HomeMy WebLinkAboutKP Draft Decision - Decision - 0 Prescott Street 6/22/2026
Draft 6/22/2026
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
Deleted: {00316158;v1}
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”).
Deleted:
The Applicant requests a Comprehensive Permit pursuant to Massachusetts General Laws, Chapter 40B
(“M.G.L. c. 40B”), 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.
1. 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.
2. 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.
3. 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 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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4. The Project application, plans, and documents set forth in Exhibit A, (collectively, the “Site
Development Plans”) were received in the application or during the public hearing and are hereby
Commented \[JS1\]: plans have been updated in Ex. A
incorporated by reference in this decision (the “Decision”).
Commented \[CM2\]: To be inserted and updated as
hearing progresses.
II. Procedural History
1. The Applicant filed its application for a Comprehensive Permit pursuant to
M.G.L. c. 40B on October 23, 2025
2. 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, and \[insert dates\]. 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:
a. A cover letter to the Board, signed by Manager of RCG North
Andover Mills LLC David Steinbergh, dated October 21, 2025;
b. Summary of the Applicant, Development Proposal, Local Need, and
Permit Request;
c. Jurisdictional Requirements;
d. Site/Existing Conditions Report;
e. Narratives and Exhibits
f. Attorney Signature Page signed by Attorney John Smolak;
g. Board Signed Permit Application, signed by Manager of RCG North
Andover Mills LLC, David Steinbergh;
h. Owner Authorization, signed by Manager of RCG North Andover
Mills LLC, David Steinbergh;
i. 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;
j. Applicant Entity Information, stating Applicant shall be a Limited
Dividend Organization as it is eligible to receive a Subsidy from a
Subsidizing Agency;
k. Evidence of Site Control
i. Quitclaim Deed to RCG North Andover Mills LLC, dated
January 22, 2007, recorded in Book 10601, Page 340;
ii. Purchase and Sale Contract between RCG North Andover
Mills LLC and East Mill Housing LLC, dated June 11, 2025;
l. Determination of Project Eligibility
i. Project Eligibility Letter issued by MassHousing,
MassHousing ID No. 1281, dated September 16, 2025;
m. Waiver request, as required under Section 56.05(2)(h) of the 40B
Regulations and Section 3.01(h) of the Board rules;
i. Waivers List addendum;
n. Applicant and Project Team presentation;
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o. Stormwater Management Report, prepared by Civil Design Group,
LLC, dated October 2025;
p. Transportation Impact Assessment Executive Summary, prepared by
Vanasse & Associates Inc (“VAI”), signed by Managing Partner
Jeffrey Dirk, P.E., dated October 2025;
q. Certified Abutters List, certified October 14, 2025;
r. Comprehensive Permit Site Development Plans for Zero Prescott,
prepared by Civil Design Group, LLC, dated October 21, 2025;
s. Zero Prescott, Architectural Drawings, prepared by The
Architectural Team, Inc. (“tat”), dated October 21, 2025;
t. Full Transportation Impact Assessment, Prepared by VAI, signed by
Managing Partner Jeffrey S. Dirk, P.E., dated October 2025;
u. Full Stormwater Management Report, prepared by Civil Design
Group, LLC, dated October 2025, revised February 2026;
v. Zoning Board of Appeals, November 20, 2025 public hearing
presentation, and
w. East Mill Housing LLC Comprehensive Permit application, signed
by David Steinbergh, Manager of RCG North Andover Mills LLC,
dated October 23, 2025.
ii. Applicant’s revised materials, Board Peer Reviewer Comments, and Responses
include:
Commented \[CM3\]: Request that Applicant review and
revise list to ensure all plans/reports are included and
a. Zero Prescott Presentation Materials – Meeting #1, dated November 20,
revisions dates are correct. For example, the photometric
2025;
plan and swept path analysis need to be added, and if
b. Initial Technical Peer Review – Comprehensive Permit Application, prepared
included with other revised plan sets, should be called out.
