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HomeMy WebLinkAboutDraft Decision - Decision - 0 Prescott Street 4/29/2026 Draft 4.29.26 Case No. [insert number] COMMONWEALTH OF MASSACHUSETTS NORTH ANDOVER ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT DECISION East Mill Housing LLC 0 Prescott Street,North Andover RE: Application of East Mill Housing LLC, 17 Ivaloo Street, Somerville, Massachusetts 02143, for Comprehensive Permit pursuant to M.G.L. c. 40B. APPLICANT: East Mill Housing LLC, a Massachusetts Limited Liability Company that will establish its limited dividend status PROPERTY: 0 Prescott Street,North Andover,North Andover Assessors Map 68, Lot 10 (Parcel ID 068.0-0010-0000.0). DEVELOPMENT: Zero Prescott DATE: [insert date], 2026 North Andover Zoning Board of Appeals: Michael T. Lis, Chair Laura Craig-Comin,Vice-Chair Frank J. Killilea, Clerk Alexandria A. Jacobs, Member James M. Testa, Member North Andover Special Counsel Carolyn M. Murray, Esquire KP Law, P.C. 101 Arch Street, 12th Floor Boston, MA 02110 For Petitioner: John T. Smolak, Esquire Smolak&Vaughan East Mill, 120 Water Street, Suite 406 North Andover, MA 01845 11029912vll I. Factual Background Petitioner in this matter is East Mill Housing LLC, a Massachusetts limited liability company (the "Applicant"), controlled by RCG North Andover Mills LLC("RCG"). The Applicant requests a Comprehensive Permit pursuant to Massachusetts General Laws, Chapter 40B ("M.G.L. c. 4013"), Sections 20 through 23, as amended, to allow the construction of 296 rental units in two multifamily buildings attached by a central parking garage to be called "Zero Prescott" (collectively, the "Project") to be constructed upon a 6.13 +/- acre parcel which is currently improved by a two-story parking garage at the corner of High and Prescot Streets at 0 Prescott Street (the "Property"). As detailed in the application, the proposed residential development consists of two residential multi-family buildings, adjoined by a central parking garage, each containing four to five stories with a combination of studio, one,two, and three bedroom units. 1. The Project is located on approximately 6.13+/- acres of land, at 0 Prescott Street, located within the Industrial S (I-S) and Residential 4 (R-4) zoning districts and the Downtown Overlay District — Subdistrict A Historic Mill Area, all located in the Town of North Andover, Massachusetts (the "Town"). The Property is listed by the North Andover Assessor's Office as Assessors Map 68, Lot 10 (Parcel ID 068.0-0010-0000.0). 2. The Property is owned by RCG (the "Owner") pursuant to a quitclaim deed recorded with the Essex North Registry of Deeds in Book 10601, Page 340. The Applicant has site control by virtue of a related entity, RCG North Andover Mills LLC, which owns the site as is deemed by the Subsidizing Agency to be sufficient to control the Site as required under Section 56.04(1)(c) of the Chapter 40B Regulations. 3. The Project consists of 296 rental units distributed across two (2) multi-family residential buildings connected at the center by a parking garage. The Project will be accessed via the existing driveway entrance off of the adjacent subdivision road extending onto High Street,which is currently, and will continue to be, shared with other uses at the East Mill. Building One contains a gross square footage of 157,715 with 150 rental units with a makeup of 22 studio, 69 one bedroom, 43 two bedroom, and 16 three bedroom units. Building Two contains a gross square footage of 158,738 with 146 rental units with a makeup of 25 studio, 50 one bedroom, 56 two bedroom, and 15 three bedroom units. 25% of the units will be designated as affordable to households earning up to 80% of Area Median Income. Each building will be four to five stories, adjoined by a central parking garage. 4. The Project application, plans, and documents set forth in Exhibit A, (collectively, the "Site Development Plans") were received in the application or during the public hearing and are hereby incorporated by reference in this decision(the "Decision"). II. Procedural History 1. The Applicant filed its application for a Comprehensive Permit pursuant to M.G.L. c. 40B on October 23,2025 2. Upon agreement of the parties, the North Andover Zoning Board of Appeals (the "Board") opened the public hearing on November 20, 2025,which hearing was thereafter continued to January 20, 2026, February 25, 2026, March 24, 11029912v1} 2026, April 8, 2026, April 29, 2026, and [insert dates]. The Board voted to close the public hearing on [insert date]. 3. The Applicant's initial application submittals include: a. Comprehensive Permit Application, dated October 21, 2025, including: I. A cover letter to the Board, signed by Manager of RCG North Andover Mills LLC David Steinbergh, dated October 21, 2025; ii. Summary of the Applicant, Development Proposal, Local Need, and Permit Request; III. Jurisdictional Requirements; iv. Site/Existing Conditions Report; v. Narratives and Exhibits vi. Attorney Signature Page signed by Attorney John Smolak; vii. Board Signed Permit Application, signed by Manager of RCG North Andover Mills LLC, David Steinbergh; viii.Owner Authorization, signed by Manager of RCG North Andover Mills LLC,David Steinbergh; ix. Tabulation Data as required under Section 56.05(2)(d) of the Chapter 40B regulations, and Section 3.01(d)of the Board's rules; x. Applicant Entity Information, stating Applicant shall be a Limited Dividend Organization as it is eligible to receive a Subsidy from a Subsidizing Agency; xi. Evidence of Site Control I. Quitclaim Deed to RCG North Andover Mills LLC, dated January 22,2007, recorded in Book 10601, Page 340; il.Purchase and Sale Contract between RCG North Andover Mills LLC and East Mill Housing LLC, dated June 11, 2025; xii. Determination of Project Eligibility I. Project Eligibility Letter issued by MassHousing, MassHousing ID No. 1281, dated September 16, 2025; xiii.Waiver request, as required under Section 56.05(2)(h) of the 40B Regulations and Section 3.01(h) of the Board rules; I. Waivers List addendum; xiv.Applicant and Project Team presentation; xv. Stormwater Management Report, prepared by Civil Design Group, LLC, dated October 2025; xvi.Transportation Impact Assessment Executive Summary, prepared by Vanasse & Associates Inc ("VAI"), signed by Managing Partner Jeffrey Dirk, P.E., dated October 2025; xvii. Certified Abutters List, certified October 14, 2025; xviii. Comprehensive Permit Site Development Plans for Zero Prescott, prepared by Civil Design Group, LLC, dated October 21, 2025; xix.Zero Prescott, Architectural Drawings, prepared by The Architectural