivers for
4)
-
4 (R
Zoning Board of Appeals. To the extent that the Site
8
4
ce
(1
entitled Town of North Andover Zoning Map,
WAIVERS
teen
Residen
prepared by The Architectural Team, Inc. as amended and as revised
that the Board deem waivers necessary to advance the approved Site
),
four
a map
shown on the site development plans
and
North Andover
1
as revised within the public hearing; Architectural Drawings
S)
LIST OF
-
_____
eighteen
shown on
as
,
Industrial S (I
as amended and
June 19, 2026
,
consisting of
Zoning Board of
Law, as amended through the 2025 Annual Town Meeting
Rev.
in the
-
community
with
sections,
Historic Mill Area
--
Zoning By
located
North Andover
are
LLC
,
elevations and
Subdistrict A
,
roperty
-
unit residential rental
P
-
North Andover
80
he
2
List of Waivers
--
, a
Town of Code of the Town of North Andover
Civil Design Group
Note 1
The Applicant requests the Prescottby plans, units planswithin the public hearingRequirements and Regulations, as defined under Section 56.02 of the Chapter 40B Regulations (760 CMR
56.00), Comprehensive Permit Rules and Regulations of the Zoning Board of Appeals (March 13, 2001, Rev. 2006)filing of the Comprehensive Permit Application with the Town of part of
the Comprehensive Permit Decision, the Applicant requestsDevelopment Plans be deemed granted.Portions of tOverlay District amended through the 2025 Annual Town Meeting adjourned on
May 13, 2025 of the of the * requirements of the zoning districts where the project site is located; there shall be no requirement to obtain waivers from only. Zero Prescott
.
to issue
, 2026)
NORTH
0
ZBA
technical
June 2
the
to allow
(Rev.
, 2025 pursuant to the Comprehensive
, subject to
r granted
21
PROPOSED WaivelicensePermitrequirements of the Water & Sewer Division of the North Andover Department of Public Works (DPW)
THE 2025 ANNUAL TOWN MEETING
Zero Prescott0 Prescott StreetOctober
, and
THROUGH
wer service
Se
)
2
ay prescribe.
REQUIRED No person shall enter his drain into any common sewer without a written license from the Board of Selectmen, and any person entering under such license shall comply with such
rules and regulations as to material and construction as the Board of Selectmen mconnection fee of $1000/unitsewer mitigation fee of $3.20 per gallon based on Title 5 design flow.
N
O
A.
3.
-
DESCRIPTI§ 155House drain connection license
SECTION Sewer Licenses
AWS OF THE TOWN OF NORTH ANDOVER, AS AMENDED
L
-
-
Y
B
155
ER
/REG.
List of Waivers
OV
--
A.
GENERAL DISSOLVED ON MAY 14, 2024, AND ALSO KNOWN AS THE CODE OF THE TOWN OF NORTH ANDOVER ANDCODE Chapter 155Sewers, § 3.
Zero Prescott
1.
,
-.
-
6
-
inch
-
§250
(d)
to issue
inch
-
general
. (5)(b)
alternative
density
requiring
and,
-
ZBA
that the
is acceptable
, 2026)
;
22 C
all drainpipes
0
-
t and Erosion
high
subject to the
pursuant to the
Chapter 165.
n
,
year storm event
§250
installation of an 18
given that peer
June 2
, except
,
25
with
3D on the AVB West
23 E. (22)
as shown on the
-
-via an existing 18
requiring
to allow the
approved by the NA DPW
(Rev.
ing
250
drainage pipes to
providing that the
§
rofiles of drainage trunk lines
as the use of
and which will depicted on the
, 2025 granted
ing of
r
23 E. (30)
discharg
21
-
iz
Waivethe Stormwater Permit Comprehensive PermitProject complyingStormwater ManagemeControl Bylaw, and Chapter 250. Stormwater Management and Erosion Control Regulationsfollowing waivers
are granted: (a) 22 C. (4)(g)outline of existing vegetation, wooded areas, significant trees, unique species and tree clusters Approved Plans; (b) requiring pwhere the Applicant has
confirmed no conflict plans to be filed with the Project building permit; (c)the saccommodate theand provide calculations using the Mannings Equationreview engineer finds that thedrainage
plan is acceptable where inch pipe crossing High Street at the end of Prescott Street from proposed DMHthendrain line that increases to a 36drain line at DMHMill property and then crosses
through the AVB West Mill property§250to be RCPpolyethylene (HDPE) pipes
Zero Prescott0 Prescott StreetOctober
.
and
L
land disturbance
for
ermit
P
Planning Board
3
isturbance
RequiredDof 43,560 square feet or more of landexcept as provided under Chapters 165 and 250, unless exempted or waivedIncludes requirements for stormwater management plan, fees, design
& performance criteria, erosion & sedimentation control plan, O & M plan, recordkeeping, inspection and enforcement requirements.
§
and
Land
4
-
9.
-
§ 165250Disturbance Permit and other requirements
Stormwater Management
250.