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 #2, dated January 20, 2026;
st
e. Peer Review Response to 1 Peer Review Comments by HW, prepared by
Civil Design Group, LLC (“CDG”), dated February 11, 2026;
f. Zero Prescott Presentation Materials – Meeting #3, 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 #2, 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 #4, dated March 24, 2026;
nd
l. Peer Review Response to 2 Peer Review Comments by HW, prepared by
Civil Design Group, LLC (“CDG”), dated April 1, 2026
m. Zero Prescott Presentation Materials – Meeting #5, dated April 8, 2026;
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;
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o. Peer Review Responses to Traffic Peer Review #2 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 #6, dated April 29, 2026;
t. Traffic Peer Review #3, 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 #7, dated May 21, 2026;
v. Updated Waiver List (Revised June 4, 2026);
w. Zero Prescott Presentation Materials – Meeting #8, dated June 9, 2026; and,
x. Zero Prescott Presentation Materials – Meeting #9, dated June 30, 2026;
iii. Letters and Comments from Town Departments include:
a. Police Department Comments, dated March 16, 2026;
b. Building Department Comments, dated March 31, 2026;
c. Conservation Commission Comments, dated March 31, 2026;
d. Department of Public Works Comments, dated April 1, 2026 with attached
memorandum;
e. Fire Department Comments, dated April 6, 2026;
iv. Letters and Comments from Abutters include:
Commented \[CM4\]: Note: Depending upon the Board’s
usual practice, we can either list the abutters’ written
a. E-mail from Jean Enright, subject Prescott-High Street Project, dated August
submissions as shown here or simply include a general
25, 2025;
acknowledgement of abutters’ comments and concerns. If
b. Online form Submittal from Michale Ronayne, subject Concerns Regarding
Board’s practice is to list all abutter emails/letter, this needs
Massive Housing Development at 0 Prescott Street (the East Mill Parking
to be updated.
Garage), North Andover, dated November 8, 2025;
c. E-mail from Robin Morgasen, subject Concerns over Proposed apartments at
High St. Mill, dated November 19, 2025;
d. E-mail from Andrew Sarnie, subject 40B hearing, dated January 20, 2026;
e. E-mail from Carla English, subject Grading, dated January 20, 2026;
f. Online form Submittal from Laurian Marchand, subject 0 Prescott
development, dated January 20, 2026;
g. E-mail from Amanda Prophett, subject ZBA meeting Comments 1/20/2026,
dated January 20, 2026;
h. E-mail from Jim Holland, subject Traffic meting 1/20, dated January 20,
2026;
i. E-mail from Jim Holland, subject Written public comments for 3/24/2026
Zoning Board of Appeals Meeting, dated March 23, 2026;
j. Sidewalk Condition photographs from February and March 2026, submitted
March 23, 2026;
k. Online form Submittal from Jim Holland, subject Presentation re: 0 Prescott
Street, dated March 25, 2026;
l. E-mail from Jim Holland, subject Prescott ZBA 4/8/2026 comment, dated
April 6, 2026, with Prescott St Sidewalk to Nowhere report attachment;
m. Public comment questions for April 8, 2026 Board meeting, and
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n. Letter from Michael Ronayne, Concerns Regarding the Proposed Massive
Housing Development at 0 Prescott Street (the East Mill Parking Garage),
North Andover.
5. The Board conducted a site visit on April 26, 2026.
6. The Board received and deliberated upon the items of record at the above-
listed hearing and the following Decision incorporates the testimony of the
Board, and testimony received from the public, municipal departments,
other boards and commissions, and representatives of the Applicant, and
sets forth the Board’s findings, states the Board’s actions, and lists the
conditions the Board voted to include in this Decision at its meeting on
_____ __, 2026.
III. Findings of Fact
A. Regulatory Findings
1. The Board finds that the Applicant has complied with all rules and regulations
of the Town as they pertain to the application for a Comprehensive Permit, with
the exception of any waivers from said rules and regulations expressly granted
by the Board. 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:
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:
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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 (“SHI”)-
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. As a result, the Project does not meet the Annual Land
Area Minimum pursuant to 760 CMR 56.03(3)(c);
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
towardits 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
CMR56.03(6); and,
g. the Applicant’s Comprehensive Permit Application does not constitute a
Related Application pursuant to 760 CMR 56.03(7).
