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HomeMy WebLinkAboutWaiver List (Rev. 10.18.25) (Rev. 6.2.26) (00315846xBC4F6) - Waiver - 0 Prescott Street 10/18/2026 , 3.2. - l permit , § 195 Downtown Zero , 2026) as Chapter 195 - ional purposes of the specia - June 2 Civil Design Group , 2025 13 (Rev. dated May 12, 1972, as , submitted by the , 2025 ensive Permit Application with ) all as defined under prepared by 21 consisting of eighteen (18) sheets, , , ssolved on May i including floor plans, units plans Zero Prescott0 Prescott StreetOctober d of the Comprehensive Permit Decision, the Zoning Map (Rev. _________) underlying zoning districts, as well as the ) approve the following specific waivers for 4) - Local Requirements and Regulations, as defined under 4 (R ce of North Andover Comprehensive Permit Rules and Regulations of entitled Town of North Andover Zoning Map, WAIVERS Residen North Andover and Town a map and 1 S) LIST OF - in effect as of the date of the filing of the Compreh , shown on as , Industrial S (I Zoning Board of community Law, as amended through the 2025 Annual Town Meeting as revised within the public hearing; Architectural Drawings in the - with Historic Mill Area -- Zoning By located North Andover are as amended and , unit residential rental prepared by The Architectural Team, Inc. as amended and as revised within the public hearing - , Subdistrict A roperty 80 - P sections, 2 North Andover North Andover he 300 List of Waivers -- , a Town of Code of the Town of North Andover Rev. _____) Note 1 The Applicant requests the PrescottLLCelevations and 2025,Section 56.02 of the Chapter 40B Regulations (760 CMR 56.00), the Zoning Board of Appeals (March 13, 2001, Rev. 2006)the Town of Comprehensive Permit provide additional clarity as to the scope of the waivers granted as a part Applicant requests that the Board deem waivers necessary to advance the approved Site Development 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 . Any for the , 2026) connection to issue r NORTH ZBA June 2 waive in its entirety d (Rev. requirements of the to allow partially , 2025 21 Also technical pursuant to the Comprehensive , subject to . r granted and sewer mitigation fees the Zero Prescott0 Prescott StreetOctober PROPOSED WaivelicensePermitProject sewer connection to be governed by Water & Sewer Division of the North Andover Department of Public Works (DPW)fees affordable units. THE 2025 ANNUAL TOWN MEETING , and THROUGH wer service Se ) 2 regulations as to material and 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 construction as the Board of Selectmen may prescribe.connection fee of $1000/unitsewer mitigation fee of $3.20 per gallon based on Title 5 design flow. A. 3. - DESCRIPTION§ 155House drain connection license SECTION Sewer Licenses AWS OF THE TOWN OF NORTH ANDOVER, AS AMENDED L - - Y B 155 List of Waivers ER -- /REG. 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 - : (a) that inch - 23 E. (d) to issue - ΝW{ЊΞ inch - peer alternative 22 C. year storm -250 , 2026) density ZBA and, - § , except drainage is 25 ; all drainpipes granted as shown on §250 high subject to the pursuant to the in its entirety June 2 , and which will ing of (b) installation of an 18 given that iz , providing that the 3D on the AVB West ers are (Rev. rofiles of drainage - via an existing 18 requiring v to allow the approved by the NA DPW ing where the Applicant has , 2025 as the use of 21 granted requiring p 22 C. (4)(g)23 E. (30) discharg -requiring the s- Zero Prescott0 Prescott StreetOctober Waivedthe Stormwater Permit Comprehensive PermitProject complying withChapter 165. Stormwater Management and Erosion Control Bylaw, and Chapter 250. Stormwater Management and Erosion Control Regulationsthe following wai§250general outline of existing vegetation, wooded areas, significant trees, unique species and tree clusters the Approved Plans; (5)(b)trunk linesconfirmed no conflict depicted on the plans to be filed with the Project building permit; (c)(22)pipes to accommodate theevent and 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 . 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 List of Waivers -- Chapter 165. Stormwater Management and Erosion ControlBylaw, and Chapter 250. Stormwater Management and Erosion ControlRegulations Zero Prescott 2. , 2026) June 2 management (Rev. Stormwater Management . , 2025 . 