Loading...
HomeMy WebLinkAboutWaiver List - 7.1.26 - Miscellaneous - 0 Prescott Street 7/1/2026 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 LIST OF WAIVERS The Applicant requests the North Andover Zoning Board of Appeals ("Board" or "ZBA") approve the following specific waivers for Zero Prescott, a 280-unit residential rental community ("Project"), as shown on the site development plans, consisting of nineteen (19) sheets, entitled, "Zero Prescott, 0 Prescott Street, North Andover, MA" dated October 21, 2025 (Rev. June 19, 2026), prepared by Civil Design Group, LLC (the "Civil Plans"), as amended and as revised within the public hearing; Architectural Drawings including floor plans, units plans, elevations and sections, consisting of fourteen (14) sheets, entitled "Zero Prescott, 0 Prescott Street, North Andover, MA," dated October 21, 2025, Rev. June 19, 2026), 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 following Town of North Andover Local 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. 2006), 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 Board deem waivers necessary to advance the approved Site Development Plans be deemed granted. Portions of the Property are located within the Industrial S (I-S) and Residence 4 (R-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 under § 195-3.2. of the Town of North Andover Zoning By-Law, as amended through the 2025 Annual Town Meeting dissolved on May 13, 2025 as Chapter 195 of the Code of the Town of North Andover (the "Zoning Bylaw"). * Note 1: Pursuant to Chapter 40B Rules described under 760 CMR 56.05(7), "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--List of Waivers 1 Zero Prescott 0 Prescott Street October 21, 2025 (Rev if- h 1, 2026)_ 1 2026 1. Chapter 155 Sewer § 155-3.A. No person shall enter his drain into any Waiver granted to allow ZBA to issue Sewers, § 155- Licenses House drain common sewer without a written license pursuant to the Comprehensive 3.A. connection license from the Board of Selectmen, Permit, subject to- the technical license and any person entering under such requirements of the Water & Sewer license shall comply with such rules Division of the North Andover and regulations as to material and Department of Public Works (DPW). construction as the Board of Selectmen _ - s _ be no w_ v-- of _ p s-w-- may prescribe. Sewer service s- - con e-U on o- s-w-- connection fee of $1000/unit, and - ag on _ sewer mitigation fee of $3.20 per gallon based on Title 5 design flow. 2. Chapter 165. Stormwater § 165-4 and § Required Planning Board Land Waiver granted to allow the ZBA to issue Stormwater Management 250-9. Land Disturbance Permit for land the Stormwater Permit pursuant to the Management and Disturbance disturbance of 43,560 square feet or Comprehensive Permit, subject to the Erosion Control Permit and more of land except as provided under Project complying with Chapter 165. Bylaw, and other Chapters 165 and 250, unless Stormwater Management and Erosion Chapter 250. requirements exempted or waived. Includes Control Bylaw, and Chapter 250. Stormwater requirements for stormwater Stormwater Management and Erosion Management and management plan, fees, design & Control Regulations, nc --_ sue_ = = Erosion Control performance criteria, erosion & the following waivers =-& g-_ _d, (a) Regulations sedimentation control plan, O & M §250-22 C. (4)(g) providing that the plan, recordkeeping, inspection and general outline of existing vegetation, enforcement requirements. wooded areas, significant trees, unique species and tree clusters as shown on the Approved Plans; (b) §250-22 C. (5)(b) requiring profiles of drainage trunk lines where the Applicant has confirmed no conflict and which will depicted on the plans to be filed with the Zero Prescott--List of Waivers 2 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 el ` 20 Project building permit; (c) § 250-23 E. (22) requiring the sizing of drainage pipes to accommodate the 25 year storm eventr vi calculations using Mannings Equation, given that peer drainage plan approved by the NA DPW is acceptable where installation of an 18- inch pipe crossing High Street at the end of Prescott Street from proposed DMH-6, then discharging via an existing 18-inch drain line that increases to a 36-inch drain line at DMH-3D on the AVB West Mill property and then crosses through