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Home My WebLink AboutWaiver List (clean) 7.1.26 (KP Edits 7.5.26) - Miscellaneous - 0 Prescott Street 7/5/2026 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 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. July 1, 2026) w/KP edits 71512026 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 There shall be no waiver of the sewer may prescribe. Sewer service service connection fee or sewer connection fee of $1000/unit, and mitigation fee. 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, including the Erosion Control performance criteria, erosion & following waivers: (a) §250-22 C. (4)(g) Regulations sedimentation control plan, O & M providing that the general outline of plan, recordkeeping, inspection and existing vegetation, wooded areas, enforcement requirements. 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 Project building permit; (c) Zero Prescott--List of Waivers 2 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 § 250-23 E. (22) requiring the sizing of drainage pipes to accommodate the 25 year storm event and provide calculations using the Mannings Equation, given that peer review Pnqmnppr fonrig that the alternative 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 to be RCP as the use of high-density polyethylene HDPE pipes is acceptable. Zero Prescott--List of Waivers 3 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 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. July 1, 2026) w/KP edits 71512026 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. July 1, 2026) w/KP edits 71512026 6. ARTICLE 4. § 195-4.1. Permitted Uses; In the zoning districts ..., the following Waiver granted. Permit the Project uses BUILDINGSAccessory Uses. designated buildings and alterations described below on the Property, and as USES PERM117ED and extensions thereof and buildings provided in the Comprehensive Permit. Part 1. Districtaccessory 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 Uses; Residence 4 District and Industrial S Waiver granted to permit the Project BUILDINGS AND Residence 4 Uses by Special District do not allow for multifamily uses as shown on the Site Development USES PERMITTED District; Permit residence use and customary accessory Plans and as described within the Part 2. Residential 195-4.16., uses; Downtown Overlay District Comprehensive Permit, consisting of a District Permitted Industrial S Subdistrict A allows multifamily total of 280 multifamily dwelling units Uses; Part 4. District; dwellings up to 6 dwelling units, within the multifamily structures and Industrial District and, Sub- townhouses and mixed-use structures structured parking garage (as described Permitted Uses; district A: by right, and multifamily dwellings 7 or below), designed to vary in height from and, ARTICLE 18. Historic Mill more units, mixed-use structures for 4 to 5 stories, along with accessory DOWNTOWN Area, 195- uses allowed by special permit, public surface parking, and indoor space OVERLAY 18.9. garages, and any accessory use including a management/ leasing office, DISTRICT through customarily incident to any of the a mail/package room, and amenity space Zero Prescott--List of Waivers 6 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 Part 1. General 195-18.20. above permitted uses, provided that for uses which may include one or more Provisions; Part 2. such use shall not be noxious or of the following, including: bike repair; Subdistrict A: dangerous to the neighborhood. fitness center; multipurpose community Historic Mill Area space; and resident workspace; together See Note 1 above. 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 and shared 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 Lighting and Downtown Overlay District its entirety to permit the Project signage LIGHTING 195-6.7; Subdistrict A. Section 6.6.G. allows and lighting as shown on the Site REGULATIONS §195-18.19. Industrial District wall signs up to a Development 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. July 1, 2026) w/KP edits 71512026 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 location (as in height. depicted on a plan entitled "Existing Site (3) One ground sign, containing the Monument Sign to Remain," dated June name or other identification of the use 30, 2026, prepared by The Architectural on the property, for each street on Team, Inc.) 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. Signage shall also include entrance/ Such sign shall not be located closer canopy signs on building front entrances, than 40 feet to any property line or 20 and above garage entrance, all as shown feet above ground level. In addition to on Sheet A6.00 of the Site Development the above, § 195-18.19. (Sign master Plans. Such signage is considered plan) of the Downtown Overlay District placeholder signage with the final Subdistrict A allows for the approval of wording (and numbering if required for a sign master plan as a part of a E911 purposes), to be shown on the Subdistrict A Special Permit, and upon Final Plans. Also allow (a) one approval, signs may be installed, temporary non-illuminated construction removed, and replaced with the sign of no more than 64 square feet in approval of the Building Inspector, size from the commencement until provided that such signage conforms to completion of construction; and (b) one the signage plan approved in the temporary on-site sign pertaining to the definitive plan decision. See Note 1. 