21 Zero Prescott0 Prescott StreetOctober acceptableand related design shall comply with the performance standards of the most recent version of Massachusetts Department of Environmental Protection (DEP) stormwater standards and accompanying Stormwater Management Handbook, and as regulated under the coverage requirements of the 2022 US EPA Construction General Permit for Massachusetts (MAR100000). 4 List of Waivers -- Zero Prescott , ZBA ZBA to , 2026) to allow Project will pursuant to the June 2 but , but subject to s to allow , (Rev. Permit except the Project will applicable DPW driveway , , 2025 21 in its entirety in its entirety with DPW street excavation with Driveway Zero Prescott0 Prescott StreetOctober Waivedto issue Street Excavation Permitpursuant to the Comprehensive Permitbut subject to compliance comply requirements and State laws.Waived issue Comprehensive Permitcompliancecomply requirements. shall shall be responsible to the 5 liance with such requirements, 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 way maintained by 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. , 2026) required by and other installation, June 2 . No new otherwise (Rev. the number of for the under the regulations of 2. only, and to the extent overhead wire and other - , 2025 , may be 21 to allow as pole § 180 Zero Prescott0 Prescott StreetOctober Waivedconstruction, replacement or upgrading of anyabove ground utilities overhead poles or wires to be installed except public utilities.Waiveinconsistent withAccessible Spaces required requirements the Massachusetts Architectural Access Board, 521 CMR 23.00 (Parking) 3. - less not less 1 than 2 than 3than 4than 6 5% but not less 4% but 6 200 3% but not500 2% but not less -- 40 100 -- Site Spaces Accessible Spaces 25 - y poles and overhead wires and - No utility shall install or construct, 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 § 175Anassociated overhead structures installed or constructed in violation of this bylaw shall be immediately removed by the utility responsible therefor.Handicapped parking space requirements include: OnRequired 15>25 >40 >100 >200 poles or Installation of new overhead wires prohibited.Required accessible spaces - , 2 - 2. - 3. - §§ 175175§ 180Determination of number of spaces List of Waivers -- Chapter 175. Underground UtilitiesChapter 180. Vehicles and Traffic, Article I. Handicapped Parking Zero Prescott 5.6. WN as TO , 2026) June 2 NORTH ANDOVER roject uses (Rev. on the Property, and ( , 2025 ermit the P 21 Zero Prescott0 Prescott StreetOctober PROPOSED Waived. Pdescribed belowprovided in the Comprehensive Permit. , the following including accessory No private or public way giving 7 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 7. T ; 280 y as il other together , park, as may be ; 296 , 2026) s s and bike repair Site - wash/ Plans and June 2 stories, along with Final (Rev. connection and other appurtenant multipurpose community leasing office, a Site marketing trailer(s) ; resident workspace , 2025 . recreational open space, 21 which may include one or more to serve the Project and other to permit the Project uses as and ; Zero Prescott0 Prescott StreetOctober Waivedshown 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 construction commencement until Project construction completion or 7 , . , public Industrial S use structures - ultifamily and use structures for ixed - . x dwelling units 6 ultifamily dwellings ny accessory use ixed and m m above , up to do not allow for multifamily 8 ; 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 8. to be , 2026) 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, - 5.1H. - 5.4, Permits for earth - 5.5, Earth removal - public or private, in er § 195 9 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 Earth Removal Requirements; Exemptions - . 