Team, Inc. ("tat"), dated October 21, 2025; xx. Full Transportation Impact Assessment, Prepared by VAI, signed by Managing Partner Jeffrey S. Dirk, P.E.,dated October 2025; xxi.Full Stormwater Management Report, prepared by Civil Design Group, LLC, dated October 2025, revised February 2026; 11029912v1} xxii. Zoning Board of Appeals, November 20, 2025 public hearing presentation, and xxiii. East Mill Housing LLC Comprehensive Permit application, signed by David Steinbergh, Manager of RCG North Andover Mills LLC, dated October 23, 2025. ii.Applicant's revised materials, Board Peer Reviewer Comments, and Responses include: a. Initial Technical Peer Review - Comprehensive Permit Application, prepared by the Horsley Witten Group ("HW"), dated December 16, 2025; b. Traffic Monitoring Peer Review, prepared by VHB, dated December 26, 2025, with attachments Traffic Monitoring Memorandums, prepared by VHB on behalf of AvalonBay Communities, Inc., dated February 16, 2024 and February 10, 2025; c. Peer Review Response to Comments by HW, prepared by Civil Design Group, LLC("CDG"), dated February 11, 2026; d. Second Technical Peer Review of the Comprehensive Permit Application, prepared by HW of the Comprehensive Permit Application, revised February 2026, dated March 3, 2026; e. Peer Review Response to Comments by VHB,prepared by VAI in response to the December 26, 2025 memorandum prepared by VHB, dated March 5, 2026; f. Traffic Peer Review 42, prepared by VHB in response to VAI's March 6, 2026 letter, dated March 13,2026; g. Peer Review for Architecture, Site Design & Landscaping, prepared by Gamble Associates in response to drawing set dated November 14, 2025, dated March 13, 2026 with addendum; h. Third Technical Peer Review of the Comprehensive Permit Application prepared by HW of the Comprehensive Permit Application, revised February and March 2026, dated April 2, 2026; In. Letters and Comments from Town Departments include: a. Police Department Comments, dated March 16, 2026; b. Building Department Comments, dated March 31, 2026; c. Conservation Commission Comments, dated March 31, 2026; d. Department of Public Works Comments, dated April 1, 2026 with attached memorandum; e. Fire Department Comments, dated April 6, 2026; iv. Letters and Comments from Abutters include: a. E-mail from Jean Enright, subject Prescott-High Street Project, dated August 25, 2025; b. Online form Submittal from Michale Ronayne, subject Concerns Regarding Massive Housing Development at 0 Prescott Street (the East Mill Parking Garage),North Andover, dated November 8, 2025; c. E-mail from Robin Morgasen, subject Concerns over Proposed apartments at High St. Mill,dated November 19, 2025; d. E-mail from Andrew Sarme, subject 40B hearing, dated January 20, 2026; e. E-mail from Carla English, subject Grading, dated January 20, 2026; f. Online form Submittal from Laurian Marchand, subject 0 Prescott development, dated January 20, 2026; g. E-mail from Amanda Prophett, subject ZBA meeting Comments 1/20/2026, dated January 20, 2026; 11029912v1} h. E-mail from Jim Holland, subject Traffic meting 1/20, dated January 20, 2026; i. E-mail from Jim Holland, subject Written public comments for 3/24/2026 Zoning Board of Appeals Meeting, dated March 23, 2026; J. Sidewalk Condition photographs from February and March 2026, submitted March 23, 2026; k. Online form Submittal from Jim Holland, subject Presentation re: 0 Prescott Street, dated March 25, 2026; 1. E-mail from Jim Holland, subject Prescott ZBA 4/8/2026 comment, dated April 6, 2026,with Prescott St Sidewalk to Nowhere report attachment; in. Public comment questions for April 8, 2026 Board meeting, and n. Letter from Michael Ronayne, Concerns Regarding the Proposed Massive Housing Development at 0 Prescott Street (the East Mill Parking Garage), North Andover. III. Findings of Fact A. Regulatory Findings 1. The Board finds that the Applicant has complied with all rules and regulations of the Town as they pertain to the application for a Comprehensive Permit, with the exception of any waivers from said rules and regulations expressly granted by the Board. 2. The Board finds that the Applicant demonstrated eligibility to submit an application for a Comprehensive Permit to the Board and that the proposed development fulfills the requirements set forth within 760 CMR 56.04 in that: a. The Applicant has formed a single-purpose entity, East Mill Housing LLC, which is to be the "limited dividend organization" as that term is used in M.G.L. c. 40B, § 21 and 760 CMR 56.04(1). b. The Project is eligible for the grant of a comprehensive permit by virtue of the issuance of the Project Eligibility Letter from MassHousing, dated September 16, 2025, a copy of which was provided to the Board. c. The Applicant has "control of the site" as that term is used pursuant to M.G.L. c. 40B, § 21 and 760 CMR 56.04 (1) in that it has a legal and/or equitable interests in the Property as demonstrated by Quitclaim Deed to RCG North Andover Mills LLC, dated January 22, 2007, recorded in Book 10601, Page 340 and Purchase and Sale Contract between RCG North Andover Mills LLC and East Mill Housing LLC, dated June 11,2025. d. The Applicant has agreed to execute a Regulatory Agreement in accordance with Chapter 40B and the regulations and guidelines adopted thereunder by EOHLC and the Subsidizing Agency. 3. The Board finds that the Applicant has provided evidence that there exists a regional need for low and moderate income housing. The Board also finds that the Town, according to the Subsidized Housing Inventory maintained by the Executive Office of Housing and Livable Communities ("EOHLC"), has not achieved the statutory minima as set forth in M.G.L. c. 40B, §2 0 and or 760 CMR 56.03(3) in that Subsidized Housing Inventory ("SHP')-qualified 11029912v1} affordable housing is 8.07% and therefore does not constitute more than 10% percent of the total number of year-round dwelling units in the Town; nor is 1.5% of the Town's land area dedicated to SHI-qualified affordable housing; nor will the development of 296 rental units consistent with the application result in the commencement of construction of such housing on sites comprising more than three-tenths of one percent of such land area. At the time of the Applicant's comprehensive permit application, the Town of North Andover had a Housing Production Plan pursuant to 760 CMR 56.03(4), which has been formally approved by the EOHLC. The Town has not achieved recent progress toward its housing unit minimum pursuant to 760 CMR 56.05(6). The Project does not constitute a Large Project pursuant to 760 CMR 56.03(7) and the Applicant's comprehensive permit is not a Related Application pursuant to 760 CMR 56.03(7). B.Project Factual Findings 4. The Property is an approximately 6.13 +/- acre parcel improved by a two-story parking garage located at 0 Prescott Street. 