Select Board Received Update on Regulating PFAS, Discusses Accessory Dwelling Units, and Votes to Approve Five-Year Contract with Town Manager

ANDOVER, MA – The Andover Select Board met on Monday, November 4 in the Select Board Conference Room at Town Offices. The meeting featured discussion on PFAS regulation, Accessory Dwelling units (ADUs), and the Town Manager’s new contract in connection with his reappointment to another five-year term. Town officials provided a presentation on PFAS chemicals in light of P&G/Gillette’s proposed expansion of its current manufacturing facility, emphasizing that emissions of these chemicals are primarily subject to state and federal regulations. The Board also reviewed the recently-signed Affordable Home Acts, which allows ADUs to be built by right in single-family zoning districts, and discussed the development of a Zoning Bylaw amendment to be presented to Town Meeting this spring that would establish reasonable regulations on ADUs in Andover. Following the Board’s vote to reappoint Town Manager Andrew Flanagan on October 23, the Board reviewed and voted to approve the terms of a new five-year contract for the Town Manager that were agreed to based on a comparative analysis of town manager compensation in peer communities. 

Other notable topics included a proposed change to the structure of the Commission on Diversity, Equity, and Inclusion, and a financial report on the first quarter of FY2025. 

PFAS Regulation
A panel of Town officials, including Deputy Town Manager Austin Simko, Town Counsel Doug Heim, Director of Public Works Christopher Cronin, and Director of Public Health Tom Carbone, made a presentation to the board regarding polyfluoroalkyl substances, or PFAS, and the Town’s ability to regulate these chemicals. The discussion was prompted by Procter & Gamble/Gillette’s proposed expansion in Andover, which has raised public concerns among some residents about the potential emission of PFAS at the site. 

Simko and Heim explained that while Gillette’s site is not in a drinking water protection area and does not discharge PFAS into local waterways, the expansion has triggered a non-major Air Quality Plan under MassDEP regulations. They emphasized that Gillette’s processes do not result in airborne emissions of regulated PFAS chemicals, although small amounts of unregulated PFAS may be present in volatile organic compound emissions.

The presentation also covered the regulatory framework at federal and state levels, noting that PFAS in drinking water, surface water, and hazardous materials are subject to stringent regulations. However, PFAS is not currently regulated under federal or state air pollution emission standards. The role of municipalities in regulating PFAS was discussed, with the conclusion that local regulation would likely be preempted by state law and would require significant resources and expertise beyond the Town’s current capacity.

Key takeaways included the preeminence of federal and state, and not local, regulations of PFAS, the Town’s ongoing efforts to protect drinking water, and the potential for the Town to engage with MassDEP and the Massachusetts legislature to advance state regulations. The Board was informed that no other Massachusetts community is currently regulating PFAS at the local level. It was also noted that changes in the future to State regulation of PFAS would apply to facilities in Andover prospectively. Accordingly, as regulators’ understanding of PFAS advances, so, too will the protection afforded by PFAS regulations.

The Board agreed to submit letters to MassDEP and the Town’s state legislative delegation advocating for greater regulation around airborne emissions of PFAS chemicals. 

Accessory Dwelling Units
Director of Planning & Land Use Paul Materazzo made a presentation to the Select Board about Accessory Dwelling Units, and specifically the impact of the recent Affordable Homes Act which allows ADUs to be built by right in single-family zoning districts across Massachusetts. ADUs are self-contained housing units located on the same lot as a principal dwelling, providing additional residential living spaces that accommodate sleeping, cooking, and sanitary facilities.

Materazzo explained that the new law aims to increase housing opportunities and options, particularly for seniors and individuals with medical needs or disabilities. ADUs offer a sustainable and economical housing alternative, utilizing existing land and infrastructure more efficiently than new single-family homes. The law also reduces permitting costs and uncertainties, making it easier for property owners to create these units.

The presentation outlined key requirements for ADUs, such as maintaining a separate entrance, being no larger than half the gross floor area of the principal dwelling or 900 square feet, and meeting other municipal restrictions like setback requirements and prohibitions on short-term rentals. Materazzo emphasized that municipalities cannot require special permit review, excessive parking requirements, or owner occupancy mandates for ADUs.

Materazzo also discussed the benefits of ADUs, including providing low-cost housing for relatives, offering long-term options for seniors, and generating additional rental income for property owners.

The new law allows municipalities to impose reasonable restrictions and requirements on the construction of ADUs. The Town intends to develop a Zoning Bylaw amendment for consideration by Town Meeting next spring. Reasonable restrictions that will likely be in the ADU bylaw include site plan review, Title V requirements, regulations concerning dimensional setbacks and the bult and height of structures, and prohibitions on short-term rentals. 

The Town intends to conduct extensive outreach to present the proposed Zoning Bylaw to the community before it is considered by Town Meeting. An initial public information session about ADUs was held on October 16. Similar events are expected to be announced in the coming weeks. 

Town Manager Contract
At its October 23^rd meeting, the Select Board voted to reappoint Town Manager Andrew Flanagan following an extensive review process. The Board also previously voted to negotiate a new five- year contract with the Town Manager. The terms of the contract were negotiated during an executive session of the Board held on October 29. The terms of the proposed contract were considered by the Board on Monday.

According to Select Board Chair Laura Gregory, the terms of contract were based on performance and market data on town manager compensation in comparable communities. Factors considered included total budget, population, form of government, complexity of the organization, as well as the Manager’s years of service. Among its peer communities, Andover has the second largest budget and second largest population. According to Gregory, the Town Manager will receive an annual salary of $262,000 under the new contract, which is consistent with comparative data for peer communities.

The Board voted to approve the contract by a 4-1 vote. The contract will take effect on July 1, 2025, and expires June 30, 2030. 

 Other Notes 

• Director of Equity and Engagement Jemma Lambert, and Commission on Diversity, Equity, and Inclusion Member Ben Hoerner, presented a proposed changed to the Commission’s structure to would expand its membership by adding ten associate members to the existing eleven regular members. The Select Board voted to approve this change.
• Town Accountant and Assistant Finance Director Hayley Green provided a financial report on receipts and expenses through Quarter 1 of FY2025. The report reflected that receipts and expenses are consistent with projections for FY2025 through the end of September 2024 in the general fund, water enterprise fund, and sewer enterprise fund. 

 The full meeting can be viewed online through AndoverTV. The next regular meeting of the Select Board is scheduled for November 18, 2024