HomeMy WebLinkAboutRecorded Comp Permit Decision - 8.13.26 - Decision - 0 Prescott Street 8/13/2026 Bk 18662 Pg187 #13852
08-13-2026 @ 12 : 08p
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 Ivalco 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: July 14,2026
North Andover Zoning Board of Appeals: Michael T.Lis,Chair
Laura Craig-Comin,Vice-Chair
Frank J.Killilea, Clerk
Alexandria A. Jacobs,Members
James M. Testa,Member
Melissa Rutherford,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
This is certify that twenbj(20)days
have elapsed from dale of decision
Without filing of aA aN 1e oa Lp
Date_
Carla bawne Warren ATTEST:
Town Clerk A True Copy
'rfma Clerk
Member missed more that,one session of the,public.hearing and is disqualified from voting on the
application per G.L.c.39,§23D.
Bk 18662 Pg188 #13852
X. Factual Background
The Applicant in this matter is East Mill Housing LLC, a Massachusetts limited liability company (the
"Applicant"), controlled by RCG North Andover Mills LLC ("RCG").
The Applicant requests a Comprehensive Permit pursuant to Massachusetts General Laws, Chapter 40B
("M.G.L. c. 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"Pro e ").
1. As detailed in the application, the proposed residential development consists of two residential
multi-family buildings, adjoined by a central parking garage, each containing four to five stories
with a combination of studio, one-,two-, and three-bedroom units.
2. The Project is located on approximately 6.13+/-acres of land, at 0 Prescott Street, located within
the underlying Industrial S (I-S) and Residential 4 (R-4) zoning districts and the Downtown
Overlay District — Subdistrict A Historic Mill Area, all located in the Town of North Andover,
Massachusetts (the "Town"). The Property is listed by the North Andover Assessor's Office as
Assessors Map 68,Lot i0(Parcel ID 068.0-0010-0000.0), and is more particularly shown as Lot 3
on a subdivision plan entitled"Subdivision Plan,East Mill, 1 High Street&0 Prescott Street,North
Andover,Essex County,MA 01845,"prepared by Design Consultants,Inc.,and recorded with the
Essex North District Registry of Deeds as Plan No. 18129. The Property is owned by RCG North
Andover Mills,LLC(the"Owner")pursuant to a quitclaim deed recorded with said Deeds in Book
10601,Page 340. The Applicant has site control by virtue of a related entity,RCG North Andover
Mills LLC,which owns the site as is deemed by the Subsidizing Agency to be sufficient to control
the Site as required under Section 56.04(1)(c) of the Chapter 40B Regulations.
3. During the hearing process, the proposed Project was reduced from 296 units to 280 units, along
with a commensurate reduction in parking spaces from 397 to 362 within the proposed parking
garage, moved the parking garage and Building 2 slightly to the east, and increased building
stepbacks along Prescott Street, primarily to reduce building presence and massing of the
residential building and parking garage, to accommodate a 35-foot landscaped buffer and to
preserve mature tree canopy between the proposed buildings and single family residential
properties located to the north of the Project site along Prescott Street.
4. The Project, as modified, now consists of 280 rental units distributed across two (2)multi-family
residential buildings connected at the center by a parking garage. The Project will be accessed via
the existing driveway entrance off of the adjacent subdivision road extending onto High Street,
which is currently,and will continue to be shared with other uses at the East Mill complex. Building
One contains a gross square footage of approximately 158,959 with 149 rental units with a makeup
of 20 studio, 74 one-bedroom, 40 two-bedroom, and 15 three-bedroom units along with amenity
space. Building Two contains a gross square footage of approximately 141,535 with 131 rental
units with a makeup of 19 studio, 54 one-bedroom,45 two-bedroom, and 13 three-bedroom units.
Twenty-five (25%) percent of the units (70 affordable units) will be designated as affordable to
households earning up to 80% of Area Median Income. Each building will be four to five stories,
adjoined by a central parking garage.
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5. The Project application, plans, and documents set forth in Exhibit A, (collectively, the "Site
Development Plans")were received in the application or during the public hearing and are hereby
incorporated by reference in this decision (the"Decision").
IT. Procedural History
1. The Applicant filed its application for a Comprehensive Permit pursuant to M.G.L. c. 40B on
October 23, 2025.
2. A public hearing of the North Andover Zoning Board of Appeals(the"Board")was duly advertised
and published on October 30, 2025 and November 6,2026 in the Eagle Tribune newspaper.
3. Upon agreement of the parties,the North Andover Zoning Board of Appeals (the"Board") opened
the public hearing on November 20, 2025,which hearing was thereafter continued to January 20,
2026, February 25, 2026, March 24, 2026, April 8, 2026, April 29, 2026, May 21, 2026, June 9,
2026, June 30, 2026, and July 14, 2026. The Board voted to close the public hearing on July 14,
2026.
4. The Applicant's initial application submittals include:
a. Comprehensive Permit Application,dated October 21,2025, including:
b. A cover letter to the Board, signed by Manager of RCG North Andover Mills LLC David
Steinbergh,dated October 21,2025;
c. Summary of the Applicant,Development Proposal,Local Need,and Permit Request;
d. Jurisdictional Requirements;
e. Site/Existing Conditions Report;
f. Narratives and Exhibits
g, Attorney Signature Page signed by Attorney John Smolak;
h. Board Signed Permit Application, signed by Manager of RCG North Andover Mills LLC,
David Steinbergh;
i. Owner Authorization, signed by Manager of RCG North Andover Mills LLC, David
Steinbergh;
j. 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;
k. Applicant Entity Information, stating Applicant shall be a Limited Dividend Organization
as it is eligible to receive a Subsidy from a Subsidizing Agency;
1. 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;
iii. Determination of Project Eligibility
iv. 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;
n. Waivers List addendum;
o. Applicant and Project Team presentation;
p. Stormwater Management Report, prepared by Civil Design Group, LLC, dated October
2025;
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q. Transportation Impact Assessment Executive Stunmary, prepared by Vanasse &
Associates Inc ("VAI"), signed by Managing Partner Jeffrey Dirk, P.E., dated October
2025;
r. Certified Abutters List, certified October 14, 2025;
s. Comprehensive Permit Site Development Plans for Zero Prescott,prepared by Civil Design
Group,LLC,dated October 21, 2025;
t. Zero Prescott, Architectural Drawings, prepared by The Architectural Team, Inc. ("tat"),
dated October 21, 2025;
u. Full Transportation Impact Assessment, Prepared by VAI, signed by Managing Partner
Jeffrey S. Dirk,P.E., dated October 2025;
v. Full Stormwater Management Report, prepared by Civil Design Group, LLC, dated
October 2025,revised February 2026;
w. Zoning Board of Appeals,November 20,2025 public hearing presentation, and
X. East Mill Housing LLC Comprehensive Permit application, signed by David Steinbergh,
Manager of RCG North Andover Mills LLC, dated October 23,2025.
5. Applicant's revised.materials,Board Peer Reviewer Comments, and Responses include:
a. Zero Prescott Presentation Materials-Meeting#1, dated November 20, 2025;
b. Initial Technical Peer Review - Comprehensive Permit Application, prepared by the
Horsley Witten Group("HW"), dated December 16, 2025;
c. Traffic Monitoring Peer Review, prepared by VHB, dated December 26, 2025, with
attachments Traffic Monitoring Memorandums,prepared by VHB on behalf of AvalonBay
Communities,Inc.,dated February 16,2024 and February 10,2025;
d. Zero Prescott Presentation Materials-Meeting 42, dated January 20,2026;
e. Peer Review Response to 1st 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 44, dated March 24, 2026;
1. Peer Review Response to 2nd Peer Review Comments by HW,prepared by Civil Design
Group, LLC ("CDG"),dated April 1,2026
m. Zero Prescott Presentation Materials-Meeting 45, 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;
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;
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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;
x. Zero Prescott Presentation Materials—Meeting#9,dated June 30,2026;and,
y. Plan entitled"Existing Site Monument Sign to Remain,"dated June 30, 2026,prepared by
The Architectural Team,Inc.
6. Letters and Comments from Town Departments include:
a. Police Department Comments, dated March 16,2026;
b. Building Department Comments,dated March 31, 2026;
c. Conservation Commission Comments,dated March 31,2026;
d. Department of Public Works Comments,dated April 1,2026 with attached memorandum;
and,
e. Fire Department Comments, dated April 6, 2026.
7. The Board received several letters and comments from abutters and residents which are available
online on the Board's website and on file with the Board.2 Generally,comments included concern
regarding density of the Project,increased traffic, noise,lack of parking, invasion of privacy,lack
of sufficient infrastructure, environmental concerns, and inconsistency with the character of the
neighborhood.
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 "lunited 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.
2 Letters and Comments from abutters and residents are available at the following web address:
https://www.northandoverma.gov/1015/0-Prescott-Street-40B-Comprehensive-Penn.
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c. The Applicant has "control of the site" as that term is used pursuant to
M.G.L. c. 40B, § 21 and 760 CMR 56.04 (1) in that it has a legal and/or
equitable interests in the Property as demonstrated by Quitclaim Deed to RCG
North Andover Mills LLC,dated January 22,2007,recorded in Book 10601,
Page 340 and Purchase and Sale Contract between RCG North Andover Mills
LLC and East Mill Housing LLC, dated June 11,2025.
d. The Applicant has agreed to execute a Regulatory Agreement in accordance
with Chapter 40B and the regulations and guidelines adopted thereunder by
EOHLC and the Subsidizing Agency.
3. The Board finds that the Applicant has provided evidence that there exists a
regional need for low-and moderate-income housing.
4. The Town of North Andover has not met the statutory minima set forth in
G.L. c.40B §20 or 760 CMR 56.03(3) through 56.03(7)in that:
a. at the time the Applicant filed its Application for Comprehensive Permit,
the Board fmds 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;
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e, to the extent applicable,the Town has not achieved recent progress toward
its Statutory Minima in that the number of SHI Eligible Housing units that
have been created within the Town of North Andover during the 12 months
prior to the date of the Comprehensive Permit Application,or under permit
as of the date of the Applicant's initial submission to the Board, is not equal
to or greater than 2%of the municipality's total housing units pursuant to
760 CMR 56.03(5);
f. the Project does not constitute a Large Project pursuant to 760 CMR
56.03(6);and,
g, the Applicant's Comprehensive Permit Application does not constitute a
Related Application pursuant to 760 CMR 56.03(7)_
B.Project Factual Findings
5. The Property is an approximately 6.13+/-acre parcel improved by a two-story
parking garage and surface parking along with other improvements located at 0
Prescott Street.
6. The Property is within the underlying Industrial S(I-S)and Residential 4 (R-4)
zoning districts, and the Downtown Overlay District— Subdistrict A Historic
Mill Area, all located in the Town of North Andover, Massachusetts. The
Project consists of the development of 280 rental units within two residential
buildings, adjoined by a central parking garage,with each building containing
four to five stories, together with parking, landscaping, infrastructure, and
related residential accessory uses and other improvements.
7. During the course of the public hearings,the Board sought and received
comments from Town boards, departments,commissions and other Town
staff,as well as the public. The Board also engaged in thorough peer review
of the civil design, stormwater,architectural design,landscaping and lighting,
traffic,and water and sewer, and in the course of such third-party review,
retained five(5) separate third-party review firms,including:Horsely Witten
Group for stormwater and civil review; Gamble Associates for architectural
site and landscaping design review;Vanasse,Hangan Brustlin, Inc. for
transportation and parking review;Weston&Sampson Engineers,Inc. for
water capacity,hydrant flow tests and hydraulic modeling related to Project
water demands; and,Woodard and Cur-ran 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
Bk 18662 Pg194 #13852
Zieringer ALA N CARB LEED Green,Associate,with The Architectural
Team,Inc.; and,landscape architect,Natalie Adams,RLA,with Verdant
Landscape Architecture.