5. The Property is within the Industrial S (I-S) and Residential 4 (R-4) zoning districts and the Downtown Overlay District — Subdistrict A Historic Mill Area, all located in the Town of North Andover, Massachusetts. The Project consists of the development of 296 rental units within two residential buildings, adjoined by a central parking garage, each building containing four to five stories together with parking, landscaping, infrastructure, and related residential accessory uses. 6. The Board finds that the Project includes sufficient on-site and off-site parking, as described in the Shared Parking Plan set forth in Exhibit B. (TBD by Board) 7. The Project will be accessed via the existing driveway entrance off of the adjacent subdivision road extending onto High Street, which is currently, and will continue to be, shared with other uses at the East Mill. 8. The local community voiced strong opposition to the Project. Areas of concern included project size and density out of proportion with the neighborhood, congested traffic and safety conditions resulting therefrom such as increased traffic during school hours and on-street parking, sufficiency of the traffic study, and light pollution to name a few. 9. The Board finds that the Project, as conditioned herein, is/not consistent with local needs. 1V. Decision Pursuant to M.G.L. c. 40B,the Board, after public hearings and making findings of fact including,but not limited to the facts stated herein, hereby grants/denies a Comprehensive Permit to the Applicant for the Project, to be constructed according to the Site Development Plans subject to the following conditions of approval ("Conditions of Approval") and waivers granted herein, as set forth in Exhibit C. 11029912v1} V. Conditions of Approval ADMINISTRATIVE 1. This Comprehensive Permit is granted to the Applicant and its limited dividend successors and assigns for the purpose of constructing the Project as conditioned herein and may not be transferred or assigned to any parry prior to substantial completion of the Project or a phase thereof without the approval of the Subsidizing Agency and notice to the Board, as required by 760 CMR 56.05(12)(b) or any successor regulation. Transfer of a permit shall not, by itself, constitute a substantial change pursuant to 760 CMR 56.07(4). After substantial completion, the Comprehensive Permit approved by this Decision shall be deemed to run with the land. 2. Except as provided in the following conditions or in the Final Plans referenced below, the Project shall be constructed substantially in conformance with the plans and drawings listed in Exhibit A, which for the purposes of the Comprehensive Permit shall be considered the "Site Development Plans". 3. Pursuant to the Waiver List revised through [insert date], the Board has granted waivers from the North Andover Zoning Bylaw and other local bylaws and regulations as set forth in Exhibit C and to the extent not listed in Exhibit C, the Board grants those waivers as are apparent on the Site Development Plans. Additional or more expansive waivers of any local bylaw or regulations must be approved by the Board pursuant to 760 CMR 56.05(11). To the extent that additional waivers are subsequently determined to be required with respect to improvements that are otherwise shown on the Site Development Plans, such waivers may be deemed an insubstantial change to the Comprehensive Permit under 760 CMR 56.05(11) and can be granted administratively by the Board. 4. The Board shall have the power, at a public meeting with notice to the Applicant and without further public hearing to modify or amend the terms and conditions of this Comprehensive Permit on the application of the Applicant, or upon its own motion, to correct technical errors in this Comprehensive Permit, or to address the Applicant's noncompliance with any terms or conditions of this Comprehensive Permit, as insubstantial changes pursuant to 760 CMR. 56.05(11), all to the extent provided by law. 5. In the event the Applicant seeks any change in the Comprehensive Permit after this Decision is final, any such change must be presented to the Board for approval and for modification of this Decision. Within 20 days the Board shall determine and notify the Applicant whether it deems the change substantial or insubstantial,with reference to the factors set forth at 760 CMR 56.07(4). If the change is determined to be insubstantial or if the Board fails to notify the Applicant by the end of such 20-day period, the Comprehensive Permit shall be deemed modified to incorporate the change. If, during a public meeting, the Board deems a change to be substantial,then the Board shall hold a subsequent 11029912v1} public hearing within 30 days of its determination and issue a Decision within 40 days of termination of the hearing, at which the Board may approve or disapprove the requested modifications or amendments to this Decision, in accordance with the provisions of M.G.L. c. 40B, Section 21 and 760 CMR 56.05(11). The Board will determine whether additional information and advice is necessary from other boards and officials in the event of such substantial change and will then determine whether the change or requested relief is to be approved and the Decision amended accordingly. "Substantial Change" for the purposes of this paragraph shall include, but not be limited to, all matters defined as substantial changes in 760 CMR 56.07(4). If it deems necessary, the Board may at the Applicant's reasonable expense retain consultants to review and advise the Board regarding any proposed changes. 6. Unless substantial construction of the Project has commenced as further defined by the issuance of a building permit, the Comprehensive Permit shall expire three years from the date the Decision is filed with the Town Clerk, excluding any time required to adjudicate or resolve any appeal and to the extent applicable, as such period may be tolled or extended by legislation. Any requests for an extension of time shall be made in writing no less than thirty days prior to the expiration of the Comprehensive Permit. 7. Following the passage of the appeal period or thirty (30) days following the final adjudication or resolution of an appeal, if any, the Applicant shall record this Decision at the Essex North Registry of Deeds and provide proof of said recording to the Board staff. No building permits will be issued until this condition is satisfied. 