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