Select Board Discusses Resident Petition for Ballot Questions Related to Andover’s Form of Government

ANDOVER, MA – The Andover Select Board met on Monday, June 3 at the Andover Public School Administrative Offices. During the meeting, the Board considered and approved several applications related to public utility projects filed by National Grid and Eversource. Extensive discussion took place regarding a resident petition submitted to the Board requesting that a series of non-binding questions related to changing Andover’s form of government be placed on the 2025 Annual Town Election ballot. This topic was previously considered at length by the Select Board and presented to Town Meeting in April. No action was taken on the resident petition during Monday’s meeting; the Board intends to revisit the matter at a future meeting.

The Board also voted to approve the disposal of 592 units of surplus Town technology, and voted not to exercise the Town’s right of first refusal for an affordable housing unit at 6 Overlook Drive, thereby allowing the unit to be listed and sold to an eligible buyer. 

Utility Hearings
The Select Board considered a series of applications related to public utilities at various locations throughout Andover. Two applications submitted by National Grid were approved to relocate and remove poles on Webster Street. This work is necessary to support a new feeder that will come out of the substation on Webster Street to provide additional power to 3000 Minuteman Road to support anticipated development at the site. A third application submitted by National Grid was approved that will enable the installation of a feeder monitor across from the substation on River Road. Similar monitors are being added at all substations to produce data and insights that can be used by National Grid to ensure the reliability of power supply. 

The Board also approved an application by Eversource to relocate a gas regulator at the intersection of Wildwood Road and Route 125. The application will allow the regulator to be moved from a MassDOT right of way to a Town right of way, which is necessary due to traffic safety hazards posed to utility workers while servicing the equipment. During discussion of this application, it was noted that the site that the gas regulator will be moved to abuts AVIS property. An Eversource official assured the Board that the work is not expected to impact the AVIS property, including a historic stone wall on the site. 

Ballot Question Petition
The Select Board discussed a resident petition to place a series of non-binding questions related to Andover’s form of government on the 2025 Annual Town Election ballot. The proposed questions would ask voters if they support adopting representative town meeting, a city council with an appointed manager, or a city council with an elected mayor. Under State law, the Select Board has discretion on whether the questions should be placed on the ballot. If the Select Board chooses not to place these questions on the local election ballot, the petitioner would have to gather signatures from 10 percent of the Town’s registered voters to place the questions on the ballot.

At the beginning of this year, in response to an article approved during the November 20, 2023 Special Town Meeting, the Select Board held extensive discussions about placing a question or a series of questions on a Town Election ballot. That Special Town Meeting article was approved by Town Meeting. However the action was strictly advisory, as a vote at Special Town Meeting is not among the legally permissible vehicles for placing non-binding questions on a local ballot, per Chapter 53 Section 18A of Massachusetts General Law. Further, in the form that it was presented at Special Town Meeting, the proposed ballot question was defective in how it was drafted, per guidance from the State Elections Division.

Through those discussions, the Select Board decided to place an article on the Annual Town Meeting warrant that would have directed the Board to place an advisory on the 2025 Annual Town Election ballot. This article was disapproved by Town Meeting, as was a similar private warrant article. 

In discussing the latest petition on this topic, members of the Board suggested that if they decided to approve the petition and place the series of questions on the Annual Town Election ballot, an additional question might be added asking voters if they support retaining open town meeting.

The Select Board noted that there is also an ongoing effort by a group of residents to gather signatures for a charter commission. If the group is able to collect signatures from 15 percent of the Town’s registered voters, questions would be placed on the Annual Town Election ballot asking voters if they support the creation of the commission. The same ballot would include candidates to serve on the charter commission. If the initial question is approved, the nine candidates receiving the most votes would be elected to serve on the charter commission. It is not certain if the ongoing effort to pursue a charter commission will be successful, but members of the Select Board considered how the ballot questions surrounding a charter commission would interact with and be impacted by the ballot questions proposed through the resident petition. 

Ultimately, following extensive discussion, the Board determined that it was not prepared to act on the petition, and resolved to revisit the topic at a future meeting. 

Other Notes

• The Select Board adopted a proclamation recognizing June as Pride Month in the Town of Andover.
• The Select Board authorized a request to dispose of 592 units of surplus technology. This annual process is led by the Town’s IT Department in coordination with the Purchasing Division. Most of the devices being disposed of were determined to be non-operational, and 85 percent of them were purchased prior to 2018. The surplus technology will now be auctioned off. 
• The Select Board voted to waive its right of first refusal for an affordable housing unit at 6 Overlook Drive. As such, the unit will be listed for sale for $364,000. Eligible applicants must earn less than 120% of the area median income (AMI), and at least one household member must be 62 or older. If there is more than one applicant, there will be a lottery for the property. 
• The Board did not act on a license request by Massachusetts Electric Co. to install “pushbraces” on utility poles at 86 North Street. The utility company will be invited to a future meeting of the Select Board to provide additional information about the request. 

 
The full meeting can be viewed online through AndoverTV. The Board is scheduled to meet next on June 17, 2024.