List of Waivers
--
Chapter 165. Stormwater Management and Erosion ControlBylaw, and Chapter Stormwater Management and Erosion ControlRegulations
Zero Prescott
2.
, 2026)
0
ZBA to issue
pursuant to the
, but subject to
June 2
to allow ZBA to issue
pursuant to the
to allow
d
applicable DPW
s
e
d
(Rev.
with DPW street excavation with
Permit
, 2025
r grantedr granted
21
WaiveStreet Excavation PermitComprehensive Permitcompliance requirements and State laws.WaiveDrivewayComprehensive Permit, but subject to compliancedriveway requirements.
Zero Prescott0 Prescott StreetOctober
shall
way maintained by
shall be responsible to the
liance with such requirements,
4
No person shall make any excavation or other substantial change in a Town way open to public travel without first obtaining a permit therefor from the Director of Public Works. Such
a permit shall be granted only upon a written application therefor, which contain such information as to the proposed excavation change as the Director of Public Works may require,
and the permit may contain any reasonable requirements, including the applicant's procurement of an adequate performance bond assuring his compthe amount of such bond to be set by the
Director of Public Works. In the event that such excavation cannot be completed within 12 hours, the Director of Public Works shall forthwith make all necessary repairs. The applicant
Town for the incident expenses. No driveway or other means of access to privately owned property from any public way or any the Town or shown on an approved subdivision plan shall be
constructed unless a permit for its entry into said way shall first have been issued by the Director of Public Works.
Street Excavation PermitsDriveway Permits
s
3. 4.
--
§ 170Street excavation § 170Driveway
List of Waivers
--
Chapter 170. Streets and SidewalksChapter 170. Streets and Sidewalks
Zero Prescott
3.4.
as
overhead
,
, 2026)
pole
0
for the
June 2
existing
to allow
(Rev.
required by public utilities.
granted
, 2025
and other above ground utilities
21
,
Waivedinstallation, construction, replacement or upgrading of anywiremay be
Zero Prescott0 Prescott StreetOctober
3.
-
nd
construct,
5
No utility shall install or except by way of replacement or upgrading of existing facilities, any poles and overhead wires and associated overhead structures upon, along or across any
public way within the parts of the Town listed in § 175Any poles and overhead wires aassociated overhead structures installed or constructed in violation of this bylaw shall be immediately
removed by the utility responsible therefor.
Installation of new poles or overhead wires prohibited.
,
2
-
3.
-
§§ 175175
List of Waivers
--
Chapter 175. Underground Utilities
Zero Prescott
5.
WN
TO
roject
, 2026)
0
June 2
NORTH ANDOVER
on the Property,
ermit the P
(Rev.
. P
d
(
, 2025
21
r granted
as provided in the Comprehensive
Zero Prescott0 Prescott StreetOctober
PROPOSED Waiveuses described belowand Permit.
, the following
including accessory
No private or public way giving
6
are hereby expressly prohibited,
In the zoning districts designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof
and uses accessory thereto are permitted. All other buildings and uses uses except uses which are similar in character to the permitted uses shall be treated as requiring a special
permit.access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district.
REQUIRED
;
)
Permitted UsesAccessory Uses.
DESCRIPTION
THE 2025 ANNUAL TOWN MEETING DISSOLVED ON MAY 13, 2025
4.1.
-
THROUGH
SECTION§ 195
EG.
R
/
List of Waivers
--
4.1. General
-
NORTH ANDOVER ZONING BYLAW (CHAPTER 195 OF THE TOWN CODE), ADOPTED BY THE NORTH ANDOVER
ODE
C
195
rovisions.
ARTICLE 4. BUILDINGS AND USES PERMITTEDPart 1. District Use Regulations§P
Zero Prescott
EETING, AS AMENDED
.
MZONING
OWN OF
6
T
as ;
y
il
other
together
,
park,
as may be
;
280
, 2026)
0
s
Plans and
s and
bike repair
Site
-
wash/
June 2
Final
stories, along with
(Rev.
to permit the Project
connection
and other appurtenant
d
multipurpose community
leasing office, a
marketing trailer(s)
;
resident workspace
, 2025
.
recreational open space,
21
which may include one or more
to serve the Project and other
and
r granted
;
Zero Prescott0 Prescott StreetOctober
Waiveuses as shown on the described within the Comprehensive Permit, consisting of a total of multifamily dwelling units within the multifamily structures, designed to vary in height
from 4 to 5 accessory indoor space including a management/mail/package room, and amenity space for uses of the following, including:fitness centerspacewith outdoor common area spaces,
as well as other associated uses, including without limitation, a dog courtyards, trailstructures, utilities, an ongenerator, utility transformerrequired by utility companies, play
area, parkingexisting reserved parking rights for the East Mill and West Mill complexdriveway access, water, sewer, electrical and stormwater management, signs, earth movement to construct
Project improvements, uses and improvements customarincidental to such residential uses. Also allow the use of a temporary construction/commencing prior to constructioncommencement
until Project construction completion
or
7
,
.