9. The Board retained the services of Horsely Witten Group to evaluate Project
stormwater management and civil/site design. Horsely Witten Group
concluded that it"is satisfied that the Applicant has adequately addressed our
comments."'
10. The Board retained the services of Gamble Associates to peer review
architecture,site design and landscaping. By letter,dated March 13,2026,as
amended by a March 13, 2026 Addendum,the peer review comments
suggested: (a)"...the residential complex works with the topography to break
down the scale; (b)the plan locates the large parking structure in the center of
the composition and brackets it with residential units that adequately shield it
from view; (c)the plan is exquisitely efficient,creating a nearly symmetrical
layout on the footprint of the existing underutilized parking deck. ... The
wings maintain a respectful height to the smaller scale residential
neighborhood on its perimeter"; (d)"within the context of an `Downtown
Overlay District-Historic Mill Area', ...the 296-unit complex is being built
in a district that has numerous large historic buildings comprised of just a few
high-quality materials,like brick masonry; (e)the proposed building has a
primary south facade with building entrances oriented towards these historic
structures. The current design breaks up the massing and materiality into
seven or eight segments along the primary elevation...." Recommendations
from the peer review letter, including the additional of brick to the east mill
facing(or south side)fagade, 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 Applicant has
responded to architectural peer review and Board continents: (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.
3 See Horsley Witten Group("HW")Peer Review Comments:#1,dated December 16,2025;42,dated March 3,2026;
and,43,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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12. The Board retained the services of Vanasse Hangen Brustlin,Inc. (VHB) to
peer review the traffic generation, sight distances, traffic safety and
mitigation, as well as adequacy of parking for the Project.
13. As to traffic,VHB peer reviewed the"Transportation Impact Assessment,
Zero Prescott,East Mill Residential Development,0 Prescott Street,North
Andover,Massachusetts,"October 2025,as supplemented and prepared by
Vanasse&Associates,Inc. ("VAI"),the Applicant's traffic engineering firm
(the"Traffic Report"). VAI stated, and VHB confirmed,the Traffic Study
was generally prepared in accordance with MassDOT's Transportation Impact
Assessment(TIA) Guidelines and the standards of the Traffic Engineering and
Transportation Planning professions for the preparation of such reports. The
Traffic Report was prepared to assess the potential impacts on the
transportation infrastructure associated with the proposed Project. The Traffic
Report,which was prepared based upon the original proposed number of units
(296 units vs.the approved 280 units), concluded that the Project can be
accommodated within the confines of the existing transportation infrastructure
in a safe and efficient manner with the implementation of improvements that
have been recommended as a part of this evaluation, and as conditioned in this
Decision.
14. Based upon review of the Traffic Report and other supplemental data prepared
by VAI as requested by VHB,the Board and others,together with review of
existing data prepared by VHB related to the nearby Avalon West Mill
Project,VHB has determined that transportation matters related to potential
impacts on the transportation infrastructure associated with the proposed
Project have been adequately address by VAT, and/or are otherwise
conditioned as described in this Decision.'
15. As to parking,VAI prepared a Parking Demand Study Memorandum,dated
April 24,2026, at VHB's and the Board's request in order to demonstrate that
sufficient parking will be provided within the parking areas that serve the
former Davis and Furber Machine Shop complex to accommodate a 296-unlit
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
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 I3,2026,April 24,2026
(Parking Demand Study Memorandum).
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Project during any one-hour period of the day; (d)given that the majority of
the uses within the Mill complex consist of either office or research and
development uses which have peak parking demands on a weekday and
generally between 11:00 AM and 2:00 PM, sufficient parking will be
available overnight(after 7 PM) and on weekend days within the Mill
complex to accommodate the construction of the Project; and, (e)as such,
more than sufficient parking will be available to accommodate the Project and
the mix of uses located within the Mill complex.
16. As to parking,VHB reviewed the Parking Demand Study,the scope therefor,
and other materials related thereto,and determined: (a)the existing parking
demand observations show that the maximum occupancy of the unrestricted
spaces is approximately 50 percent of the total supply,and that the existing
parking demand study was conducted during the appropriate time periods for
analysis; (b)the overall parking supply with the construction of the Project
will exceed the overall parking demand(existing demand plus the Project)by
at least 273 spaces, and that VHB's review of the information confirms that
the existing parking demand analysis for the Mill Complex was calculated
appropriately, and VHB concurs with the methodology used to develop the
future parking demand for the Project; and, (c)VHB concurs with the
conclusions of the parking demand study that state the number of parking
spaces available to residents of the Project and users of the Mill complex will
exceed the number of parking spaces for the existing and proposed uses,
subject to any conditions described in this Decision.
17. The Board further notes that the findings and conclusions of the Parking
Demand Study and VHB's confirmation of the general findings of the Parking
Demand Study were 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 sufficient parking exists to satisfy the
needs of the Project and Mill Complex.'
s 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 parkin;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
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18, Based upon the Traffic Report and Parking Demand Study prepared by VAI
and peer reviewed by VHB, as well as input from the Applicant relative to the
historic and successful utilization and integration of shared parking in the
mixed-use district,the Board finds that in addition to providing sufficient
parking for the Project itself,the Project incorporates sufficient parking to
accommodate the existing commercial parking needs of the adjacent parcels,
which are primarily in use when the residential parking needs are not. The
benefits of these shared parking arrangements have been acknowledged in
prior Special Permits granted in the Mill District as well as confirmed by the
presentations and peer review related to parking and traffic,as described in
the Shared Parking Plan pursuant to Condition V.88 in this Decision.
19. The Project will be accessed via the existing driveway entrance off of the
adjacent subdivision road extending onto High Street,which is currently, and
will continue to be,shared with other uses at the East Mill.
20. Woodard& Curran was retained by the Town to evaluate downstream sewer
capacities under both existing peak dry and wet weather flows and the
addition of future flows from the Project. Woodard&Curran concluded that
the East Side Interceptor Sewer has sufficient capacity to carry the additional
flow from the Project from its connection point to the interceptor to Sutton
Street without surcharging the interceptor such that no increase in sewer
system capacity is required.'
21. Weston & Sampson Engineers, Inc, (WSE) was retailed by the Town to
evaluate the proposed water system for the Project to determine if the Project
will receive adequate water pressure and flow from the Town's water
distribution system and to identify any impact the Project may have on existing
Town water-users in the area, using MassDEP Guidelines for Public Water
Systems and related regulations. WSE concluded that"hydrant flow tests and
hydraulic model suggest the existing water system conditions for the
development area are adequate.`
22. The Board finds that the Applicant has adequately addressed the Board's
concerns as described above, subject to the conditions described in this
Decision.
23, The Board finds that the Project, as conditioned herein, is consistent with local
needs. The Board finds that,when built in accordance with the Final Plans and
the conditions imposed herein,the Project will be"consistent with local
needs" and addresses matters of"Local Concern" as such terms are
contemplated by G.L. c.40B, §§ 20-23 and Chapter 40B regulations at 760
CMR 56.00.
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}.
h See Memorandum,Zero Prescott Street Sewer Capacity Analysis,dated April 21,2026(Rev.April 22,2026),
prepared by Kenneth W.Carlson,PE,Woodard&Curran.
7 See Memorandum,dated April 23,2026,prepared by Tara McManus,PE,and Nicole Lewis,PE,Weston&
Sampson Engineers,Inc,
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Bk 18662 Pg198 #13852
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 a Comprehensive Permit to the Applicant for the Project,to
be constructed according to the Site Development Plans subject to the following conditions of approval
("Conditions of Approval") and waivers granted herein,as set forth in Exhibit B.
V. Conditions of Approval
ADMINISTRATIVE
1. This Comprehensive Permit is granted to the Applicant and its limited dividend
successors and assigns for the purpose of constructing the Project as
conditioned herein and may not be transferred or assigned to any party prior to
substantial completion of the Project or a phase thereof without the approval of
the Subsidizing Agency and notice to the Board, as required by 760 CMR
56.05(12)(b) or any successor regulation. Transfer of a permit shall not, by
itself, constitute a substantial change pursuant to 760 CMR 56.07(4). After
substantial completion, the Comprehensive Permit approved by this Decision
shall be deemed to run with the land.
2. Except as provided in the following conditions or in the Final Plans referenced
below, the Project shall be constructed substantially in conformance with the
plans and drawings listed in Exhibit A, which for the purposes of the
Comprehensive Permit shall be considered the"Site Development Plans."
3. Pursuant to the Waiver List revised through July 14, 2026, the Board has
granted 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
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
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Bk 18662 Pg199 #13852
Applicant by the end of such 20-day period,the Comprehensive Permit shall be
deemed modified to incorporate the change. If, during a public meeting, the
Board deems a change to be substantial,then the Board shall hold a subsequent
public hearing within 30 days of its determination and issue a Decision within
40 days of termination of the hearing, at which the Board may approve or
disapprove the requested modifications or amendments to this Decision, in
accordance with the provisions of M.G.L. c. 40B, Section 21 and 760 CMR
56.05(11). The Board will determine whether additional information and
advice is necessary from other boards and officials in the event of such
substantial change and will then determine whether the change or requested
relief is to be approved and the Decision amended accordingly. "Substantial
Change" for the purposes of this paragraph may include,but not be limited to,
all matters defined as substantial changes in 760 CMR 56.07(4). If it deems
necessary, the Board may at the Applicant's reasonable expense retain
consultants to review and advise the Board regarding any proposed changes.
Notwithstanding the foregoing, minor changes to the Site Development Plans
and Final Plans (e.g., changes that do not materially affect the location of, or
increase the height or massing of the structures,or increase the number of units
contained in the residential buildings) shall be submitted to the Building
Commissioner who shall have the authority to approve such changes as
immaterial changes. If the Building Commissioner determines that the
proposed changes do not conform to the requirements of this Comprehensive
Permit,he shall so notify the Applicant and the Applicant shall either bring the
plans into conformance with this Decision or seek modification in accordance
with 760 CMR 56.05(11) as described above.
6. Unless substantial construction of the Project has commenced as further defined
by the issuance of a building permit, the Comprehensive Permit shall expire
three (3) years from the date the Decision is filed with the Town Clerk,
excluding any time required to adjudicate or resolve any appeal and to the extent
applicable, as such period may be tolled or extended by legislation. Any
requests for an extension of time shall be made in writing no less than thirty
days prior to the expiration of the Comprehensive Permit. Pursuant to 760
CMR 56.05(12)(c),the extension of the Decision shall not,by itself, constitute
a substantial change pursuant to 760 CMR 56.07(4).
7. Following the passage of the appeal period or thirty (30) days following the
final adjudication or resolution of an appeal, if any,the Applicant shall record
this Decision at the Essex North Registry of Deeds and provide proof of said
recording to the Board staff. No building permits will be issued until this
condition is satisfied.
8. The Town, by and through the Board or its designee, shall have continuing
jurisdiction over the Project to ensure compliance with the terms and conditions
of this Decision.
9. If any part of this Decision is for any reason held invalid or unenforceable,such
invalidity or unenforceability shall not affect the validity of any other portion
of this Decision.
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Bk 18662 Pg200 #13852
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 grass square footage of approximately 149,535 with 131 rental
units with a makeup of 19 studios, 54 one-bedroom,45 two-bedrocm,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 Iong 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 SRI as maintained by EOHLC.
14, At the Planning Director's request, the Applicant shall cooperate with the
Planning Director to prepare request forms to add the Project to the Town's SHI
after the building permits issue and,to prepare request forms to add the units to
the Town's SHI permanently after occupancy permits have issued.
