Select Board Considers Ballot Questions Regarding Andover’s Form of Government, Reviews Implications of State Housing Legislation, Sets Framework for Review of Select Board Policies

ANDOVER, MA – The Andover Select Board met on Monday, August 19 in the Select Board Meeting Room at Town Offices. The Board revisited the frequently discussed topic of Andover’s form of government, discussing and ultimately voting not to approve a resident petition to place a series of questions on the 2025 Town Election related to the topic. Additionally, the Board discussed the implications of the recently passed Affordable Homes Act, and specifically the law’s allowance for accessory dwelling units (ADUs) to be built as-of-right in single-family residential zones statewide.

The Board also took a significant step in advancing the Merrimack River Access Project by accepting necessary easements from Greater Lawrence Technical School. This project will connect a Town-owned parcel to River Road, allowing residents to launch boats, creating opportunities for recreation programs, and providing public safety operational benefits. Finally, the Board established parameters for the process by which it will approach updating the “Select Board Policy Guidelines” to ensure that the document is current and reflective of the core functions and processes of the Board.

Form of Government Ballot Question
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. The petition did not include a question about retaining Andover’’s current Open Town Meeting form of government. 
 
The topic of Andover’s form of government has been discussed frequently by the Select Board in recent months. Earlier this year, the Select Board supported an article for the Annual Town Meeting warrant that would have directed the Board to place an advisory question on the 2025 Annual Town Election ballot asking voters if Andover should retain Open Town Meeting. This article was disapproved by Town Meeting, as was a similar private warrant article.  

In discussing the latest petition regarding form of government, the Select Board noted that there is an ongoing effort by a group of residents to gather signatures for a charter commission. If the group succeeds in collecting 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. If approved, the commission would be required to follow a thorough process that is defined by Massachusetts General Laws. 

Given the statutory requirements that must be followed by a charter commission, it was the view of some members of the Select Board that the proposed non-binding ballot questions might prejudice any future charter commission process by asking voters for a form of government preference before a charter commission had studied options and facilitated a public conversation through which residents would educate themselves on those options.

After discussion of the petition, the Select Board voted 4-1 not to place the proposed questions on the 2025 Annual Town Election ballot.

Accessory Dwelling Units
Town Counsel Doug Heim recently provided an overview of the implications of the Affordable Homes Act, specifically in regards to accessory dwelling units (ADUs). The recently signed law allows ADUs to be built as-of-right in single-family residential zones statewide, superseding local authority and existing regulations on ADUs.

The law effectively amends Chapter 40A, the zoning law, to allow ADUs of up to 900 square feet (or half the square footage of the main house, whichever is less) to be built without special permits. This means that municipalities are not authorized to impose special permit requirements for ADUs that meet these criteria.

However, the law does leave some room for local regulation. Towns may be able to supplement existing zoning bylaws with site plan review guidelines to ensure that ADUs are constructed in a way that is consistent with the character of the surrounding neighborhood. The Town is currently awaiting additional guidelines from the Executive Office of Housing and Livable Communities Development (EOHED) to fully understand the implications of the Affordable Homes Act. 

Merrimack River Access Project 
The Select Board voted to accept easements from Greater Lawrence Technical School that are necessary to construct an access road and adjacent parking for the Merrimack River Access Project. 

The project seeks to connect a Town-owned parcel on the shore of the Merrimack to River Road by expanding an existing right-of-way, known as the Heffron Right-of-Way, which runs along the property of Greater Lawrence Technical High School. The current dirt pathway at the site will be widened and converted to gravel. A parking area will be added off of the roadway close to the river, and a turnaround area will be created at the ramp to enable boats to be dropped off by vehicles.

When completed, the project will allow residents to conveniently and safely launch boats on the river and will create opportunities for expansion Town-run recreation programs. Additionally, the project will create significant public safety advantages, allowing Andover Fire Rescue to permanently station a water rescue vessel at the site for the several instances per year that the Department responds to emergencies on the river.

The Select Board’s acceptance of easements marked an important step forward for the project. 

Select Board Policy Review Framework
The Board began the process of establishing a framework for the reviewing and updating of the “Select Board Policy Guidelines.” Town Counsel Doug Heim presented a potential framework for this process, describing the policy guidelines in their current form as a “voluminous set of documents that is loosely tethered together.”

According to Heim, the policy guidelines should ideally be reorganized into a library of documents in the form of a handbook that addresses the core processes and functions of the Board. To be most effective, Heim recommended that the document be limited to approximately 30 pages.

In order to begin the process of reviewing the document with the ultimate goal of developing a leaner and more up-to-date version, Heim suggested that the Legal Department conduct a thorough review with input from Town officials, and bring suggestions to the Board on sections that could be removed, consolidated, and updated. The Board expressed support of this approach.  

Town Manager Report
Town Manager Andrew Flanagan delivered a Town Manager report to the Board. Key highlights from the report include the following:

• The Permanent Town Building Advisory Committee was recognized for its contributions to the recently completed renovation of the third floor of Town Offices.
• The Lincoln Street Shared Use Path trial began on Monday, August 19. During this trial, a temporary shared use path was created using traffic delineators, and vehicle traffic is restricted to one way in the Southbound direction toward Shawsheen Road. More information is available online at: andoverma.gov/lincolnstreet.
• The Town is preparing to welcome students to the new West Elementary School on the first day of school later this month. A “dry run” will be held on August 26, during which students and their families will be welcomed into the school to find their classrooms and become familiar with the building. The community is invited to a ribbon cutting ceremony at the building on September 20 at 2:30 PM.
• The installation of the Argilla Road 20-inch water transmission line has been completed, which replaced an existing 8-inch line. The Argilla Road transmission line was one component of a phased effort to enhance capacity of our water distribution facility. The completion of this phase of the project will enable the Town to begin focusing on adjacent water service lines. 
• A new Wellness Committee comprised of employees from the Andover Independent Employee Association (AIEA) and management representatives held a kickoff meeting. The Committee was formed to identify employee wellness initiatives and to ensure that such initiatives are aligned with the priorities of the Town’s workforce.

Other Notes

• The Select Board issued a citation in recognition of Ruby Remati an Olympian from Andover who won a Silver Medal in the Paris Olympic Games as a member of the United States artistic swimming team.
• The Board issued a one-day liquor license to Marble Ridge Winery of North Andover to serve wine during the final Concert in The Park on August 21, sponsored by Andover Recreation. A temporary alteration of premises was also issued to Oak & Iron Brewing Co. to enable the business to host its annual Octoberfest event.   

The full meeting can be viewed online through AndoverTV.