, public
Industrial S
use structures
-
ultifamily
and
use structures for
ixed
-
dwelling units
.
6
ultifamily dwellings
ny accessory use
ixed
and m
m
above
,
up to
do not allow for multifamily
7
; Downtown Overlay District
Note 1
ownhouses
Residence 4 DistrictDistrictresidence use and customary accessory usesSubdistrict A allows mdwellingstby right, and mmore unitsuses allowed by special permitgarages, and acustomarily
incident to any of the above permitted uses, provided that such use shall not be noxious or dangerous to the neighborhood See
Permitted Uses; Uses by Special Permit
-
,
,
,
195
4.3.
;; and,
-
.
district
4.16.18.9.
-
--
95
§§ 195Residence 4 District195Industrial S DistrictSubA: Historic Mill Area1through 18.20
;
Part 2.
;
List of Waivers
--
Part 4.
ARTICLE 18.
;
ARTICLE 4. BUILDINGS AND USES PERMITTEDPart 2. Residential District Permitted UsesIndustrial District Permitted Usesand, DOWNTOWN OVERLAY DISTRICTPart 1. General ProvisionsSubdistrict
A: Historic Mill Area
Zero Prescott
.
7
to be
, 2026)
0
June 2
or considered to
movement to
(Rev.
. Earth
, 2025
21
arth removal incidental to
Zero Prescott0 Prescott StreetOctober
Waived unless exemptbe edevelopment, construction or improvementsconstruct Project improvementsgoverned by the Comprehensive Permit.
5.6,
-
, including
5.1H
-
5.4, Permits for earth
-
5.5, Earth removal
-
public or private, in
er § 195
5.1H.8 which exempts activities 8
-
Excavation, removal, stripping, or mining of any earth material on any parcel of land, North Andover is prohibited, except as allowed by § 195removal; § 195incidental to development,
construction or improvements; and § 195Miscellaneous removal of earth, unless exempt und§ 195for which the ZBA has issued a comprehensive permit.
Earth Removal Requirements; Exemptions
-
.
1
195
5.
-
§§ 195through 5.9.
List of Waivers
--
ARTICLE 5. EARTH MATERIALS REMOVAL
Zero Prescott
.
8
, as
of
signs
feet
, along
no later
limited
off
5
Final
, 2026)
as shown
0
as shown on
from this
identifying the
corner
intersection
to allow
s
ted
mounted
June 2
building front d
-
square feet and no
near the Project
ighting
directory sign
l
6
on
at the
gran
the retention of the
Street
(Rev.
. Also allow (a) one
reet
illuminated construction
to be determined and
ground
-
site sign pertaining to the
he site signage will be
week following the date of
-
r granted
a
exceed
1
with a final height and
-
sought
, 2025
,
to
its entirety to permit the
Plans with any/all intended
and t
-
21
High St
ry sign shall be removed
,
signage and
nassociated entrance/canopy
Waive
and Prescott
within
Final
ts not
roject and directing residents to its
Zero Prescott0 Prescott StreetOctober
A waiver is Article iProject the signage to include existing with one (1) monument entry sign driveway entrance with subdivision roadway High Plocationlandscaped and externally illuminatedwell
asto be located near entrancessquare footage presented to the Zoning Board of Appeals during the course of the Comprehensive Permit reviewon the Final Planstemporary nonsign of no more
than 64 square feet in size from the commencement until completion of construction; and (b) one temporary onadvertisement of the lease of dwelling uniportion of which is greater than
above ground level which such temporathan the signing of the last lease, with signage details included in the Plans.
Note 1.
y line or 20
Sign master
In addition to
See
. (
4, Industrial S,
-
18.19
-
, and 1 ground sign
Section 6.6.G. allows
gns may be installed,
§ 195
si
9
Downtown Overlay District
) of the Downtown Overlay District
Signs allowed with Rand Subdistrict A.Industrial District wall signs up to atotal area not exceed 20% of the area of the side of the building to which they are attached or 200 square
feet, whichever is lessfor each street on which the property fronts at a maximum of 100 s.f. per sign, set back at least 40 feet to any property line and no more than 20 feet in height.
(3) One ground sign, containing the name or other identification of the use on the property, for each street on which the property fronts; each sign is limited to an area of 100 square
feet. Such sign shall not be located closer than 40 feet to any propertfeet above ground level.the above, planSubdistrict A allows for the approval of a sign master plan as a part of
a Subdistrict A Special Permit, and upon approval, removed, and replaced with the approval of the Building Inspector, provided that such signage conforms to the signage plan approved
in the definitive plan decision.
Signs and Lighting
-
-
195
6.1.
§195
-
aster
M
195;
7
lan
§§ through6.18.19. Sign P
List of Waivers
--
ARTICLE 6. SIGNS AND SIGN LIGHTING REGULATIONS
Zero Prescott
.
9
Plans.
, 2026)
0
Final
June 2
3, of the
-
(Rev.