15. The Applicant shall provide to the Board and the Building Commissioner for
its records a copy of the final executed documents with the Subsidizing Agency,
including a regulatory agreement in accordance with 760 CMR 56 (the
"RevulatoE Agreement") prior to issuance of any building permit for the
Project. The execution and recording of such Regulatory Agreement shall be
complete prior to the issuance of any building permit;provided,however,since
the construction lender and Subsidizing Agency will often not close and/or
14
Bk 18662 Pg201 #13852
execute such documents until the issuance of building permits, the Building
Commissioner is authorized to issue the building permits in escrow to the
closing attorney who shall release them only upon the Applicant satisfying the
requirements of this condition and paying any applicable building permit fees;
and in addition,the Building Commissioner is hereby authorized to execute and
deliver to the Applicant a "Will Issue" letter confirming that building permits
will issue upon satisfaction of the requirements of this condition.
16. The maximum number of affordable units allowed by law and the applicable
subsidy program,but no more than a total of 70% of the affordable units, shall
be reserved as "local preference"units for present residents of North Andover,
employees of the Town of North Andover or teachers employed by the North
Andover school district,of which the Town has requested, subject to approval
by the Subsidizing Agency. If such preferences are approved by the
Subsidizing Agency, a lottery shall be established in a form approved by the
Subsidizing Agency to effectuate the local preference with an approved
second lottery for all other applicants. The Town shall be responsible for
providing evidence required by the Subsidizing Agency to support the local
preference requirements. The Applicant shall reasonably assist the Town in
the submittal of any evidence required by EOHLC or other Subsidizing
Agency to support this local preference requirement. The Board
acknowledges that it will be required to provide evidence satisfactory to
EOHLC or other Subsidizing Agency of the need for the foregoing local
preference and to obtain approval of the categories of persons qualifying for
the same,and in no event shall the Applicant be in violation of the terms of
this Comprehensive Permit to the extent the Subsidizing Agency disapproves
the local preference requirement or any aspect thereof. If the Board or its
designees does not provide such information within 60 days of a written
request of the Applicant, its Lottery Agent,the Subsidizing Agency,then this
condition shall be without effect and void. Moreover,the Board has requested
and the Applicant has agreed,to the extent described herein,to offer 10%of
the affordable units within this Project to veterans based on Chapter 150 of the
Acts of 2024, "An Act relative to the Affordable Homes Act," Provided that
Applicant would not be required to provide veteran support services(onsite or
offsite)by the Executive Office of Housing and Livable Communities
("EOHLC") and/or the Subsidizing Agency(as a requirement of Final
Approval)and/or any other state or federal agency having jurisdiction over
veteran housing to provide veteran support services, 10%of the dwelling units
restricted as affordable to households earning at or below 80% AMI,adjusted
for household size(the"Affordable Units"), during the local preference
lottery for initial home sales, may be subject to a veteran's preference, if
approved by the Subsidizing Agency as part of final approval and if
recognized by EOHLC as eligible as an affordable unit available for inclusion
on the SH1. In the event EOHLC(in order for such units to qualify for the
SHI)and/or the Subsidizing Agency(within Final Approval or approving the
Regulatory Agreement) otherwise seek to impose a requirement on Applicant
to provide onsite or offsite veteran support services to allow for a veteran
preference,Applicant shall inquire of EOHLC and/or the Subsidizing Agency
as to whether the Town's support services offered to 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%
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Bk 18662 Pg202 #13852
of the units in this Projects shall be restricted as affordable to households
earning at or below 80%AMI. Applicant shall provide notice to the Board as
to the Subsidizing Agency's position on the inclusion of a veterans preference
and file a copy of its Affirmative Fair Marketing Plan,as approved by the
Subsidizing Agency,with the Board.
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 PIans")
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(l 1),and shall be submitted in a physical and digital format and
quantity that is acceptable to the Building Commissioner including but not
limited to a format compatible with the Town's Geographic Information System
("GIS").
20. As-built Plans. Prior to the issuance of the final certificate of occupancy for
the Project, the Applicant shall provide "as-built" plans of the driveways,
buildings, water, and electrical distribution systems to the Board, Fire
Department, Building Department and Department of Public Works("DPW");
such plans shall be submitted to the Board for review by the Board's peer
review consultant for consistency with this Decision. The as-built plans must
show the Property's drainage system locations, rims/inverts, pipe types, pipe
slopes, etc. The plans must be stamped by a Registered Professional Engineer
and include a stamped letter certifying the drainage system has been installed
per the proposed plans. The as-built plans must be provided in paper form as
well as in a digital format, as determined as acceptable by the Building
Commissioner,to the Planning Department.
21. Prior to the issuance of the final certificate of occupancy for the Project and
upon completion of sewer construction, the Applicant shall submit copies of
sewer as-built plans in paper form as well as in SDF (Standard Digital File)
format and service connection tie cards to the DPW Engineering Division (1
copy)and DPW Water& Sewer Division(1 copy).
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Bk 18662 Pg203 #13852
CONSTRUCTION
22, The Project infrastructure necessary for the operation of any Project building
shall be substantially completed,as determined by the Building Commissioner,
prior to the issuance of a certificate of occupancy for that building.
23. Except where specifically waived by this Comprehensive Permit or as reflected
on the Final Plans, construction shall be in accordance with all applicable
zoning and other bylaws,rules,and regulations of the Town.
24. Prior to issuance of any building permit, the Applicant shall provide evidence
of final approval from the Subsidizing Agency pursuant to 760 CMR 56.04(7)
to the Board and Building Department.
25. No construction upon the Property ("Site Activities") shall begin prior to a
preconstruction conference. The Applicant shall convene a preconstruction
conference with invitations to Town departments including, but not limited to,
the Building Department, Fire Department, DPW, Police Department, Health
Department, and the Planning Department at least 14 days prior to the planned
commencement of construction of the Project. The Applicant shall convene
such conference by contacting the Building Department in writing. All relevant
contractors and subcontractors involved with site preparation/site construction
activities shall attend this meeting. This Decision with Conditions of Approval
shall be reviewed by all parties involved. At the conference, a schedule of
inspections shall be agreed upon by the Applicant,and other municipal officials
subject to the Board's or its agent's final review and assent. No utility work,
earthwork or other site preparation activities shall occur until the Applicant has
obtained a notice to proceed from the Building Commissioner,
26. Prior to the issuance of any building permit,Applicant shall submit construction
plans and meet with DPW for final review and approval of all utilities.
Construction plans must show adequate detail on the size and material of the
proposed water mains and any fire service lines, including valves, fittings,
hydrants, post indicator valves, and other related appurtenances. Applicant
shall coordinate with the Water& Sewer Division to schedule an inspector to
oversee the construction, chlorination and pressure testing of all water mains
and services. Applicant is responsible for paying any fees for inspector
services.
27. Prior to the issuance of building permits,the Applicant may conduct soil testing
on the Site to screen for potential health or environmental contaminants. The
soil testing shall be completed in accordance with industry standards. Any soil
found to constitute a "release" under state oil or hazardous materials
regulations at 310 CMR 40.0000 shall be managed in accordance with such
regulations. Should any release require notification to the Commonwealth of
Massachusetts Department of Environmental Protection and remediation,
Applicant shall comply with all applicable federal and state laws pertaining to
same.
28. No Site Activities shall occur on the Property until the Applicant has:
17
Bk 18662 Pg204 #13852
a) Determined the volume of cuts/fill needed for the project and provided
such information to the Board signed by a Registered(Civil) Engineer of record.
The cuts/fills will be submitted and administratively reviewed as part of submittal
of Final Plans;
b) Submitted to the Board,for review by the Board's peer review consultant,
Final Engineering Drawings and Plans ("Final Plans") that conform to the
requirements of the Comprehensive Permit and incorporate the conditions herein.
Applicable sheets for the Final Plans shall be signed and sealed by the Professional
Land Surveyor, Professional (Civil) Engineer and/or Registered Architect, as
applicable. The Final Plans are to be submitted to the Board and the Building
Department at least 45 days prior to the anticipated commencement of building
construction or submission of an application for a building permit. If no written
response or comments have been given to the Applicant within 30 days after the
Final Plans have been delivered, the Final Plans will be deemed to have been
approved.
c) Submitted to the Board and the Building Commissioner for their review
and approval, which approval shall not be unreasonably delayed or denied, a
Construction Management Plan (the "CMP"), as well as a Construction
Management Schedule(the"CMS"),that generally conforms to industry standard
practice and addresses all construction-related conditions specifically set forth in
this Decision, including but not limited to, the proper removal and disposal of
asbestos-containing material, a dust mitigation plan, a plan to provide adequate
parking for construction vehicles and users of the Mill Complex,and fire access as
approved by the Fire Chief or designee, as well as any other materials related to
the demolition of the existing parking garage. Additional copies of the proposed
CMP shall be provided to the Board, Board of Health,and Fire Chief;
d) Provided to the DPW,Conservation Agent,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 and 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
1$
Bk 18662 Pg205 #13852
the project, ensure erosion controls are properly functioning, oversee any
emergency placement of controls and regular inspection or replacement of
sedimentation control devices. Proof of the retained Monitor must be submitted to
DPW on letterhead by the Monitor. Contact information for the Monitor shall be
forwarded to the Town prior to work commencing. The Monitor shall be given the
authority to stop construction for the purposes of correcting problems with erosion
control. The Monitor will immediately notify the Town of any matter that requires
attention by the Town. The Monitor must be available, or designate a substitute
Monitor to be available,during any 24-hour period, including weekends in case of
an emergency. The Monitor will be required to inspect all such devices and
oversee cleaning and the proper disposal of waste products and de-watering
activities. The Monitor must visually inspect all sedimentation and erosion control
measures on at least a weekly basis. Cleaning shall include removal of any
entrapped silt; and
i) Properly installed all erosion control measures as shown on the approved
plan, cordoned off the footprints of the proposed subsurface infiltration units to
avoid soil compaction from construction activity, and prepared an additional 100
feet of silt sock or compost filler,silt fence,and stakes,and note less than ten rolls
of 100% biodegradable erosion control blanketing or jute mesh covering that are
available for emergency erosion problems.
29. After erosion control measures have been placed but before construction
begins, Applicant shall notify the Town's Conservation Agent and allow the
Conservation Agent to inspect the placement and sufficiency of erosion control
measures to ensure the protection of the wetlands;
30. Prior to Site Activities,the Applicant shall provide separately or as a part of the
CMP,and update as necessary,to the Board and Building Commissioner:
a. the company affiliation, name, address and business telephone number
including 24-hour contact information of the construction manager who shall
have overall responsibility for construction activities on site;
b. a copy of a municipal lien certificate indicating that all taxes,assessments and
charges due on the Project have been paid;
c. written confirmation from the Applicant that all required federal, state and
local licenses and permits relating to the Project on the Property have been
obtained;
d. proof that street signage is in place to ensure that emergency personnel can
locate the site to provide emergency services to protect and secure the site
and construction personnel (if determined necessary by the Fire Department
and/or Police Department); and
e. at least 48 hour written notice. If activity on site ceases for longer than thirty
days,48-hour written notice is required prior to restarting work.
31. Prior to Site activities, the Applicant shall conduct a base-line visual survey
including photographs, documenting conditions of the final discharge point
where the project site's stormwater will be ultimately directed and submit the
survey to DPW so as to establish existing conditions.
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Bk 18662 Pg206 #13852
32. Prior to conducting any pile driving on Site, Applicant shall provide not less
than 48 hours of advance notice to the Town via the Building Commissioner,
and direct abutters.
33. If blasting is required,the Applicant shall comply with the blasting
requirements under State regulations at 527 CMR 1.00, and the local blasting
requirements of the North Andover Fire Department, as well as the following
if consistent with 527 CMR 1.00.
34. Prior to conducting any blasting on Site, Applicant shall conduct a survey of
properties directly abutting the Site for foundational and structural damages.
After conducting any blasting on Site, Applicant shall conduct a survey of
properties directly abutting the Site for foundational and structural damages.