8. The Town, by and through the Board or its designee, shall have continuing jurisdiction over the Project to ensure compliance with the terms and conditions of this Decision. 9. If any part of this Decision is for any reason held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of any other portion of this Decision. 10. Copies of all required legal documents necessary to comply with terms of this Decision shall be submitted to the Board and the North Andover Town Counsel for review for consistency with this Decision, prior to issuance of any certificate of occupancy. HOUSING 11. The Project shall not be age restricted. 12. This Comprehensive Permit is issued pursuant to the project eligibility letter issued by the Subsidizing Agency dated September 16, 2025. 13. The Project shall be limited to 296-units of condominium home ownership units distributed across two (2) separate multi-family buildings, adjoined by a central parking garage. Building One contains a gross square footage of 157,715 with 150 rental units with a makeup of 22 studio, 69 one bedroom, 43 11029912v1} two bedroom, and 16 three- bedroom units. Building Two contains a gross square footage of 158,738 with 146 rental units with a makeup of 25 studio, 50 one bedroom, 56 two-bedroom, and 15 three-bedroom units. Of these dwelling units, 25% of the units (not less than 74 units) will be designated as affordable as defined and amended from time to time by the Subsidizing Agency (the "Affordable Units") and shall be marketed to eligible households subject to approval by the Subsidizing Agency. Per the Subsidizing Agency's rules and guidelines, the Affordable Units shall be evenly dispersed throughout the Project and shall be integrated into the Project and the exterior of the units shall not be readily distinguishable from the market rate units in the Project. Before building permits are sought, the Applicant shall submit a plan or narrative identifying the affordable units as designated for initial occupancy to the Building Department. The Affordable Units shall remain affordable units in perpetuity or for as long as the Project does not conform to the Town's Zoning Bylaw, or the longest period allowed by law, whichever is longer, so that the Affordable Units shall continue to serve the public purposes for which this Comprehensive Permit was authorized under M.G.L. c. 40B, §§ 20-23. The Affordable Units shall be, and shall remain eligible to be, included in the Town's SHI as maintained by EOHLC. 14. The Applicant shall notify the Board and EOHLC when building permits are issued for the Project and cooperate with the preparation of request forms to add the Project to the Town's SHL The Applicant shall also notify the Board and EOHLC when occupancy permits are issued for the Project and cooperate with the preparation of request forms to add the units to the Town's SHI permanently. 15. The Applicant shall provide to the Board for its records a copy of the final executed documents with the Subsidizing Agency, including a regulatory agreement in accordance with 760 CMR 56 (the "Regulatory Agreement") prior to issuance of any certificate of occupancy for the Project. 16. The maximum number of affordable units allowed by law and the applicable subsidy program, but no more than a total of 70% of the affordable units, shall be reserved for present residents of North Andover, employees of the Town of North Andover or teachers employed by the North Andover school district, of which the Town has requested. If such preferences are approved by the Subsidizing Agency, a lottery shall be established in a form approved by the Subsidizing Agency to effectuate the local preference with an approved second lottery for all other applicants. The Town shall be responsible for providing evidence required by the Subsidizing Agency to support the local preference requirements. The Board acknowledges that in no event shall the Applicant be in violation of the terms of this Comprehensive Permit to the extent the Subsidizing Agency disapproves a local preference or any aspect thereof If the Board or its designees does not provide such information within 60 days of a written request of the Applicant, its Lottery Agent, the Subsidizing Agency, then this condition shall be without effect and void. 17. If at any time it appears that the Applicant is in violation of an affordable housing restriction, then the Board may pursue such enforcement rights, as it may have under the affordable housing restriction and/or applicable law. 11029912v1} PLANS 18. The Applicant shall construct and improve the Property as substantially described on the Site Development Plans described in Exhibit A. Prior to issuance of any building permit for the Project,the final plans for the Project, stamped by a registered architect, registered professional land surveyor or registered professional engineer, as may be applicable, (the "Final Plans") shall be submitted to the Board for review by the Board's peer review consultant to confirm that the Final Plans are consistent with this Comprehensive Permit. Any material differences identified by the peer review consultant shall be reviewed and approved by the Board in accordance with 760 CMR 56.05(11). 19. Such Final Plans and As-Built Plans shall conform to the requirements of this Decision unless expressly requested otherwise by the Building Commissioner: a. Be submitted in the following format: one set of full sized and one set of reduced plans (I I"by 17"), in addition to a digital copy of the final stamped plan set and any recordable plan sheets, b. Reflect: (i) the additional plan details and revisions called for under the Conditions of Approval set forth herein; (ii) any additional changes required by other local boards and agencies to comply with state and federal law and any local regulations not waived by this Comprehensive Permit; and (iii) any requirements of the Subsidizing Agency upon final approval of the Project. c. Conform to all pertinent requirements of the Americans with Disabilities Act (ADA) and Massachusetts Architectural Access Board (MAAB), to the extent applicable. The Applicant shall provide easements for any proposed ADA Ramp encroachment onto their property along public layouts. 