, 2025
21
Zero Prescott0 Prescott StreetOctober
light spillover across the southerly lot boundary only in the areas depicted on the Lighting Plan, L
10
List of Waivers
--
Zero Prescott
the
, 2026)
4 Zoning
0
compliance
-
Site
are as
below.
and
June 2
are described
Plans.
S and R
195 Attachment 3,
(Rev.
the Downtown Overlay
Final
Plans as compliant are
ndustrial
I
, 2025
Subdistrict A
are illustrated
21
and described in the
Article 7 and
. In addition,
Zero Prescott0 Prescott StreetOctober
All of the dimensional requirements under Town of North Andover Table 2: Summary Of Dimensional Requirements,not otherwise shown on the Development waived Comprehensive Permit depicted
on the compliance with the dimensional requirements of Districtbelowwith dimensional requirements under underlying Districts
by
the Downtown
located within
Note 1 above.
4 Zoning Districts.
-
Subdistrict A
See
S and R
also entirely
-
is
Bylaw.
11
Article 18, Part II,
The Project Lot is bisected by both the IndustrialThe Lot the Downtown Overlay DistrictSubdistrict A, all as described in the Zoning If the Project was proposed under the Zoning Bylaw,
it would be proposed under Overlay DistrictSpecial Permit. .
-
4,
-
Dimensional Requirements for RIndustrial S, and Downtown Overlay DistrictSubdistrict A
-
7.1.
-
195
Town of
,
§§ 195through 1957.8.; Attachment 3NorthAndover Table 2: Summary Of Dimensional Requirements
,
;
List of Waivers
--
ARTICLE 7. DIMENSIONAL REQUIREMENTS195 Attachment 3, Town of North Andover Table 2: Summary Of Dimensional RequirementsArticle 18, Part II (Subdistrict A)
Zero Prescott
.
0
1
-
of
Y
-
N
(Y/N)
N
N
N
a
Y
e
, 2026)
0
Waiver
)
S)
4
requir
-
-
permit
(I
(R
June 2
8
7
Feet
Note 1.
requirements below
.0
(Rev.
Feet
See
36
>150 Feet
Proposed
, the
19.9 Feet
since a project proposed
17.5
, 2025
ed for informational purposes
.f. 267,063 s.f.
21
provid
150 Feet
Zero Prescott0 Prescott StreetOctober
Pursuant to Chapter 40B Rules described districts where the project site is located; there shall be no requirement to obtain waivers from the special Accordingly, under Subdistrict
A would special permitare only. Existing 267,063 s> 34.4 Feet 45 Feet N/A N/A N/A 1.70:1
:0
4
.0
3
:0 by
N/A
.0
20 Feet
50,000
by Special
the
20 Feet
Required
Subdistrict
when not
right; 2
(Abut Res.)
2
istrict located
d
35 Feet (Abut Res.)
ot front, side and
35 Feet (Abut Res.)
fo
-
35 Feet
1
by Special Permit.
N/A
Subdistrict A.
trict A.
12
the Downtown Overlay District
Subdistrict A
Note 1 above.
-
is as follows:
Requires a 35Following Setbacks Apply Front Side Rear
If the Project was proposed under the Zoning Bylaw, it would be proposed under Subdistrict ASeeFor purposes of illustration, the dimensional requirements of Downtown Overlay DistrictA
DOT Min Lot Area (s.f.)Min. Street Frontage (ft) Min. Setback (ft)--rear yard setback when abutting a residential district located outside of Subdis--abutting residential outside
-- -- -- Floor Area Ratio (Max.) 1
-
4,
-
Dimensional Requirements for RIndustrial S, and Downtown Overlay DistrictSubdistrict A
-
7.1.
-
195
Town of
,
§§ 195through 1957.8.; Attachment 3NorthAndover Table 2: Summary Of Dimensional Requirements
,
List of Waivers
North
--
ARTICLE 7. DIMENSIONAL REQUIREMENTS195 Attachment 3, Town of Andover Table 2: Summary Of Dimensional Requirements (Continued)
Zero Prescott
.
1
1
35
a
N
Subdistrict
Subdistrict
--
--
, 2026)..
0
55 Feet Y
June 2
the designated zoning
dential zoning district
Note 1.
dential zoning district located
ct or within 100 feet of the
18.16.(A)(2)(a)18.16.(A)(2)(a)
--
(Rev.
See
S District, or within 100 feet of
-
§ 195§ 195
S Distri
-
, 2025
Downtown Overlay District
Downtown Overlay District
21
ht in excess of 35 feet, but not more than 55
no greater than
within the
within the
Zero Prescott0 Prescott StreetOctober
33% 34%N/A
as provided under as provided under
, as well as the segment of the subdivision roadway
urposes;
5
6
mounted solar collectors, and other accessory structural features
-
is also located
is also located
ote 1 above.
PermitBy Special Permit
55 Feet
Footn
in
High Street and Prescott Street
4 Zoning District but
mounted solar collector shall exceed two feet in height unless a waiver is granted by the
-S Zoning District but
-
-
18.16.(A)(2)(a)
istrict located outside Subdistrict A.