the AVB West Mill property; and, (d) §250-23 E. (30) requiring all drainpipes pnlypthylpne CHDPE) piper, Or, acceptable. Zero Prescott--List of Waivers 3 Zero Prescott 0 Prescott Street October 21, 2025 (Rev if- h 1, 2026)_ 1 20 3. Chapter 170. § 170-3. Street No person shall make any excavation Waiver granted—to allow ZBA to issue Streets and Street Excavation or other substantial change in a Town Street Excavation Permit pursuant to the Sidewalks excavation Permits way open to public travel without first Comprehensive Permit, but subject to obtaining a permit therefor from the compliance with DPW street excavation Director of Public Works. Such a permit requirements and State laws. shall be granted only upon a written application therefor, which shall 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 compliance with such requirements, the 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 shall be responsible to the Town for the incident expenses. 4. Chapter 170. § 170-4. Driveway No driveway or other means of access Waiver granted to allow ZBA to issue Streets and Driveways Permits to privately owned property from any Driveway Permits pursuant to the Sidewalks public way or any way maintained by Comprehensive Permit, but subject to the Town or shown on an approved compliance with applicable DPW subdivision plan shall be constructed driveway requirements. unless a permit for its entry into said way shall first have been issued by the Director of Public Works. Zero Prescott--List of Waivers 4 Zero Prescott 0 Prescott Street October 21, 2025 (Rev if- h 1, 2026)_ 1 20 5. Chapter 175. §§ 175-2, Installation of No utility shall install or construct, Waived granted to allow for the Underground 175-3. new poles or except by way of replacement or installation, construction, replacement or Utilities overhead wires upgrading of existing facilities, any upgrading of any existing pole, overhead prohibited. poles and overhead wires and wire, and other above ground utilities as associated overhead structures upon, may be required by public utilities. 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. Zero Prescott--List of Waivers 5 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 6. ARTICLE 4. § 195-4.1. Permitted In the zoning districts ..., the following Waiver granted. Permit the Project uses BUILDINGSUses; designated buildings and alterations described below on the Property, and as USES PERM117ED Accessory and extensions thereof and buildings provided in the Comprehensive Permit. Part 1. DistrictUses. 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 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 through a residential district. 7. ARTICLE 4. §§ 195-4.3., Permitted Residence 4 District and Industrial S Waiver granted to permit the Project BUILDINGS AND Residence 4 Uses; Uses by District do not allow for multifamily uses as shown on the ---__ USES PERMITTED District; Special Permit residence use and customary accessory =v—o m - Plans and as described Part 2. Residential 195-4.16., uses; Downtown Overlay District within the Comprehensive Permit, District Permitted Industrial S Subdistrict A allows multifamily consisting of a total of 280 multifamily Uses; Part 4. District; and, dwellings up to 6 dwelling units, dwelling units within the multifamily Industrial District Sub-district townhouses and mixed-use structures structures Permitted Uses; A: Historic by right, and multifamily dwellings 7 or as psc- be Up -i' designed to and, ARTICLE 18. Mill Area, more units, mixed-use structures for vary in height from 4 to 5 stories, along DOWNTOWN 195-18.9. uses allowed by special permit, public with accessory s-_ e =-3 na, = OVERLAY through 195- garages, and any accessory use indoor space including a management/ DISTRICT 18.20. customarily incident to any of the leasing office, a mail/package room, and Zero Prescott--List of Waivers 6 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 Part 1. General above permitted uses, provided that amenity space for uses which may Provisions; Part 2. such use shall not be noxious or include one or more of the following, Subdistrict A: dangerous to the neighborhood. including: bike repair; fitness center; Historic Mill Area multipurpose community space; and See Note 1 above. resident workspace; together with outdoor common area spaces, as well as other associated uses, including without limitation, a dog wash/park, courtyards, trail connections and other structures, utilities, an on-Site generator, utility transformers as may be required by utility companies, children's play area, recreational open space, parking to serve the Project and other existing reserved n_ s _-c parking 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 other appurtenant uses and improvements customarily incidental to such residential uses. Allow the use of a temporary construction/ marketing trailer(s) commencing prior to construction commencement until Project construction completion. 