1 195 5. - §§ 195through 5.9. List of Waivers -- ARTICLE 5. EARTH MATERIALS REMOVAL Zero Prescott 9. - d its 1 - n - , of the to Waive - 3 at the - within ground across the he site , 2026) Article i Plans. and t feet above , June 2 5 Final no later than (Rev. Plans with any/all roject and directing light spillover Site P Final , 2025 square feet and no portion of monument entry sign inated construction sign of no 21 limited 6 Site Plans. illum - waiver is sought from this Zero Prescott0 Prescott StreetOctober Aentirety to permit the Project as shown on the intended signage to include a mounted corner of High and Prescott Streetsidentifying the residents to its locationsignage will be landscaped and externally illuminated with a final height and square footage to be determined and presented to the Zoning Board of Appeals during the course of the Comprehensive Permit review. Also allow (a) one temporary nonmore than 64 square feet in size from the commencement until completion of construction; and (b) one temporary onsite sign pertaining to the advertisement of the lease of dwelling units notexceed which is greater than ground level which such temporary sign shall be removed week following the date of the signing of the last lease, with signage details included in the to allow southerly lot boundary only in the areas depicted on the Lighting Plan, LFinal 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 § 195 signs may be installed, 10 ) of the Downtown Overlay District Signs allowed with Rand Downtown Overlay District 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 10. the Site 4 Zoning , 2026) compliance - Site below. June 2 are described S and R 195 Attachment 3, (Rev. the Downtown Overlay Plans as compliant are ndustrial are as depicted on the I , 2025 Subdistrict A are illustrated 21 and Article 7 and . In addition, Plans. 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 Final compliance with the dimensional requirements of Districtbelowwith dimensional requirements under underlying Districts by the Downtown located within 4 Zoning Districts. - Subdistrict A also entirely is 11 Article 18, Part II, The Project Lot is bisected by both the Industrial S and RThe Lot the Downtown Overlay DistrictSubdistrict A, all as described in the Zoning Bylaw. If the Project was proposed under the Zoning Bylaw, it would be proposed under Overlay DistrictSpecial Permit. See Note 1 above. . - 4, - Dimensional Requirements for RIndustrial S, and Downtown Overlay DistrictSubdistrict A - 7.1. - 195 195 Town of , §§ through 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 11. - of Y N - Y (Y/N) YN Y NN N a e 4)_ - , 2026) S) Waiver - (R requir (I 5 Feet permit 6 June 2 Feet Y .0 Feet 5 - Note 1.Note 1. requirements below +/ 16. (Rev. 17.5 1.70:1 SeeSee 36 19.9 Feet >150 Feet 267,063 s.f. Proposed , the since a project proposed 20.2 , 2025 ed for informational purposes .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 33% 34%N/A 55 1 :0 3 2 4 .0 :0 by .0 35 Feet 20 Feet 50,000 PermitBy Special Permit by Special the 55 Feet 20 Feet Required Subdistrict right; 2 (Abut Res.) N/A 35 Feet (Abut Res.) 35 Feet (Abut Res.) by Special Permit. 12 the Downtown Overlay District Subdistrict A - is as follows: Front Side Rear If the Project was proposed under the Zoning Bylaw, it would be proposed under Subdistrict ASee Note 1 above.For purposes of illustration, the dimensional requirements of Downtown Overlay DistrictA DOT Min Lot Area (s.f.)Min. Street Frontage (ft) Min. Setback (ft)-- -- -- Floor Area Ratio (Max.) 1 Lot Coverage (Max.) N/AHeight Max. (ft) - 4, - Downtown Dimensional Requirements for RIndustrial S, and 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 Requirements (Continued) Zero Prescott 12. - 35 a . Subdistrict Subdistrict -- -- . , 2026) 18.16.(A)(2)(a) June 2 - the designated zoning dential zoning district located ct or within 100 feet of the § 195 18.16.(A)(2)(a) - (Rev. S District, or within 100 feet of - § 195 S Distri - , 2025 Downtown Overlay District Downtown Overlay District 21 ht in excess of 35 feet, but not more than 55 as provided under within the within the Zero Prescott0 Prescott StreetOctober as provided under , as well as the segment of the subdivision roadway urposes; mounted solar collectors, and other accessory structural features - is also located is also located ote 1 above. but Footn in High Street and Prescott Street 4 Zoning District 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) - 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 But when . All yards of the Lot not abutting High Street and Prescott Street, as well as the segment of the subdivision abuts a residential zoning district located outside Subdistrict A manufacturing building shall exceed a height of 65 feet from the ground; - 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 or rear yards below. The first 15 feet of the setback abutting the residential zoning district shall remain open and green, be suitably B 18.16. n rmit. foot setback is required when the Subdistrict A lot line - 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 A 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.Subdistrict A, subject to Subsection 18.16.B below. - of 17.5 Feet is located within the portion of the Lot within the underlying R 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, street line requires a 35 Foot setback 18.16.