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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.
8. During the public hearing, the Applicant was represented by David Steinbergh
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
1
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
1
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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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 façade 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) façade, 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
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
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(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
2
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
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
2
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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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
3
of the Project and Mill Complex.
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.87. in this Decision.
3
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 A Zoning District, which allows an
applicant under the Subdistrict A Overlay District to count “street parking within 100 yards of a parcel \[which\] shall be deemed
included in the parking count for the property” which means a project within the Subdistrict A Overlay Zoning District is entitled
to count, for zoning purposes, all street parking “within 100 yards of a parcel” toward the required parking for a project to meet
zoning compliance and which the Applicant could have requested but did not do so because the Parking Demand Study
demonstrates more than adequate parking to satisfy the parking needs of the Mill Complex including the Project without the need
to invoke the parking provisions of Section § 195-18.18.B.(1).
11
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
4
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
5
development area are adequate.”
6
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
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
7
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
4
See Memorandum, Zero Prescott Street Sewer Capacity Analysis, dated April 21, 2026 (Rev. April 22, 2026), prepared by
Kenneth W. Carlson, PE, Woodard & Curran.
5
See Memorandum, dated April 23, 2026, prepared by Tara McManus, PE, and Nicole Lewis, PE, Weston & Sampson
Engineers, Inc.
6
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”).
7
See Town of North Andover Master Plan (September 2008), prepared by RKG Associates, Inc. et als. (“North Andover Master
Plan”) at p. 61.
12
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 #1 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.
25. 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.
26. 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. Project support was also voiced by the neighborhood.
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.
Commented \[JS5\]: We do not have any recollection over
any concerns raised by the public over sufficiency of shred
parking.
27. The Board finds that the Applicant had adequately addressed these concerns as
described above, subject to the conditions described in this Decision.
Commented \[CM6R5\]: I believe abutters have questioned
whether there is sufficient parking for all users when they
questioned whether residents would park on Prescott St.
28. 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
13
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.
14
IV. 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.
Commented \[CM7\]: To be updated by applicant and
inserted after ZBA votes on waivers.
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 \[insert date\], 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 substantial or
15
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.
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. The Applicant shall notify the Planning Director when building permits are
issued for the Project and cooperate with the preparation of request forms to
add the Project to the Town’s SHI. The Applicant shall also notify the Planning
Director when occupancy permits are issued for the Project and cooperate with
the preparation of request forms to add the units to the Town’s SHI
permanently.
Commented \[JS8\]: Good question -- I do not know the
answer to that question.
15. The Applicant shall provide to the Board and the Building Commissioner for
Commented \[JS9\]: We assume the Planning Dept. staff
its records a copy of the final executed documents with the Subsidizing Agency,
would likely be charged with management of the Town's
including a regulatory agreement in accordance with 760 CMR 56 (the SHI.
“Regulatory Agreement”) prior to issuance of any building permit for the
Commented \[CM10R9\]: I assume this too, but is the PL
Project. T he execution and recording of such Regulatory Agreement shall be
Dept. always notified when building permits issue?
17
complete prior to the issuance of any building permit; provided, however, since
the construction lender and Subsidizing Agency will often not close 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.
Commented \[JS11\]: The new language reflects
MassHousing procedure.
Commented \[CM12R11\]: I have never had an issue with
16. The maximum number of affordable units allowed by law and the applicable
my standard language before. The BI does not concern
subsidy program, but no more than a total of 70% of the affordable units, shall himself with the closing on the loan. If Mass Housing
executes the RA prior to the issuance of a building permit,
be reserved as “local preference” units for present residents of North Andover,
must we add language about the closing documents?
