HomeMy WebLinkAboutPublic Comment - Andrew Sarnie - Legal Strategy 40B - 4.23.26 - Correspondence - 0 Prescott Street 4/23/2026 Dear Members of the North Andover Zoning Board of Appeals,
I am writing as a concerned resident regarding the 40B development proposal for 0 Prescott
Street. My objective is to ensure that the Town is leveraging every available legal and historical
precedent to protect our community's interests, specifically by holding the developer
accountable to prior commitments.
I wish to formally submit for the record the Notice of Decision for the Subdistrict A Definitive
Master Plan Special Permit Modification, dated April 4, 2023 (Book 17755, Page 10). 1 urge the
Board and Counsel to address the following three critical areas:
1. Prior Binding Commitments and "Bad Faith" Negotiation:
The April 2023 Notice of Decision (Bk 17755 Pg 10) represents a clear, binding agreement
where RCG North Andover Mills LLC accepted specific density controls—including a 51-unit
reduction, and 89 unit cap—in exchange for town approvals. By now seeking a 40B override to
bypass these exact constraints, the developer appears to be engaging in "bad faith" bargaining.
I ask that Town Counsel evaluate whether these prior commitments constitute a pre-existing
contractual obligation that survives a 40B filing.
2. Financial Transparency and "Double-Dipping":
The developer has already realized significant profit from this site through the sale to Avalon.
Under 40B limited dividend regulations, I request that the Town's financial peer review
consultant scrutinize the "Total Development Cost." We must confirm if the developer is
attempting to "double-dip" by seeking inflated densities on the remaining parcel while ignoring
the substantial profits already extracted from the Master Plan area.
3. Enforcement of Reasonable Conditions:
While the Board has noted the lack of a "Safe Harbor" defense, the Town still maintains the right
to protect local concerns. If a permit is granted, I request that the Town mandate, at a minimum,
the architectural and density standards the developer already deemed "reasonable" and
accepted in the April 2023 filing to preserve the character of the Machine Shop Village
Neighborhood Conservation District.
I feel these specific legal avenues need to be aggressively pursued to ensure the developer is
not permitted to profit from breaking their word to the citizens of North Andover. While I will not
be able to attend the meeting in person on April 29th, I request that this is entered into the
record.
Sincerely,
Andrew Sarnie
39 Prescott St