20. The Applicant shall provide the Final Plans and As-Built plans in digital format acceptable to the Town including but not limited to a format compatible with the Town's Geographic Information System ("GIS"). The digital copy of the final set of approved as-built plans must follow the five requirements listed below unless waived by the Building Department: a. All plans and specifications must be submitted on electronic media (via cloud, flash drive, CD or DVD_ROM) using an IBM-PC or compatible file format). Acceptable file formats include: AutoCAD *.dwg,AutoCAD *.dxf, Arc View *.shp, or ArcGIS Geodatabase *.mdb. The files must be identical to the printed plan and contain all information included on the written plan. Upon project completion a digital submission of the "as-built" plan is required prior to receiving a Certificate of Completion from the Building Department. b. All digital mapping data must be delivered in the Massachusetts State Plane Coordinate system with a horizontal datum of NAD83 and vertical datum of NGVD88. c. Each feature type must be organized in the CAD or GIS data structure as a separate layer using logical layer names. For example, there must be separate CAD layers for buildings, roads,parcel lines, and wetlands. Having all these features in a single CAD layer or GIS file will not be accepted. 11029912v1} d. Documentation of the data format must be provided with a description of the CAD layers and list of the types of features placed in each layer. Submission of multiple files must also include a list of the files and their purpose. e. The data submitted must include documentation on the method used to gather the data, the name of the person(s) responsible for preparing the data, contact information, an estimation of the horizontal and vertical accuracy, and the date of data capture. All media shall be free from any and all defects and viruses and labeled as to their contents. 21. As-built Plans. Prior to the issuance of the final certificate of occupancy for the Project, the Applicant shall provide "as-built" plans of the roads, buildings, water, and electrical distribution systems to the Board, Fire Department, Building Department and Department of Public Works ("DPW"); such plans shall be submitted to the Board for review by the Board's peer review consultant for consistency with this Decision. The As-built plans must show the Property's drainage system locations, rims/inverts, pipe types, pipe slopes, etc. The plans must be stamped by a Registered Professional Engineer and include a stamped letter certifying the drainage system has been installed per the proposed plans. 22. Prior to the issuance of the final certificate of occupancy for the Project and upon completion of water main construction, the Applicant shall submit copies of water main as-built plans and service connection tie cards to the DPW Engineering Division(1 copy) and DPW Water& Sewer Division (1 copy). 23. Prior to the issuance of the final certificate of occupancy for the Project and upon completion of sewer construction, the Applicant shall submit copies of sewer as-built plans and service connection tie cards to the DPW Engineering Division (1 copy)and DPW Water& Sewer Division(1 copy). CONSTRUCTION 24. The Project infrastructure necessary for the operation of any Project building shall be substantially completed, as determined by the Building Commissioner, prior to the issuance of a certificate of occupancy for that building. 25. Except where specifically waived by this Comprehensive Permit or as reflected on the Final Plans, construction shall be in accordance with all applicable zoning and other bylaws, rules and regulations of the Town. 26. Prior to issuance of any building permit, the Applicant shall provide evidence of final approval from the Subsidizing Agency pursuant to 760 CMR 56.04(7) to the Board and Building Department. 27. No construction upon the Property ("Site Activities") shall begin prior to a preconstruction conference. The Applicant shall convene a preconstruction conference with invitations to Town departments including, but not limited to, the Building Department, Fire Department, DPW, and Community Development Department at least 14 days prior to the planned commencement of construction of the Project. The Applicant shall convene such conference by 11029912v1} contacting the Building Department in writing. All relevant contractors and subcontractors involved with site preparation/site construction activities shall attend this meeting. This Decision with Conditions of Approval shall be reviewed by all parties involved. At the conference, a schedule of inspections shall be agreed upon by the Applicant, the Board, and other municipal officials or boards subject to the Board's or its agent's final review and assent. No utility work, earthwork or other site preparation activities shall occur until the Applicant has obtained a notice to proceed from the Building Commissioner. 28. Prior to the issuance of any building permit, Applicant shall submit construction plans and meet with DPW for final review and approval of all utilities. Construction plans must show adequate detail on the size and material of the proposed water mains and any fire service lines, including valves, fittings, hydrants, post indicator valves, and other related appurtenances. Applicant shall coordinate with the Water & Sewer Division to schedule an inspector to oversee the construction, chlorination and pressure testing of all water mains and services. Applicant is responsible for paying any fees for inspector services. 29. Prior to the issuance of any building permit, Applicant shall submit construction plans and meet with DPW for final review and approval of all utilities. Construction plans must show adequate detail on the size and material of the proposed and existing sewers, including sewer laterals, clean-outs and manhole locations. Applicant shall coordinate with the Water & Sewer Division to schedule an inspector to oversee the abandonment, construction, video inspection, and testing of all sewers and appurtenances. Applicant is responsible for paying any fees for inspector services. 30. Prior to issuance of building permits, the Applicant shall have executed and recorded the Regulatory Agreement, in a form approved by the Subsidizing Agency and provided evidence of same to the Board and the Building Commissioner; 31. No Site Activities shall occur on the Property until the Applicant has: a) Determined the volume of cuts/fill needed for the project and provided such information to the Board signed by a Registered (Civil) Engineer of record. The cuts/fills will be submitted and administratively reviewed as part of submittal of Final Plans; b) Submitted to the Board, for review by the Board's peer review consultant, Final Engineering Drawings and Plans ("Final Plans") that conform to the requirements of the Comprehensive Permit and incorporate the conditions herein. Applicable sheets for the Final Plans shall be signed and sealed by the Professional Land Surveyor, Professional (Civil) Engineer and/or Registered Architect, as applicable. The Final Plans are to be submitted to the Board and Inspectional Services at least 45 days prior to the anticipated commencement of building construction or submission of an application for a building permit. If no written response or comments have been given to the Applicant within 30 days after the Final Plans have been delivered, the Final Plans will be deemed to have been approved. 