Select Board Discusses Key Details of Transition to Automated Trash and Recycling Collection, Reviews Policy on Personal Wireless Service Facilities, and Receives Update on Court Ruling on MBTA Communities Law

ANDOVER, MA - The Andover Select Board met on Monday, January 14 in the Select Board Conference Room at the Town Offices. Much of the meeting was dedicated to discussion of automated collection of solid waste and recycling and anticipation of the Town’s transition to the new system on July 1, 2025. During this discussion, Town Manager Andrew Flanagan outlined a potential plan to allow residents to obtain additional trash and recycling carts beyond the one 64-gallon trash cart and 96-gallon recycling cart that will be issued to each household as the program goes into effect. The Board also discussed revisions to a section of the Select Board Policy Guidelines related to personal wireless service facilities, and received an update from Town Counsel Doug Heim on the implications of a recent Massachusetts Supreme Judicial Court ruling on the state’s MBTA Communities law.

Automated Trash Collection Update
Town Manager Andrew Flanagan and Director of Public Works Carlos Jaquez provided an update on the Town’s transition to automated trash and recycling collection. On December 16, the Select Board authorized the Town Manager to enter into a new five-year contract with Republic Services for trash and recycling collection and disposal services. 

The Town will transition to automated collection on July 1, 2025 as a condition of this new contract.  The new collection system will require all customers to use standardized, Town-issued trash and recycling carts. A 64-gallon trash toter, and a 96-gallon recycling toter, will be provided to residents.

During Monday’s meeting, Flanagan presented a potential plan for residents to obtain additional carts if they require addition capacity. Under this plan, residents would have the option to purchase one additional 64-gallon trash cart for a one-time fee of $75, and could request an additional 96-gallon recycling cart at no cost. Residents will have the option to obtain “overflow bags” for instances when they temporarily need additional capacity. 

Flanagan noted that two 64-gallon trash carts offer the same capacity as four standard trash barrels, which is the weekly household limit under the current system. Two 96-gallon recycling carts offer the same capacity of 11 standard recycling bins, effectively retaining unlimited recycling collection offered currently. 

Flanagan also provided information on how other comparable communities handle the allocation of additional carts. All of the examined comparable communities that provide curbside pickup either charge an initial fee or an annual fee to obtain an additional barrel, or charge a fee for households to participate in an overflow program. Costs in many towns significantly exceed the optional fees that are being proposed in Andover.

The Board will revisit and consider voting to approve the proposal on additional carts at its next meeting on January 27.

Select Board Policies
The Board continued the process of updating the Select Board Policy Guidelines. Attorney Alan D. Mandl presented an overview of a revised draft policy for personal wireless service facilities. The existing policy was approved by the Select Board in 2019, and establishes guidelines for the placement and construction of personal wireless facilities consistent with the standards of the Federal Telecommunications Act.  

Mandl outlined several key components of the draft policy, which include detailed procedures and standards for applications and review processes. These components are designed to promote compliance with state and federal standards, such as application completeness reviews, “shot clock intervals,” and written decisions. 

The revised policy aims to maximize local control over personal wireless service facilities siting while adhering to legal constraints. It covers wireless facilities located in public ways but does not extend to those on private property, which are subject to zoning laws. The policy includes provisions for peer review, post-construction compliance with FCC radiofrequency emissions regulations, annual certifications, and the removal of facilities no longer in use. 

Mandl highlighted the importance of the policy’s detailed approach, which is consistent with what many local governments have adopted. The policy’s development involved reviewing relevant state and federal statutes, case law, FCC orders, and municipal bylaws. 

MBTA Communities Law Update
Town Counsel Doug Heim provided the Select Board with an update on the Massachusetts Supreme Judicial Court’s (SJC) recent ruling in a case related to the MBTA Communities zoning law. The law was passed in 2021, and is intended to stimulate the creation of new housing units by requiring all communities served by the MBTA, including Andover, to create zoning district(s) in which multifamily housing is permitted “by right” (as opposed to through harder-to-obtain special permits). 

Last year, voters in the Town of Milton disapproved changes to Milton’s zoning bylaws that were designed to comply with the State law. The Massachusetts Attorney General then brought a suit against Milton to enforce the act. 

Last week, on January 8, the SJC issued a ruling in the case in which it upheld the law and determined that it was constitutional. However, the SJC found that subsequent guidelines promulgated by Executive Office of Housing and Livable Communities (EOHLC) were legally ineffective as the agency did not file notices and impact statements required under the Administrative Procedures Act. Following the ruling, Governor Maura Healey issued a statement that her administration would issue new emergency regulations pertaining to the MBTA Communities law.

At Town Meeting in April 2024, Andover approved the creation of zoning districts designed to comply with the MBTA Communities law known as the Andover Multifamily Overlay Districts (MOD). The MODs disperse the zoning changes required under the law across three districts: Downtown, Ballardvale, and the River Road corridor. The Town has subsequently completed all filings required by the state to achieve full compliance with the law. 

According to Town Counsel Doug Heim, the Town of Andover is in a strong position based on its prior adoption of a compliant zoning district. He does not anticipate that the emergency guidelines issued by the Healey administration, or any subsequent guidelines issued by EOHLC, will substantially change the requirements that Andover is subject to. According to Heim, it is unlikely that further action will be required by Town Meeting.  

 Other Notable Actions 

• During the Town Manager report, Andrew Flanagan announced that the Doherty Middle School renovation project has reached substantial completion. The projected significantly improves accessibility with a new elevator and stairway, and new programmable space. The fire suppression system was also replaced. 
• Flanagan noted several grants recently awarded to the Town of Andover. The Town participated in a regional partnership to obtain a $198,500 Efficiency and Regionalization Grant to expand the Merrimack River cleanup initiative. Director of Sustainability Joyce Losick-Yang secured a $76,430 Energy Efficiency and Conservation Block Grant to support home decarbonization efforts. Additionally, a $15,000 "Making it Public" grant was awarded to support public art initiatives.
• The Select Board voted to approve a meeting schedule for March and April, with meetings set for March 10, March 31, April 14, and before Town Meeting on April 29.

 The full meeting can be viewed online through AndoverTV. The Select Board is scheduled to meet next on Monday, January 27.