8. ARTICLE 6. SIGNS §§ 195-6.1. Signs and Signs allowed with R-4, Industrial S, A waiver is granted from this Article in AND SIGN through 195- Lighting and Downtown Overlay District its entirety to permit the Project signage LIGHTING 6.7; —§195- Subdistrict A. Section 6.6.G. allows and lighting as shown on the - _---__ REGULATIONS 18.19. Industrial District wall signs up to a =v—o m - Plans with any/all intended Sign Master total area not exceed 20% of the area signage to include the retention of the Plan of the side of the building to which existing High Street directory sign, along they are attached or 200 square feet, with one (1) ground-mounted whichever is less, and 1 ground sign monument entry sign near the Project for each street on which the property driveway entrance at the intersection Zero Prescott--List of Waivers 7 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 fronts at a maximum of 100 s.f. per with subdivision roadway off of High sign, set back at least 40 feet to any Street identifying the Project and property line and no more than 20 feet directing residents to its locations __ in height. 0 D ct o n D n n t t Ex s_ ng a -_ __>, >, , ;:_- (3) One ground sign, containing the . o ...-.._ �--:U : _o R—_-�:, ' ��- - name or other identification of the use M, 2026, D-e-- on the property, for each street on -_�� and the site signage will be which the property fronts; each sign is landscaped and externally illuminated- limited to an area of 100 square feet. _ __ - - -Uge s _ _ s Such sign shall not be located closer -  --_e entrance./-canopy signs on than 40 feet to any property line or 20 building front Q _-_ _ _- f v ground level. Inaddition -=�_�- U� e era-= cam_ feet above g ou dto - = = the above, § 195-18.19. (Sign master as shown on - _ _0 _4 Ian of the Downtown Overlay District v- o m--n_ _ _ns- S--� s U _U-e plan) Y i ri A allows for happroval f - __- -- __ _ _- _ --- • _ --ae t— a-t Subd st ct a o s o the o cons �.�_ �,_�����,_�. �.��_ m r plan r f - � o- a _ n_be- �� - --__ - a sign rite p a as a part o a = = Subdistrict A Special Permit, and upon E9 --mosm-S, _0 D s -own on the approval, signs may be installed, Final Plans._ Also allow (a) one removed, and replaced with the temporary non-illuminated construction approval of the Building Inspector, sign of no more than 64 square feet in provided that such signage conforms to size from the commencement until the signage plan approved in the completion of construction; and (b) one definitive plan decision. See Note 1. temporary on-site sign pertaining to the advertisement of the lease of dwelling units not-to-exceed 6 square feet and no portion of which is greater than 5 feet above ground level which such temporary sign shall be removed no later than within 1 week following the date of the signing of the last lease, with signage details included in the Final Plans. Waiver granted to allow limited light spillover ff-o m Me e-__ s be _ u _ nug across the southerly lot boundary only in the areas depicted on the Lighting Plan, L-3- , of the _ Zero Prescott--List of Waivers g Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 v- o n-- Plans. 