These surveys shall be carried out by a licensed third party. Applicant shall
provide a report of the discrepancies between the first and second study
conducted on each property to the Building Commissioner and the property
owner. Prior to conducting any blasting on Site, Applicant shall provide not
less than 48 hours' notice of advance to the Town, via the Building
Commissioner, and direct abutters.
35. During construction, the Applicant shall conform to all local, state and federal
laws regarding noise, odor, vibration, dust, and blocking of Town roads. The
Applicant shall at all times use all reasonable means to minimize inconvenience
to residents and businesses in the general area. Excavation, trucking and
equipment start-up and operation, and any related activity in connection with
the development of the Project shall only be undertaken Monday through Friday
between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between 8:00
a.m. and 5:00 p.m. There shall be no work on site on Sundays. All other
activities, including but not limited to commercial construction, demolition,
repair,paving or alteration activities in the construction of the Project shall only
be performed Monday through Saturday between the hours of 7:00 a.m. and
5:00 p.m. Except for emergency work,there shall be no excavation or exterior
construction activities performed on any Sunday or state or federal legal
holiday. Deliveries shall not commence before 7:00 a.m.
36. During construction, at the end of each workday, the Applicant shall cause all
erosion control measures to be in place and shall cause all materials and
equipment to be secured. The erosion controls shall serve as the limit of work,
and site personnel shall be informed that no use of machinery, storage of
machinery or materials, stockpiling of soil, or construction activity is to occur
beyond this line at any time. Upon completion of all work on site, all debris
and construction materials shall be removed and disposed of in accordance with
state laws and regulations and the Board shall be notified in writing of the final
disposition of the materials.
37. The Board or its agent(s) may enter onto and view and inspect the Property
during regular business hours, with prior written notice,with consent not to be
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
20
Bk 18662 Pg207 #13852
enter the common areas of the property for purposes of ensuring compliance
with the conditions of this Decision and any other applicable permits,
regulations, bylaws and statutes.
38. All staging areas, including without limitation parking areas for construction
personnel, portable toilets, temporary work facilities, etc. shall be on the
Property. Thirty days following the issuance of the final certificate of
occupancy for the Project, construction staging areas shall be cleared and
completed in accordance with the Final Plans unless otherwise approved by the
Building Commissioner.
39. Pursuant to 780 CMR 33, the Building Commissioner may require that any
foundation, trench, structure, equipment or other hazard be secured as
necessary, in his opinion, including but not limited to installation of fencing
and/or filling of trenches.
40. To the extent that landscaping and other improvements(collectively,"Punchlist
Work") for the Project are not completed prior to the issuance of the final
certificate of occupancy, Applicant shall submit a Punchlist of outstanding
work to be completed with corresponding cost estimates to the Board for review
and approval by the Board or its designee(s),provided that such Punchlist Work
does not pose a public health or safety threat as determined by the Building
Commissioner. Upon the approval of the Board, the Applicant shall provide
the Town with a satisfactory surety instrument,that shall not expire unless and
until it is satisfactorily replaced or released, and in an amount to be determined
by the Board in consultation with Town officials and other consultants, based
upon the Applicant's reasonable estimate of the costs to complete such
Punchlist Work. Project surety shall be held by the Town Treasurer as cash,
letter of credit,bond, or a tri-party agreement until the Treasurer is notified by
the Board to release the surety. Requests to reduce the surety may be submitted
as the Punchlist Work progresses and shall include the amount of requested
reduction, a list of work outstanding and a cost estimate of the same. The
amount of the surety retained shall be based on the cost estimate of the
remaining work, and the surety shall be fully released upon the completion of
the landscaping work.
41. The SWPPP shall show the layout of the erosion control devices. An erosion
control,construction management and construction sequencing plan(s)showing
the construction methods, scheduling, phasing, winter stabilization measures,
and location of necessary water pollution and erosion control methods shall be
submitted as part of the Applicant's SWPPP and CMP.
42. If construction is temporarily suspended during the growing season,all exposed
areas shall be stabilized by seeding and/or mulching within 30 days of
suspension of construction.If construction is temporarily suspended outside the
growing season, all exposed areas shall be stabilized by mulching and tack
within 30 days of suspension of construction. Unstable slopes steeper than 3:1
shall be stabilized by netting and pinning during suspension of construction.
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Bk 18662 Pg208 #13852
GENERAL CONDITIONS
43. This Decision shall be included in the construction contract with the Project
general contractor. The Applicant shall ensure that all contractors,
subcontractors, and other personnel performing the permitting work are fully
aware of the decision terms and conditions and that construction is carried out
consistent with this Decision.
44. The existing garage is to be demolished. No tree stumps or other demolition
and construction debris shall be buried on the Property but shall be properly
disposed of in accordance with applicable law,including but not limited to any
asbestos-containing material. All tree stumps shall either be ground or removed
from the Property. No burning is allowed on the Property.
45. No security cameras on the Property shall be positioned so as to extend
coverage beyond the Property line of immediate residential abutters to the
Property.
46. The Project shall be served by municipal water,at the Applicant's sole expense,
in accordance with the currently applicable DPW requirements.
47. Property Management documents that govern the Project shall specify:
a. Trash and recycling will be deposited by residents in containers within a
designated room within the parking garage. Any dumpsters shall be located
within the garage. The containers will be moved to a collection area outside
of the garage by on-site maintenance staff on the scheduled day for pick-up
by the contracted waste management company. The containers will be
returned to the trash room.
b. Pet waste bags and disposal baskets are to be provided at pet waste stations.
The pet waste will be moved to collection areas outside of the garage by on-
site maintenance staff on the scheduled day for pick-up by a contracted waste
management company.
c. Parking for over-sized vehicles,recreational vehicles,trailers,boats and other
similar non-standard vehicles shall be prohibited unless such vehicles are
used for snow removal allowing for temporary parking or are temporary
construction vehicles prior to Project construction completion.
d. Tenant moves will be coordinated with the on-site property manager, who
will provide directions to the areas within the Project site to stage moving
vehicles. Smaller moving vehicles will be directed to use tenant parking.
Larger moving vehicles will be staged in the turnaround area that is accessed
from the emergency drive to the east of the building. No tenant moving
vehicles shall park on High Street or Prescott Street
e. Mail and package deliveries will be made to a delivery station that will be
located in the lobby of the residential building.
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Bk 18662 Pg209 #13852
f. Transportation network companies (TNCs) will use available parking or the
short-term parking spaces located adjacent to the entrance to the Iobby.
48. No snow shall be dumped off the side of the garage roof deck, nor shall any
snow be removed onto abutting private properties. No snow shall be stockpiled
on the garage roof deck. Snow shall be removed from the garage roof deck by
hand and/or smaller snow removal equipment and allowed to melt in snow
storage areas as designated on the Final Plan.
49. All outdoor lighting, including surface mounted building lighting and porch
lighting, shall be installed and maintained as provided for in the Final Plans,in
compliance with the Town's Zoning Bylaw, §195-I8.18.H, except where
specifically waived herein.
50. Except where specifically waived by this Comprehensive Permit as listed in the
attached Exhibit_B, construction shall be in accordance with all applicable
zoning and other bylaws,rules and regulations of the Town in effect on the date
of this Decision. This Comprehensive Permit serves as the permit necessary to
construct the Project under all local zoning and general bylaws, rules and
regulations, unless otherwise provided herein. In the submission for building
permits to construct the Project, the Applicant shall include an application,
along with all necessary supporting materials,that would ordinarily be required
for a building permit, which shall be reviewed by the Building Commissioner
for consistency with this Decision.
51, The Applicant's site contractor shall consult with the Planning Department on
developing a construction transportation plan. Truck routes shall not go
through Main Street or Water Street. Appropriate signage on the Site shall
designate the travel path and hours. Any proposed road closures must be
reviewed and approved by the Police and Fire Departments in advance. In lieu
of the above,the Applicant may include these matters within the CMP.
52. Applicant shall ensure that the Town Police Department,Fire Department,and
emergency responders have 24-hour access to the garage via key FOB or other
acceptable means of access.
53. High and Prescott Streets in the immediate vicinity of the Project are to be kept
clean and free of any construction debris. At a minimum, at the end of each
construction day,Applicant shall inspect, and if necessary, sweep the portions
of High and Prescott Street immediately adjacent to the Project Site. Pavement
on the Property shall be swept at least weekly or as directed by the Monitor,as
long as the site remains un-stabilized.
INFRASTRUCTURE
54.All utilities and water construction and materials shall be constructed
consistent with the Final Plans and as otherwise adjusted in accordance with
Town or utility provider requirements except as otherwise shown on the Final
Plans.
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Bk 18662 Pg210 #13852
55. All utilities (with the exception of meters,boxes and other appurtenances)
within the Project shall be installed underground unless otherwise required by
public utility providers.
56. Unless otherwise provided for herein,the following portions of the Project
located on the Property shall be and shall remain forever private and the Town
shall not have,now or ever, any legal responsibility for the operation,
maintenance,repair, or replacement of:
a, the entire cn-site stormwater management system and all stormwater, lines
and equipment required to serve the Property;
b, the sidewalks, driveways, roads, utilities, drainage systems, fire protection,
gas (if applicable), electric, telephone, and cable system and all other
infrastructure shown on the Final Plans as serving the Project, including but
not limited to plowing, sanding, snow removal, trash collection, site
maintenance, and landscape maintenance; and
c. property lighting,landscaping,and screening.
57. The Applicant shall also be responsible for conducting inspection,maintenance
and cleaning of all elements of the stormwater management system located on
the Property in a manner consistent with the Project Stormwater 0&M Plan.
58. All retaining walls associated with the Project which are four(4)feet or
greater in height shall be designed by a Massachusetts Professional Structural
Engineer. Prior to the issuance of an occupancy permit,Applicant shall
provide the Board with a report prepared by a structural engineer certifying
that the above-referenced retaining walls have been constructed according to
said design.
DPW CONDITIONS
59. The Applicant shall employ water-saving devices and fixtures throughout the
development in accordance with the Massachusetts Plumbing Code and other
applicable regulations.
60. As described in the Assistant DPW Director/Town Engineer's April 1, 2026
memorandum to the Board, the Project's drainage system shall connect to the
existing 36" drain line traversing through the Avalon Bay West Mill property
via an 18"drain line across the Prescott/High Street intersection and Applicant
shall install a new catch basin at said intersection to capture surface runoff along
the gutter line to redirect runoff away from High Street and into the Avalon Bay
West Mill 36"pipe.
61. The Town proposes to resurface Prescott Street and extend the sidewalk to
connect to Route 125 in Fiscal Year 2028 (the "Prescott Street Project").
Applicant shall use reasonable efforts to coordinate the construction of curb
cuts and driveways and installation of pipes to serve the Project with the
Department of Public Works to precede the Prescott Street Project. If the
Project curb cuts occur after the Prescott Street Project, the Applicant shall
coordinate with the Town DPW to use reasonable efforts to minimize
disturbance to or interference with the Prescott Street Project and restore any
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Bk 18662 Pg211 #13852
disturbed areas to its pre-disturbance condition or better,and in accordance with
applicable DPW requirements.
62. Any disturbance of roadways, sidewalks, pavement, manhole covers, or catch
basins necessitated by the above-described installations in High and Prescott
Streets shall be repaired by the Applicant and restored to its pre-disturbance
condition or better.
FIRE DEPARTMENT CONDITIONS
63. Alarm and Sprinkler Systems. The buildings shall contain a fire sprinkler
system, The Applicant shall submit final fire alarni/sprinkler plans to the North
Andover Fire Chief for review and approval. The Applicant shall install
sprinklers in compliance with G.L. c. 148, § 261:, which requires a sprinkler
system designated per the National Fire Prevention Association Code and the
Massachusetts State Fire Code, as reviewed and approved by the Fire Chief.
All fire protection systems shall comply with the State Building Code and any
amendments thereto.