-
d
the Subdistrict A lot line abuts a residential zoning district located outside Subdistrict A,
13
§ 195
feet in building height by right where located within the underlying I
. See
owever, no roof
Lot Coverage (Max.) N/AHeight Max. (ft)
But when
.
All yards of the Lot not abutting High Street and Prescott Street, as well as the segment of the subdivision
manufacturing building shall exceed a height of 65 feet from the ground;
-
below. The first 15 feet of the setback abutting the residential zoning district shall remain open and green, be suitably
from any side or rear lot line for all newly constructed buildings, where not abutting a residential zoning district
The portions of the Lot abutting
B
or rear yards
below. The first 15 feet of the setback abutting the residential zoning district shall remain open and green, be suitably
18.16.
B
n
18.16.
n
rmit.
to Subsectio
foot setback is required
-
are front setbacks.
to Subsectio
Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in
when the Subdistrict A lot line abuts a residential zoning district located outside Subdistrict Awhen the Subdistrict A lot line abuts a residential zoning district located outside Subdistrict
A
A 35 foot setback of a new building from the Subdistrict A boundary is required when the Subdistrict A lot line abuts a resi
A twenty
A 35 foot setback of a new building from the Subdistrict A boundary is required when the Subdistrict A lot line abuts a resi
--
--
--
New buildings and structures shall be limited to 55
(a)
not adjacent to the Lot, are side yards
S Zoning District boundary by special permit; and where such buildings or structures are not located within the underlying I
-
built upon, unpaved, and not parked upon.built upon, unpaved, and not parked upon.
--
S Zoning District boundary, the height limit shall be 35 feet by right, and such building or structure having a building heig
List of Waivers
-
--
adjacent to the Lot,
18.16.(A)(2)(a)
street line
-
18.16.(B)(2)
18.16.(A)(2)(a)18.16.(A)(2)(b) 7.4. Building height.
-
---
195
195
195
here is no applicable front setback in Subdistrict A when not abutting a residential
§
§
1§ T§ 195This setback of 17.5 Feet is located within the portion of the Lot within the underlying RThis setback of 19.9 Feet is located within the portion of the Lot within the underlying
I§ 195
1 located outside Subdistrict A, subjectlandscaped, un 2 outside Subdistrict A, subjectlandscaped, unstreet line 34 located outside Subdistrict A, subject to Subsection 18.16.B below.roadway
foot setback of a new building from the Subdistrict A boundary is required 7 A requires a 35 Foot setback 8 A requires a 35 Foot setback Ў the underlying Iunderlying Ifeet, shall be
permitted only by special pe 6 districts shall not apply to:B. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, roofusually
erected at a height greater than the main roofs of any buildings. HPlanning Board;C. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in
no way used for living pD. And further provided that no such structural feature of any non Zero Prescott
Y
N
(Y/N)
Y
Y
N
NY
Y
N
ot is
L
imensions
, 2026)
D
0
Zoning
as shown on
Waiver
S
Feet
-
Feet
:1
June 2 10
Plans.
55 Feet
Feet
29.257
7.5
70
4 and I
(Rev.
-
9.9
, given that the
36.0
36.6
1
>150 Feet
Proposed
dimensions are
, 2025
.f. 267,063 s.f. N
21
Development
no greater than
150 Feet
Zero Prescott0 Prescott StreetOctober
Waived but the Site provided are based upon the entire lotwhere applicablebisected by the RDistricts. Existing 267,063 s > 34.4 Feet 45 Feet N/A N/A
1.33% 34% N/A
5
S Districts.
-
(3
and I
4
-
55 Feet
Required
Feet abutRes.)
20 Feet
30 Feet
d upon.
14
9
Front 30 FeetSideRear
S
-
I Min Lot Area (s.f.) 50,000 s.f. Min. Street Frontage (ft) 150 FeetMin. Setback (ft)---- -- Floor Area Ratio (Max.) 0.50:1Lot Coverage (Max.)
35%Height Max. (ft)
, given that the lot is bisected by the R
foot side or rear setback shall be required. The first 15 feet of the total setback abutting the residential district shall
-
-
4,
-
where applicable
built upon, unpaved and not parke
-
Dimensional Requirements for RIndustrial S, and Downtown Overlay DistrictSubdistrict A
-
7.1.
-
195
Town of
,
§§ 195through 1957.8.; Attachment 3NorthAndover Table 2: Summary Of Dimensional Requirements
based upon the entire lot
,
to residential districts, an additional fifteen
List of Waivers
--
Dimensions provided are
FN2. Adjacent
ARTICLE 7. DIMENSIONAL REQUIREMENTS195 Attachment 3, Town of North Andover Table 2: Summary Of Dimensional Requirements (Continued)
9 remain open and green, be suitably landscaped, un 10 Zero Prescott
.
