HomeMy WebLinkAboutDraft Decision - Decision - 0 Prescott Street 7/7/2026 Draft 7/7/2026
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 and Town of North Andover Comprehensive
Permit Rules and Regulations of the Zoning Board of Appeals (March 13, 2001, Rev. 2006).
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
Melissa Ruherford,Associate
North Andover Special Counsel Carolyn M. Murray, Esquire
KP Law, P.C.
101 Arch Street, 12th Floor
Boston, MA 02110
For Applicant: John T. Smolak, Esquire
Smolak&Vaughan LLP
East Mill, 120 Water Street, Suite 406
North Andover, MA 01845
Member missed more than one session of the public hearing and is disqualified from voting on the application per
G.L. c. 39, §2_3:IID.
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I. Factual Background
The Applicant 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 280 rental units,
reduced from the original proposal of 296 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 Prescott
Streets at 0 Prescott Street(the "Property").
1. 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.
2. The Project is located on approximately 6.13+/- acres of land, at 0 Prescott Street, located within
the underlying 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), and is more particularly shown as Lot
3 on a subdivision plan entitled "Subdivision Plan, East Mill, 1 High Street & 0 Prescott Street,
North Andover, Essex County, MA 01845," prepared by Design Consultants, Inc., and recorded
with the Essex North District Registry of Deeds as Plan No. 18129. The Property is owned by
RCG North Andover Mills, LLC (the "Owner") pursuant to a quitclaim deed recorded with said
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. During the hearing process, the proposed Project was reduced from 296 units to 280 units, along
with a commensurate reduction in parking spaces from 397 to 362 within the proposed parking
garage, moved the parking garage and Building 2 slightly to the east, and increased building
stepbacks along Prescott Street, primarily to reduce building presence and massing of the
residential building and parking garage, to accommodate a 35-foot landscaped buffer and to
preserve mature tree canopy between the proposed buildings and single family residential
properties located to the north of the Project site along Prescott Street.
4. The Project, as modified, now consists of 280 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 complex.
Building One contains a gross square footage of approximately 158,959 with 149 rental units
with a makeup of 20 studio, 74 one-bedroom, 40 two-bedroom, and 15 three-bedroom units along
with amenity space. Building Two contains a gross square footage of approximately 141,535
with 131 rental units with a makeup of 19 studio, 54 one-bedroom, 45 two-bedroom, and 13
three-bedroom units. Twenty-five (25%) percent of the units (70 affordable 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.
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5. 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").
H. Procedural History
1. The Applicant filed its application for a Comprehensive Permit pursuant to
M.G.L. c. 40B on October 23, 2025
2. A public hearing of the North Andover Zoning Board of Appeals (the
"Board") was duly advertised and published on October 30, 2025 and
November 6, 2026 in the Eagle Tribune newspaper.
3.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, 2026,April
8, 2026, April 29, 2026, May 21, 2026, June 9, 2026, June 30, 2026, and July 1'tl.'°l.,
2026. The Board voted to close the public hearing on [insert date].
4.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
a)Quitclaim Deed to RCG North Andover Mills LLC, dated
January 22,2007, recorded in Book 10601, Page 340;
b) Purchase and Sale Contract between RCG North
Andover Mills LLC and East Mill Housing LLC, dated
June 11, 2025;
xii. Determination of Project Eligibility
a)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;
a)Waivers List addendum;
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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;
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.
5-Applicant's revised materials, Board Peer Reviewer Comments, and Responses
include:
a Zero Prescott Presentation Materials-Meeting 41, dated November 20, 2025;
b. Initial Technical Peer Review - Comprehensive Permit Application,
prepared by the Horsley Witten Group ("HW"), dated December 16, 2025;
c. 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;
d. Zero Prescott Presentation Materials-Meeting 42, dated January 20, 2026;
e. Peer Review Response to I't Peer Review Comments by HW, prepared by
Civil Design Group, LLC("CDG"), dated February 11, 2026;
f Zero Prescott Presentation Materials - Meeting 43, dated February 25,
2026;
g. Second Technical Peer Review of the Comprehensive Permit Application,
prepared by HW of the Comprehensive Permit Application, revised
February 2026, dated March 3, 2026;
h. 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;
i. Traffic Peer Review 42, prepared by VHB in response to VAI's March 6,
2026 letter, dated March 13,2026;
J. 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;
k. Zero Prescott Presentation Materials-Meeting 44, dated March 24, 2026;
1. Peer Review Response to 2nd Peer Review Comments by HW, prepared by
Civil Design Group, LLC("CDG"), dated April 1, 2026
in. Zero Prescott Presentation Materials-Meeting 45, dated April 8,2026;
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n. 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;
o. Peer Review Responses to Traffic Peer Review 42 Comments by VHB
prepared by VAI in response to the March 13, 2026 memorandum prepared
by VHB, dated April 13, 2026;
p. Memorandum,Zero Prescott Street Sewer Capacity Analysis,dated April
21,2026 (Rev. April 22, 2026),prepared by Kenneth W. Carlson,PE,
Woodard &Curran;
q. Memorandum, dated April 23, 2026,prepared by Tara McManus, PE, and
Nicole Lewis, PE,Weston& Sampson Engineers, Inc;
r. Parking Demand Study prepared by VAI dated April 24, 2026;
s. Zero Prescott Presentation Materials—Meeting 46, dated April 29, 2026;
t. Traffic Peer Review 43,prepared by VHB in response to VAI's April 13,
2026 letter and April 24, 2026 Parking Demand Study, dated May 19, 2026;
u. Zero Prescott Presentation Materials—Meeting 47, dated May 21, 2026;
v. Updated Waiver List(Revised June 4, 2026);
w. Zero Prescott Presentation Materials—Meeting 48, dated June 9, 2026;
x. Zero Prescott Presentation Materials—Meeting 49, dated June 30, 2026;
and,
y. Plan entitled "Existing Site Monument Sign to Remain,"dated June 30,
2026,prepared by The Architectural Team, Inc.
6. 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; and
e. Fire Department Comments, dated Apri16, 2026.
7.The Board received several letters and comments from abutters and residents which are
available online on the Board's website. Generally, comments included concern
regarding density of the Project, increased traffic, noise, lack of parking, invasion of
privacy, lack of sufficient infrastructure, environmental concerns, and inconsistency with
the character of the neighborhood.
111. 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. The Board also finds that the Applicant has filed a
complete comprehensive permit application.
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:
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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.