64. Applicant has submitted a Swept Path Analysis dated October 21,2025,which
was reviewed and approved by the Fire Chief or designee on April 6, 2026
indicating that the Iargest piece of apparatus of the North Andover Fire
Department has adequate access to the Project. The fire access shall be
constructed in substantial compliance with Sheet 4 (Site Plan) of the Site
Development Plans.
65. Unless otherwise approved by the Fire Chief or designee, Fire Apparatus
Access:
i. Roadways must be at least 25 feet in width or as otherwise approved
by the Fire Chief as shown on the Final Plans;
ii. Turning radius shall be no less than 25 feet for all turns;
iii. Fire lanes shall be approved by the Fire Chief or designee,are always
to be no less than 20 feet in width and remain open and shall be
marked by yellow lines, a minimum of 4 inches in width, spaced no
mare than 3 feet apart and extending a minimum of six feet on the
diagonal from the curb;
iv. An overlay diagram will be required to demonstrate the ability of the
Town's largest piece of fire apparatus to enter, maneuver, reverse
direction, and negotiate at each road, intersection, turn egress/exit
and dead-end feature. Dimensions and vehicle specifications will be
provided by the North Andover Fire Department upon request;
v. Overhead clearance of the fire access lane no less than 13 feet 6
inches is to be maintained;and
vi. Hydrant spacing to be no more than 500 feet in residential sections
located on the same side of the drive aisle as the building unless
otherwise approved by the Fire Department.
66. Prior to the start of any construction or as otherwise required under the
Massachusetts State Building Code, Applicant shall submit a fire safety plan,
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Bk 18662 Pg212 #13852
including providing adequate site access, which shall be approved by the Fire
Chief or designee.
67. Prior to the issuance of any building permit, the Applicant shall submit plans
and supporting materials and calculations for review and approval by the North
Andover Fire Department under state law demonstrating compliance with
Condition V.63-66 above.
68. Prior to the issuance of any building permit,the Fire Chief or his designee shall
approve the number and final location of all fire hydrants on the Property.
69. Prior to the issuance of any occupancy permit, Applicant shall submit plans
stamped by a fire protection engineer certifying that the fire sprinkler system
has been installed as designed.
70. Every building shall have affixed thereto the address of said building, which
shall be visible from the nearest street or road providing access.
71. Knox boxes shall be required,and their location shall be determined by the Fire
Department.
72. No combustible mulch shall be used within eighteen inches of combustible
portions of the exterior of buildings.
73. The approval for the storage of any combustible and/or flammable fluids shall
be obtained through the Fire Department.
74. The final grade of the garage ramps shall be approved by the Fire Chief or
designee but shall not exceed a grade of 10%.
STORMWATER MANAGEMENT
75. The Applicant shall comply with the Massachusetts Department of
Environmental Protection("DEP") Stormwater Regulations and standards,
and the North Andover Stormwater Bylaw and regulations to the extent not
waived by this Decision,and evidenced by the following:
a. the specifications shown on the Final Plans;
b. the implementation of a Low Impact Development Technique to use of the
existing swale to capture and convey runoff matching the existing impervious
area;
c. the inclusion of a subsurface infiltration system with a storage capacity
depicted in the Stormwater Management Report described below, which
exceeds the storage capacity required to capture the increased impervious
surface area; and
d. Full Stormwater Management Report,prepared by Civil Design Group,LLC,
dated October 2025,revised February 2026.
76. Snow shall only be stored in the areas designated on plans and shall not be
placed within or above the stormwater management systems.
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Bk 18662 Pg213 #13852
77. Prior to starting any Site Activities, the SWPPP shall be provided to the
contractors during construction and a copy must be kept on site during
construction.
78. The Applicant shall comply with the SWPPP during construction until the EPA
NPDES Stormwater NOI is terminated after construction.
79.. The use of silt sacks within the proposed catch basins shall be used during
construction.
80. Any imported fill shall have appropriate soil characteristics on which the
stormwater analysis and design are based.
81. Stormwater Management Maintenance. The SWPPP and the Stormwater
Operation and Maintenance ("C&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, but is not obligated to, perform necessary maintenance or repairs
and the Applicant or successor hereby authorizes the Town to enter the Property
for this purpose. In such event, the Applicant or successor shall reimburse the
Town for any and all reasonable expense associated therewith; in the event of
nonpayment, the Town may place a lien on the Property and any improvement
thereupon. All costs incurred by the Town in connection with its performance
of such required maintenance on the Property shall be reimbursed by the
Applicant or its successor to the Town within thirty(30) days of receipt of the
Town's invoice for such costs,which shall constitute a municipal charge or fee,
pursuant to M.G.L. c.40, §§ 57 and 58.
82. Applicant shall submit to the Planning Department the 0&M plan which shall
include the name of the stormwater management system owners, schedule of
inspections and 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.
83. Evidence of monitoring and maintenance of the stormwater management
system shall be provided to DPW in an annual report by a Registered
Professional Civil Engineer or other qualified professional. The first report
shall be submitted to the Town one year after the first stormwater structure is
implemented.
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Bk 18662 Pg214 #13852
84. Prior to the issuance of the final certificate of occupancy, all stormwater
structures shall be cleaned in accordance with the Stormwater O&M PIan.
PARKING
85. 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.88 below.
86. Applicant shall provide a total of 92 EV-ready parking spaces. Any Electric
Vehicle charging stations shall be restricted to residential use only.
87. The Project provides 100 surface level parking spaces in the south side yard,of
which 2 are ADA accessible. At least one of those spaces shall be designated
as ADA van accessible.
88. The Applicant shall provide for no less than a total of 467 non-exclusive shared
parking spaces to be made available to the Project both on and off the Property,
of which 462 parking spaces shall be located on the Property. Such parking
spaces in the garage shall be regulated by a key fob or equivalent system,
together with the on-site surface parking, shall be managed by the Applicant
(and/or its management company) to ensure the continuous availability of
adequate parking for the Project, and all on-site parking for the Project may be
shared with other users of the Mill Complex, consistent with current parking
practice. While it is understood that 467 shared parking spaces shall be
available to the Project, the Board acknowledges the approved use of shared
parking spaces throughout the Mill Complex, as approved by the Planning
Board under various existing special permits. To the extent applicable, such
existing Planning Board special permits shall be deemed modified to allow for
shared parking as approved by this Comprehensive Permit. If in the future as a
result of changes of use within the Mill Complex,other than this Project, those
new uses are subject to a requirement for additional parking under the Zoning
Bylaw, said parking requirements shall be addressed by the Planning Board in
applicable permits.
89. The Board acknowledges the conditions described in Special Permit Decision
(Petition No.57-84), dated November 26, 1984,issued to North Andover Mills
Realty, Limited (including but not limited to, limitations on the number of
garage levels,originally granted to allow the I-S District to be extended into the
R-4 District). This Comprehensive Permit Decision hereby, to the extent
necessary, modifies the November 26, 1984 Special Permit Decision to allow
the Project to be constructed in accordance with the Final Plans.
TRAFFIC IMPROVEMENTS
90. The service drive/emergency vehicle access to the east of the building will be a
minimum of 20 feet wide and designed to accommodate the Town's largest
piece of fire apparatus.
91. Wherever perpendicular parking is proposed,the drive aisle behind the parking
shall be at least 23-feet wide.
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Bk 18662 Pg215 #13852
92. 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 Iine pavement markings.
93. 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.
94. Applicant will provide not less than 46 covered bicycle parking spots in the
building garage to encourage the use of bicycles.
95. 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.
96. 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.
97. Any crosswalks internal to the Site shall be marked and ADA-compliant
wheelchair ramps shall be provided.at pedestrian crossings within the Project.
98. 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.
99. 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.
100. 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.
101. The Applicant will consult with the North Andover Police Department to
obtain motor vehicle crash reports for the most recent one-year period preceding
85% occupancy for High Street between and including Water Street and
Prescott Street to review the motor vehicle crash history with regard to crashes
involving pedestrians and bicycles. The crash reports will be reviewed by the
Board's traffic peer reviewer. Once reviewed by the traffic peer reviewer, the
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Bk 18662 Pg216 #13852
Applicant's reports, the peer reviewer's review, and a technical memorandum
summarizing the result of the reports will be submitted to the Police
Department, DPW, and Planning Department and will include
recommendations to enhance safety to the extent so warranted by the crash
history. The Applicant will design and construct the recommended safety
enhancements subject to receipt of all necessary rights,permits and approvals
to the extent that the improvements are limited to signs, pavement markings,
and turn restrictions. Should the Board's traffic peer reviewer's report
recommend additional mitigation, the Applicant shall return to the Board to
discuss additional mitigation measures or modification of this Decision, as
necessary. At the Applicant's election, this study may be combined with the
post-occupancy traffic monitoring and parking demand study described under
Condition V.102 below.
102. Upon 85% occupancy of the Project, Applicant shall conduct a post-
occupancy traffic monitoring and parking demand study to review the effects
of the Project on traffic, specifically operations at the westernmost on-site
driveway that intersects with the north side of the East Mill driveway to
determine if there are issues related to vehicles entering the driveway.
Specifically,vehicle queues shall be monitored to determine if there are impacts
to the intersection of High Street at the East Mill driveway and at the
westermnost on-site driveway within East Mill. After conducting the study,
Applicant shall return to the Board to discuss findings and additional mitigation,
if warranted,to the extent that the improvements are limited to signs,pavement
markings,and turn restrictions. The post-occupancy monitoring study shall be
conducted in consultation with the Town Engineering and Planning
Departments. The study shall evaluate the following:
a. Post-occupancy parking utilization counts within the Mill Complex and
compare to the results of the Parking Demand Study.
b. Vehicle queuing along the East Mill driveway to determine if the observed
vehicle queue along the driveway impacts circulation within the East Mill
complex and along High Street. To the extent that the vehicle queue is
observed to impede access or circulation within the East Mill complex or
along High Street, the Applicant will implement remedial measures to the
extent limited as described above.
c. Observed traffic volumes associated with the Project with the future traffic
volumes projections for the Project as defined in the Traffic Study.
ARCHITECTURE/LAND SCAPING/SCREENING
103. Applicant shall maximize the preservation of existing trees on the Property
to be left undisturbed by the construction and development in substantial
compliance with the Tree Preservation Plan and notes as shown on Sheet L-0.0
revised through June 17, 2026. The execution of the Tree Preservation Plan
shall be overseen by a certified arborist. During construction, Applicant shall
install protective barriers or equivalent measures around any tree on the
Property to be preserved in compliance with the Tree Preservation Plan.No tree
that has been identified to be preserved and any additional trees not identified
on the Tree Preservation Plan as being removed shall be removed from the Site
unless the arborist certifies its removal is necessary for the construction of the
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Bk 18662 Pg217 #13852
Project as shown on the Final Plans or if such tree(s)are dead or are unlikely to
survive as a result of construction activities due to root disturbance or otherwise.
In addition, Applicant shall install a fence of at least 5-feet high and plant
additional trees on the Project Site as depicted in the Site Development Plans
on Sheet L2.0.
104. Crosswalks internal to the site shall be painted and clearly marked.
105. 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.
106. Applicant shall maximize the use of native,drought-resistant plantings on
Site and shall regularly replace any plantings that do not survive for a period of
eighteen(18)months upon installation.
107. With the exception of areas required to be illuminated for safety purposes
under the State Building Code, all external lighting shall be designed to be
Dark-Sky compliant. Limited Iight spillover is permitted across the southerly
lot boundary only in the areas depicted on the Lighting Plan, Sheet L-3.0 of the
Site Development Plans
108. 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.