11029912v1} c) Submitted to the Board and the Building Commissioner a Construction Management Plan (the "CMP"), as well as a Construction Management Schedule (the "CMS"), that generally conforms to industry standard practice and addresses all construction-related conditions specifically set forth in this Decision. Additional copies of the proposed CMP shall be provided to the Board, Board of Health, and Fire Chief, d) Provided to the DPW and Building Commissioner a final Stormwater Pollution Prevention Plan (the "SWPPP") to address specific sedimentation, erosion and dust control, which illustrates, at a minimum, locations of measures such as hay socks, silt fence, sedimentation basins, and all other erosion controls on the plans, and provides detailed construction sequencing and methods to protect the infiltration capacity of each infiltration system; and e) Provided procedures to the Building Commissioner that outline the specific operation and maintenance measures for all stormwater/drainage facilities. 32. Prior to Site Activities, the Applicant shall provide, and update as necessary,to the Board and Building Commissioner: a. the company affiliation, name, address and business telephone number including 24-hour contact information of the construction manager who shall have overall responsibility for construction activities on site; b. a copy of a municipal lien certificate indicating that all taxes, assessments and charges due on the Project have been paid; c. written confirmation from the Applicant that all required federal, state and local licenses and permits relating to the Project on the Property have been obtained; d. proof that street signage is in place to ensure that emergency personnel can locate the site to provide emergency services to protect and secure the site and construction personnel (if determined necessary by the Fire Department and/or Police Department); and e. at least 48 hour written notice. If activity on site ceases for longer than thirty days, 48-hour written notice is required prior to restarting work. 33. During construction, the Applicant shall conform to all local, state and federal laws regarding noise, odor, vibration, dust, and blocking of Town roads. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents and businesses in the general area. Excavation, trucking and equipment start-up and operation, and any related activity in connection with the development of the Project shall only be undertaken Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. All other activities, including but not limited to commercial construction, demolition, repair, paving or alteration activities in the construction of the Project shall only be performed Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. Except for emergency work, there shall be no excavation or exterior construction activities performed on any Sunday or state or federal legal holiday. Deliveries shall not commence before 7:00 a.m. 11029912v1} 34. During construction, at the end of each workday, the Applicant shall cause all erosion control measures to be in place and shall cause all materials and equipment to be secured. Upon completion of all work on site, all debris and construction materials shall be removed and disposed of in accordance with state laws and regulations and the Board shall be notified in writing of the final disposition of the materials. 35. The Board or its agent(s) may enter onto and view and inspect the Property during regular business hours, with prior written notice, with consent not to be unreasonably denied or delayed, to ensure compliance with the terms of this Decision, subject to applicable safety requirements. After completion of construction, the Town's inspection officials shall have authority subject to prior written notice, with consent not to be unreasonably denied or delayed, to enter the common areas of the property for purposes of ensuring compliance with the conditions of this Decision and any other applicable permits, regulations,bylaws and statutes. 36. All staging areas, including without limitation parking areas for construction personnel, portable toilets, temporary work facilities, etc. shall be on the Property. Thirty days following the issuance of the final certificate of occupancy for the Project, construction staging areas shall be cleared and completed in accordance with the Final Plans. 37. Pursuant to 780 CMR 33, the Building Commissioner may require that any foundation, trench, structure, equipment or other hazard be secured as necessary, in his opinion, including but not limited to installation of fencing and/or filling of trenches. 38. To the extent that landscaping for the Project is not completed prior to the issuance of the final certificate of occupancy, the Applicant shall provide the Town with a satisfactory surety instrument, that shall not expire unless and until it is satisfactorily replaced or released, and in an amount to be determined by the Board in consultation with Town officials and other consultants, based upon the Applicant's reasonable estimate of the costs to complete such landscaping work. Project surety shall be held by the Town Treasurer as cash, letter of credit, bond, or a tri-party agreement until the Treasurer is notified by the Board to release the surety. Requests to reduce the surety may be submitted as the landscaping work progresses and shall include the amount of requested reduction, a list of work outstanding and a cost estimate of the same. The amount of the surety retained shall be based on the cost estimate of the remaining work, and the surety shall be fully released upon the completion of the landscaping work. 39. The SWPPP shall show the layout of the erosion control devices. An erosion control, construction management and construction sequencing plan(s) showing the construction methods, scheduling, phasing, winter stabilization measures, and location of necessary water pollution and erosion control methods shall be submitted as part of the Applicant's SWPPP. 