4. The Town of North Andover has not met the statutory minima set forth in
G.L. c. 40B §20 or 760 CMR 56.03(3)through 56.03(7)in that:
a. at the time the Applicant filed its Application for Comprehensive Permit,
the Board finds that the Town, according to the latest Subsidized
Housing Inventory, dated as of September 30, 2025,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, §20 and
or 760 CMR 56.03(3)(a)in that Subsidized Housing Inventory("SHP')-
qualified affordable housing is 8.07%and therefore does not constitute
more than 10%:,
b. the Town does not have information that there are existing affordable
housing units in the Town of North Andover on sites comprising more
than 1.5%of the total land area of unzoned or zoned land, for residential,
commercial, or industrial use (but excluding land owned by the United
States,the Commonwealth or any political subdivision thereof,the
Department of Conservation and Recreation or any state public authority,
prohibited by restrictive order of the Department of Environmental
Protection pursuant to M.G.L. c. 131, § 40A,water bodies, and flood
plain, conservation or open space zone if said zone completely prohibits
residential, commercial and industrial use, or any similar zone where
residential, commercial or industrial use are completely prohibited. As a
result,the Project does not meet the General Land Area Minimum
pursuant to 760 CMR 56.03(3)(b);
c. the granting of this Comprehensive Permit for the construction of 280 units
will not result in the commencement in any one calendar year of the
construction of Low or Moderate Income Housing on sites comprising
more than 0.3 of 1%of the Town of North Andover's land area or ten acres,
whichever is larger. Asa result,the Project does not meet the Annual
Land Area Minimum pursuant to 760 CMR 56.03(3)(c);
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d. the Town of North Andover has an approved Housing Production Plan
entitled"Town of North Andover Housing Production Plan, June 2024,"
(North Andover HPP)which was approved on December 30, 2024,but the
HPP was not certified within the meaning of 760 CMR 56.03(4)at the time
the Applicant filed the Comprehensive Permit Application;
e. to the extent applicable,the Town has not achieved recent progress toward
its Statutory Minima in that the number of SHI Eligible Housing units that
have been created within the Town of North Andover during the 12 months
prior to the date of the Comprehensive Permit Application,or under permit
as of the date of the Applicant's initial submission to the Board, is not equal
to or greater than 2%of the municipality's total housing units pursuant to
760 CMR 56.03(5);
f. the Project does not constitute a Large Project pursuant to 760 CMR
56.03(6); and
g. the Applicant's Comprehensive Permit Application does not constitute a
Related Application pursuant to 760 CMR 56.03(7).
B.Project Factual Findings
5. The Property is an approximately 6.13 +/- acre parcel improved by a two-
story parking garage and surface parking along with other improvements
located at 0 Prescott Street.
6. The Property is within the underlying 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 280 rental units within two
residential buildings, adjoined by a central parking garage, with each building
containing four to five stories, together with parking, landscaping,
infrastructure, and related residential accessory uses and other improvements.
7. During the course of the public hearings,the Board sought and received
comments from Town boards, departments, commissions and other Town
staff, as well as the public. The Board also engaged in thorough peer review of
the civil design, stormwater, architectural design, landscaping and lighting,
traffic, and water and sewer,and in the course of such third-party review,
retained five (5) separate third-party review firms, including: Horsely Witten
Group for stormwater and civil review; Gamble Associates for architectural
site and landscaping design review;Vanasse,Hangan Brustlin, Inc. for
transportation and parking review;Weston & Sampson Engineers, Inc. for
water capacity,hydrant flow tests and hydraulic modeling related to Project
water demands; and,Woodard and Curran to evaluate sewer capacity of the
Town sewer system as a result of the Project's anticipated sewer flow
generation. The Applicant has addressed all comments and issues adequately,
and there are no outstanding issues,provided that the Project complies with
the conditions set forth below in this Decision.
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8. During the public hearing,the Applicant was represented by David Stembergh
on behalf of the Applicant and assisted primarily by its civil engineer, Philip
Henry,P.E. with Civil Design Group, LLC,its traffic engineers, Daniel C.
LaCivita and Jeffrey S. Dirk, P.E., PTOE with Vanasse &Associates, Inc.,
legal counsel, John Smolak, Esq., Smolak&Vaughan LLP; its architects,
Edward Bradford AIA NCARB LEED AP CPHC, Principal, and Jiyoun
Zieringer AIA NCARB LEED Green,Associate,with The Architectural
Team, Inc.; and, landscape architect,Natalie Adams, RLA,with Verdant
Landscape Architecture.
9. The Board retained the services of Horsely Witten Group to evaluate Project
stormwater management and civil/site design. Horsely Witten Group
concluded that it"is satisfied that the Applicant has adequately addressed our
comments."'
10. The Board retained the services of Gamble Associates to peer review
architecture, site design and landscaping. By letter, dated March 13, 2026, as
amended by a March 13, 2026 Addendum,the peer review comments
suggested: (a) "...the residential complex works with the topography to break
down the scale; (b)the plan locates the large parking structure in the center of
the composition and brackets it with residential units that adequately shield it
from view; (c)the plan is exquisitely efficient,creating a nearly symmetrical
layout on the footprint of the existing underutilized parking deck. ... The
wings maintain a respectful height to the smaller scale residential
neighborhood on its perimeter"; (d) "within the context of an `Downtown
Overlay District-Historic Mill Area', ...the 296-unit complex is being built
in a district that has numerous large historic buildings comprised of just a few
high-quality materials, like brick masonry; (e)the proposed building has a
primary south facade with building entrances oriented towards these historic
structures. The current design breaks up the massing and materiality into
seven or eight segments along the primary elevation...." Recommendations
from the peer review letter, including the additional of brick to the east mill
facing (or south side)facade,the simplification of the window design,the
introduction of wood materials on the north side facing Prescott Street,the
incorporation of greater building stepbacks particularly adjacent to the closest
residential abutter along Prescott Street, and the preservation of mature tree
canopy,have all been incorporated into the building architectural plans and
site design.
11. With respect to the building design and site layout,the Board finds the
Applicant has been responsive to architectural peer review, Board and public
comments: (a)by simplifying the brick design and window treatments to the
south; (b)by increasing the side yard setback to the closest abutter to 35 feet
which provides a larger landscaped and screened separation with fencing
while also preserving mature trees to the extent practicable; (c)by reducing
massing and other potential impacts by redesigning Building 1, sliding the
parking garage and Building 2 further east on the Property to provide
'See Horsley Witten Group("HW")Peer Review Comments:#1,dated December 16,2025;#2,dated March 3,2026;and,#3,
dated April 2,2026.See also,Civil Design Group,Inc.("CDG")responses,dated February 11,2026,March 3,2026,and,April
2,2026.
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additional separation, and reducing the building height and increasing
stepbacks in select areas,which collectively reduces massing and enhances
the visual appearance of the buildings, and all of which is generally consistent
with the purpose and intent of the Downtown Overlay District; Subdistrict A
Historic Mill Area of the Zoning Bylaws.
12. The Board retained the services of Vanasse Hangen Brustlin,Inc. (VHB)to
peer review the traffic generation, sight distances,traffic safety and
mitigation, as well as adequacy of parking for the Project.
13. As to traffic,VHB peer reviewed the "Transportation Impact Assessment,
Zero Prescott, East Mill Residential Development, 0 Prescott Street,North
Andover, Massachusetts," October 2025, as supplemented and prepared by
Vanasse &Associates,Inc. ("VAI"),the Applicant's traffic engineering firm
(the "Traffic Report"). VAI stated,and VHB confirmed,the Traffic Study
was generally prepared in accordance with MassDOT's Transportation Impact
Assessment(TIA)Guidelines and the standards of the Traffic Engineering and
Transportation Planning professions for the preparation of such reports. The
Traffic Report was prepared to assess the potential impacts on the
transportation infrastructure associated with the proposed Project. The Traffic
Report,which was prepared based upon the original proposed number of units
(296 units vs.the approved 280 units), concluded that the Project can be
accommodated within the confines of the existing transportation infrastructure
in a safe and efficient manner with the implementation of improvements that
have been recommended as a part of this evaluation, and as conditioned in this
Decision.
14. Based upon review of the Traffic Report and other supplemental data prepared
by VAI as requested by VHB,the Board and others,together with review of
existing data prepared by VHB related to the nearby Avalon West Mill
Project,VHB has determined that transportation matters related to potential
impacts on the transportation infrastructure associated with the proposed
Project have been adequately address by VAI, and/or are otherwise
conditioned as described in this Decision.'