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 from general site lighting across the southerly lot boundary only in the areas depicted on the Lighting Plan, Sheet L-3.0, of the Site Development Plans. Zero Prescott--List of Waivers g Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 9. ARTICLE 7. §§ 195-7.1. Dimensional The Project Lot is bisected by both the All of the dimensional requirements DIMENSIONAL through Requirements Industrial-S and R-4 Zoning Districts. under Article 7 and 195 Attachment 3, REQUIREMENTS, 195-7.8.; for R-4, The Lot is also entirely located within Town of North Andover Table 2: Attachment195 , 195 Industrial S, the Downtown Overlay Summary Of Dimensional Requirements, NorthTown of Attachment and Downtown District—Subdistrict A, all as described not otherwise shown on the Site Andover Table 2: 3, Town of Overlay District- in the Zoning Bylaw. Development Plans as compliant are SummaryNorth Subdistrict A waived and described in the Dimensional Andover If the Project was proposed under the Comprehensive Permit and are more Requirements; Table 2: Zoning Bylaw, it would be proposed specifically depicted on Sheet 4 (Site Article art 11 Summary Of under Article 18, Part II, the Downtown Plan) of the Site Development Plans. (Subdistrict ) Dimensional Overlay District—Subdistrict A by Requirement Special Permit. See Note 1 above. s For purposes of illustration, the Project's compliance with the dimensional requirements of the Downtown Overlay District—Subdistrict A are described below, as well as the underlying Industrial S and R-4 Zoning Districts, are illustrated below, and subject to Condition V.3. of the Comprehensive Permit. § 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 Zero Prescott--List of Waivers 9 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 underlying R-4 Zoning Disti'ct but is also locat d within the Downtow i 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). 2 § l95-l8.l6.(B)(2)LajNe1A buildings and structures shall be limited to 55 feet in building height by right where located wi 'n the underlying I-S District,or within 100 feet of the underlying I-S Zoning District strict boundary by special permit and wh re such buildings or structures are not located withir the underlying I-S District or within 100 feet of the underlying I-S Zoning Disth ct boundary,the hc ight limit shall be 35 fe A by right,and such building or structure having a b filding height in excess of 35 feet,but not more than 5 feet, shall be permitted only by special permit. 3 § 195-7.4.Building height. Maximum height of buildings and structires shall be as set forth in Table 2. The foregoing li nitations of height in feet in the designated zoning districtsshall not 1 B.Nor shall they apply to c 'mneys,ventilator , skylights,tanks,bulkleads,penthouses,processing towers,roof-mounted olar collectors,and other accessory structural features usually erected at a height g eater than the maif 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 tower ,or spires of churc es or other buildings, rovided all features are in no way used for living pu oses; D. And further provided tha no such structural ftature of any non-man ifacturing building shall exceed a height of 65 feet f om the ground;... " Zero Prescott--List of Waivers 10 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 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, since a project proposed under Subdistrict A would require a special permit, the requirements below are provided for informational purposes only. Waiver Waiver granted to allow for a setback of 17.5 Feet off Prescott Street where 35 Feet is required. The existing structure provides a front setback of 34.4 Feet from Prescott Street. No greater than 55 Feet, but see Note 1 --Height Max. (ft) 55 Feet2 as a building height of up to 55 Feet is By Special allowed by special permit. Permit3 Zero Prescott--List of Waivers 11 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 11. ARTICLE 7. §§ 195-7.1. Dimensional The Project complies with the Dimensional compliance is shown on DIMENSIONAL through Requirements dimensional requirements of the I-S Sheet 4 (Site Plan) of the Site REQUIREMENTS, 195-7.8.; for R-4, Zoning District except as described and Development Plans and subject to Attachment195 , 195 Industrial S, waived as follows: Condition V.3. of the Comprehensive NorthTown of Attachment and Downtown Permit. Where it is not practicable to Andover Table 2: 3, Town of Overlay District- establish a dimension due to the SummaryNorth Subdistrict A Property being split by the R-4 and I-S Dimensional Andover Districts, dimensions provided are based Requirements Table 2: upon the entire lot where applicable and Summary Of are noted with an asterisk (*) below. (Continued) Dimensional Requirement s I-S Required Waiver --Front Setback 30 Feet Waiver is granted to allow a 19.9 Foot Front Yard Setback from Prescott Street where 30 Feet is required. --Floor Area Ratio (Max.) 0.50:1 Waiver is granted to allow a 1.57:1 FAR where a FAR of 0.50:1 is required.