40. If construction is temporarily suspended during the growing season, all exposed areas shall be stabilized by seeding and/or mulching within 14 days of 11029912v1} suspension of construction. If construction is temporarily suspended outside the growing season, all exposed areas shall be stabilized by mulching and tack within 14 days of suspension of construction. Unstable slopes steeper than 3:1 shall be stabilized by netting and pinning during suspension of construction. INFRASTRUCTURE 41. All utilities and water construction and materials shall be constructed consistent with the Final Plans and otherwise in accordance with Town requirements except as otherwise shown on the Final Plans. 42. All utilities (with the exception of meters, boxes and other appurtenances) within the Project shall be installed underground. 43. Unless otherwise provided for herein, the following portions of the Project shall be and shall remain forever private and the Town shall not have, now or ever, any legal responsibility for the operation, maintenance, repair, or replacement of a. the entire on-site stormwater management system and all stormwater, lines and equipment required to serve the Property; b. the sidewalks, driveways, roads, utilities, drainage systems, fire protection, gas (if applicable), electric, telephone, and cable system and all other infrastructure shown on the Final Plans as serving the Project, including but not limited to plowing, sanding, snow removal, trash collection, site maintenance, and landscape maintenance; and c. property lighting, landscaping, and screening. 44. Prior to issuance of final occupancy permits, Applicant shall grant applicable easements to the Town for all improvements that extend into the public roadway layout for regulatory traffic control or as otherwise applicable. 45. The Applicant shall also be responsible for conducting annual inspection, maintenance and cleaning of all elements of the drainage system located on the Property. 46. DPW Conditions a. The Applicant shall provide fencing around all open stormwater infiltration/detention areas. b. The Applicant shall employ water-saving devices and fixtures throughout the development, 47. Fire Department Conditions: a. Alarm and Sprinkler Systems. The buildings shall contain a fire sprinkler system. The Applicant shall submit final fire alarm/sprinkler plans to the North Andover Fire Chief for review and approval. The Applicant shall install sprinklers in compliance with M.G.L. c. 148, § 26I, which requires a sprinkler system designated per the National Fire Prevention Association 11029912v1} Code and the Massachusetts State Fire Code, as reviewed and approved by the Fire Chief. All fire protection systems shall comply with the State Building Code and any amendments thereto. b. Unless otherwise approved by the Fire Chief or designee, Fire Apparatus Access: I. Roadways must be at least 25 feet in width or as otherwise approved by the Fire Chief as shown on the Final Plans; ii. Turning radius shall be no less than 60 feet for all turns; iii. Fire lanes shall be approved by the Fire Chief or designee, are always to be no less than 20 feet in width and remain open and shall be marked by yellow lines, a minimum of 4 inches in width, spaced no more than 3 feet apart and extending a minimum of six feet on the diagonal from the curb; iv. An overlay diagram will be required to demonstrate the ability of the Town's largest piece of fire apparatus to enter, maneuver, reverse direction, and negotiate at each road, intersection, turn egress/exit and dead-end feature. Dimensions and vehicle specifications will be provided by the North Andover Fire Department upon request; v. Overhead clearance of no less than 13 feet 6 inches is to be maintained; and vi. Hydrant spacing to be no more than 500 feet in residential sections located on the same side of the drive aisle as the building. c. Prior to the start of any construction, Applicant shall submit a fire safety plan, including providing adequate site access, which shall be approved by the Fire Chief or designee. d. Prior to the issuance of any building permit the Applicant shall submit plans and supporting materials and calculations for review and approval by the North Andover Fire Department under state law. Submission materials shall demonstrate compliance with all applicable access requirements. e. The Fire Chief or his designee shall approve the final location of all fire hydrants on the Property. f. Prior to the issuance of any building permit,Applicant shall submit proof of adequate and uninterrupted fire protection water supply and sufficiency of flow(minimum of 20 pounds per square inch of water flow)to the Project. g. Every building shall have affixed thereto the address of said building,which shall be visible from the nearest street or road providing access. h. Knox boxes shall be required, and their location shall be determined by the Fire Department. I. No combustible mulch shall be used within eighteen inches of combustible portions of the exterior of buildings. J. The storage of any combustible and/or flammable fluids shall be obtained through the Fire Department. k. Prior to the issuance of the final occupancy certificate for this Project, Applicant shall submit an updated Swept Path Analysis reflecting post- construction conditions and designed for the largest piece of Fire Department apparatus,to the Fire Chief or designee for review and approval as to the location and adequacy of fire access. STORMWATER MANAGEMENT 11029912v1} 48. The Applicant shall comply with the Massachusetts Department of Environmental Protection ("DEP") Stormwater Regulations and standards evidenced by the following: a. The specifications shown on the Final Plans; and b. Full Stormwater Management Report, prepared by Civil Design Group, LLC, dated October 2025, revised February 2026. 49. Snow shall only be stored in the areas designated on plans and shall not be placed within or above the stormwater management systems. 50. Stormwater Management Conditions: a. Prior to starting any Site Activities, the SWPPP shall be provided to the contractors during construction and a copy must be kept on site during construction. b. The Applicant shall comply with the SWPPP during construction and in perpetuity. c. The use of silt sacks within the proposed catch basins shall be used during construction. d. The post development impervious areas shall be consistent with the impervious areas shown on the design plans which were used to analyze and size the stormwater management system. e. The as-built conditions shall match the drainage areas shown on the Final Plans. f. Any imported fill shall have the same drainage characteristics as the existing site soils for which the stormwater analysis and design are based. 