9. ARTICLE 7. §§ 195-7.1. Dimensional The Project Lot is bisected by both the All of the dimensional requirements DIMENSIONAL through 195- Requirements Industrial-S and R-4 Zoning Districts. under Article 7 and 195 Attachment 3, REQUIREMENTS, 7.8.; 195 for R-4, The Lot is also entirely located within Town of North Andover Table 2: Attachment195 , Attachment Industrial S, the Downtown Overlay Summary Of Dimensional Requirements, NorthTown of 3, Town of and Downtown District—Subdistrict A, all as described not otherwise shown on the Site Andover Table 2: North Overlay in the Zoning Bylaw. Development Plans as compliant are SummaryAndover District- waived and described in the Dimensional Table 2: Subdistrict A If the Project was proposed under the Comprehensive Permit and are -o- Requirements; Summary Of Zoning Bylaw, it would be proposed _ depicted on Article art 11 Dimensional under Article 18 Part II the Downtown p_ n _f the __ _-{- o m - Plans. (Subdistrict ) Requirement Overlay District—Subdistrict A by s Special Permit. See Note 1 above. For purposes of illustration, the Project's compliance with the dimensional requirements of the Downtown Overlay District—Subdistrict A are described below, -_ _s the underlying Industrial S and R-4 Zoning Districts, are illustrated below _- _ _ - `�_-- _--_ - _-_- _ S ve _=_ -> 1. Zero Prescott--List of Waivers 9 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. uHif-�Ih 1, 2026)_ 1 el ` 2026 10. ARTICLE 7. §§ 195-7.1. Dimensional If the Project was proposed under the Pursuant to Chapter 40B Rules described DIMENSIONAL through 195- Requirements Zoning Bylaw, it would be proposed under 760 CMR 56.05(7), "Zoning REQUIREMENTS, 7.8.; 195 for R-4, under the Downtown Overlay waivers are required solely from "as-of- 195 Attachment , Attachment Industrial S, District—Subdistrict A by Special right" requirements of the zoning NorthTown of 3, Town of and Downtown Permit. districts where the project site is Andover Table 2: North Overlay See Note 1 above. located; there shall be no requirement to SummaryAndover District- For purposes of illustration, the obtain waivers from the special permit Dimensional Table 2: Subdistrict A - - -G_ - ____ _  - -- t _ mD es requirements of the district." Requirements Summary Of with the dimensional requirements of Accordingly, since a project proposed (Continued) Dimensional the Downtown Overlay under Subdistrict A would require a Requirement District—Subdistrict A _ _-3 special permit, the requirements below s = sc- bt=u _ _ W_ V_ as follows: are provided for informational purposes § 195-18.16.(A)(2)(a)—"A 35 foot setback of a new building from the Subdistrict A boundary is required when the Subdistrict A lot line abuts a residential zoning district located outside Subdistrict A,subject to Subsection 18.163 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 proposed setback of 17.5 Feet is located closest to Prescott Street within the portion of the Lot within the underlying R-4 Zoning District but is also located within the Downtown Overlay District--Subdistrict A which requires a 35 Foot setback when the Subdistrict A lot line abuts a residential zoning district located outside Subdistrict A as provided under§ 195-18.16.(A)(2)(a). 4 § 195-18.16.(B)(2)LaINew buildings and structures shall be limited to 55 feet in building height by right where located within the underlying I-S District,or within 100 feet of the underlying I-S Zoning District boundary by special permit;and where such buildings or structures are not located within the underlying I-S District or within 100 feet of the underlying I-S Zoning District boundary,the height limit shall be 35 feet by right,and such building or structure having a building height in excess of 35 feet,but not more than 55 feet, shall be permitted only by special permit. 5 § 195-7.4.Building height. Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: ... B.Nor shall they apply to chimneys,ventilators, skylights,tanks,bulkheads,penthouses,processing towers,roof-mounted solar collectors,and other accessory structural features 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 granted by the Planning Board; C.Nor to domes,bell towers,or spires of churches or other buildings,provided all features are in no way used for living purposes; D. And further provided that no such structural feature of any non-manufacturing building shall exceed a height of 65 feet from the ground;... " Zero Prescott--List of Waivers 10 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. uHif-�Ih 1, 2026)_ 1 ` 2026 only. DOT- Subdistrict A Required Waiver �_ _ -- _ - - n- -  - =_-_ - -_ - _=- - , _ as -_�-, Min. Setback (ft) =b c'- 4 - Feet 44 _, __ �__:�e_ --Requires a 35-foot front, side and Feet rear yard setback when abutting a residential district located outside of Subdistrict A.' � ��• _ b-:_ -- -_ - - ._ --� 34 4 Feet __ - ­scot ®Height Max. (ft) 55 Feet" By Special Permits greater than 55 Feet Zero Prescott--List of Waivers 11 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. mf�Iuh 1, 2026)_ 1 20 Zero Prescott--List of Waivers 12 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 el ` 2026 12. ARTICLE 7. §§ 195-7.1. Dimensional V DIMENSIONAL through 195- Requirements D - s n_ c_ m _c_ s shown on REQUIREMENTS, 7.8.; 195 for R-4, „ =_ �the Site Attachment195 , Attachment Industrial S, Development Plans, s -- NorthTown of 3, Town of and Downtown _ - and s s--b--c_ Andover l North Overlay Con--° n `�_-__ 04 the x:_�_ .