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
Commented \[CM13\]: TBD by ZBA
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 SHI. 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
18
Subsidizing Agency as to whether the Town’s support services offered to
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), or expressly requested otherwise by the Building
Commissioner:
Commented \[CM14\]: Number and format TBD by
Building Dept.
a. Be submitted in the following format: one set of full sized and one set of
reduced plans (11” by 17”), in addition to a digital copy of the final stamped
plan set and any recordable plan sheets,
b. Reflect: (i) the additional plan details and revisions called for under the
Conditions of Approval set forth herein; (ii) any additional changes required
by other local boards and agencies to comply with state and federal law and
any local regulations not waived by this Comprehensive Permit; and (iii) any
requirements of the Subsidizing Agency upon final approval of the Project.
c. Conform to all pertinent requirements of the Americans with Disabilities Act
(ADA) and Massachusetts Architectural Access Board (MAAB), to the extent
applicable. The Applicant shall provide easements for any proposed ADA
Ramp encroachment onto their property along public layouts.
20. The Applicant shall provide the Final Plans in digital format acceptable to the
Town including but not limited to a format compatible with the Town’s
Geographic Information System (“GIS”). The digital copy of the final set of
approved as-built plans must follow the five requirements listed below unless
waived by the Building Department:
a. All plans and specifications must be submitted on electronic media (via cloud,
flash drive, CD or DVD_ROM) using an IBM-PC or compatible file format).
Acceptable file formats include: AutoCAD *.dwg, AutoCAD *.dxf, Arc
View *.shp, or ArcGIS Geodatabase *.mdb. The files must be identical to the
19
printed plan and contain all information included on the written plan. Upon
project completion a digital submission of the “as-built” plan is required prior
to receiving a Certificate of Completion from the Building Department.
b. All digital mapping data must be delivered in the Massachusetts State Plane
Coordinate system with a horizontal datum of NAD83 and vertical datum of
NGVD88.
c. Each feature type must be organized in the CAD or GIS data structure as a
separate layer using logical layer names. For example, there must be separate
CAD layers for buildings, roads, parcel lines, and wetlands. Having all these
features in a single CAD layer or GIS file will not be accepted.
d. Documentation of the data format must be provided with a description of the
CAD layers and list of the types of features placed in each layer. Submission
of multiple files must also include a list of the files and their purpose.
e. The data submitted must include documentation on the method used to gather
the data, the name of the person(s) responsible for preparing the data, contact
information, an estimation of the horizontal and vertical accuracy, and the
date of data capture. All media shall be free from any and all defects and
viruses and labeled as to their contents.
21. As-built Plans. Prior to the issuance of the final certificate of occupancy for the
Project, the Applicant shall provide “as-built” plans of the 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 must be provided in paper form as well as in SDF (Standard Digital
File) format to the Planning Department.
22. 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
23. 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.
24. 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.
25. 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.
20
26. 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, 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.
27. 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.
28. Prior to the issuance of building permits, the Applicant shall conduct soil
testing on the Site, if necessary. A licensed third party shall carry out the soil
testing. The soil testing shall be completed in accordance with industry
standards. Any soil found out of compliance with state or federal regulations
for a residential lot shall be treated in accordance with industry standards.
29. No Site Activities shall occur on the Property until the Applicant has:
a) Determined the volume of cuts/fill needed for the project and provided
such information to the Board signed by a Registered (Civil) Engineer of record.
The cuts/fills will be submitted and administratively reviewed as part of submittal
of Final Plans;
b) Submitted to the Board, for review by the Board’s peer review consultant,
Final Engineering Drawings and Plans (“Final Plans”) that conform to the
requirements of the Comprehensive Permit and incorporate the conditions herein.
Applicable sheets for the Final Plans shall be signed and sealed by the Professional
Land Surveyor, Professional (Civil) Engineer and/or Registered Architect, as
applicable. The Final Plans are to be submitted to the Board and 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.
21
c) Submitted to the Board and the Building Commissioner a Construction
Management Plan (the “CMP”), as well as a Construction Management Schedule
(the “CMS”), that generally conforms to industry standard practice and addresses
all construction-related conditions specifically set forth in this Decision, including
but not limited to, the proper removal and disposal of asbestos-containing material
and other materials related to the demolition of the existing parging garage,
adequate parking for construction vehicles and users of the Mill Complex, and fire
access as approved by the Fire Chief or designee. 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.
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
22
of 100% biodegradable erosion control blanketing or jute mesh covering that are
available for emergency erosion problems.
30. 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;
31. 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.