51. Stormwater Management Maintenance. The SWPPP and the Stormwater Operation and Maintenance ("O&M") Plan shall be consistent with the Full Stormwater Management Report, prepared by Civil Design Group, LLC, dated October 2025, revised February 2026. In the event that the Applicant or its successor fails to maintain the stormwater management system located on the Property in accordance with such guidelines for operation and maintenance, after notice to the Applicant or successor and the failure to reasonably cure, the Town may perform necessary maintenance or repairs and the Applicant or successor hereby authorizes the Town to enter the Property for this purpose. In such event,the Applicant or successor shall reimburse the Town for any and all expense associated therewith; in the event of nonpayment, the Town may place a lien on the Property and any improvement thereupon. All costs incurred by the Town in connection with its performance of such required maintenance on the Property shall be reimbursed by the Applicant or its successor to the Town within thirty (30) days of receipt of the Town's invoice for such costs, which shall constitute a municipal charge or fee, pursuant to M.G.L. c. 40, §§ 57 and 58. 52. The Applicant shall submit to the Board the O&M plan which shall include the name of the stormwater management system owners, schedule of maintenance for off-site forebay and infiltration basin, a plan showing location of all stormwater best management practices, description and delineation of public safety features, or an estimated operations and maintenance budget, prior to 11029912v1} issuance of a building permit. If Applicant contracts with a property manager, the O&M plan shall be available on-site and incorporated into any agreement as to the property manager's duties. GENERAL CONDITIONS 53. No tree stumps or other demolition and construction debris shall be buried on the Property. All tree stumps shall either be ground or removed from the Property.No burning is allowed on the Property. 54. Applicant shall maximize the use of native, drought-resistant plantings on Site and shall regularly replace any plantings that do not survive for a period of eighteen(18)months upon installation. 55. The Project shall be served by municipal water, at the Applicant's sole expense, in accordance with the currently applicable DPW requirements. 56. Property Management documents that govern the Project shall specify that parking for over-sized vehicles, recreational vehicles, trailers, boats and other similar non-standard vehicles shall be prohibited. 57. All outdoor lighting, including surface mounted building lighting and porch lighting, shall be installed and maintained as provided for in the Final Plans, in compliance the Town's Zoning Bylaw, §195-17.38. 58. Except where specifically waived by this Comprehensive Permit as listed in the attached Exhibit C, construction shall be in accordance with all applicable zoning and other bylaws, rules and regulations of the Town in effect on the date of this Decision. This Comprehensive Permit serves as the permit necessary to construct the Project under all local zoning and general bylaws, rules and regulations, unless otherwise provided herein. In the submission for building permits to construct the Project, the Applicant shall include an application, along with all necessary supporting materials, that would ordinarily be required for a building permit, which shall be reviewed by the Building Commissioner for consistency with this Decision. 59. The Applicant's site contractor shall consult with the Planning Department on developing a construction transportation plan that takes into consideration truck traffic and school drop-off and pick-up times. Appropriate signage on the Site shall designate the travel path and hours. PARKING 60. Applicant will provide sufficient on-site and off-site parking, as described in the Shared Parking Plan set forth in Exhibit B. (TBD by Board) 61. Parking shall include spaces for electric vehicles or are electric vehicle- ready Any Electric Vehicle charging stations shall be restricted to residential use only. 11029912v1} TRAFFIC/SITE IMPROVEMENTS 62. The proposed site entrance shall be designed to accommodate the North Andover Fire Department's largest piece of fire apparatus. 63. Signs and pavement markings shall comply with the Manual on Uniform Traffic Control Devises ("MUTCD") and shall be installed on the approaches to High and Prescott Streets, including STOP signs and STOP line pavement markings. 64. To maintain sight line triangles, plantings and structures shall be maintained at a height of 2 feet or less within the sight lines in the vicinity of the site driveways to provide unobstructed sight lines. 65. Applicant will provide not less than covered bicycle parking spots in the building garage to encourage the use of bicycles. 66. Applicant shall develop and offer a Transportation Demand Management program to encourage residents to use alternative modes of travel, to promote use of public transportation, and to educate residents about electric vehicle charging stations,pedestrian infrastructure, and secure bike parking. VI. RECORD OF VOTE On the Board voted_in favor and _opposed to approve/deny the Comprehensive Permit with Conditions contained herein and Waivers requested and listed in the attached Exhibit C, subject to the conditions set forth herein. The Board has complied with all statutory requirements for the issuance of this Comprehensive Permit. A copy of this Decision will be filed with the Town Clerk and mailed to all parties, persons or boards as required by M.G.L. c. 40B. Any person aggrieved by this Decision may appeal to a court of competent jurisdiction or the Housing Appeals Committee, as applicable, within 20 days as provided by M.G.L. c. 40A, § 17 or M.G.L. c. 40B, §20 et seq. Zoning Board of Appeals of the Town of North Andover: Michael T. Lis, Chairman Laura Craig-Comin,Vice Chair Frank J. Killilea, Clerk 11029912v1} Alexandria A. Jacobs, Member James A. Testa, Member We hereby certify that a copy of this decision was filed with the Town Clerk on: This decision shall not take effect until a copy of this decision certified by the Town has been recorded in the Essex North Registry of Deeds, and a certified copy indicating such Registry recording has been filed with the Board. Copy to Applicant via Certified Mail on: Notice of Decision mailed to interested parties on: 11029912v1} Exhibit A SITE DEVELOPMENT PLANS • Full set of Site Development Plans detailed in Exhibit A. 11029912v1} Exhibit B SHARED PARKING PLAN • Full set of Shared Parking Plans detailed in Exhibit B. 11029912v1} Exhibit C WAIVERS • Full list of Applicant's waiver requests and the Board's response detailed in Exhibit C. 11029912v1}