May 15, 2023

• Select Board votes to proceed with 2023 Fourth of July Fireworks Show;
• Receives updates on Town’s effort to evaluate pedestrian safety improvements at Elm Square intersection; and 
• Considers proposal to pursue funding through the MassWorks Infrastructure program for roadway and sidewalk improvements in the Essex Street Corridor.

ANDOVER, MA – The Town’s efforts to review pedestrian safety in the Elm Square intersection, planning around the 2023 Fourth of July Fireworks show, and a proposal to seek funding through the MassWorks Infrastructure Grant program were among the topics discussed as the Select Board gaveled-in on Monday, May 15 at the Robb Center’s Lifelong Learning Room. The meeting marked the Board’s first since Annual Town Meeting, and the first that Melissa Danisch presided over as Chair following the Board’s reorganization last month. 

Elm Square Pedestrian Safety   
During the announcement portion of the meeting, Town Manager Andrew Flanagan provided an update on the Town’s efforts to evaluate pedestrian safety enhancements in the Elm Square given the tragic accident that took place on Tuesday, May 9.

On May 1, Town Meeting approved funding for a comprehensive traffic study of the intersection. While this funding would not typically be available until July 1, the Town Manager authorized the work to begin immediately. The study will thoroughly examine traffic patterns, pedestrian movement, and existing signalization, and provide recommendations for safety enhancements in the intersection.  

Data collection has already been initiated by the Town’s consultant, TEC, which is the first step in the study. Flanagan emphasized that the study process will include multiple public input sessions, the first of which is likely to take place in mid-June.

Simultaneous to the Town-led study, the state’s Department of Transportation (MassDOT) will conduct a Road Safety Audit of the area. As Flanagan noted, this development is important as certain measures that the Town could seek to implement as a result of its study may require authorization from MassDOT. The agency’s proactive involvement may expedite state approval of signal changes or other traffic calming measures put forward by the Town. 

Flanagan described several other recent measures taken by the Town to improve safety on roadways, including providing funding in the FY 2024 budget to re-establish the Traffic Enforcement Unit within the Andover Police Department, the implementation of a townwide 25 mile per hour speed limit in thickly settled areas, and the adoption of a Complete Streets policy and prioritization plan. 

“Our commitment to pedestrian safety has never been greater, and its only been strengthened in the past week,” Flanagan said. “I think you’ll see that reflected in the weeks and months ahead.”

Police Chief Patrick Keefe provided a brief update on the ongoing investigation into the May 9 pedestrian fatality. According to Keefe, preliminary information has indicated that signalization in the intersection was working properly, the speed that the truck involved was traveling at was not a factor, and the truck did not experience a mechanical malfunction. Keefe noted that investigations of this nature tend to take a long time, and that further details will be announced by the Essex County District Attorney’s Office as they become available. 

Select Board Chair Melissa Danisch made a statement on behalf of the Select Board expressing condolences to the family of Sidney Olson, the victim in the tragic accident. The statement commended the Andover community for coming together and working towards positive outcomes in the wake of recent tragedies.  

Fourth of July Fireworks

At Annual Town Meeting, an amendment to the annual article appropriating funds for the Jerry Silverman Fireworks was approved requiring that fireworks purchased with the funds to be biodegradable and use eco-friendly packaging. The resident that filed the amendment cited concerns related to plastic debris being dispersed in the area around Andover High School, where the event is held. 

Given the limited window between Town Meeting and the Fireworks display, which takes place as part of the Town’s Fourth of July festivities, the amendment prompted concerns about the Town’s ability to proceed with the fireworks display this year while complying with the restriction.

Weighing the consequences of the amendment, the Select Board considered several options presented by Town Manager Andrew Flanagan, which included cancelling the show, hosting a scaled down version display that would use smaller shells and be confined to a smaller area, and proceeding with the originally planned show.

During the discussion, the Select Board heard from a representative from Pyrotecnico Fireworks, the Town’s vendor contracted for the event. The representative noted that in recent years, the company has used “double-shot” fireworks in Andover, which are intended to produce more exciting effects for spectators, but also contain small plastic pieces. Plastic used in more traditional fireworks is minimal, and is limited to a small capsule around the fuse to protect it from water damage. This material does not generally disperse beyond the immediate area from which the firework is launched.

The representative stated that these traditional fireworks are approximately 98 percent biodegradable and noted that future shows in Andover would strictly utilize this variety of firework due to the environmental concerns raised.   