15. As to parking,VAI prepared a Parking Demand Study Memorandum, dated
April 24, 2026, at VHB's and the Board's request in order to demonstrate that
sufficient parking will be provided within the parking areas that serve the
former Davis and Furber Machine Shop complex to accommodate a 296-unit
multifamily Project(the "Parking Demand Study"). The Parking Demand
Study concluded that: (a) existing peak parking demand for the parking areas
that are anticipated to serve the Project site and also available for use by
residents of the Project was observed to occur at 12:00 PM on a Wednesday,
with 50.1 %of the available parking spaces observed to be occupied (328
parking spaces), and at 7:00 PM on a Friday,with 28.0 %of the available
parking spaces observed to be occupied(212 spaces); (b) during the peak
parking demand periods for the Project on both an average weekday(at or
See VHB Traffic Memoranda#1,dated December 26,2025;#2,dated March 13,2026,and#3,dated May 19,2026,prepared
by Michael A. Santos,PE,PTOE,et als;and VAI responses,dated March 5,2026,April 13,2026,April 24,2026(Parking
Demand Study Memorandum).
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before 7:00 AM)and on a Friday evening (at or after 9:00 PM),there are over
700 parking spaces that will be available for use by residents or visitors of the
Project during which the predicted peak parking demand for the Project will
not exceed 354 parking spaces; (c) during the remainder of the day,there are
over 500 parking spaces that will be available for use by residents of visitors
of the Project,which also exceeds the predicted peak parking demand of the
Project during any one-hour period of the day; (d)given that the majority of
the uses within the Mill complex consist of either office or research and
development uses which have peak parking demands on a weekday and
generally between 11:00 AM and 2:00 PM, sufficient parking will be
available overnight(after 7 PM)and on weekend days within the Mill
complex to accommodate the construction of the Project; and, (e) as such,
more than sufficient parking will be available to accommodate the Project and
the mix of uses located within the Mill complex.
16. As to parking,VHB reviewed the Parking Demand Study,the scope therefor,
and other materials related thereto, and determined: (a)the existing parking
demand observations show that the maximum occupancy of the unrestricted
spaces is approximately 50 percent of the total supply, and that the existing
parking demand study was conducted during the appropriate time periods for
analysis; (b)the overall parking supply with the construction of the Project
will exceed the overall parking demand (existing demand plus the Project)by
at least 273 spaces, and that VHB's review of the information confirms that
the existing parking demand analysis for the Mill Complex was calculated
appropriately, and VHB concurs with the methodology used to develop the
future parking demand for the Project; and, (c)VHB concurs with the
conclusions of the parking demand study that state the number of parking
spaces available to residents of the Project and users of the Mill complex will
exceed the number of parking spaces for the existing and proposed uses,
subject to any conditions described in this Decision.
17. The Board further notes that the findings and conclusions of the Parking
Demand Study and VHB's confirmation of the general findings of the Parking
Demand Study was premised on a conservative assumption of a 296-unit
project;the revised Project consists of 280 units. Due to the demonstrated
excess of parking spaces provided, and ability to share parking across adjacent
parcels, all as described in the Parking Demand Study,the Applicant had
modified the height of the garage where it is in closest proximity to residential
abutters, resulting in a revised parking count of 362 garage parking spaces
together with 100 surface parking spaces, for a total of 462 onsite parking
spaces. Per the zoning bylaw, 467 parking spaces would otherwise be required
for 280 multifamily units. The Board finds that the reduction by five (5)
spaces on the Property will not result in a lack of parking space availability for
the Project,given that the Parking Demand Study prepared by Applicant(and
peer reviewed by VHB) demonstrates excess parking within the Mill Complex
to support ample shared parking for both the existing Mill Complex users and
the Project,particularly as a result of varying peak demand hours between the
Project residential uses and non-residential uses at the Mill Complex. The
Board finds that through a combination of on-Property parking, and shared
parking in the Mill Complex,that sufficient parking exists to satisfy the needs
of the Project and Mill Complex.4
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18. Based upon the Traffic Report and Parking Demand Study prepared by VAI
and peer reviewed by VHB, as well as input from the Applicant relative to the
historic and successful utilization and integration of shared parking in the
mixed-use district,the Board finds that in addition to providing sufficient
parking for the Project itself,the Project incorporates sufficient parking to
accommodate the existing commercial parking needs of the adjacent parcels,
which are primarily in use when the residential parking needs are not. The
benefits of these shared parking arrangements have been acknowledged in
prior Special Permits granted in the Mill District as well as confirmed by the
presentations and peer review related to parking and traffic, as described in
the Shared Parking Plan pursuant to Condition V.89 in this Decision.
19. 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.
20. Woodard&Curran was retained by the Town to evaluate downstream sewer
capacities under both existing peak dry and wet weather flows and the
addition of future flows from the Project.Woodard& Curran concluded that
the East Side Interceptor Sewer has sufficient capacity to carry the additional
flow from the Project from its connection point to the interceptor to Sutton
Street without surcharging the interceptor such that no increase in sewer
system capacity is required.'
21. Weston & Sampson Engineers, Inc. (WSE) was retained by the Town to
evaluate the proposed water system for the Project to determine if the Project
will receive adequate water pressure and flow from the Town's water
distribution system and to identify any impact the Project may have on
existing Town water-users in the area, using MassDEP Guidelines for Public
Water Systems and related regulations. WSE concluded that "hydrant flow
tests and hydraulic model suggest the existing water system conditions for the
development area are adequate.
22. As described in the North Andover Housing Production Plan,'North
Andover's age projections show an aging population where the 65+age group
proportion is projected to increase by 9%,making up almost a quarter of
North Andover's population by 2050, suggesting a need for additional
In addition to the above,the Applicant has also noted that it could also invoke the parking provisions of Section§ 195-
18.18.B.(1)(Site and design standards)of the Downtown Overlay District Subdistrict Zoning District,which allows an
applicant under the Subdistrict A Overlay District to count"street parking within 100 yards of a parcel[which] shall be deemed
included in the parking count for the property"which means a project within the Subdistrict A Overlay Zoning District is entitled
to count,for zoning purposes,all street parking"within 100 yards of a parcel"toward the required parking for a project to meet
zoning compliance and which the Applicant could have requested but did not do so because the Parking Demand Study
demonstrates more than adequate parking to satisfy the parking needs of the Mill Complex including the Project without the need
to invoke the parking provisions of Section§ 195-18.18.B.(1).
5 See Memorandum,Zero Prescott Street Sewer Capacity Analysis,dated April 21,2026(Rev.April 22,2026),prepared by
Kenneth W.Carlson,PE,Woodard&Curran.
6 See Memorandum,dated April 23,2026,prepared by Tara McManus,PE,and Nicole Lewis,PE,Weston&Sampson
Engineers,Inc.
'Town of North Andover Housing Production Plan(June 2024),approved by the Executive Office of Housing and Livable
Communities(EOHLC)on December 30,2024("North Andover HPP").
12
housing types suitable for downsizing and individuals on a fixed income.
North Andover HPP,at Chapter 2.11. In some cases, lack of suitable housing
may be a factor in the decrease that is projected for the under 20 age group
which is projected to decrease by 7%from 2020-2050, and which correlates
with local school enrollment data, indicating an already-occurring steady
decrease in enrollment across all school types in town despite the addition of
market rate multi-family units in town,which may be due to a lack of housing
available to young families, especially if older adults do not have options for
downsizing and decide to stay in their larger home. Id. The Board finds that
the Project aligns with Housing Goal 1 of the North Andover Master Plan'
which is to "provide for a diversity of housing choices at a variety of price
points across North Andover." See North Andover Master Plan, at p. 61.