(B)(2) 18.16.(A)(2)(a)18.16.(A)(2)(b) 7.4. Building height. - --- 195 195 which § § § 195§ 195This setback This setback of 19.9 Feet is located within the portion of the Lot within the underlying I 1 outside Subdistrict A, subjectlandscaped, unstreet line 2 located outside roadway foot setback of a new building from the Subdistrict A boundary is required Ќ the underlying Iunderlying Ifeet, shall be permitted only by special pe 4 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 5 A 6 A requires a 35 Foot setback Zero Prescott Y N N Y (Y/N)Y N ot is L , 2026) Dimensions Feet Zoning as shown on - Waiver S Feet - +/ June 2 9 Plans. 55 Feet 17.5 29.2 Feet Y 4 and I (Rev. - 36.0 , given that the N/A 20.2 >150 Feet Proposed 16.5 dimensions are , 2025 .f. 267,063 s.f. N 21 Development no greater than 150 Feet Y 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 1.70:1 Y33% 34% N/A N 5 5 (4 S Districts. (3 - and I 4 es.)- 55 Feet Required 30 Feet Feet abutRes.) Feet abutR 20 Feet d upon. 14 8 7 not parked upon. 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 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 parkebuilt upon, unpaved and -- 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 -- Adjacent to residential districts, an additional fifteen FN2. AdjacentFN2.Dimensions provided are ARTICLE 7. DIMENSIONAL REQUIREMENTS195 Attachment 3, Town of North Andover Table 2: Summary Of Dimensional Requirements (Continued) 7 remain open and green, be suitably landscaped, un 8 remain open and green, be suitably landscaped, un 9 Zero Prescott 13. N Y Y N ot is L N imensions N Feet Y D , 2026) - Zoning as shown on Districts. +/ S Waiver (Y/N)Feet Feet Y - 55 June 2 13 Plans. 36.0 17.5 195 Attachment 3, Zoning 4 and I (Rev. S - 29.2 Feet , given that the - 16.5 20.2 >150 Feet Proposed N/A dimensions are Plans. , 2025 .f. 267,063 s.f. N 4 and I 21 Development - no greater than Site Article 7 and 150 Feet Zero Prescott0 Prescott StreetOctober Waived but the Site provided are based upon the entire lotwhere applicablebisected by the RDistricts. Dimensions provided are based upon the entire lot, given that the lot is bisected by the R All of the dimensional requirements under Town of North Andover Table 2: Summary Of Dimensional Requirements, not otherwise shown on the Plans as compliant are waived but are as depicted on the Existing 267,063 s> 34.4 Feet 45 Feet N/A N/A 1.70:1 N33% 34% N/A (30 45 ( Feet 100 Res.) Res.) 15 Feet 30 Feet N/A N/A Required Feet abut Feet abut 35 Feet 30 Feet ) 10 15 12 11 4 Front & FN2SideRear - R Min Lot Area (s.f.) 12,500 s.f.Min. Street Frontage (ftMin. Setback (ft)---- -- Floor Area Ratio (Max.) Lot Coverage (Max.) Height Max. (ft) - 4, - Downtown Dimensional Requirements for RIndustrial S, and Overlay DistrictSubdistrict A - 7.1. - §§ 195through 1957.8.; 195 Attachment 3, Town of North Andover Table 2: Summary Of Dimensional Requirements , List of Waivers -- ARTICLE 7. DIMENSIONAL REQUIREMENTS195 Attachment 3, Town of North Andover Table 2: Summary Of Dimensional Requirements(Continued) Zero Prescott 14. PlansPlans , 2026) shall be as shall be as June 2 Plans. DevelopmentDevelopment 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 S Districts - 4) - 4 and I "Lot - . not parked upon. 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. , 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 - built upon, unpaved and - where applicable Required yard setbacks.Maximum building height; exceptions.Maximum lot coverage.Maximum FAR . 7.3. 7.47.57.6 ---- 195 § 195Yards§ Building height§ 195Lot coverage§ 195Floor area ratio. based upon the entire lot List of Waivers Adjacent to residential districts, an additional fifteen -- 2. -- FN 2 See footnote above (FN2). See footnote above (FN2). Dimensions provided are ARTICLE 7. DIMENSIONAL REQUIREMENTS 10 shall remain open and green, be suitably landscaped, un 11 12 13 Zero Prescott .... 