* 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. Zero Prescott--List of Waivers 12 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 12. ARTICLE 7. §§ 195-7.1. Dimensional The Project complies with the Dimensional compliance is shown on DIMENSIONAL through Requirements dimensional requirements of the R-4 Sheet 4 (Site Plan) of the Site REQUIREMENTS, 195-7.8.; for R-4, Zoning District except as described and Development Plans and is subject to Attachment195 , 195 Industrial S, waived as follows: Condition V.3. of the Comprehensive NorthTown of Attachment and Downtown Permit. Andover Table 2: 3, Town of Overlay District- Summary North Subdistrict A R-4 Required Waiver Dimensional Andover Requirements Table 2: Summary Of Min. Setback (ft) (Continued) Dimensional --Front & FN24 30 Feet Waiver is granted to allow a 17.5 Foot Requirement Front Yard Setback of Prescott Street s where 30 Feet is required. --Height Max. (ft) 35 Feet Waiver is granted to allow up to a 55 Foot building height where a maximum building height of 35 Feet is required. 13. ARTICLE 7. § 195-7.3. Required yard § 195-7.3. Yards (setbacks). Yards comply with the Zoning Bylaw DIMENSIONAL Yards setbacks. Minimum front, side and rear setbacks except as waived above, are subject to REQUIREMENTS shall be as set forth in Table 2... Condition V.3. of the Comprehensive Buildings on corner lots shall have the Permit, and are as depicted on the Site required front setback from both 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 The Project complies with Building Height Building building height; structures shall be as set forth in Table requirements of the Zoning Bylaw except height exceptions. 2. as waived above, are subject to Condition V.3. of the Comprehensive Permit, and are as depicted on the Site Development Plans. Maximum building height shall not exceed 55 feet. Zero Prescott--List of Waivers 13 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 15. § 195-7.5 Maximum lot Maximum lot coverage by buildings The Project complies with Maximum Lot Lot coverage coverage. shall be as forth in Table 2. "Lot Coverage requirements of the Zoning coverage" shall mean the percent of Bylaw except as waived above, are the lot covered by principal and subject to Condition V.3. of the accessory structures. Comprehensive Permit, and are as depicted on the Site Development Plans. Maximum Lot Coverage shall not exceed 34%. 16. § 195-7.6 Maximum FAR Maximum floor area ratio (FAR) shall The Project complies with Maximum FAR Floor area be as set forth in Table 2.[1] "FAR" is requirements of the Zoning Bylaw except ratio. the ratio between the total amount of as waived above, are subject to building floor area on all usable floors Condition V.3. of the Comprehensive and the area of the lot on which it is Permit, and are as depicted on the Site located. Development Plans. Maximum FAR shall not exceed 1.57:1. 17. ARTICLE 8. §§ 195-8.1. Parking § 195-8.4. Off-street parking Waiver is granted to allow for a total of SUPPLEMENTARYthrough Requirements requirements, and Table of Off-Street 467 non-exclusive, shared parking REGULATIONS, 195-8.8. Parking regulations require the spaces (or 1.667+ spaces/unit) on and Part 1. Off-Streetfollowing spaces for multifamily units: off the Property, including 362 on-site Parking parking garage spaces and 100 on-site Loading surface spaces on the Property, where a total of 467 parking spaces are required, 1.25 sp/du for studio units subject to the provisions below. 1.5 sp/du for 1 BR units; and, '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 14 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 2.0 sp/du for 2 or more BR units. 39 studio DU @ 1.25/DU= 48.80 sp 128 1 BR DU @ 1.5/DU= 192.00 sp Note 7 to Table of Off-Street Parking 113 2 & 3 BR DU @ 2.0/DU= 226.00 sp Regulations5 and § 195-18.18.B.(1) of Total Required Parking Spaces = 467 the Downtown Overlay District - Subdistrict A. Total Residential Spaces Provided = 467+ See Footnote 5 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 lawfully continue to exist and to co-exist with the Project parking uses, all as further described in Condition V.89. of the Comprehensive Permit. Zero Prescott--List of Waivers 15 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 18. § 195-8.6. Location and Various location requirements for Waiver is granted to allow for parking layout of parking in residential and non- location and layout as depicted on Sheet parking residential districts which can be 4 (Site Plan) of the Site Development facilities. modified by special permit. See Note 1. Plans, all as further described in Condition V.89. of the Comprehensive Permit. 