109. Signage. The Applicant shall be permitted to include the retention of the
existing High Street directory sign, and to add one (1) ground-mounted
monument entry sign near the Project driveway entrance at the intersection with
subdivision roadway off of High Street identifying the Project and directing
residents to its location(as depicted on a plan entitled"Existing Site Monument
Sign to Remain," dated June 30, 2026, prepared by The Architectural Team,
Inc.). The site signage will be landscaped and externally illuminated. Signage
shall be permitted to include a maximum of three(3)entrance signs on building
front entrances and above the garage entrance, all as shown on Sheet A6.00 of
the Site Development Plans. Such signage is considered placeholder signage
with the final contents to be shown on the Final Plans. Applicant will also be
permitted to include one temporary non-illuminated construction sign of no
more than 64 square feet in size from commencement through completion of
construction and one temporary on-site sign pertaining to the advertisement of
the lease of dwelling units not-to-exceed 6 square feet and no portion of which
is greater than 5 feet above ground level, which shall be removed no later than
1 week after the date of the signing of the last lease, with signage details
included in the Final Plans.
RECORD OF VOTE
On July 14, 2026 the Board voted five in favor and none opposed to approve the Comprehensive
Permit with Conditions contained herein and Waivers requested and listed in the attached Exhibit B,subj ect
to the conditions set forth herein.
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Bk 18662 Pg218 #13852
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.
For the Zoning Board of Appeals of the Town of North Andover:
Michael T. Lis,Chair
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:
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Bk 18662 Pg219 #13852
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:T0.0I Title Sheet;TO.02 Drawing List
and Project Information; A1.00 —First Floor Plan; A1.01 —2nd Floor Plan; A1.02 --
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, along with a plan entitled
"Existing Site Monument Sign to Remain," dated June 30, 2026, prepared by The
Architectural Team, Inc. Collectively, the plans listed herein are hereinafter defined
as the"Architectural Plans"unless otherwise described herein.
b. Civil Plans. The buildings containing the Units,as well as a depiction of other improvements
as part of the Project are shown on the following signed and stamped engineering plans,
consisting of nineteen(19)sheets,entitled"Comprehensive Permit Site Development Plans
for Zero Prescott Residential Development, 0 Prescott Street(Assessor's Parcel ID 068.0-
0010-0000.0), Prescott Street&High Street,North Andover,MA 01845," dated October 21,
2025 (Rev. June 19,2026 unless otherwise shown),prepared by Civil Design Group, Inc.,
including sheets: 1--Cover Sheet; 2—Legend&Notes; 3—Site Demolition&Erosion
Control Plan; 4—Site Plan; 5—Grading&Drainage Plan; 6—Utility Plan; 7—Construction
Details; 8—Construction Details; 9—Construction Details; 10—Construction Details; 11 —
Construction Details; 12—Construction Details; 13—Locus Plan; 1 --ALTA/NSPS Title
Insurance Survey,dated January 14, 2024,prepared by GM2 Associates; 2--ALTA/NSPS
Title Insurance Survey,dated January 14, 2024,prepared by GM2 Associates; 3 --
ALTA/NSPS Title Insurance Survey, dated January 14,2024,prepared by GM2 Associates;4
--ALTA/NSPS Title Insurance Survey, dated January 14,2024,prepared by GM2
Associates; 5--ALTA/NSPS Title Insurance Survey, dated January 14, 2024,prepared by
GM2 Associates; and,6--ALTA/NSPS Title Insurance Survey, dated January 14,2024,
prepared by GM2 Associates. Collectively,the plans listed herein are hereinafter defined as
the"Civil Plans"unless otherwise described herein.
c. Landscaping and Lighting Plans. The Property landscaping and lighting are shown on the
following signed and stamped landscaping plans,consisting of four(4) sheets, entitled
"Comprehensive Permit Set,Zero Prescott, 0 Prescott Street,North Andover,MA 01845,"
dated February 5, 2026 (Rev. June 17,2026)unless otherwise shown,prepared by Verdant
Landscape Architecture,including sheets: L-0.0 Tree Protection Plan; 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."
Bk 18662 Pg220 #13852
Zero Prescott
0 Prescott Street
October 21, 2025 (Rev. July 14, 2026)
LIST OF WAIVERS
The Applicant requests the North Andover Zoning Board of Appeals ("Board" or"ZBA") approve the following specific waivers for Zero
'! Prescott, a 280-unit residential rental community ("Project"), as shown on the site development plans, consisting of nineteen (19) sheets,
entitled, "Zero Prescott, 0 Prescott Street, North Andover, MA" dated October 21, 2025 (Rev. June 19, 2026), prepared by Civil Design
Group, LLC (the "Civil Plans"), as amended and as revised within the public hearing; Architectural Drawings including floor plans, units plans,
elevations and sections, consisting of fourteen (14) sheets, entitled "Zero Prescott, 0 Prescott Street, North Andover, MA," dated October 21,
2025, Rev. June 19, 2026), prepared by The Architectural Team, Inc. as amended and as revised within the public hearing, submitted by the
Applicant (collectively, the "Site Plans"), from the following Town of North Andover Local Requirements and Regulations, as defined under
Section 56.02 of the Chapter 40B Regulations (760 CMR 56.00), and Town of North Andover Comprehensive Permit Rules and Regulations of
.f the Zoning Board of Appeals (March 13, 2001, Rev. 2006), in effect as of the date of the filing of the Comprehensive Permit Application with
the Town of North Andover Zoning Board of Appeals. To the extent that the Site Development Plans as approved by the Board's
Comprehensive Permit provide additional clarity as to the scope of the waivers granted as a part of the Comprehensive Permit Decision, the
Applicant requests that the Board deem waivers necessary to advance the approved Site Development Plans be deemed granted.
Portions of the Property are located within the Industrial S (I-S) and Residence 4 (R-4) underlying zoning districts, as well as the Downtown
Overlay District - Subdistrict A -- Historic Mill Area, as shown on a map entitled Town of North Andover Zoning Map, dated May 12, 1972, as
amended through the 2025 Annual Town Meeting adjourned on May 13, 2025 (collectively, the"Zoning Map") all as defined under § 195-3.2.
of the Town of North Andover Zoning By-Law, as amended through the 2025 Annual Town Meeting dissolved on May 13, 2025 as Chapter 195
of the Code of the Town of North Andover (the "Zoning Bylaw").
* Note 1; Pursuant to Chapter 40B Rules described under 760 CMR 56.05(7), "Zoning waivers are required solely from 'as-of right"
requirements of the zoning districts where the project site is located; there shall be no requirement to obtain waivers from the special permit
requirements of the district." Accordingly, any waivers which reference special permit requirements are included for informational purposes
i only.
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October 21, 2025 (Rev. July 14, 2026)
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1. Chapter 155 Sewer § 155-3.A. No person shall enter his drain into any Waiver granted to allow ZBA to issue
Sewers, § 155- Licenses House drain common sewer without a written license pursuant to the Comprehensive
3.A, connection license from the Board of Selectmen, Permit, subject to the technical
license and any person entering under such requirements of the Water & Sewer
license shall comply with such rules Division of the North Andover Department
and regulations as to material and of Public Works (DPW). There shall be no
construction as the Board of Selectmen waiver of the sewer service connection fee
may prescribe. Sewer service or sewer mitigation fee.
connection fee of $1000/unit, and
sewer mitigation fee of $3.20 per
gallon based on Title 5 design flow.
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October 21, 2025 (Rev. July 14, 2026)
Chapter 165. Stormwater § 165-4 and Required Planning Board Land Waiver granted to allow the ZBA to issue
Stormwater Management § 250-9. Land Disturbance Permit for land disturbance the Stormwater Permit pursuant to the
t Management and Disturbance of 43,560 square feet or more of land Comprehensive Permit, subject to the
Erosion Control Permit and except as provided under Chapters 165 Project complying with Chapter 165.
Bylaw, and other and 250, unless exempted or waived. Stormwater Management and Erosion
Chapter 2S0. requirements Includes requirements for stormwater Control Bylaw, and Chapter 250.
Stormwater management plan, fees, design & Stormwater Management and Erosion
Management and performance criteria, erosion & Control Regulations, including the following
'f Erosion Control sedimentation control plan, O & M plan, waivers; (a) §250-22 C. (4)(g) providing
I Regulations recordkeeping, inspection and that the general outline of existing
enforcement requirements. vegetation, wooded areas, significant
trees, unique species and tree clusters as
shown on the Approved Plans; (b) §250-22
C. (5)(b) requiring profiles of drainage
trunk lines where the Applicant has
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confirmed no conflict and which will
depicted on the plans to be filed with the
Project building permit; (c) § 250-23 E.
(22) requiring the sizing of drainage pipes
to accommodate the 25 year storm event
and provide calculations using the
Mannings Equation, given that peer review
engineer finds that the alternative
drainage plan approved by the NA DPW is
acceptable where installation of an 18-inch
pipe crossing High Street at the end of
Prescott Street from proposed DMH-6,
i then discharging via an existing 18-inch
{ drain line that increases to a 36-inch drain
line at DMH--3D on the AVB West Mill
property and then crosses through the
AVB West Mill property; and, (d) §250-23
E. (30) requiring all drainpipes to be RCP
'E as the use of high-density polyethylene Id
HDPE pipes is acceptable.
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October 21, 2025 (Rev. July 14, 2026)
3, Chapter 170. 170-3. Street No person shall make any excavation Waiver granted to allow ZBA to issue
Streets and Street Excavation or other substantial change in a Town Street Excavation Permit pursuant to the
Sidewalks excavation Permits way open to public travel without first Comprehensive Permit, but subject to
obtaining a permit therefor from the compliance with DPW street excavation
Director of Public Works. Such a requirements and State laws.
J permit shall be granted only upon a
written application therefor, which shall
contain such information as to the
proposed excavation change as the
Director of Public Works may require,
and the permit may contain any
reasonable requirements, including the
applicant's procurement of an adequate
performance bond assuring his
compliance with such requirements,
the amount of such bond to be set by
the Director of Public Works. In the
event that such excavation cannot be
completed within 12 hours, the
Director of Public Works shall forthwith
make all necessary repairs. The
applicant shall be responsible to the
Town for the incident expenses.
4. Chapter 170. § 170-4. Driveway No driveway or other means of access Waiver granted to allow ZBA to issue
Streets and Driveways Permits to privately owned property from any Driveway Permits pursuant to the
Sidewalks public way or any way maintained by Comprehensive Permit, but subject to
the Town or shown on an approved compliance with applicable DPW driveway
subdivision plan shall be constructed requirements.
unless a permit for its entry into said
way shall first have been issued by the
Director of Public Works.
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October 21, 2025 (Rev. July 14, 2026)
5. Chapter 175. §§ 175-2, Installation of No utility shall install or construct, Waiver granted to allow for the
Underground 175-3. new poles or except by way of replacement or installation, construction, replacement or
s Utilities overhead wires upgrading of existing facilities, any upgrading of any existing pole, overhead
prohibited. poles and overhead wires and wire, and other above ground utilities as
associated overhead structures upon, may be required by public utilities.
along or across any public way within
j the parts of the Town listed in § 175-3.
Any poles and overhead wires and
associated overhead structures
installed or constructed in violation of
this bylaw shall be immediately
removed by the utility responsible
therefor.
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October 21, 2025 (Rev. July 14, 2026)
6. ARTICLE 4. § 195-4.1. Permitted In the zoning districts ..., the following Waiver granted. Permit the Project uses
BUILDINGS AND Uses; designated buildings and alterations described below on the Property, and as
USES PERMITTED Accessory and extensions thereof and buildings provided in the Comprehensive Permit.
Part 1. District Uses. accessory thereto and the following
Use Regulations designated uses of land, buildings, or
§ 195-4.1. part thereof and uses accessory
General thereto are permitted. All other
Provisions. buildings and uses including accessory
uses are hereby expressly prohibited,
except uses which are similar in
character to the permitted uses shall
be treated as requiring a special
permit. No private or public way giving
access to a building or use or not
permitted in a residential district shall
be laid out or constructed so as to pass
through a residential district.