32. Prior to Site activities, the Applicant shall conduct a base-line visual survey
including photographs, documenting conditions of the final discharge point
where the project site’s stormwater will be ultimately directed and submit the
survey to DPW so as to establish existing conditions. Once per week during
construction activities, the Applicant shall submit a report with photographs
from the Monitor to the Town certifying that all work is being performed in
compliance with this Decision.
33. 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.
34. 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.
35. 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.
23
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.
36. During construction, the Applicant shall conform to all local, state and federal
Commented \[JS15\]: Modified hours to make consistent
with construction hours in planning board decisions
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.
37. 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.
38. The Board or its agent(s) may enter onto and view and inspect the Property
during regular business hours, with prior written notice, with consent not to be
unreasonably denied or delayed, to ensure compliance with the terms of this
Decision, subject to applicable safety requirements. After completion of
construction, the Town’s inspection officials shall have authority subject to
prior written notice, with consent not to be unreasonably denied or delayed, to
enter the common areas of the property for purposes of ensuring compliance
with the conditions of this Decision and any other applicable permits,
regulations, bylaws and statutes.
39. 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.
40. Pursuant to 780 CMR 33, the Building Commissioner may require that any
foundation, trench, structure, equipment or other hazard be secured as
24
necessary, in his opinion, including but not limited to installation of fencing
and/or filling of trenches.
41. 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.
42. 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.
43. 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 3:1
shall be stabilized by netting and pinning during suspension of construction.
GENERAL CONDITIONS
44. This Decision shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall
supersede any conflicting contract requirements. The Applicant shall
assure that all contractors, subcontractors, and other personnel
performing the permitting work are fully aware of the decision terms and
conditions.
45. 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
25
asbestos-containing material. All tree stumps shall either be ground or removed
from the Property. No burning is allowed on the Property.
46. 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.
47. The Project shall be served by municipal water, at the Applicant’s sole expense,
in accordance with the currently applicable DPW requirements.
48. 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.
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
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.
49. Applicant and/or the Property Management company shall take all steps to
implement a Transportation Demand Management Program as recommended
in the Traffic Report and as further described below..
Commented \[JS16\]: Not necessary to join the MVTMA
since it duplicates what management would be doing already
as a part of a TDM program already.
50. 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.
26
51. 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.
52. 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.
53. 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.
54. 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.
55. 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
56. 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.
57. 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.
58. 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
27
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.
Commented \[JS17\]: Do not think there are any easements
to be granted.
59. 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.
60. 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.
61. Should Applicant install an irrigation system, it shall not connect to and draw
from the Town’s public water supply when the Select Board has declared a
State of Water Supply Conservation, but if an automatic lawn irrigation
system connected to the municipal water system of the Town of North
Andover is used, it shall be registered with the Division of Public Works
(DPW), all in accordance with Chapter 185 of the North Andover General
Bylaws. (TBD by ZBA)
DPW Conditions
62. The Applicant shall employ water-saving devices and fixtures throughout the
development in accordance with the Massachusetts Plumbing Code and other
applicable regulations.
63. 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 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.
64. 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
28
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.
65. 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:
Commented \[CM18\]: In VAI’s April 13, 2026 report,
they claim the Fire Chief submitted an email of approval on
April 6, but I did not see this on the webpage. That email
66. Alarm and Sprinkler Systems. The buildings shall contain a fire sprinkler
may alter provisions of this section. Ned to obtain copy of
system. The Applicant shall submit final fire alarm/sprinkler plans to the North
said email.
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.
67. 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 )
Commented \[CM19\]: Swept Path Analysis should be
added to plans/submittals above.
indicating that the largest piece of apparatus of the North Andover Fire
Department has adequate access to the Project. Swept path is now included in
Commented \[JS20\]: Swept Path Analysis has been added
the final civil plan set.
to the civil plan set.