23. The Board finds the Project aligns with the North Andover Master Plan
Housing Goal 3,which is to "focus new housing development in locations that
are adequately served by public infrastructure." North Andover Master Plan,
at p. 65. As described in the North Andover HPP, as "new developments are
proposed,permitted, and built, it is a top priority to consider water and sewer
capacity from both the Town and developer perspective." North Andover
HPP at Chapter 4.23. The Project includes existing water and sewer
connections to the Property in an existing underutilized area of East Mill,
where adequate sewer and water services, including adequate water flow and
pressure for fire protection services exists. Moreover,the North Andover
HPP stresses the importance of water supply watershed and wetland resource
protection, and to this end,the Project work will not be located within wetland
resource areas and will incorporate stormwater best management practices to
ensure impacts are minimized.
24. Accordingly,the Board also finds that the Project: (a)will result in the
redevelopment of an existing underutilized Property with an underutilized
parking garage; (b) is on a parcel currently connected to public sewer via the
North Andover sewer system leading to the Greater Lawrence Sanitary
District wastewater treatment facility with demonstrated capacity to handle
Project sewer flows; (c)is currently connected to the North Andover public
water service which has demonstrated capacity to handle the water needs of
the Project; and, (d) and is walkable to recreational and other amenities, as
well as employment opportunities, in a manner which aligns well with the
Town's regulatory and other constraints for a Project which is an example of a
smart growth location. These Project features are also consistent with the
Town of North Andover Master Plan Land Use Goal 41 which is to "focus
new development in locations currently served by adequate public
infrastructure that encourages the reuse or redevelopment of existing buildings
or land." See North Andover Master Plan, at p. 34.
25. Based upon the North Andover HPP and the Master Plan,the Board finds that
the Town has a need for affordable and other housing options and that this
Project at this location will provide for such housing.
See Town of North Andover Master Plan(September 2008),prepared by RKG Associates,Inc.et als.("North Andover Master
Plan")at p.61.
13
26. The Board finds that redevelopment of this previously developed Property is
consistent with smart growth principles and further finds that the location of
the previously developed site,near the Town's center and transportation
routes,with available water and sewer and other utilities, is also consistent
with such principles and goals of the North Andover Master Plan.
27. The Board has taken into consideration the strong opposition voiced by
several members of the public, including but not limited to,those residing in
close proximity to the Project.Areas of concern included project size and
density out of proportion with the neighborhood, adjacency of the new
buildings to abutting properties, congested traffic and safety conditions,
sufficiency of parking for all users of the mill complex, and loss of mature
trees.
28. The Board finds that the Applicant had adequately addressed these concerns
as described above, subject to the conditions described in this Decision.
29. The Board finds that the Project, as conditioned herein, is/not consistent with
local needs. The Board finds that,when built in accordance with the Final
Plans and the conditions imposed herein,the Project will be "consistent with
local needs" and addresses matters of"Local Concern"as such terms are
contemplated by G.L. c. 40B, §§ 20-23 and Chapter 40B regulations at 760
CMR 56.00.
IV.
14
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 B.
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 party 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 July 1, 2026, the Board has
granted/denied waivers from the North Andover Zoning Bylaw and other local
bylaws and regulations as set forth in Exhibit B and to the extent not listed in
Exhibit B, 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 reasonable 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
15
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 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 may 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. Notwithstanding the foregoing, minor changes to the Site
Development Plans and Final Plans (e.g., changes that do not materially affect
the location of, or increase the height or massing of the structures, or increase
the number of units contained in the residential buildings) shall be submitted
to the Building Commissioner who shall have the authority to approve such
changes as immaterial changes. If the Building Commissioner determines that
the proposed changes do not conform to the requirements of this
Comprehensive Permit, he shall so notify the Applicant and the Applicant
shall either bring the plans into conformance with this Decision or seek
modification in accordance with 760 CMR 56.05(11) as described above.
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 (3)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. Pursuant to
760 CMR 56.05(12)(c), the extension of the Decision shall not, by itself,
constitute a substantial change pursuant to 760 CMR 56.07(4).
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.
16
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, and other
requirements described herein.
13. The Project shall be limited to 280 rental units distributed across two (2)
separate multi-family buildings, adjoined by a central parking garage and
surface parking. Building One contains a gross square footage of
approximately 158,959 with 149 rental units with a makeup of 20 studios, 74
one-bedroom, 40 two-bedroom, and 15 three-bedroom units. Building Two
contains a gross square footage of approximately 149,535 with 131 rental
units with a makeup of 19 studios, 54 one-bedroom,45 two-bedroom, and 13
three-bedroom units. Of these dwelling units, 25%of the units (not less than
70 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,but the final location of such affordable units is subject to
approval by the Subsidizing Agency. 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. At the Planning Director's request, the Applicant shall cooperate with the
Planning Director to prepare request forms to add the Project to the Town's
SHI after the build
ing permits issue and, to prepare request forms to add the
units to the Town's SHI permanently after occupancy permits have issued.
15. The Applicant shall provide to the Board and the Building Commissioner 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 building permit for the
Project. The execution and recording of such Regulatory Agreement shall be
complete prior to the issuance of any building permit; provided, however,
since the construction lender and Subsidizing Agency will often not close
17
and/or execute such documents until the issuance of building permits, the
Building Commissioner is authorized to issue the building permits in escrow
to the closing attorney who shall release them only upon the Applicant
satisfying the requirements of this condition and paying any applicable
building permit fees; and in addition, the Building Commissioner is hereby
authorized to execute and deliver to the Applicant a "Will Issue" letter
confirming that building permits will issue upon satisfaction of the
requirements of this condition.
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 as "local preference"units 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, subject to approval
by the Subsidizing Agency. 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 Applicant shall reasonably assist the Town in
the submittal of any evidence required by EOHLC or other Subsidizing
Agency to support this local preference requirement. The Board
acknowledges that it will be required to provide evidence satisfactory to
EOHLC or other Subsidizing Agency of the need for the foregoing local
preference and to obtain approval of the categories of persons qualifying for
the same, and in no event shall the Applicant be in violation of the terms of
this Comprehensive Permit to the extent the Subsidizing Agency disapproves
the local preference requirement 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. Moreover,the Board has
requested and the Applicant has agreed,to the extent described herein,to offer
10%of the affordable units within this Project to veterans based on Chapter
150 of the Acts of 2024, "An Act relative to the Affordable Homes Act."
Provided that Applicant would not be required to provide veteran support
services (onsite or offsite)by the Executive Office of Housing and Livable
Communities ("EOHLC") and/or the Subsidizing Agency(as a requirement of
Final Approval) and/or any other state or federal agency having jurisdiction
over veteran housing to provide veteran support services, 10%of the dwelling
units restricted as affordable to households earning at or below 80%AMI,
adjusted for household size (the "Affordable Units"), during the local
preference lottery for initial home sales,may be subject to a veteran's
preference, if approved by the Subsidizing Agency as part of final approval
and if recognized by EOHLC as eligible as an affordable unit available for
inclusion on the SHL In the event EOHLC(in order for such units to qualify
for the SHI) and/or the Subsidizing Agency(within Final Approval or
approving the Regulatory Agreement)otherwise seek to impose a requirement
on Applicant to provide onsite or offsite veteran support services to allow for
a veteran preference,Applicant shall inquire of EOHLC and/or the
Subsidizing Agency as to whether the Town's support services offered to
18
veterans may be an acceptable substitution, and if not,this condition shall be
void and without effect.Nothing herein shall be construed as altering the
requirement that 25%of the units in this Projects shall be restricted as
affordable to households earning at or below 80%AMI.