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October-21, 2025 (Rev. July 14, 2026)
ARTICLE 4. §§ 195-4.3., Permitted Residence 4 District and Industrial S Waiver granted to permit the Project
f 7. BUILDINGS AND Residence 4 Uses; Uses by District do not allow for multifamily uses as shown on the Site Development
USES PERMITTED District; Special Permit residence use and customary accessory Plans and as described within the
g Part 2. 195-4.16., uses; Downtown Overlay District Comprehensive Permit, consisting of a
f Residential Industrial S Subdistrict A allows multifamily total of 280 multifamily dwelling units
District Permitted District; and, dwellings up to 6 dwelling units, within the multifamily structures and
Uses; Part 4. Sub-district townhouses and mixed-use structures structured parking garage (as described
Industrial District A: Historic by right, and multifamily dwellings 7 or below), designed to vary in height from 4
Permitted Uses; Mill Area, more units, mixed-use structures for to 5 stories, along with accessory surface
and, ARTICLE 18. 195-18.9. uses allowed by special permit, public parking, and indoor space including a
E DOWNTOWN through 195-- garages, and any accessory use management/ leasing office, a
OVERLAY 18.20. customarily incident to any of the mail/package room, and amenity space
DISTRICT above permitted uses, provided that for uses which may include one or more
Part 1. General such use shall not be noxious or of the following, including: bike repair;
Provisions; Part dangerous to the neighborhood. fitness center; multipurpose community
2. Subdistrict A: space; and resident workspace; together
Historic Mill Area See Note 1 above. with outdoor common area spaces, as
well as other associated uses, including
without limitation, a dog wash/park,
courtyards, trail connections and other
structures, utilities, an on-Site
generator, utility transformers as may be
required by utility companies, children's
play area, recreational open space,
parking to serve the Project and other
existing reserved and shared parking
rights for the East Mill and West Mill
td
complex, driveway access, water, sewer,
electrical and stormwater management,
signs, earth movement to construct co
Project improvements, and other 0)
!E appurtenant uses and improvements
customarily incidental to such residential N
uses. Allow the use of a temporary b
construction/ marketing trailer(s)
commencing prior to construction N
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October 21, 2025 (Rev. July 14, 2026)
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commencement until Project construction
FT
completion.
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October 21, 2025 (Rev. Aly 14, 2026)
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ARTICLE 6. SIGNS §§ 195-6.1. Signs and Signs allowed with R-4, Industrial S, A waiver is granted from this Article in its
8. AND SIGN through 195- Lighting and Downtown Overlay District entirety to permit the Project signage
LIGHTING 6.7; § 195- Subdistrict A. Section 6.6.G. allows and lighting as shown on the Site
REGULATIONS 18.19. Industrial District wall signs up to a Development Plans with any/all intended
Sign Master total area not exceed 20% of the area signage to include the retention of the
Plan of the side of the building to which they existing High Street directory sign, along
are attached or 200 square feet, with one (1) ground-mounted monument
whichever is less, and I ground sign entry sign near the Project driveway
for each street on which the property entrance at the intersection with
fronts at a maximum of 100 s.f. per subdivision roadway off of High Street
sign, set back at least 40 feet to any identifying the Project and directing
property line and no more than 20 feet residents to its location (as depicted on a
in height. plan entitled "Existing Site Monument
(3) One ground sign, containing the Sign to Remain," dated June 30, 2026,
name or other identification of the use prepared by The Architectural Team,
on the property, for each street on Inc.) and the site signage will be
which the property fronts; each sign is landscaped and externally illuminated.
i limited to an area of 100 square feet. Signage shall also include entrance/
Such sign shall not be located closer canopy signs on building front entrances,
than 40 feet to any property line or 20 and above garage entrance, all as shown
feet above ground level. In addition to on Sheet A6.00 of the Site Development
the above, § 195-18.19. (Sign master Plans. Such signage is considered
plan) of the Downtown Overlay District placeholder signage with the final
Subdistrict A allows for the approval of wording (and numbering if required for
a sign master plan as a part of a E911 purposes), to be shown on the
Subdistrict A Special Permit, and upon Final Plans. Also allow (a) one
approval, signs may be installed, temporary non-illuminated construction
removed and replaced with the sign of no more than 64
P 9 square feet in
approval of the Building Inspector, size from the commencement until F.►
provided that such signage conforms to completion of construction; and (b) one e0
the signage plan approved in the temporary on-site sign pertaining to the
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definitive plan decision. See Note 1. advertisement of the lease of dwelling N
E units not-to-exceed 6 square feet and no b
portion of which is greater than 5 feet �q
above ground level which such N
temporary sign shall be removed no later N
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than within 1 week following the date of
the signing of the last lease, with
signage details included in the Final
Plans. Waiver granted to allow limited
light spillover from general site lighting
across the southerly lot boundary only in
A the areas depicted on the Lighting Plan,
Sheet L-3.0, of the Site Development
Plans.
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October-21, 2025 (Rev. July 14, 2026)
9. ARTICLE 7. §§ 195-7.1. Dimensional The Project Lot is bisected by both the All of the dimensional requirements
DIMENSIONAL through 195-- Requirements Industrial-S and R-4 Zoning Districts. under Article 7 and 195 Attachment 3,
REQUIREMENTS, 7.8.; 195 for R-4, The Lot is also entirely located within Town of North Andover Table 2:
195 Attachment Attachment Industrial S, the Downtown Overlay District— Summary Of Dimensional Requirements,
3, Town of North 3, Town of and Downtown Subdistrict A, all as described in the not otherwise shown on the Site
I Andover Table 2: North Overlay Zoning Bylaw. Development Plans as compliant are
Summary Of Andover District- waived and described in the
I Dimensional Table 2: Subdistrict A If the Project was proposed under the Comprehensive Permit and are more
! Requirements; Summary Of Zoning Bylaw, it would be proposed specifically depicted on Sheet 4 (Site
Article 18, Part II Dimensional under Article 18, Part 11, the Downtown Plan) of the Site Development Plans.
(Subdistrict A) Requirements Overlay District—Subdistrict A by
Special Permit. See Note 1 above.
i
1 For purposes of illustration, the Project's
compliance with the dimensional
requirements of the Downtown Overlay
District—Subdistrict A are described
below, as well as the underlying
Industrial S and R-4 Zoning Districts, are
illustrated below and subject to Condition
4 V.3 of the Comprehensive Permit.
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October 21, 2025 (Rev. July 14, 2026)
10. ARTICLE 7. §§ 195-7.1. Dimensional If the Project was proposed under the Pursuant to Chapter 40B Rules described
DIMENSIONAL through 195- Requirements Zoning Bylaw, it would be proposed under 760 CMR 56.05(7), "Zoning
REQUIREMENTS, 7.8.; 195 for R-4, under the Downtown Overlay District— waivers are required solely from "as-of-
195 Attachment Attachment Industrial S, Subdistrict A by Special Permit. right" requirements of the zoning
3, Town of North 3, Town of and Downtown See Note 1 above. districts where the project site is located;
Andover Table 2: North Overlay For purposes of illustration, the Project there shall be no requirement to obtain
summary Of Andover District- complies with the dimensional waivers from the special permit
Dimensional Table 2: Subdistrict A requirements of the Downtown Overlay requirements of the district."
Requirements Summary Of District—Subdistrict A except as Accordingly, since a project proposed
(Continued) Dimensional described and waived as follows: under Subdistrict A would require a
Requirements special permit, the requirements below
are provided for informational purposes
only.
DOT- Subdistrict A Required Waiver
Min. Setback (ft)
--Requires a 35-foot front, side and Waiver granted to allow for a setback of
rear yard setback when abutting a 17.5 Feet off Prescott Street where 35
residential district located outside of Feet is required. (The existing structure
Subdistrict A.t provides a front setback of 34.4 Feet
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from Prescott Street.)
--Height Max. (ft) 55 Feet2
By Special Waiver granted to allow for a maximum
Permit3 height no greater than S5 Feet, but see
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Note 1 as a building height of up to 55
Feet is allowed by special permit.
§ 195-18.16.(A)(2)(a)—"A 35 foot setback of a new building from the Subdistrict A boundary is required when the Subdistrict A lot line abuts a residential zoning N
district located outside Subdistrict A,subject to Subsection 18.16.13 below. The first 15 feet of the setback abutting the residential zoning district shall remain open and green,be 00
suitably landscaped,un-built upon,unpaved,and not parked upon." The proposed setback of 17.5 Feet is located closest to Prescott Street within the portion of the Lot within the
;t underlying R-4 Zoning District but is also located within the Downtown Overlay District--Subdistrict A which requires a 35 Foot setback when the Subdistrict A lot line abuts a N
residential zoning district located outside Subdistrict A as provided under§ 195-18.16.(A)(2)(a).
2§ 195-18.16.(B)(2)aa New buildings and structures shall be limited to 55 feet in building height by right where located within the underlying I-S District,or within 100
feet of the underlying 1-S Zoning District boundary by special permit;and where such buildings or structures are not located within the underlying I-S District or within 100 feet of N
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11. ARTICLE 7. §§ 195-7.1. Dimensional The Project complies with the Dimensional compliance is shown on
DIMENSIONAL through 195-- Requirements dimensional requirements of the I-S Sheet 4 (Site Plan) of the Site
REQUIREMENTS, 7.8.; 195 for R-4, Zoning District except as described and Development Plans and subject to
E 195 Attachment Attachment Industrial S, waived as follows: Condition V.3 of the Comprehensive
3, Town of North 3, Town of and Downtown Permit. Where it is not practicable to
Andover Table 2: North Overlay establish a dimension due to the
Summary Of Andover District- Property being split by the R-4 and I--S
Dimensional Table 2: Subdistrict A Districts, dimensions provided are based
Requirements Summary Of upon the entire lot where applicable and
Dimensional are noted with an asterisk (*) below.
(Continued) Requirements
I-S Required Waiver is granted to allow a 19.9 Foot
Front Yard Setback from Prescott Street
--Front Setback 30 Feet where 30 Feet is required.
--Floor Area Ratio (Max.) 0.50:1 Waiver is granted to allow a 1.57:1 FAR
where a FAR of 0.50:1 is required.*
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the underlying I-S Zoning District boundary,the height limit shall be 35 feet by right,and such building or structure having a building height in excess of 35 feet,but not more W
than 55 feet,shall be permitted only by special permit.
s '§ 195-7.4.Building height. Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated �t
zoning districts shall not apply to: ... co
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B.Nor shall they apply to chimneys,ventilators,skylights,tanks,bulkheads,penthouses,processing towers,roof-mounted solar collectors,and other accessory structural features
usually erected at a height greater than the main roofs of any buildings.However,no roof-mounted solar collector shall exceed two feet in height unless a waiver is granted by the N
Planning Board; b
C.Nor to domes,bell towers,or spires of churches or other buildings,provided all features are in no way used for living purposes;
D.And fiirther provided that no such structural feature of any non-manufacturing building shall exceed a height of 65 feet from the ground;..." N
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12. ARTICLE 7. §§ 195--7.1. Dimensional The Project complies with the Dimensional compliance is shown on
DIMENSIONAL through 195- Requirements dimensional requirements of the R-4 Sheet 4 (Site Plan) of the Site
REQUIREMENTS, 7.8.1 195 for R-4, Zoning District except as described and Development Plans and is subject to
195 Attachment Attachment Industrial S, waived as follows: Condition V.3 of the Comprehensive
3, Town of North 3, Town of and Downtown Permit.
Andover Table 2: North Overlay
Summary Of Andover District- R-4 Required
Dimensional Table 2: Subdistrict A
Requirements Summary Of
Dimensional Min. Setback (ft) Waiver is granted to allow a 17.5 Foot
(Continued) Requirements --Front & FN24 30 Feet Front Yard Setback off Prescott Street
where 30 Feet is required.