Deleted: \[Note our civil engineer states the Swept
68. Unless otherwise approved by the Fire Chief or designee, Fire Apparatus
Path Analysis as depicted on the Site Development
Access:
Plans has not substantively changed since the April
6, 2026 approval above.
a. Roadways must be at least 25 feet in width or as otherwise approved
by the Fire Chief as shown on the Final Plans;
b. Turning radius shall be no less than 25 feet for all turns;
c. 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;
d. 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;
e. Overhead clearance of the fire access lane no less than 13 feet 6
inches is to be maintained; and
Commented \[JS21\]: Not clear what this clearance relates
to, given that fire vehicles would not be entering the parking
f. Hydrant spacing to be no more than 500 feet in residential sections
garage.
located on the same side of the drive aisle as the building unless
otherwise approved by the Fire Department.
Commented \[CM22R21\]: Pertains to fire access lane
69. Prior to the start of any construction or as otherwise required under the
Massachusetts State Building Code, Applicant shall submit a fire safety plan,
29
Formatted: Highlight
including providing adequate site access, which shall be approved by the Fire
Chief or designee.
70. 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. 67-69 above.
71. 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.
72. 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.
Commented \[JS23\]: Fire flow tests were completed by
Town through its consultants. No need to perform new flow
testing.
73. Every building shall have affixed thereto the address of said building, which
shall be visible from the nearest street or road providing access.
Commented \[CM24R23\]: Flow tests should be added to
findings above.
74. Knox boxes shall be required, and their location shall be determined by the Fire
Department.
75. No combustible mulch shall be used within eighteen inches of combustible
portions of the exterior of buildings.
76. The approval for the storage of any combustible and/or flammable fluids shall
be obtained through the Fire Department.
77. 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
78. 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;
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.
30
79. Snow shall only be stored in the areas designated on plans and shall not be
placed within or above the stormwater management systems.
80. 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.
81. The Applicant shall comply with the SWPPP during construction until the EPA
NPDES Stormwater NOI is terminated after construction.
82. The use of silt sacks within the proposed catch basins shall be used during
construction.
83. Any imported fill shall have appropriate soils characteristics on which the
stormwater analysis and design are based.
Commented \[JS25\]: Would appear that the imported soils
need to be of a quality to support the requirements of the
stormwater report.
84. 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
Commented \[CM26\]: TBD by ZBA
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.
85. Applicant shall submit to the Planning Department the O&M plan which shall
include the name of the stormwater management system owners, schedule of
maintenance for off-site forebay and infiltration basin, instructions for cleaning
and maintaining the Hydrodynamic Separator, a plan showing location of all
stormwater best management practices, description and delineation of public
safety features, or an estimated operations and maintenance budget, prior to
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.
86. Evidence of maintenance of the stormwater management system shall be
provided to DPW in an annual report by a Registered Professional Civil
31
Engineer or other qualified professional. The first report shall be submitted to
the Town one year after the first stormwater structure is implemented.
87. Prior to the issuance of the final certificate of occupancy, all stormwater
structures shall be cleaned in accordance with the Stormwater O & M Plan.
88. After completion of the Project, the Applicant shall monitor the final discharge
point of all stormwater for two calendar years post issuance of the occupancy
permit. Results of the monitoring shall be submitted to DPW to document any
impacts that may have resulted from the new stormwater flow.
.
PARKING
89. 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.87 below.
Commented \[CM27\]: Need to update reference to
Condition #
90. Applicant shall provide a total of 92 EV-ready parking spaces. Any Electric
Commented \[CM28\]: Applicant to confirm as conflicting
Vehicle charging stations shall be restricted to residential use only.
information in HW reports v. VAI report
Commented \[JS29\]: Confirmed that 92 spaces required
91. The Project provides 100 surface level parking spaces in the south side yard, of
per energy code and not clear of the intent of "activated
which 2 are ADA accessible. At least one of those spaces shall be designated
proportionately" but, to our knowledge, that is not required
as ADA van accessible.
by the energy code.
Commented \[JS30\]: Only 1 is required to be van
92. The Applicant shall provide for no less than a total of 467 non-exclusive shared
accessible.Confirmed with our architect.