2
1
ot is
L
Y
N
N
Y
imensions N
, 2026)
0
Zoning
S
Waiver (Y/N)
-
June 2 12
Feet
Feet Y
4 and I
(Rev.
-
, given that the
29.2 Feet
36.0
17.5
>150 Feet
Proposed
, 2025
.f. 267,063 s.f. N
21
no greater than 55 Feet
.
150 Feet
N/A 1.70:1 N
Zero Prescott0 Prescott StreetOctober
Waived but dimensions are as shown on the Site Development Plans. Dprovided are based upon the entire lotwhere applicablebisected by the RDistricts. Existing 267,063 s> 34.4
Feet 45 Feet N/A \\33% 34% N/A
S Districts
-
Feet
4 and I
100
-
30 Feet
N/A
N/A
30 Feet
Required
35 Feet
15 Feet
)
11
not parked upon.
15
4
Front & FN2Side Rear
-
R Min Lot Area (s.f.) 12,500 s.f.Min. Street Frontage (ft Min. Setback (ft)------ Floor Area Ratio (Max.) Lot Coverage (Max.) Height Max. (ft)
, given that the lot is bisected by the R
foot side or rear setback shall be required. The first 15 feet of the total setback abutting the residential district
-
-
4,
built upon, unpaved and
-
-
where applicable
Dimensional Requirements for RIndustrial S, and Downtown Overlay DistrictSubdistrict A
-
7.1.
-
§§ 195through 1957.8.; 195 Attachment 3, Town of North Andover Table 2: Summary Of Dimensional Requirements
,
List of Waivers
Adjacent to residential districts, an additional fifteen
--
2.
--
FN 2 Dimensions provided are based upon the entire lot
ARTICLE 7. DIMENSIONAL REQUIREMENTS195 Attachment 3, Town of North Andover Table 2: Summary Of Dimensional Requirements(Continued)
11 shall remain open and green, be suitably landscaped, un 12 Zero Prescott
.
3
1
PlansPlans
, 2026)
0
shall be as
shall be as
June 2
Plans.
Development Development
Plans
(Rev.
shall be as depicted on the
, 2025
Lot Coverage
Building HeightFAR
21
Development
Development
Zero Prescott0 Prescott StreetOctober
Waived. Yards shall be as depicted on the Site Waived. depicted on the Site Waived. depicted on the Site Waived. Site
4)
-
"Lot
.
7.3. Yards (setbacks).16
-
.
§ 195Minimum front, side and rear setbacks shall be as set forth in Table 2Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (RDistrict,
where the setback from the side street shall be 20 feet minimum.Maximum heights of buildings and structures shall be as set forth in Table 2Maximum lot coverage by buildings shall be
as forth in Table 2coverage" shall mean the percent of the lot covered by principal and accessory structures.Maximum floor area ratio (FAR) shall be as set forth in Table 2.\[1\] "FAR"
is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located.
Required yard setbacks.Maximum building height; exceptions.Maximum lot coverage.Maximum FAR
.
7.3. 7.47.57.6
----
coverage
§ 195Yards§ 195Building height§ 195Lot § 195Floor area ratio.
List of Waivers
--
ARTICLE 7. DIMENSIONAL REQUIREMENTS
Zero Prescott
....
4567
1111
sp
sp
7
7
0ed in
and
-
6
6
parking
.8
.00 sp
fin
8
on Property
7
Existing
-
parking 4
prior
6
, 2026)
192.00
226
0
2
scrib
to be shared
6
, subject to
prior Planning
parking
=
surface spaces
June 2
(as de
parking spaces to
and all on
.
,Project parking,
100
spaces/unit)-
Project
-
(Rev.
where a total of 4
ote 14 below.
, including 3
7+
,
shared
66
Footn
, 2025
for no less than a total of 467
are hereby modified to allow
DU @ 1.25/DU
21
(or 1.
See
exclusive
1 BR DU @ 1.5/DU= 2 & 3 BR DU @ 2.0/DU=
Property so as to allow the non
+
-
the Property
studio
7
286
Zero Prescott0 Prescott StreetOctober
Waived to allow for a total of 4spacesoff garage spaces and on the Propertyparking spaces are requiredthe provisions below 391113 Total Required Parking Spaces = 4 Total Residential
Spaces Provided = 4 Also allow nonbe made available to the Project both on and off the Propertyparking for the Project may be shared with other users of the Mill Complex, consistent
with current parking practice.Also allow for nonpreviously approved for the Mill Complex under Board special permitsthe Comprehensive Permit) with Project parking, and such Planning
Board special permits Approvals for Project and nonincluding shared parking, on and near the Project parking to lawfully continue to
Street
-
18.18.B.(1) of
-
Street Parking
-
street parking
-
and § 195
14
1 BR units; and,
r
13
8.4. Off 17
-
§ 195requirements, and Table of OffParking regulations require the following spaces for multifamily units: 1.25 sp/du for studio units1.5 sp/du fo2.0 sp/du for 2 or more BR units.
Note 7 to Table of OffRegulationsthe Downtown Overlay District Subdistrict A.