{ SummaryAndover District- Dimensional Table 2: Subdistrict A Requirements Summary Of �C n -e ens ve _--r- Dimensional (Continued) Requirement  ' - _ _ --_- S W _ R-4 Required Waiver Min. Setback (ft) ' =,  --Front & FN28 30 Feet 4$X - ,_- -;- _ S -_ ___ - 8 FN 2--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. W y s - t _o ow 1-5 7 Zero Prescott--List of Waivers 13 Zero Prescott 0 Prescott Street October 21, 2025 (Rev Aww?QIQLL 2026)_ 1 edas ` 2026 __Height Max. ft 35 Feet - _ ` _-_ S _ :- of _-esc __ S_- 13. ARTICLE 7. § 195-7.3. Required yard § 195-7.3. Yards (setbacks). a .1- Yards - _y w DIIIENSIONAL Yards setbacks. Minimum front side and rear setbacks zoning By aw except as Ala ved above, REQUIREMENTS shall be as set forth in Table 2... -e s-b ect to Con_ _on V_3_ _4 Buildings on corner lots shall have the = - -- -- s ve _e-t, and _-e as required front setback from both depicted on the Site Development Plans. streets, except in Residence 4 (R-4) District, where the setback from the side street shall be 20 feet minimum. 14. § 195-7.4. Maximum Maximum heights of buildings and Wa° e D-o ect comD s v-_ Building building structures shall be as set forth in Table Building Height -e -- -ements of height height; 2. we Zoning _{ _ - except as N_Ne_ exceptions. - ov, _- depicted on the Site Development Plans- 15. 195-7.5 Maximum lot Maximum lot coverage b buildings a e _-- _ co-Wes_ s v-_ § 9 Y 9 Lot coverage coverage. shall be as forth in Table 2. "Lot Max m--r- Lot Coverage cov rage" shall mean the percent of -.e-_--.-.e -e t s of-�_e Zoa.n � the lot covered by principal and except _ accessory structures. -_ _ -on V_3 �_ - 4 aye Co _-even s ve as depicted on the Site Development Plans- Max m--m _- Cove-age sha not exceed_e -;_ - Zero Prescott--List of Waivers 14 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 el ` 2026 16. § 195-7.6 Maximum FAR Maximum floor area ratio FAR shall _° _ _-o C_ COMD _S W_  --- Floor area be as set forth in Table 2.[1] FAR is M_x m --- FAR ratio. the ratio between the total amount of a Zon - a By _ - _ _ _S W_ V__ building floor area on all usable floors ov e a-e s-- --U _o - -�_ _ n - n h r f h l n which i i - -> - _ - -> -:- and c is �. e as located. depicted on the Site Development Plans- 17. ARTICLE 8. §§ 195-8.1. Parking § 195-8.4. Off-street parking W__v-- sq U-_ _-= to allow for a SUPPLEMENTARYthrough Requirements requirements, and Table of Off-Street total of 467 no n-- c --s vie s _-_- REGULATIONS,L 195-8.8. Parking regulations require the parking spaces (or 1.667+ spaces/unit) Part 1. Off-Streetfollowing spaces for multifamily units: on and off the Property, including 362 Parking -s to parking garage spaces and 100 Loading -s_e surface spaces on the Property, where a total of 467 parking spaces are 1.25 sp/du for studio units required, subject to the provisions 1.5 sp/du for 1 BR units; and, below. 2.0 sp/du for 2 or more BR units. 39 studio DU @ 1.25/DU= 48.80 sp Note 7 to Table of Off-Street Parking 128 1 BR DU @ 1.5/DU= 192.00 sp Regulations10 and § 195-18.18.B.(1) of 113 2 & 3 BR DU @ 2.0/DU= 226.00 sp the Downtown Overlay District - Total Required Parking Spaces = 467 °Under Note 7., Subparagraph A.,of§ 195-8.4. (Off-street parking requirements)states that"In appropriate circumstances,where the provision of adequate off-street parking is not 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 1 shall be defined as the following areas: (i)Main Street from Sutton Street to Merrimac Street,including 200 feet from Main Street on the following side streets: Waverly Road,First Street, Second Street,and School Street; (ii) Sutton Street from Main Street to Charles Street; (iii)Water Street from Main Street to High Street;and, (iii)High Street from Water Street to Prescott Street." In addition to the discretionary parking provisions above,the Applicant has also noted that it could also invoke the parking provisions of Section§ 195-18.18.B.