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 non-exclusive shared parking spaces
shall be made available allocated to the Project, the Board acknowledges the
approved use of shared parking spaces throughout the Mill Complex, and as
approved by the Planning Board under various existing special permits. To the
extent applicable, such existing Planning Board special permits shall be deemed
modified to allow for shared parking as approved by this Comprehensive
Permit. If, in the future, as a result of changes to uses at within the Mill
Complex, other than this Project, would be subject to a requirement for
additional parking under the Zoning Bylaw, said parking requirements shall be
addressed by the Planning Board in applicable permits.
TRAFFIC IMPROVEMENTS \[Note JS 32 in #93 below related to as-built of swept path so not sure that
comment is now needed\]
Commented \[JS31\]: Do not think this condition is
necessary because swept path analysis was already approved
by the Fire Department.
32
93. The service drive/emergency vehicle access to the east of the building will be a
Commented \[CM32R31\]: Is this access road less than 20
feet wide?
minimum of 20 feet wide and designed to accommodate the Town’s largest
piece of fire apparatus.
Commented \[JS33\]: Access road is 20 feet wide
94. Wherever perpendicular parking is proposed, the drive aisle behind the parking
shall be at least 23-feet wide.
95. 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.
96. 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.
97. Applicant will provide not less than 46 covered bicycle parking spots in the
building garage to encourage the use of bicycles.
98. 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.
99. 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.
100. Any crosswalks internal to the Site shall be marked and ADA-compliant
wheelchair ramps shall be provided.at pedestrian crossings within the Project.
101. 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.
102. 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.
103. 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.
33
104. The Applicant will consult with the North Andover Police Department to
Commented \[JS35\]: This condition is too ambiguous and
not defined as to what metrics will be used to demonstrate
obtain motor vehicle crash reports for the most recent complete one-year period
pedestrian safety that we have not seem with respect to
following 60% occupancy and at 100% occupancy for High Street between and
comparable planning board decisions or otherwise. It is a
including Water Street and Prescott Street to review the motor vehicle crash
highly unusual condition. What is defined as “the
history with regard to crashes involving pedestrians and bicycles. The results
neighborhood”? This condition should be eliminated. As a
of the review will be summarized in a technical memorandum that will be
compromise, the following is what we feel is a fair condition
which narrows what was an undefined neighborhood area,
submitted to the Police Department, DPW and Planning Department and will
defines the study scope, and suggests a potential remedy if
include recommendations to enhance safety to the extent so warranted by the
warranted by the study results.
crash history.The Applicant will design and construct the recommended safety
Commented \[JS36\]: Clarifying that Comment JS 34 refers
enhancements subject to receipt of all necessary rights, permits and approvals
to the condition proposed to be stricken above.
to the extent that the improvements are limited to signs and pavement markings.
Deleted: <#>Applicant shall conduct a post-occupancy
monitoring study to review pedestrian safety in the
105. Upon 75 percent occupancy of the Project, Applicant shall conduct a post-
neighborhood upon 75 percent occupancy of the Project.
occupancy traffic monitoring and parking demand study to review the effects
After conducting the study, Applicant shall return to the
of the Project on traffic, specifically operations at the westernmost on-site
Board to discuss findings, and based on the study, the
driveway that intersects with the north side of the East Mill driveway to
Board may determine whether further mitigation is
determine if there are issues related to vehicles entering the driveway. needed. If the Board determines additional pedestrian
crossing control is needed, the Applicant shall install
Specifically, vehicle queues shall be monitored to determine if there are impacts
such a control prior to the occupancy of the Project
to the intersection of High Street at the East Mill driveway and at the
reaching 100 percent capacity. The post-occupancy
westernmost on-site driveway within East Mill. After conducting the study,
monitoring study shall be conducted in consultation with
Applicant shall return to the Board to discuss findings and additional mitigation,
the Town Engineering and Planning Departments
if warranted. The post-occupancy monitoring study shall be conducted in
Deleted: <#>.¶
consultation with the Town Engineering and Planning Departments. The study
shall evaluate the following:
Commented \[CM37\]: Please note the applicant has agreed
to this condition provided mitigation is limited to signs,
pavement marking and turn restriction and subject to receipt
a. Conduct post-occupancy parking utilization counts within the Mill Complex
of all necessary approvals.
and compare to the results of the Parking Demand Study.
b. Evaluate 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 that shall be limited to signs and pavement markings.