5678 1111 7 2 7 9, 9 660 - 6 2 7 Property 9 surface - . 6 , 2026) spaces/unit) to be shared = 100 (as defined in parking 7+ where a total of 7 June 2, including 3 , parking spaces to and all on 66 ,Project parking, - Project ote 14 below. - (Rev. (or 1. sp shared DU @ 1.25/DU Footn , 2025 the Property for no less than a total of 467 sp parking spaces are required1 BR DU @ 1.5/DU= 2 & 3 BR DU @ 2.0/DU= 21 See on the Property 0192.00 7 studio 6 28 .8+ exclusive 41113 8 .00 sp7 - 39 and off 7 49 719306 Zero Prescott0 Prescott StreetOctober Waived to allow for a total of 4parking spaceson parking garage spaces and spaces49subject to the provisions below 4581178.501226Total 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 the Comprehensive Permit) with Project parking, and such Existing Approvals are hereby modified to allow for Project and nonincluding shared parking, on and near the Property so as to allow the non Street - 18.18.B.(1) of - Street Parking parking - § 195 street 1 BR units; and, - and 15 t r 14 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 OffRegulations the Downtown Overlay District Subdistrict A. Parking Requirements - 195 8.1. - 195 §§through8.8. , Street - List of Waivers -- ARTICLE 8. SUPPLEMENTARY REGULATIONSPart 1. OffParking and Loading Zero Prescott . 9 1 t. . which Plans Subdistrict A, -- , 2026) for , all as eet, Second Final for commercial June 2 Site exist with the Project - to lawfully continue existing reserved , including shared (Rev. - street parking within the - exist with the Project - pre parking rights the Property under the s, , 2025 parking on 21 uses on the Property s of the Downtown Overlay District Zero Prescott0 Prescott StreetOctober Project parking to lawfully continue to exist and to coparking usecommercial and other uses on the Property previously Comprehensive Permit Decision) are hereby modified to allow continued parking,Existing Approvals and exist and to coparking described in the Comprehensive Permi Waived. Parking location and layout to be as depicted on the side streets: Waverly Road, First Str Street; and, (iii) High Street from Water Street to - called "Downtown Area," which for the purposes of this Part 1 shall be defined as the - the so 18 Various location requirements for parking in residential and nonresidential districts. street parking is not otherwise feasible, the Planning Board may include on - riod, there is adequate parking for the Project. 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. - Site and design standards List of Waivers -- 7. In appropriate circumstances, where the provision of adequate offPursuant to ( 14 determination of adequate parking arrangements for a particular use, particularly infollowing areas: (i) Main Street from Sutton Street to Merrimac Street, including 200 feet from Main Street on the following Street, and School Street; (ii) Sutton Street from Main Street to Charles Street; (iii) Water Street from Main Street to HighPrescott Street.15 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 . 20 , 2026) 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 Modification of screening 8.8.D. for: - (D.5.); Parking on a separate 19 for properties in Residential districts 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. - 195 §§ through 8.17.8 List of Waivers -- Zero Prescott . 21.22 , 2026) 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 8.8.D.8.20. S and R requirements for off -- - ), allows . 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 parking by special permit. Under § 195districtsstreet 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 protected and shall 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. - - 195 - 195 8.18.8.20. & -- ; ; § 195Commercial and Industrial Districts, and § 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 . 2324. retains , 2026) Inspector June 2 governed by the (Rev. and , 2025 21 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. aside, - intended use 21 issued by the Building Inspector. Includes mandated setrestrictions, terms and other requirements for affordable housing within residential projects.The Building Inspector shall not issue any such permit unless the plans for the building and the 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 This certificate shall certify compliance with the provisions of this bylaw and of all applicable codes.Applicability, criteria, and procedures 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 .... 