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.
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 solely 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 subsequent As-Built Plans shall conform to the
requirements of this Decision unless waived by the Board in accordance with
760 CMR 56.05(11), and shall be submitted in a physical and digital format
and quantity that is acceptable to the Building Commissioner including but
not limited to a format compatible with the Town's Geographic Information
System ("GIS").
20. 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 driveways,
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. The as-built plans must be provided in paper form as
well as in a digital format, as determined as acceptable by the Building
Commissioner,to the Planning Department.
21. 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 in paper form as well as in SDF (Standard Digital File)
format and service connection tie cards to the DPW Engineering Division (1
copy) and DPW Water& Sewer Division (1 copy).
CONSTRUCTION
19
22. 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.
23. 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.
24. 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.
25. 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, Police Department, Health
Department, and the Planning Department at least 14 days prior to the planned
commencement of construction of the Project. The Applicant shall convene
such conference by 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,
and other municipal officials 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.
26. 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.
27. Prior to the issuance of building permits, the Applicant may conduct soil
testing on the Site to screen for potential health or environmental
contaminants. The soil testing shall be completed in accordance with
industry standards. Any soil found to constitute a "release" under state oil or
hazardous materials regulations at 310 CMR 40.0000 shall be managed in
accordance with such regulations. Should any release require notification to
the Commonwealth of Massachusetts Department of Environmental
Protection and remediation, Applicant shall comply with all applicable federal
and state laws pertaining to same.
28. No Site Activities shall occur on the Property until the Applicant has:
20
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 the
Building Department 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.
c) Submitted to the Board and the Building Commissioner for their review
and approval, which approval shall not be unreasonably delayed or denied, 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, including but not limited to, the proper removal and disposal of
asbestos-containing material, a dust mitigation plan, a plan to provide adequate
parking for construction vehicles and users of the Mill Complex, and fire access
as approved by the Fire Chief or designee, as well as any other materials related
to the demolition of the existing parking garage. 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"), prepared in accordance with the U.S.
Environmental Protection Agency's Stormwater Construction General Permit
and related document entitled "Developing Your Stormwater Pollution
Prevention Plan: A Guide for Construction Operators," a minimum of 14 days
prior to land disturbance 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;
e) Provided to DPW, the Board, and the Board of Health an Illicit
Discharge Compliance Statement that generally conforms to industry standard
practice; and
f) Provided procedures to the DPW with a copy to the Building
Commissioner that outline the specific operation and maintenance measures for
all stormwater/drainage facilities.
g) Provided de-watering means and methods, as required by the plans.
21
h) Designated a Wetland Scientist/Professional Engineer (or other qualified
environmental professional) as an "Erosion Control/Project Monitor" to monitor
the project, ensure erosion controls are properly functioning, oversee any
emergency placement of controls and regular inspection or replacement of
sedimentation control devices. Proof of the retained Monitor must be submitted
to DPW on letterhead by the Monitor. Contact information for the Monitor shall
be forwarded to the Town prior to work commencing. The Monitor shall be
given the authority to stop construction for the purposes of correcting problems
with erosion control. The Monitor will immediately notify the Town of any
matter that requires attention by the Town. The Monitor must be available, or
designate a substitute Monitor to be available, during any 24-hour period,
including weekends in case of an emergency. The Monitor will be required to
inspect all such devices and oversee cleaning and the proper disposal of waste
products and de-watering activities. The Monitor must visually inspect all
sedimentation and erosion control measures on at least a weekly basis. Cleaning
shall include removal of any entrapped silt; and
i) Properly installed all erosion control measures as shown on the approved
plan, cordoned off the footprints of the proposed subsurface infiltration units to
avoid soil compaction from construction activity, and prepared an additional 100
feet of silt sock or compost filler, silt fence, and stakes, and note less than ten
rolls of 100% biodegradable erosion control blanketing or jute mesh covering
that are available for emergency erosion problems.
29. After erosion control measures have been placed but before construction
begins, Applicant shall notify the Town's Conservation Agent and allow the
Conservation Agent to inspect the placement and sufficiency of erosion
control measures to ensure the protection of the wetlands;
30. Prior to Site Activities, the Applicant shall provide separately or as a part of
the CMP,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.
31. Prior to Site activities, the Applicant shall conduct a base-line visual survey
including photographs, documenting conditions of the final discharge point
22
where the project site's stormwater will be ultimately directed and submit the
survey to DPW so as to establish existing conditions.
32. Prior to conducting any pile driving on Site, Applicant shall provide not less
than 48 hours of advance notice to the Town via the Building Commissioner,
and direct abutters.
33. If blasting is required,the Applicant shall comply with the blasting
requirements under State regulations at 527 CMR 1.00, and the local blasting
requirements of the North Andover Fire Department, as well as the following
if consistent with 527 CMR 1.00.
34. Prior to conducting any blasting on Site, Applicant shall conduct a survey of
properties directly abutting the Site for foundational and structural damages.
After conducting any blasting on Site, Applicant shall conduct a survey of
properties directly abutting the Site for foundational and structural damages.
These surveys shall be carried out by a licensed third party. Applicant shall
provide a report of the discrepancies between the first and second study
conducted on each property to the Building Commissioner and the property
owner. Prior to conducting any blasting on Site, Applicant shall provide not
less than 48 hours' notice of advance to the Town, via the Building
Commissioner, and direct abutters.
35. 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 5:00 p.m. and on
Saturdays between 8:00 a.m. and 5:00 p.m. There shall be no work on site on
Sundays. 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 5:00 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.
36. 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. The erosion controls shall serve as the limit of work,
and site personnel shall be informed that no use of machinery, storage of
machinery or materials, stockpiling of soil, or construction activity is to occur
beyond this line at any time. 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.
37. 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
23
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.
38. 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 unless otherwise approved by
the Building Commissioner.
39. 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.
40. To the extent that landscaping and other improvements (collectively,
"Punchlist Work") for the Project are not completed prior to the issuance of
the final certificate of occupancy, Applicant shall submit a Punchlist of
outstanding work to be completed with corresponding cost estimates to the
Board for review and approval by the Board or its designee(s), provided that
such Punchlist Work does not pose a public health or safety threat as
determined by the Building Commissioner. Upon the approval of the Board,
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 Punchlist 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 Punchlist 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.
41. 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 and CMP.
42. If construction is temporarily suspended during the growing season, all
exposed areas shall be stabilized by seeding and/or mulching within 30 days
of suspension of construction. If construction is temporarily suspended outside
the growing season, all exposed areas shall be stabilized by mulching and tack
within 30 days of suspension of construction. Unstable slopes steeper than
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3:1 shall be stabilized by netting and pinning during suspension of
construction.
GENERAL CONDITIONS
43. This Decision shall be included in the construction contract with the Project
general contractor. The Applicant shall ensure that all contractors,
subcontractors, and other personnel performing the permitting work are fully
aware of the decision terms and conditions and that construction is carried out
consistent with this Decision..:
44. The existing garage is to be demolished. No tree stumps or other demolition
and construction debris shall be buried on the Property but shall be properly
disposed of in accordance with applicable law, including but not limited to
any asbestos-containing material. All tree stumps shall either be ground or
removed from the Property.No burning is allowed on the Property.
45. No security cameras on the Property shall be positioned so as to extend
coverage beyond the Property line of immediate residential abutters to the
Property.