Parking Requirements
8.1.
-
8.8.
-
195
§§through195
,
Street
-
List of Waivers
--
ARTICLE 8. SUPPLEMENTARY REGULATIONSPart 1. OffParking and Loading
Zero Prescott
.
8
1
-
so
rict,
.
Subdistrict A,
, 2026)
--
0
street parking is
-
Plans
June 2
Final
t.
g Demand Study
(Rev.
exist with the Project
-
all as described in the
s,
, 2025
21
s of the Downtown Overlay District
do so because the Parkin
ed to invoke the parking provisions of Section §
Zero Prescott0 Prescott StreetOctober
exist and to coparking useComprehensive Permi Waived. Parking location and layout to be as depicted on the
utton Street to Merrimac Street, including 200 feet
ch\] shall be deemed included in the parking count for
-
In appropriate circumstances, where the provision of adequate off
location requirements for
18
Second Street, and School Street; (ii) Sutton Street from Main Street to Charles Street; (iii) Water Street
Various parking in residential and nonresidential districts.
18.18.B.(1) (Site and design standards) of the Downtown Overlay District Subdistrict A Zoning Dist
-
riod, there is adequate parking for the Project.
street parking within the determination of adequate parking arrangements for a particular use, particularly in the
-
-
treet parking within 100 yards of a parcel shall be deemed included in the parking count for the property.
Location and layout of parking facilities.
8.4. (Off
-
-
, Subparagraph A., of § 195
Site and design standards
7.
List of Waivers
--
18.18.B.(1).
-
Under Note Pursuant to (
13 not otherwise feasible, the Planning Board may include oncalled "Downtown Area," which for the purposes of this Part 1 shall be defined as the following areas: (i) Main Street from
Sfrom Main Street on the following side streets: Waverly Road, First Street,from Main Street to High Street; and, (iii) High Street from Water Street to Prescott Street.noted that it
could also invoke the parking provisions of Section § 195toward the required parking for a project to meet zoning compliance and which the Applicant could have requested but did not
demonstrates more than adequate parking to satisfy the parking needs of the Mill Complex including the Project without the ne195 14 parking within a 100 yard radius, the Project complies
with parking requirements under the Zoning Bylaw using these provisionand combined with the significant excess parking at peak pe Zero Prescott
.
19
, 2026)
0
June 2
(Rev.
, 2025
21
Zero Prescott0 Prescott StreetOctober
Waived. See Note 1. Waived in its entirety. To be governed by Comprehensive Permit. See Note 1.
-
)
, and
)
8.18.
-
Common
use
-
8.18.
-
Street Parking
§ 195
Commercial and
-
Modification of
(
Part 4. Screening
(D.4.);
§ 195
(
Reduction in parking
under
districts
Modification of screening
8.8.D. for:
-
(D.5.);
Parking on a separate
19
for properties in
Residential
Allows for parking special permits under 195parking/loading area design standards(D.2.);lot/satellite parkingparking areas and multiplefacilities(D.7.); and,and landscaping requirements
for offstreet parkingand Landscaping of OffAreasIndustrial Districtsis (D.8.)Applicability, standards, procedures and other requirements including a Planning Board Special Permit for
Site Plan review.
Special permits for parking.Site Plan Review
-
195
8.10.
-
§§ 195through 8.17.8
List of Waivers
--
Zero Prescott
..
01
22
, 2026)
0
June 2
(Rev.
ee Note 1.
s
Note 1.
, 2025
Screening and Landscaping to
21
but
See
Zero Prescott0 Prescott StreetOctober
Waived.be as shown on the Site Development Plans. Waived
-
street
-
shall be
, unless
4 Zoning
(Residential
-
(8), allows for the , and
B.
the garaging or off
protected and shall
8.8.D.8.20.
S and R
--
-
20
.
Describes certain screening and landscaping requirements for both industrial and residential districts, but does not address standards for a lot split by an IDistricts. Under § 195modification
of screening and landscaping requirements for offparking by special permit. Under § 195districts), allows street parking of an additional two commercial vehicles by special permit.
All natural slopes exceeding 33% (3:1) over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision
or on a building lot are remain undisturbedexcluded from the calculation of the minimum lot area required for the applicable zoning districtgranted a Planning Board Special Permit See
Note 1
§
8.18.
-
8.20.
-
§ 195Commercial and Industrial Districts, and 195Residential districts. Undisturbed slopes; Exclusion from min. lot calculation; special permits.
-
-
, and 195
.
-
195
8.18.8.20.
&
--
;
;
§ 195Commercial and Industrial Districts§ 195Residential districts §§ 1958.58.8.598.59.
, ,
List of Waivers
--
Street
-
ARTICLE 8. SUPPLEMENTARY REGULATIONSPart 4. Screening and Landscaping of OffParking Areas ARTICLE 8. SUPPLEMENTARY REGULATIONSPart 9. Lot/Slope Requirements
Zero Prescott
..