(1)(Site and design standards)of the Downtown Overlay District Subdistrict A Zoning District, which allows an applicant under the Subdistrict A Overlay District to count"street parking within 100 yards of a parcel[which] shall be deemed included in the parking count for the property"which means a project within the Subdistrict A Overlay Zoning District is entitled to count,for zoning purposes,all street parking"within 100 yards of a parcel' toward the required parking for a project to meet zoning compliance and which the Applicant could have requested but did not do so because the Parking Demand Study demonstrates more than adequate parking to satisfy the parking needs of the Mill Complex including the Project without the need to invoke the parking provisions of Section§ 195-18.18.B.(1). Zero Prescott--List of Waivers 15 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 Subdistrict A. Total Residential Spaces Provided = 467+ See Footnote 44 below. Also allow for no less than a total of 467 non-exclusive shared parking spaces to be made available to the Project both on and off the Property, and all on-Property parking for the Project may be shared with other users of the Mill Complex, consistent with current parking practice. Also allow for non-Project parking previously approved for the Mill Complex under prior Planning Board special permits (as described in the Comprehensive Permit) to be shared with Project parking, and such prior Planning Board special permits are hereby modified to allow for Project and non-Project parking, including shared parking, on and near the Property so as to allow the non-Project parking to lawfully continue to exist and to co-exist with the Project parking uses, all as described in Co n_ _on V_-.__ the Comprehensive Permit. 18. § 195-8.6. Location and Various location requirements for layout of parking in residential and non- Wah: _. _�-.a ve- s U-_ ___ parking residential districts - _ ��_ �- 4o- _ =--n- location and layout er p 9 Y facilities. mo ed Dy spe _. _- See -oL--- as depicted o the S_e _evte oo e = Plans., _ _3 ==_-_ n _ -_ _ t on V =- Zero Prescott--List of Waivers 16 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 19. § 195-8.8. Special permits Allows for parking special permits ° � for parking. under 195-8.8.D. for: Modification of parking/loading area design standards -- -e_ _ _ { (D.2.); Parking on a separate --  .- g _-s s-own - lot/satellite parking (D.4.); Common o n 0 _ _ L 0 L n{ __ _ _ 0__- parking areas and multiple-use facilities (D.5.); Reduction in parking sue- D _ n Con_ _on V 9_ _4 (D.7.); and, Modification of screening Co _ns `- _ - and landscaping requirements for off- _See Note 1. street parking under Part 4. Screening and Landscaping of Off-Street Parking Areas for properties in Commercial and Industrial Districts (§ 195-8.18.), and is Residential districts (§ 195-8.18.) D.8. 20. ARTICLE 8 §§ 195-8.10. Site Plan Applicability, standards, procedures Waived s U-_ _-= in its entirety. To be SUPPLEMENTARY through 195- Review and other requirements including a governed by Comprehensive Permit. REGULATIONS, 8.17.8 Planning Board Special Permit for Site Plan review. See Note 1. Part 3. Site Plan Review 21. L 1 - .1 1 - .1 . Describes certain screening n yved _ - �.� v-- s a-ante§ 95 8 8 § 95 8 8 esc bes ce to sc ee gad �_ �_ �� ,- � � _ _�_, SUPPLEMENTARYCommercial Commercial landscaping requirements for both W _ sc--- nu- and g=4_i� __- REGULATIONS, and and Industrial industrial and residential districts, but beee _ _sc a as shown on the Site Part 4. ScreeningIndustrial Districts, and § does not address standards for a lot Development Plans. See Note 1. and Landscaping Districts. 195-8.20. split by an I-S and R-4 Zoning of Off-Street Residential Districts. Parking r districts. Under § 195-8.8.D.