46. The Project shall be served by municipal water, at the Applicant's sole
expense, in accordance with the currently applicable DPW requirements.
47. Property Management documents that govern the Project shall specify:
a. Trash and recycling will be deposited by residents in containers within a
designated room within the parking garage. Any dumpsters shall be located
within the garage. The containers will be moved to a collection area outside
of the garage by on-site maintenance staff on the scheduled day for pick-up
by the contracted waste management company. The containers will be
returned to the trash room.
b. Pet waste bags and disposal baskets are to be provided at pet waste stations.
The pet waste will be moved to collection areas outside of the garage by on-
site maintenance staff on the scheduled day for pick-up by a contracted
waste management company.
c. Parking for over-sized vehicles, recreational vehicles, trailers, boats and
other similar non-standard vehicles shall be prohibited unless such vehicles
are used for snow removal allowing for temporary parking or are temporary
construction vehicles prior to Project construction completion.
d. Tenant moves will be coordinated with the on-site property manager, who
will provide directions to the areas within the Project site to stage moving
vehicles. Smaller moving vehicles will be directed to use tenant parking.
Larger moving vehicles will be staged in the turnaround area that is
accessed from the emergency drive to the east of the building. No tenant
moving vehicles shall park on High Street or Prescott Street
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e. Mail and package deliveries will be made to a delivery station that will be
located in the lobby of the residential building.
f Transportation network companies (TNCs) will use available parking or the
short-term parking spaces located adjacent to the entrance to the lobby.
48. No snow shall be dumped off the side of the garage roof deck, nor shall any
snow be removed onto abutting private properties. No snow shall be
stockpiled on the garage roof deck. Snow shall be removed from the garage
roof deck by hand and/or smaller snow removal equipment and allowed to
melt in snow storage areas as designated on the Final Plan.
49. 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 with the Town's Zoning Bylaw, §195-18.18.H, except where
specifically waived herein.
50. Except where specifically waived by this Comprehensive Permit as listed in
the attached Exhibit B, 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.
51. The Applicant's site contractor shall consult with the Planning Department on
developing a construction transportation plan. Truck routes shall not go
through Main Street or Water Street. Appropriate signage on the Site shall
designate the travel path and hours. Any proposed road closures must be
reviewed and approved by the Police and Fire Departments in advance. In
lieu of the above,the Applicant may include these matters within the CMP.
52. Applicant shall ensure that the Town Police Department, Fire Department, and
emergency responders have 24-hour access to the garage via key FOB or other
acceptable means of access.
53. High and Prescott Streets in the immediate vicinity of the Project are to be
kept clean and free of any construction debris. At a minimum, at the end of
each construction day, Applicant shall inspect, and if necessary, sweep the
portions of High and Prescott Street immediately adjacent to the Project Site.
Pavement on the Property shall be swept at least weekly or as directed by the
Monitor, as long as the site remains un-stabilized.
INFRASTRUCTURE
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54. All utilities and water construction and materials shall be constructed
consistent with the Final Plans and as otherwise adjusted in accordance with
Town or utility provider requirements except as otherwise shown on the Final
Plans.
55. All utilities (with the exception of meters,boxes and other appurtenances)
within the Project shall be installed underground unless otherwise required by
public utility providers.
56. Unless otherwise provided for herein,the following portions of the Project
located on the Property 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.
57. The Applicant shall also be responsible for conducting inspection,
maintenance and cleaning of all elements of the stormwater management
system located on the Property in a manner consistent with the Project
Stormwater O &M Plan.
58. All retaining walls associated with the Project which are four(4)feet or
greater in height shall be designed by a Massachusetts Professional Structural
Engineer. Prior to the issuance of an occupancy permit,Applicant shall
provide the Board with a report prepared by a structural engineer certifying
that the above-referenced retaining walls have been constructed according to
said design.
DPW Conditions
59. The Applicant shall employ water-saving devices and fixtures throughout the
development in accordance with the Massachusetts Plumbing Code and other
applicable regulations.
60. As described in the Assistant DPW Director/Town Engineer's April 1, 2026
memorandum to the Board, the Project's drainage system shall connect to the
existing 36" drain line traversing through the Avalon Bay West Mill property
via an 18" drain line across the Prescott/High Street intersection and
Applicant shall install a new catch basin at said intersection to capture surface
runoff along the gutter line to redirect runoff away from High Street and into
the Avalon Bay West Mill 36"pipe.
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61. The Town proposes to resurface Prescott Street and extend the sidewalk to
connect to Route 125 in Fiscal Year 2028 (the "Prescott Street Project").
Applicant shall use reasonable efforts to coordinate the construction of curb
cuts and driveways and installation of pipes to serve the Project with the
Department of Public Works to precede the Prescott Street Project. If the
Project curb cuts occur after the Prescott Street Project, the Applicant shall
coordinate with the Town DPW to use reasonable efforts to minimize
disturbance to or interference with the Prescott Street Project and restore any
disturbed areas to its pre-disturbance condition or better, and in accordance
with applicable DPW requirements.
62. Any disturbance of roadways, sidewalks, pavement, manhole covers, or catch
basins necessitated by the above-described installations in High and Prescott
Streets shall be repaired by the Applicant and restored to its pre-disturbance
condition or better.
Fire Department Conditions:
63. 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 G.L. c. 148, § 26I, which requires a sprinkler
system designated per the National Fire Prevention Association 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.
64. Applicant has submitted a Swept Path Analysis dated October 21, 2025,
which was reviewed and approved by the Fire Chief or designee on April 6,
2026 indicating that the largest piece of apparatus of the North Andover Fire
Department has adequate access to the Project. The fire access shall be
constructed in substantial compliance with Sheet 4 (Site Plan) of the Site
Development Plans.
65. 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 25 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;
28
v. Overhead clearance of the fire access lane 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 unless
otherwise approved by the Fire Department.
66. Prior to the start of any construction or as otherwise required under the
Massachusetts State Building Code, Applicant shall submit a fire safety plan,
including providing adequate site access, which shall be approved by the Fire
Chief or designee.
67. 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 demonstrating compliance
with Condition Nos. 64-66 above.
68. Prior to the issuance of any building permit, the Fire Chief or his designee
shall approve the number and final location of all fire hydrants on the
Property.
69. Prior to the issuance of any occupancy permit, Applicant shall submit plans
stamped by a fire protection engineer certifying that the fire sprinkler system
has been installed as designed.
70. Every building shall have affixed thereto the address of said building, which
shall be visible from the nearest street or road providing access.
71. Knox boxes shall be required, and their location shall be determined by the
Fire Department.
72. No combustible mulch shall be used within eighteen inches of combustible
portions of the exterior of buildings.
73. The approval for the storage of any combustible and/or flammable fluids shall
be obtained through the Fire Department.
74. The final grade of the garage ramps shall be approved by the Fire Chief or
designee but shall not exceed a grade of 10%.
STORMWATER MANAGEMENT
75. The Applicant shall comply with the Massachusetts Department of
Environmental Protection("DEP") Stormwater Regulations and standards,
and the North Andover Stormwater Bylaw and regulations to the extent not
waived by this Decision, and evidenced by the following:
a. the specifications shown on the Final Plans;
29
b. the implementation of a Low Impact Development Technique to use of the
existing swale to capture and convey runoff matching the existing
impervious area;
c. the inclusion of a subsurface infiltration system with a storage capacity
depicted in the Stormwater Management Report described below, which
exceeds the storage capacity required to capture the increased impervious
surface area; and
d. Full Stormwater Management Report, prepared by Civil Design Group,
LLC, dated October 2025, revised February 2026.
