Select Board Reviews Ten Warrant Articles in Anticipation of Annual Town Meeting

ANDOVER, MA – The Andover Select Board met on Monday, February 24, in the Select Board Conference Room at Town Offices. The Board continued the process of reviewing and issuing recommendations on warrant articles in anticipation of the Annual Town Meeting. The Board reviewed ten articles, voting to recommend approval of nine articles and continuing to a future meeting the discussion of an article pertaining to water restrictions. The majority of articles considered by the Board on Monday contemplate Zoning Bylaw amendments, including an amendment to create regulations of accessory dwelling units (ADUs). Other articles reviewed by the Select Board included a bylaw amendment related to water use restrictions and a resident-petitioned article proposing to increase the requirements for residents to call a Special Town Meeting.

 Warrant Article Review 
The Select Board continued the process of reviewing articles that will appear on the Annual Town Meeting warrant. Through this process, the Select Board reviews articles that will appear on the Town Meeting warrant and votes on whether to recommend approval or disapproval by Town Meeting. These recommendations are published in the Finance Committee Report, which is printed and mailed to all Andover households before Town Meeting. Annual Town Meeting will begin on Tuesday, April 29, at 7:00 PM and will be held at the Collins Center for the Performing Arts at Andover High School.

Accessory Dwelling Units
This article would amend the Zoning Bylaw to create new regulations related to accessory dwelling units (ADUs) in Andover. In 2024, state legislation was enacted allowing 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. This article would establish local regulations on ADUs allowable under the state law. Specifically, regulations include dimensional setbacks, compliance with Title V, prohibitions on short-term rentals, parking requirements, and requiring that applications for ADUs to undergo site plan review. These measures aim to balance compliance with the state law with local zoning preferences. 

Flood Overlay District
This article would authorize zoning amendments necessary for the Town to remain an eligible participant in the National Flood Insurance Program (NFIP). This is particularly important for property owners required to have flood insurance, as designated by the Flood Insurance Rate Map (FIRM), to secure and maintain coverage through the NFIP.

Zoning Districts, Medical Center Clinic and Indoor Recreation
This article would amend the Zoning Bylaw to expand the allowable uses in the ID Industrial Zoning District to include medical centers or clinics and indoor recreational facilities. The areas included in the ID zoning district are located off River Road, off Dascomb Road, along Andover Street, and at the intersection of Andover Street and Route 133. Examples of facilities that would become allowable under the proposed bylaw amendment include satellite hospital facilities offering outpatient treatment, indoor pickleball facilities, and indoor golf simulator facilities.

Special Use Regulations
This article proposes an incremental change to a Zoning Bylaw pertaining to motor vehicle service stations and car washes, which currently cannot have driveway access within 300 feet of the lot lines of private schools, libraries, churches, playgrounds, and certain other institutions. Under the current bylaw, a potential conflict may emerge as a result of the Dover Amendment, which allows schools, houses of worship, and family daycares to be built in industrial areas. As a result, motor vehicle service stations and car washes may be effectively zoned out of these areas. This article would address this conflict by allowing these facilities within 300 feet of the protected institutions provided that a finding is made by a special permit granting authority that there is no hazard to pedestrian safety.

Zoning Bylaw Amendment - Off Street Parking and Loading
This article seeks to amend the zoning bylaw to include design guidelines for landscaping and lighting in parking areas. The goal of this adjustment is to provide guidance to developers that aligns with the preferences of the community.

Zoning Bylaw Amendment - Landscaping, Buffering, and Lighting
This article complements the previous article and similarly seeks to clarify landscaping, buffering and lighting requirements in Office Park, Industrial Districts, Limited Service District, General, Business, and Mixed Use Districts.

Street Acceptance Fleming Ave 
This article would authorize the acceptance of a portion of Fleming Avenue as a public way. It is anticipated that the developer of the Fleming Avenue subdivision will complete all necessary conditions of the subdivision plan prior to the Annual Town Meeting. If this is the case, the article allows for the portion of the street to be accepted as a public way normally. If the conditions are not met, the article allows the Town Meeting to authorize the Town to take the required legal rights for the street, easements, and utilities.

Town Manager Appointments
This article updates the Town Bylaw to be consistent with a change to the Town Charter approved by Town Meeting in 2024 and subsequently approved by the state legislature and signed into law. The change limited the number of employees requiring Select Board approval  to the following positions: Deputy Town Manager, Police Chief, Fire Chief, Finance Director/Chief Financial Officer, Town Clerk, and Town Counsel. Previously, all positions appointed by the Town Manager required approval by the Select Board.
 
Water Restrictions
This article would amend Andover’s bylaw pertaining to water use restrictions to comply with the Massachusetts Water Management Act. The proposed bylaw is based on a model bylaw provided by the state to ensure municipal compliance with the Act. Under the amended bylaw, water supply conservation measures would be triggered by drought declarations made by the Secretary of the Executive Office of Energy and Environmental Affairs. The article also updates definitions and clarifies allowable water use at various levels of restriction.

Special Town Meeting Requirements 
This resident-petitioned article would change the requirements for residents to call a Special Town Meeting. Currently, under Massachusetts General Law, the Select Board must call a Special Town Meeting within 45 days upon receipt of a petition signed by at least 200 voters. This article would require at least 5 percent of registered voters to sign a petition in order for a Special Town Meeting to be called. It would also extend the deadline for the meeting to be held to 90 days. If approved by Town Meeting, this petition would subsequently need to be approved by the state legislature and signed by the Governor.

Other Actions 

• The Board voted to approve the addition of a fourth, high-definition AndoverTV channel on Verizon. The addition of a high-definition channel was a condition of the Town’s five year francise agreement with Verizon, which was executed in June. 
• The Select Board voted to approve the March 25 Annual Town Election warrant. While the Board previously approved the warrant, a subsequent adjustment was made relative to the seat on the Trustees of the Punchard Free School. No candidates submitted nomination papers to run for a one-year term as Trustee. The warrant approved by the Board on Monday will allow for a candidate to be elected to this position through write-in votes. 

 The full meeting can be viewed online through AndoverTV. The Board is scheduled to meet next on Monday, March 11.