Waiver is granted to allow up to a 55
--Height Max. (ft) 35 Feet Foot building height where a maximum
building height of 35 Feet is allowed.
13. ARTICLE 7. § 195-7.3. Required yard § 195-7.3. Yards (setbacks). Waiver is granted, Yards comply with the
DIMENSIONAL Yards setbacks Minimum front, side and rear setbacks Zoning Bylaw except as waived above,
REQUIREMENTS shall be as set forth in Table 2... are subject to Condition V.3 of the
Buildings on corner lots shall have the Comprehensive Permit, and are as
required front setback from both depicted on the Site Development Plans.
streets, except in Residence 4 (R--4)
District, where the setback from the
side street shall be 20 feet minimum.
14. § 195-7.4. Maximum Maximum heights of buildings and The Project complies with Building Height
Building building height; structures shall be as set forth in Table requirements of the Zoning Bylaw except
height exceptions 2. as waived above, are subject to
Condition V.3 of the Comprehensive
Permit, and are as depicted on the Site co
Development Plans. Maximum building off ,
height shall not exceed 55 feet.
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FN 2--2.Adjacent to residential districts,an additional fifteen-foot side or rear setback shall be required.The first 15 feet of the total setback abutting the residential N l
district shall remain open and green,be suitably landscaped,un-built upon,unpaved and not parked upon.
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15. § 195-7.5 Maximum lot Maximum lot coverage by buildings The Project complies with Maximum Lot
Lot coverage coverage. shall be as forth in Table 2. "Lot Coverage requirements of the Zoning
coverage" shall mean the percent of Bylaw except as waived above, are
the lot covered by principal and subject to Condition V.3 of the s
accessory structures. Comprehensive Permit, and are as
depicted on the Site Development Plans.
Maximum Lot Coverage shall not exceed
34%.
16. § 195-7.6 Maximum FAR Maximum floor area ratio (FAR) shall The Project complies with Maximum FAR
Floor area be as set forth in Table 2.[1] "FAR" is requirements of the Zoning Bylaw except
ratio. the ratio between the total amount of as waived above, are subject to
building floor area on all usable floors Condition V.3 of the Comprehensive
and the area of the lot on which it is Permit, and are as depicted on the Site
located. Development Plans. Maximum FAR shall E
not exceed 1.57:1.
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October 21, 2025 (Rev. Aly 14, 2026)
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17. ARTICLE 8. §§ 195-8.1. Parking § 195-8.4, Off-street parking Waiver is granted to allow for a total of
SUPPLEMENTARY through 195- Requirements requirements, and Table of Off-Street 467 non-exclusive, shared parking r
REGULATIONS, B.S. Parking regulations require the spaces (or 1.667+ spaces/unit) on and
Part 1. Off-Street following spaces for multifamily units; off the Property, including 362 on-site
Parking and parking garage spaces and 100 on-site
Loading surface spaces on the Property, where a
total of 467 parking spaces are required,
1.25 sp/du for studio units subject to the provisions below.
1.5 sp/du for 1 BR units; and,
2.0 sp/du for 2 or more BR units. 39 studio DU @ 1.25/DU= 48.80 sp
12B 1 BR DU @ 1.5/DU= 192.00 sp
Note 7 to Table of Off-Street Parking 113 2 & 3 BR DU @ 2.0/DU= 226.00 sp
Regulations5 and § 195-18.18.B.(1) of Total Required Parking Spaces = 467 r:
the Downtown Overlay District -
Subdistrict A. Total Residential Spaces Provided =
467+ See Footnote 5 below.
Also allow for no less than a total of 467
non-exclusive shared parking spaces to E
be made available to the Project both on
and off the Property, and all on-Property
parking for the Project may be shared
with other users of the Mill Complex,
consistent with current parking practice.
Also allow for non-Project parking
previously approved for the Mill Complex
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under prior Planning Board special
permits (as described in the
Comprehensive Permit) to be shared F"
with Project parking, and such prior �
Planning Board special permits are N
hereby modified to allow for Project and
non-Project parking, including shared Kd
parking, on and near the Property so as LQ I
to allow the non-Project parkin to w
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lawfully continue to exist and to co-exist s.
with the Project parking uses, all as E
further described in Condition V.89 of the
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Comprehensive Permit. 1'
18. § 195-8.6. Location and Various location requirements for Waiver is granted to allow for parking
layout of parking in residential and non- location and layout as depicted on Sheet
parking residential districts which can be 4 (Site Plan) of the Site Development
facilities modified by special permit. See Note 1.. Plans, all as further described in
Condition V.88 and 89 of the
Comprehensive Permit.
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s Under Note 7.,Subparagraph A.,of§ 195-9.4.(Off-street parking requirements)states that"In appropriate circumstances,where the provision of adequate off-street `I
parking is not otherwise feasible,the Planning Board may include on-street parking within the determination of adequate parking arrangements for a particular use,particularly in bd
the so-called"Downtown Area,"which for the purposes of this Part 1 shall be defined as the following areas:(i)Main Street from Sutton Street to Merrimac Street,including 200
feet from Main Street on the following side streets:Waverly Road,First Street,Second Street,and School Street;(ii)Sutton Street from Main Street to Charles Street;(iii)Water
Street from Main Street to High Street;and,(iii)High Street from Water Street to Prescott Street." In addition to the discretionary parking provisions above,the Applicant has 00
also noted that it could also invoke the parking provisions of Section § 195-1S.18.B.(1)(Site and design standards)of the Downtown Overlay District Subdistrict A Zoning 0
0)
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 N
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 b
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§ N
195-18.18.B.(1). v
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19. § 195-8.8. Special permits Allows for parking special permits To the extent required, a waiver is
for parking under 195-8.8.D. for: Modification of granted to allow for parking as shown on
parking/loading area design standards Sheet 4 (Site Plan) of the Site
(D.2.); Parking on a separate Development Plans, all as further !.
lot/satellite parking (D.4.); Common described in Condition V.88 and 89 of the E'
parking areas and multiple-use Comprehensive Permit. See Note 1. s
facilities (D.5.); Reduction in parking
(D.7.); and, Modification of screening
and landscaping requirements for off-
street parking under Part 4. Screening
and Landscaping of Off-Street Parking
Areas for properties in Commercial and
Industrial Districts (§ 195-8.18.), and
t
is Residential districts (§ 19S-8.18.)
D.8.
20. ARTICLE 8 §§ 195-8.10. Site Plan Applicability, standards, procedures Waiver is granted in its entirety. To be
SUPPLEMENTARY through 195- Review and other requirements including a governed by Comprehensive Permit. See
REGULATIONS,. 8.17.8 Planning Board Special Permit for Site Note 1.
Plan review.
Part 3. Site Plan
Review
21. ARTICLE S. § 19S-8.18. § 195-8.18. Describes certain screening and Waiver is granted, with screening and E
SUPPLEMENTARY Commercial Commercial landscaping requirements for both landscaping as shown on the Site
REGULATIONS, and and Industrial industrial and residential districts, but Development Plans. See Note 1.
Part 4. Screening Industrial Districts, and does not address standards for a lot
and Landscaping Districts. § 195-8.20. split by an I-S and R-4 Zoning ,
of Off-Street Residential Districts.
Parking Areas districts.
Under § 195-8.8.D.(8), allows for the 00
modification of screening and rn
landscaping requirements for off-street N
parking by special permit. rd
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Zero Prescott
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October 21, 2025 (Rev. July 14, 2026)
22. ARTICLE S. §§ 195-8.95. Inclusionary Includes mandated set-aside, Waived in its entirety. To be governed
SUPPLEMENTARY through 195- Housing restrictions, terms and other by the affordability requirements and
REGULATIONS, 8.108 Requirements requirements for affordable housing restrictions on Chapter 40B and the
Part 13. within residential projects by Special Project subsidizing agency requirements,
Inclusionary Permit. as provided in the Comprehensive
Housing Permit. See Note 1.
Requirement
§ 195-10.2. Building The Building Inspector shall not issue Waived in part. Building Inspector retains
23. ARTICLE 14. permits any such permit unless the plans for authority to enforce the Zoning Bylaw
ADMINISTRATIO the building and the intended use but as modified by the Zoning Bylaw and
N thereof in all respects fulfill the other waivers granted and governed by
provisions of the North Andover Zoning the Comprehensive Permit.
Bylaw (and other applicable Town
by]aws ,
24. § 195-10.3. Certificate of No building or land changed from one
use and use to another, in whole or in part, Waived to allow occupancy permit to be
occupancy shall be occupied or used until a issued by the Building Commissioner but
certificate of use and occupancy has based upon compliance with the Mass. .
been issued by the Building Inspector. State Building Code and the terms of the
This certificate shall certify compliance Comprehensive Permit.
with the provisions of this bylaw and of
all applivable codes.
25. § 195-10.7. Special permits Applicability, criteria, and procedures To the extent required, Waiver its granted
for the issuance of special permits. but see Note 1.
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Zero Prescott
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October 21, 2025 (Rev. July 14, 2026)
26. § 195-10.10. Conflict of laws § 195-10.10. Conflict of laws. Waiver is granted. Building
In general, this zoning bylaw is Commissioner retains
supplementary to other North Andover authority to enforce the Zoning Bylaw,
bylaws affecting the use, height, area, General Bylaws, and other local
and location of buildings and structures requirements but as modified by the
and the use of premises. Where this waivers granted and governed by the
zoning bylaw imposes a greater Comprehensive Permit.
restriction upon the use, height, area,
and location of buildings and structures
and the use of premises than is
imposed by other bylaws, the
provisions of this zoning bylaw shall
control. t'
27. ARTICLE 18. §§ 195-18.9. Zoning Overlay § 195-18.13.B.(Permitted uses), of To the extent required, Waiver is granted
DOWNTOWN through § District Subdistrict A allows the following uses as Project uses, design and other criteria
OVERLAY 195-18.20 by special permit: (1) Multifamily to be governed by the Comprehensive
DISTRICT, Part 2. dwellings, seven or more units; Permit and Site Development Plans. See
Subdistrict A: (2) Mixed-use structures for uses Note 1.
Historic Mill Area allowed by special permit, and (15)
Any accessory use customarily incident
I!
to any of the above permitted uses,
provided that such use shall not be
noxious or dangerous to the
neighborhood. Subdistrict A also
includes other use, dimensional,
design, and procedural
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28. Sections 1.00 All Reference to State ZBA Rules cite to superseded Waiver granted to replace reference
through 7.00 Regulations Chapter 40B version of the Chapter 40B from
Regulations regulations at 760 CMR 31.00 et 76D CMR 31.00 et sec , to 760 CMR
seg. 56.00 et seg.
29. Section 3.01 3.01(i) Plan Size Requires all plans to be on sheets Waiver granted to allow for application
24" x 36" in size, at a scale of inch to the ZBA to be filed with total of
equals forty feet (I" = 40'). Detailed twenty-two (22) sets of plans at 11 x 17
areas may be at (1"= 20'). size, plus two (2) sets of 22" x 36"
plans with the ZBA, as directed by staff. f
Final plan requirements to be governed i
by the Comprehensive Permit.
30. Section 4.0 4.01 through Peer review Requires bid process through Waiver granted to allow ZBA to solicit
4.07 proposals and bids M.G.L. c. 30B. peer review through the Board's and
Planning Department's customary
radices.
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31. Town of North Andover Section 4 Restrictions for Altering No excavation or Waiver granted to allow the placement of any
Division of Public Works Newly Paved Public changes allowed in work within newly paved public
Policy & Procedures Ways roads which have ways, if necessary, but as further described
Pavement Moratorium been paved in the in Condition V.61 of the Comprehensive
Revised September 26, 201 past three (3) years. Permit.
Requests for a street
opening permit will
be denied during
this period except in
cases of
emergencies as
determined by the
DPW Director or his
designee.
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