Given this information, the Select Board voted to proceed with a full fireworks display this year, expressing the opinion that the exclusive use of traditional fireworks complies with the spirit of the amendment. Further, the Select Board noted that other options may be available for future fireworks celebrations given the time afforded for planning by the Town. As such, the Jerry Silverman Fireworks show will take place as anticipated on July 3 at Andover High School.

The Town’s firework vendor conducts a thorough sweep of the field from which fireworks are launched and the surrounding area immediately after the show. They also conduct a subsequent “first light” inspection of the area the following morning, removing any remaining debris identified. 

The Town Manager committed to making DPW crews available to remove debris from private residences in proximity to Andover High School in the event that debris is dispersed onto them during the event.  

Town Counsel Appointment Process

Last month, Tom Urbelis announced his intention to retire as Town Counsel in September, marking the culmination of more than three decades of service to the Town of Andover. The Town Counsel is the chief legal adviser to Town Meeting, the Select Board, Town Manager, and all Town Departments. 

Town Manager Andrew Flanagan explained to the Select Board that he intends to hire an in-house Town Counsel, rather than retaining an outside firm to fill the role. This option will be more cost efficient for the Town given the frequency with which Town departments rely on legal support and high rates charged by private firms.

The Town Counsel position will be posted by the week of May 22. As noted by Flanagan, the position is one of the most important in the organization, impacting virtually every Town function. Flanagan explained his intention to conduct a “robust, multi-layered process” in hiring a new Town Counsel given the significance of the role.

Flanagan further described plans to establish a legal department within the organization. In addition to the Town Counsel, the division will include a high-level administrative support position and a budget for outside counsel for support in specialized areas, including labor relations. The division is anticipated to have a total annual budget of approximately $375,000. Comparable, similarly sized communities spend an average of approximately $480,000 annually on legal services, according to an analysis conducted in developing the plan. 

Essex Street Corridor Mass Works Application

Director of Planning and Land Used Paul Materazzo made a presentation introducing the Town’s plan to pursue funding through the Commonwealth’s MassWorks Infrastructure Program for roadway and sidewalk improvements in the Essex Street Corridor.

MassWorks is a competitive grant program administered by the state’s Office of Housing and Economic Development that provides capital funding to municipalities for infrastructure projects that support housing production, private development, and job creation. 

The proposal that the Town intends to seek funding for aims to create a more pedestrian-friendly route through the “spine” of the Essex Street corridor, from the intersection of Essex Street and Red Spring Road up to the library. This would be achieved through the widening of sidewalks and the rationalization of challenging intersections, including the point where Railroad Street, Pearson Street, Essex Street and Dundee Park Drive converge. 

These infrastructure improvements would advance the Town’s longstanding priority of improving connectivity and walkability between the MBTA commuter rail station and Downtown Andover. The enhancements would also support the anticipated redevelopment of Old Town Yard by Minco Development, and a potential private development opportunity at the building that formerly housed Andolini’s restaurant, which is important to the viability of the Town’s application for MassWorks funding.

The plan outlined to the Select Board was developed based on public meetings conducted in 2018. If the Town receives a MassWorks grant and is able to move forward on the project, further public engagement will take place to ensure that the plan aligns with the community’s preferences. 

Other Actions

• The Board issued a proclamation declaring June to be Pride Month in Andover. 
• The final step in executing the Tax Increment Financing (TIF) agreement with Flagship Pioneering and Alexandria Real Estate Equities was taken as the Board voted to sign the agreement. The TIF was authorized during annual Town Meeting and will support Flagship’s plan to occupy and expand the former Philips Healthcare site at 3000 Minuteman Road. The agreement is anticipated to result in the creation of 600 new jobs in the life science field in Andover, along with a private investment of at least $325 million in the campus. The Town will grant incremental property tax relief of 70% annually over 20 years beginning in 2025.
• A consent agenda was approved that included six appointments by the Town Manager, including Genna Jacobs as Assistant Treasurer/Collector, and Jessica Chaplin as Human Resources Generalist – a position added in the FY2024 budget that is funded in part by the Health Insurance Trust and that will align the Town’s HR staff-to-employee ratio with the average among comparable communities. 
• A schedule for upcoming Board Meetings was approved. The Board is set to meet on June 5, June 12, July 11, July 17, and August 15. 

The full meeting can be streamed online through AndoverTV.  The Select Board’s next regular meeting is scheduled for Monday, June 5.