(8), allows for the modification of screening and landscaping requirements for off-street parking by special permit. Zero Prescott--List of Waivers 17 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 E---- _ - -- 2-31 ARTICLE 8. §§ 195-8.95. Inclusionary Includes mandated set-aside, Waived in its entirety. To be governed SUPPLEMENTARY through 195- Housing restrictions, terms and other by the affordability requirements and REGULATIONS, 8.108 Requirements requirements for affordable housing restrictions on Chapter 40B and the Part 13. within residential projects by Special Project subsidizing agency requirements, Inclusionary Permit. as provided in the Comprehensive Housing Permit. See Note 1. Requirement § 195-10.2. Building The Building Inspector shall not issue Waived in part. Building Inspector 24, ARTICLE 10. permits. any such permit unless the plans for retains ADMINISTRATION the building and the intended use authority to enforce the Zoning Bylaw thereof in all respects fulfill the but as modified by the Zoning Bylaw = - provisions of the North Andover Zoning a - waivers granted and governed by Bylaw (and other applicable Town the Comprehensive Permit. bylaws), Zero Prescott--List of Waivers 18 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 20 § 195-10.3. Certificate of No building or land changed from one use and use to another, in whole or in part, Waived to allow occupancy permit to be occupancy. shall be occupied or used until a i ued -. ->- • certificate of use and occupancy has based upon compliance with the M_--_ been issued by the Building Inspector. - - nu- Co. .-n. terms of the This certificate shall certify compliance Comprehensive Permit==- -_ - _-___ with the provisions of this bylaw and of --- d- ��. all applicable codes. § 195-10.7. Special Applicability, criteria, and procedures a�� ® permiis for the issuance of special permits. - a a _-_ v - nt -_ -_ s-- Note 1. § 195-10.10. Conflict of § 195-10.10. Conflict of laws. 4= �W_ v-- s g-_n_-_- Building laws. In general, this zoning bylaw is =s Comm s -- retains supplementary to other North Andover authority to enforce the Zoning Bylaw, bylaws affecting the use, height, area, General Bylaws, and other local and location of buildings and structures requirements but as modified by the and the use of premises. Where this Zo -fig waivers granted and zoning bylaw imposes a greater governed by the Comprehensive Permit. 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 of this zoning bylaw shall control. Zero Prescott--List of Waivers 19 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 el ` 2026 =1 ARTICLE 18. 1 -1 Zoning Overlay 1 -1 .1 .B.(Permitted f -_. ° _   - §§ 95 8 9 o g O e ay § 95 8 3 ( e tted uses), o �_ � � .- ..- -. - - DOWNTOWN through § District Subdistrict A allows the following uses W -- s U-_n___ _s _-o _c_ --sus, design OVERLAY 195-18.20 by special permit: (1) Multifamily and other criteria to be governed by the DISTRICT, Part 2. dwellings, seven or more units; Comprehensive Permit and Subdistrict A: (2) Mixed-use structures for uses =v—o m - Plans. Historic Mill Area allowed by special permit, and (15) Any accessory use customarily incident See Note 1. to any of the above permitted uses, provided that such use shall not be noxious or dangerous to the neighborhood. Subdistrict A also includes other use, dimensional, design, and procedural Sections 1.00 All Reference to State ZBA Rules cite to superseded _�'_ { - -_ _ to replace reference from 8. through 7.00 Regulations Chapter 40B version of the Chapter 40B 760 CMR Regulations regulations at 760 CMR 31.00 et 31.00 et seq. to 760 CMR 56.00 et seq. seq. Zero Prescott--List of Waivers 20 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. JuH -�I h 1, 2026)_ 1 2026 Section 3.01 3.01(i) Plan Size Requires all plans to be on sheets °:F�W_:v=� _o • ::ow o --Do c- on o Z_� 24" x 36" in size, at a scale of inch _ w = total of twenty-two (22) sets of equals forty feet (I" = 40'). Detailed plans at 11 x 17 size, plus two (2) sets of areas may be at (1"= 20') 22" x 36" plans =- _ = with the ZBA, as directed by Section 4.0 4.01 through Peer review Requires bid process through - -_ - '_ { - -_ _ _ _o allow ZBA to solicit 0. 4.07 proposals and bids M.G.L. c. 30B. review through the Board's and Planning Department's customary practices. °� Town of North Andover Section 4 Restrictions for Altering No excavation or Waived to allow the placement of any . Division of Public Works Newly Paved Public changes allowed in work within newly paved public Policy & Procedures Ways roads which have ways, if necessary, but as further described Pavement Moratorium been paved in the in Con- _on V-64 of the Comprehensive e- - _ Revised September 26, 201 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. Zero Prescott--List of Waivers 21