Compare observed traffic volumes associated with the Project with the
future traffic volumes projections for the Project as defined in the
Deleted: .¶
Determine if there are any operational or safety
Traffic Study
issues at the site driveway, specifically
Deleted: vehicles entering and existing the
ARCHITECTURE/LANDSCAPING/SCREENING (TBD by ZBA)
Project and any blockages for through traffic
along High Street and the East Mill driveway.
106. Prior to the issuance of any building permit, Applicant shall submit a tree
preservation plan identifying any mature trees on the Property to be preserved
Commented \[JS38\]: To clarify JS 43, the language sticken
above was stricken because it is incorporated in the scope
or removed. As used herein, “mature tree” is defined as a tree having a caliper
above.
of ___inches measured as breast height. Any mature trees outside the limits of
work identified to be removed shall be accompanied by a report from a certified
Commented \[JS39\]: Covered by revised scope as
described above.
arborist as to the health and condition of the tree. Applicant shall maximize the
preservation of existing trees on the Property that are left undisturbed by the
construction and development to the extent reasonably practicable. During
Commented \[CM40\]: Require tree preservation plan
construction, Applicant shall install protective barriers or equivalent measures
around any tree on the Property to be preserved within the limit of work. No
tree shall be removed from the Site unless its removal is necessary for the
34
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.
107. Crosswalks internal to the site shall be raised. Are any external crosswalks
proposed/required/or to be improved on Prescott or High Streets?
108. 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. Does the Board want to require
internal walkways to be constructed with permeable pavers?
Commented \[JS41\]: The Applicant is not proposing
permeable pavers, the Stormwater Report does not suggest
the use of the same, and permeable pavers are prone to
109. Applicant shall maximize the use of native, drought-resistant plantings on
creating maintenance issues so the Applicant proposes no
Site and shall regularly replace any plantings that do not survive for a period of
permeable pavers. The Stormwater Report also indicates we
eighteen (18) months upon installation.
are reducing impervious surfaces from existing conditions.
110. 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.
111. 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.
112. The Board acknowledges the conditions described in Special Permit
Commented \[CM42\]: Not sure this condition is necessary
where CP supplants the prior permit. If necessary, move to
Decision (Petition No. 57-84), dated November 26, 1984, issued to North
general conditions. See suggested revised text.
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.
113. Signage. The Applicant shall be allowed to include two (2)
monument signs as well as entrance/canopy signs, all as depicted on the Site
Development Plans, including the retention of the existing High Street directory
sign, along with one (1) new
ground-mounted monument entry sign near the Project driveway entrance at the
intersection with subdivision roadway corner off of High Street, as well as
associated entrance/canopy signs on front entrances plans).\]
Commented \[JS43\]: These items to be added and will be
reflected in updated waivers.
114. Applicant shall preserve any existing mature vegetation between the
Commented \[CM44\]: Applicant to provide sign plan
building and the closest residential abutter at 39 Prescott Street to the extent
reasonably practicable. 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.
35
VI. RECORD OF VOTE
On __________, the Board voted __ in favor and __opposed to approve/deny the Comprehensive Permit
with Conditions contained herein and Waivers requested and listed in the attached Exhibit 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
Alexandria A. Jacobs, Member
James A. Testa, Member
We hereby certify that a copy of this decision was filed with the Town Clerk on:
_____________________
This decision shall not take effect until a copy of this decision certified by the Town has been recorded in
the Essex North Registry of Deeds, and a certified copy indicating such Registry recording has been filed
with the Board.
Copy to Applicant via Certified Mail on:
Notice of Decision mailed to interested parties on:
36
37
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; A1.02
th
-- 3rd & 4th Floor Plans; A1.03 -- 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
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 (Assessors 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.,
Deleted: 4
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.
Collectively, the Architectural Plans, the Civil Plans, and the Landscape Plans, the “Site Development
Plans,”
38
Exhibit B
WAIVERS
Full list of Applicant’s waiver requests and the Board’s response detailed in Exhibit B.
39
Deleted: {00316158;v1}