23
22
retains
, 2026)
0
Inspector
June 2
governed by the
(Rev.
and
, 2025
21
See Note 1.
based upon compliance with the
the affordability requirements and
Zero Prescott0 Prescott StreetOctober
Waived in its entirety. To be governed by restrictions on Chapter 40B and the Project subsidizing agency requirements, as provided in the Comprehensive Permit.Waived in part. Building
authority to enforce the Zoning Bylaw but as modified by the Zoning Bylaw waivers granted Comprehensive Permit.Waived to allow occupancy permit to be issuedterms of the Comprehensive
Permit and Mass. State Building Code.Waived.See Note 1.
law and of
by Special
procedures
aside,
-
residential projects
21
.
Includes mandated setrestrictions, terms and other requirements for affordable housing within PermitThe Building Inspector shall not issue any such permit unless the plans for the building
and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning Bylaw (and other applicable Town bylaws),No building or land changed from one use to
another, in whole or in part, shall be occupied or used until a certificate of use and occupancy has been issued by the Building Inspector. This certificate shall certify compliance
with the provisions of this byall applicable codes.Applicability, criteria, and for the issuance of special permits.
Inclusionary Housing RequirementsBuilding permits.Certificate of use and occupancy.Special permits.
-
8.95.
-
10.2. 10.3.10.7.
---
§§ 195through 1958.108§ 195§ 195§ 195
,
List of Waivers
--
ARTICLE 8. SUPPLEMENTARY REGULATIONSPart 13. Inclusionary Housing Requirement
Zero Prescott
....
4567
2222
,
, 2026)
0
June 2
Comprehensive
.
(Rev.
but as modified by the
, 2025
21
and Final Plans
PROPOSED
Zero Prescott0 Prescott StreetOctober
Waived. Building Inspector retainsauthority to enforce the Zoning BylawGeneral Bylaws, and other local requirementsZoning Bylaw waivers granted and governed by the Comprehensive Permit.
Waived. Uses, design and other criteria to be governed by the Permit See Note 1.
(15)
), of
, and
bylaw shall
bylaw is
(1) Multifamily
zoning
Permitted uses
zoning
. Subdistrict A also
B.(
use structures for uses
-
bylaw imposes a greater
10.10. Conflict of laws.18.13.22
--
location of buildings and structures
REQUIRED
195
§ 195In general, this supplementary to other North Andover bylaws affecting the use, height, area, and and the use of premises. Where thiszoningrestriction upon the use, height, area,
and location of buildings and structures and the use of premises than is imposed by other bylaws, the provisions of this control. § Subdistrict A allows the following uses by special
permit: dwellings, seven or more units;(2) Mixedallowed by special permitAny accessory use customarily incident to any of the above permitted uses, provided that such use shall not
be noxious or dangerous to the neighborhoodincludes other use, dimensional, design, and procedural
Conflict of laws. Zoning Overlay District
DESCRIPTION
COMPREHENSIVE PERMIT RULES AND REGULATIONS OF THE ZONING BOARD OF APPEALS
§
18.9.
-
10.10.
-
18.20
-
§ 195 §§ 195through 195
TITLE
.
Part 2.
,
List of Waivers
--
ARTICLE 18DOWNTOWN OVERLAY DISTRICTSubdistrict A: Historic Mill Area
TOWN OF NORTH ANDOVER (MARCH 13, 2001, REV. 2006)REGULATION
Zero Prescott
..
8
229
.
seq
et
, 2026)
.
0
two (22) sets of
-
June 2
, but as further described
(Rev.
. to 760 CMR 56.00
, 2025
seq
21
to replace reference from 760 CMR to allow the placement of any
et
Waived31.00 Waived. A total of twentyplans at 11 x 17 size, plus two (2) sets of as directed by staff.Waived. To allow ZBA to solicit peer review customary practices.PROPOSED Waivedwork
within newly paved public ways, if necessaryin the Comprehensive permit
Zero Prescott0 Prescott StreetOctober
be on sheets
"= 2
to
1
o excavation or
REQUIRED Nchanges allowed in roads which have been paved in the past three (3) years. Requests for a street opening permit will be denied during this period except in cases of emergencies
as determined by the DPW Director or his designee.
all plans
23
ZBA Rules cite to superseded version of the Chapter 40B regulations at 760 CMR 31.00 et seq.Requires 24" x 36" in size, at a scale of inch equals forty feet (l" = 40'). Detailed areas
may be at (Requires bid process through M.G.L. c. 30B.
Reference to State Chapter 40B Regulations Plan Size Peer review proposals and bids DESCRIPTION Restrictions for Altering Newly Paved Public Ways
(OTHER LOCAL REQUIREMENTS)
4
All Regulations3.01(i)4.01 through 4.07 TITLE Section
List of Waivers
--
Sections 1.00 through 7.00Section 3.01Section 4.0 TOWN OF NORTH ANDOVER REGULATION Town of North Andover Division of Public Works Policy & ProceduresPavement MoratoriumRevised September
26, 201
Zero Prescott
...
012
33.
333