19. § 195-8.8. Special permits Allows for parking special permits To the extent required, a waiver is for parking. under 195-8.8.D. for: Modification of granted to allow for parking as shown on parking/loading area design standards Sheet 4 (Site Plan) of the Site (D.2.); Parking on a separate Development Plans, all as further lot/satellite parking (D.4.); Common described in Condition V.89. of the parking areas and multiple-use Comprehensive Permit. facilities (D.5.); Reduction in parking See Note 1. (D.7.); and, Modification of screening and landscaping requirements for off- 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- Site Plan Applicability, standards, procedures Waived is granted in its entirety. To be SUPPLEMENTARY 8.10. Review and other requirements including a governed by Comprehensive Permit. REGULATIONS, through Planning Board Special Permit for Site See Note 1. 195-8.17.8 Plan review. Part 3. Site Plan Review Zero Prescott--List of Waivers 16 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 21. ARTICLE 8. § 195-8.18. § 195-8.18. Describes certain screening and Waiver is granted, with screening and SUPPLEMENTARYCommercial Commercial and landscaping requirements for both landscaping as shown on the Site REGULATIONS, and Industrial industrial and residential districts, but Development Plans. See Note 1. Part 4. ScreeningIndustrial Districts, and § does not address standards for a lot and Landscaping Districts. 195-8.20. split by an I-S and R-4 Zoning of Off-Street Residential Districts. Parking Areas districts. Under § 195-8.8.D.(8), allows for the modification of screening and landscaping requirements for off-street parking by special permit. 22. ARTICLE 8. §§ 195- Inclusionary Includes mandated set-aside, Waived in its entirety. To be governed SUPPLEMENTARY 8.95. Housing restrictions, terms and other by the affordability requirements and REGULATIONS, through Requirements requirements for affordable housing restrictions on Chapter 40B and the Part 13. 195-8.108 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 23. 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 and provisions of the North Andover Zoning other waivers granted and governed by Bylaw (and other applicable Town the Comprehensive Permit. bylaws), Zero Prescott--List of Waivers 17 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 24. § 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 issued by the Building Commissioner but certificate of use and occupancy has based upon compliance with the Mass. been issued by the Building Inspector. State Building Code and the terms of the This certificate shall certify compliance Comprehensive Permit. with the provisions of this bylaw and of all applicable codes. 25. § 195-10.7. Special permits. Applicability, criteria, and procedures To the extent required, Waiver is granted for the issuance of special permits. but see Note 1. 26. § 195- Conflict of laws. § 195-10.10. Conflict of laws. Waiver is granted. Building 10.10. In general, this zoning bylaw is Commissioner 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 waivers granted and governed by the zoning bylaw imposes a greater 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 18 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 27. ARTICLE 18. §§ 195- Zoning Overlay § 195-18.13.B.(Permitted uses), of To the extent required, Waiver is granted DOWNTOWN 18.9. District Subdistrict A allows the following uses as Project uses, design and other criteria OVERLAY through § by special permit: (1) Multifamily to be governed by the Comprehensive DISTRICT, Part 2. 195-18.20 dwellings, seven or more units; Permit and Site Development Plans. Subdistrict A: (2) Mixed-use structures for uses Historic Mill Area allowed by special permit, and (15) See Note 1. Any accessory use customarily incident 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 28. Sections 1.00 All Reference to State ZBA Rules cite to superseded Waiver is granted to replace reference from through 7.00 Regulations Chapter 40B version of the Chapter 40B 760 CMR 31.00 et seq. to 760 CMR 56.00 et seq. Regulations regulations at 760 CMR 31.00 et seq. 29. Section 3.01 3.01(i) Plan Size Requires all plans to be on sheets Waiver to allow for application to the ZBA to be 24" x 36" in size, at a scale of inch filed with total of twenty-two (22) sets of equals forty feet (1" = 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 staff. Final plan requirements to be governed by the Comprehensive Permit. 30. Section 4.0 4.01 through Peer review Requires bid process through Waiver granted to allow ZBA to solicit peer 4.07 proposals and bids M.G.L. c. 30B. review through the Board's and Planning Department's customary practices. Zero Prescott--List of Waivers 19 Zero Prescott 0 Prescott Street October 21, 2025 (Rev. July 1, 2026) w/KP edits 71512026 31. 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 Condition V.61 of the Comprehensive Revised September 26, 201 past three (3) years. Permit. 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 20