76. Snow shall only be stored in the areas designated on plans and shall not be
placed within or above the stormwater management systems.
77. 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.
78. The Applicant shall comply with the SWPPP during construction until the
EPA NPDES Stormwater NOI is terminated after construction.
79. The use of silt sacks within the proposed catch basins shall be used during
construction.
80. Any imported fill shall have appropriate soil characteristics on which the
stormwater analysis and design are based.
81. 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 reasonable 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.
82. Applicant shall submit to the Planning Department the O&M plan which shall
include the name of the stormwater management system owners, schedule of
u a u b ����c u uo u us a n ud maintenance for off-site forebay and infiltration basin,
instructions for cleaning and maintaining the Hydrodynamic Separator, a plan
30
showing location of all stormwater best management practices, description
and delineation of public safety features, or an estimated operations and
maintenance budget, prior to issuance of a building permit. In lieu of the
above,the O &M Plan can be submitted with the CMP. 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.
83. Evidence of u u u o u u u d d p u u u u,u �W u W i maintenance of the stormwater management
system shall be provided to DPW in an annual report by a Registered
Professional Civil Engineer or other qualified professional. The first report
shall be submitted to the Town one year after the first stormwater structure is
implemented.
84. Prior to the issuance of the final certificate of occupancy, all stormwater
structures shall be cleaned in accordance with the Stormwater O &M Plan.
85. Resa;ryeai. .... uWWWpkad k:0 k:4'. aqua° PR W C ;4waH [qua°,....
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PARKING
86. Applicant will provide sufficient on-site and off-site parking for the Project, as
described in the Shared Parking Plan set forth in Condition V.9990 below.
87. Applicant shall provide a total of 92 EV-ready parking spaces. Any Electric
Vehicle charging stations shall be restricted to residential use only.
88. The Project provides 100 surface level parking spaces in the south side yard,
of which 2 are ADA accessible. At least one of those spaces shall be
designated as ADA van accessible.
89. The Applicant shall provide for no less than a total of 467 non-exclusive
shared parking spaces to be made available to the Project both on and off the
Property, of which 462 parking spaces shall be located on the Property. Such
parking spaces in the garage shall be regulated by a key fob or equivalent
system, together with the on-site surface parking, shall be managed by the
Applicant (and/or its management company) to ensure the continuous
availability of adequate parking for the Project, and all on-site parking for the
Project may be shared with other users of the Mill Complex, consistent with
current parking practice. While it is understood that 467 shared parking spaces
shall be available to the Project, the Board acknowledges the approved use of
shared parking spaces throughout the Mill Complex, as approved by the
Planning Board under various existing special permits. To the extent
applicable, such existing Planning Board special permits shall be deemed
31
modified to allow for shared parking as approved by this Comprehensive
Permit. If in the future as a result of changes of use within the Mill Complex,
other than this Project, those new uses are subject to a requirement for
additional parking under the Zoning Bylaw, said parking requirements shall
be addressed by the Planning Board in applicable permits.
90. The Board acknowledges the conditions described in Special Permit Decision
(Petition No. 57-84), dated November 26, 1984, issued to North Andover
Mills Realty, Limited (including but not limited to, limitations on the number
of garage levels, originally granted to allow the I-S District to be extended
into the R-4 District). This Comprehensive Permit Decision hereby, to the
extent necessary, modifies the November 26, 1984 Special Permit Decision to
allow the Project to be constructed in accordance with the Final Plans.-
TRAFFIC IMPROVEMENTS
91. The service drive/emergency vehicle access to the east of the building will be
a minimum of 20 feet wide and designed to accommodate the Town's largest
piece of fire apparatus.
92. Wherever perpendicular parking is proposed, the drive aisle behind the
parking shall be at least 23-feet wide.
93. Signs and pavement markings shall comply with the Manual on Uniform
Traffic Control Devises ("MUTCD") and shall be installed at all three internal
driveway approaches to the East Mill driveway/High and Prescott Streets,
including STOP signs and STOP line pavement markings.
94. To maintain sight line triangles at the intersection of the driveways and street,
snow, plantings and structures shall be maintained at a height of 2 feet or less
within the sight lines to provide unobstructed sight lines.
95. Applicant will provide not less than 46 covered bicycle parking spots in the
building garage to encourage the use of bicycles.
96. 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, ride-sharing options and secure
bike parking. Information regarding public transportation services and
schedules shall be updated and posted in a central location or made available
to residents. A drop off/pick up area shall be designated near the front of the
building for rideshare services. A transportation coordinator shall be
designated for the Project, to coordinate the TDM plan, and new residents will
be provided a "welcome packet" detailing alternative transportation options.
Such TDM program shall be consistent with the TDM outlined in the Traffic
Report.
32
97. Applicant shall install a rectangular rapid flashing beacon (RRFB) at the
existing crosswalk closest to the Project on High Street with pedestrian
warning signage at and in advance of that crosswalk to be completed prior to
the issuance of a certificate of occupancy for the Project.
98. Any crosswalks internal to the Site shall be marked and ADA-compliant
wheelchair ramps shall be provided.at pedestrian crossings within the Project.
99. Applicant shall install a stop sign, stop line, and a double-yellow centerline
along the East Mill driveway approach to High Street, at least past the
westerly on-site driveway.
100. Applicant shall construct and maintain sidewalks and driveway aprons
from the easterly Project main driveway and along High Street to promote
pedestrian safety to be as shown on the Final Plans.
101. Applicant shall use markings on the Project driveway and sidewalks to
guide pedestrians from building entrances to common pedestrian paths,
including protected pedestrian crossings to the Mill Complex to promote
pedestrian safety.
102. The Applicant will consult with the North Andover Police Department to
obtain motor vehicle crash reports for the most recent one-year period
pj~c��1�4 oNN4ig bo( � 75100% occupancy for High
Street between and including Water Street and Prescott Street to review the
motor vehicle crash history with regard to crashes involving pedestrians and
bicycles. The crash reports will be reviewed by the Board's traffic peer
reviewer. Once reviewed by the traffic peer reviewer, the Applicant's reports,
the peer reviewer's review, and a technical memorandum summarizing the
result of the reports will be submitted to the Police Department, DPW, and
Planning Department and will include recommendations to enhance safety to
the extent so warranted by the crash history. The Applicant will design and
construct the recommended safety enhancements subject to receipt of all
necessary rights, permits and approvals to the extent that the improvements
are limited to signs, pavement markings, and turn restrictions. Should the
Board's traffic peer reviewer's report recommend additional mitigation, the
Applicant shall return to the Board to discuss additional mitigation measures
or modification of this Decision, as necessary. A[ the l p pfp can['s ebecbon,....
y y [3 the :pOSI aai C.Up��aaacy [mania, a�aaaaa�[+a�ing:..sand d3u� .aap�.uai a�a�am ia� a,aaa�aiauaaeai a�u ..
p,ir➢,dng ci !E i, d s[Oy deg a;Ebed Under Condubon No. 103 bepow.
103. Upon 75% occupancy of the Project, Applicant shall conduct a post-
occupancy traffic monitoring and parking demand study to review the effects
of the Project on traffic, specifically operations at the westernmost on-site
driveway that intersects with the north side of the East Mill driveway to
determine if there are issues related to vehicles entering the driveway.