5678 2222 , retains , 2026) local Inspector June 2 governed (Rev. and but as modified by the , 2025 21 based upon compliance with the Zero Prescott0 Prescott StreetOctober Waived. Building Inspector retainsauthority to enforce the Zoning BylawGeneral Bylaws, and other requirementsZoning Bylaw waivers granted and governed by the Comprehensive Permit. Waived in part. Building authority to enforce the Zoning Bylaw but as modified by the Zoning Bylaw waivers granted by the Comprehensive Permit.Waived to allow occupancy permit to be issuedterms of the Comprehensive Permit and Mass. State Building Code.Waived.See Note 1. bylaw shall bylaw is zoning zoning bylaw imposes a greater another, in whole or in part, 10.10. Conflict of laws.22 - Building Inspector shall not issue § 195In general, this supplementary to other North Andover bylaws affecting the use, height, area, and location of buildings and structures 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. The 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 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 bylaw and of all applicable codes.Applicability, criteria, and procedures for the issuance of special permits. Conflict of laws. Building permits.Certificate of use and occupancy.Special permits. 10.10.10.2. 10.3.10.7. ---- § 195 § 195§ 195§ 195 List of Waivers -- Zero Prescott .. .. 9 232 3031 , retains , 2026) Inspector June 2 governed (Rev. and but as modified by the , 2025 21 based upon compliance with the 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 in part. Building authority to enforce the Zoning Bylaw but as modified by the Zoning Bylaw waivers granted by the Comprehensive Permit.Waived to allow occupancy permit to be issuedterms of the Comprehensive Permit and Mass. State Building Code. bylaw shall bylaw is changed from one zoning zoning cable codes. bylaw imposes a greater 10.10. Conflict of laws.23 - location of buildings and structures § 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.The 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 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 bylaw and of all appli Conflict of laws.Building permits.Certificate of use and occupancy. 10.10.10.2. 10.3. --- § 195§ 195§ 195 List of Waivers -- ARTICLE 10. ADMINISTRATION(Continued) Zero Prescott ... 345 333 . seq et , 2026) two (22) sets of - June 2 . (Rev. . to 760 CMR 56.00 , 2025 seq 21 to replace reference from 760 CMR and Final Plans et PROPOSED 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. Zero Prescott0 Prescott StreetOctober Waived. Uses, design and other criteria to be governed by the Comprehensive Permit See Note 1. (15) ), of , and be on sheets "= 2 to 1 (1) Multifamily Permitted uses . Subdistrict A also all plans B.( special permit use structures for uses - 18.13.24 - REQUIRED 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. § 195Subdistrict A allows the following uses by special permit: dwellings, seven or more units;(2) Mixedallowed by Any 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 Zoning Overlay District DESCRIPTION Reference to State Chapter 40B Regulations Plan Size Peer review proposals and bids COMPREHENSIVE PERMIT RULES AND REGULATIONS OF THE ZONING BOARD OF APPEALS § 18.9. - 18.20 - 195 §§ through 195 TITLE All Regulations3.01(i)4.01 through 4.07 . Part 2. , List of Waivers -- ARTICLE 18DOWNTOWN OVERLAY DISTRICTSubdistrict A: Historic Mill Area TOWN OF NORTH ANDOVER (MARCH 13, 2001, REV. 2006)REGULATION Sections 1.00 through 7.00Section 3.01Section 4.0 Zero Prescott . 6 3 37.38.39. . , 2026) June 2 , but as further described (Rev. , 2025 21 to allow the placement of any PROPOSED Waivedwork within newly paved public ways, if necessaryin the Comprehensive permit Zero Prescott0 Prescott StreetOctober 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. 25 DESCRIPTION Restrictions for Altering Newly Paved Public Ways 4 (OTHER LOCAL REQUIREMENTS) TITLE Section List of Waivers -- TOWN OF NORTH ANDOVER REGULATION Town of North Andover Division of Public Works Policy & ProceduresPavement MoratoriumRevised September 26, 201 40. Zero Prescott