Specifically, vehicle queues shall be monitored to determine if there are
impacts to the intersection of High Street at the East Mill driveway and at the
westernmost on-site driveway within East Mill. After conducting the study,
Applicant shall return to the Board to discuss findings and additional
mitigation, if warranted, to the extent that the improvements are limited to
33
signs, pavement markings, and turn restrictions. The post-occupancy
monitoring study shall be conducted in consultation with the Town
Engineering and Planning Departments. The study shall evaluate the
following:
a. Post-occupancy parking utilization counts within the Mill Complex and
compare to the results of the Parking Demand Study.
b. Vehicle queuing along the East Mill driveway to determine if the observed
vehicle queue along the driveway impacts circulation within the East Mill
complex and along High Street. To the extent that the vehicle queue is
observed to impede access or circulation within the East Mill complex or
along High Street,the Applicant will implement remedial measures to the
extent limited as described above.
c. Observed traffic volumes associated with the Project with the future traffic
volumes projections for the Project as defined in the Traffic Study.
ARCHITECTURE/LANDSCAPING/SCREENING
104. Applicant shall maximize the preservation of existing trees on the
Property to be left undisturbed by the construction and development in
substantial compliance with the Tree Preservation Plan and notes as shown on
Sheet L0.0 revised through 6/17/2026. The execution of the Tree Preservation
Plan shall be overseen by a certified arborist. During construction, Applicant
shall install protective barriers or equivalent measures around any tree on the
Property to be preserved in compliance with the Tree Preservation Plan. No
tree that has been identified to be preserved and any additional trees not
identified on the Tree Preservation Plan as being removed shall be removed
from the Site unless the arborist certifies its removal is necessary for the
construction of the Project as shown on the Final Plans or if such tree(s) are
dead or are unlikely to survive as a result of construction activities due to root
disturbance or otherwise. In addition,Applicant shall install a fence of at least
5-feet high and plant additional trees on the Project Site as depicted in the Site
Development Plans on Sheet L2.0
105. Crosswalks internal to the site shall be painted and clearly marked.
106. Applicant shall provide sidewalks within the site which shall connect to
sidewalks external to the site and shall be designed to encourage pedestrian
connectivity to the surrounding properties.
107. 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.
108. With the exception of areas required to be illuminated for safety
purposes under the State Building Code, all external lighting shall be designed
to be Dark-Sky compliant. Limited light spillover is permitted across the
southerly lot boundary only in the areas depicted on the Lighting Plan, Sheet
L-3.0 of the Site Development Plans
34
109. Any rooftop or at-grade mechanical areas, including air conditioning
units and generators shall be shielded from adjacent public ways using
fencing,vegetation, or architectural screening where possible.
110. Signage. The Applicant shall be permitted to include the retention of the
existing High Street directory sign, and to add one (1) ground-mounted
monument entry sign near the Project driveway entrance at the intersection
with subdivision roadway off of High Street identifying the Project and
directing residents to its location (as depicted on a plan entitled "Existing Site
Monument Sign to Remain," dated June 30, 2026, prepared by The
Architectural Team, Inc.). The site signage will be landscaped and externally
illuminated. Signage shall be permitted to include a maximum of three (3)
entrance signs on building front entrances and above the garage entrance, all
as shown on Sheet A6.00 of the Site Development Plans. Such signage is
considered placeholder signage with the final contents to be shown on the
Final Plans. Applicant will also be permitted to include one temporary non-
illuminated construction sign of no more than 64 square feet in size from
commencement through completion of construction and one temporary on-site
sign pertaining to the advertisement of the lease of dwelling units not-to-
exceed 6 square feet and no portion of which is greater than 5 feet above
ground level,which shall be removed no later than 1 week after the date of the
signing of the last lease,with signage details included in the Final Plans.
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 B, 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
35
James A. Testa, Member
Melissa Rutherford,Associate 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:
36
Exhibit A
SITE DEVELOPMENT PLANS
a. Architectural Plans. The buildings containing the Units and other structures are
shown on a set of signed and stamped architectural plans, consisting of fourteen (14 )
sheets, entitled "Zero Prescott,North Andover, MA—Application for Comprehensive
Permit — Architectural Drawings," dated October 21, 2025 (Rev. June 19, 2026),
prepared by The Architectural Team, Inc. , including Sheets: T0.01 Title Sheet;
T0.02 Drawing List and Project Information; A1.00 — First Floor Plan; A1.01 — 2nd
Floor Plan; A 1.02 -- 3rd & 4th Floor Plans; A 1.03 -- 5' Floor Plan & Roof Plan;
A2.01 — Enlarged Typical Unit Plans; A2.02 -- Enlarged Typical Accessible Unit
Plans; A4.01 — Exterior Elevations; A4.02 — Exterior Elevations; A5.00 — Site
Sections; A5.01 — Site Sections; A5.02 — Site Sections; and, A6.00 — Signage
Elevations, along with a plan entitled "Existing Site Monument Sign to Remain,"
dated June 30, 2026,prepared by The Architectural Team, Inc.
Collectively, the plans listed herein are hereinafter defined as the "Architectural
Plans"unless otherwise described herein.
b. Civil Plans. The buildings containing the Units, as well as a depiction of other improvements
as part of the Project are shown on the following signed and stamped engineering plans,
consisting of nineteen (19) sheets,entitled"Comprehensive Permit Site Development Plans
for Zero Prescott Residential Development, 0 Prescott Street(Assessor's Parcel ID 068.0-
0010-0000.0), Prescott Street&High Street,North Andover, MA 01845," dated October 21,
2025 (Rev. June 19, 2026 unless otherwise shown),prepared by Civil Design Group, Inc.,
including sheets: 1-- Cover Sheet; 2—Legend&Notes; 3 — Site Demolition&Erosion
Control Plan; 4— Site Plan; 5 —Grading &Drainage Plan; 6—Utility Plan; 7—Construction
Details; 8— Construction Details; 9— Construction Details; 10— Construction Details; 11 —
Construction Details; 12—Construction Details; 13 —Locus Plan; 1 --ALTA/NSPS Title
Insurance Survey, dated January 14, 2024,prepared by GM2 Associates; 2 --ALTA/NSPS
Title Insurance Survey, dated January 14, 2024,prepared by GM2 Associates; 3 --
ALTA/NSPS Title Insurance Survey, dated January 14, 2024,prepared by GM2 Associates; 4
--ALTA/NSPS Title Insurance Survey, dated January 14, 2024,prepared by GM2
Associates; 5 --ALTA/NSPS Title Insurance Survey, dated January 14, 2024,prepared by
GM2 Associates; and, 6 --ALTA/NSPS Title Insurance Survey, dated January 14, 2024,
prepared by GM2 Associates.
Collectively,the plans listed herein are hereinafter defined as the "Civil Plans"unless
otherwise described herein.
c. Landscaping and Lighting Plans. The Property landscaping and lighting are shown on the
following signed and stamped landscaping plans, consisting of four(4) sheets, entitled
"Comprehensive Permit Set,Zero Prescott, 0 Prescott Street,North Andover, MA 01845,"
dated February 5,2026 (Rev. June 17, 2026)unless otherwise shown,prepared by Verdant
Landscape Architecture, including sheets: L-1.0 Preliminary Landscape Plan; L-2.0
Preliminary Landscape Plan; and, L-3.0 Photometric Detail Plan, dated June 5, 2026,
prepared by Illuminate.
Collectively,the plans listed herein are hereinafter defined as the "Landscape Plans"unless
otherwise described herein.
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Collectively,the Architectural Plans,the Civil Plans, and the Landscape Plans,the "Site Development
Plans,"
Exhibit B
WAIVERS
Full list of Applicant's waiver requests and the Board's response detailed in Exhibit B.
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