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Zoning Board of Appeals
2/14/2023 - 9 a.m. (Site Visit at 47 Rattlesnake Hill Rd, Z-23-2)
3/2/23 - 6:30 pm (Regular Monthly Meeting, The Hall at Memorial Hall Library, 2 N. Main St.) THE FILING DEADLINE FOR 3/2/23 IS 2/6/23
*Meeting dates & filing deadlines for the entire year can be found in the 'ZBA Filing Fees & Filing Deadlines 2023' under 'Resources' in the lower right side of this page.
Meetings are posted with the Town Clerk & online at least 48 hours in advance.
Please refer to the official public meeting notice for the date, time and location of each meeting, as they are subject to change.
- 1st Thursday of every month
- 6:30 p.m.
- Select Board Conference Room, 3rd Floor, Town Offices, 36 Bartlet Street, Andover*
- Date, Time and Location are subject to change
- Verify Public Meeting Notice posted online & at Town Clerk's Office
- View Archived ZBA Meeting Videos
MEETING PARTICIPATION GUIDELINES:
- You must state your name and address as part of the public hearing process.
- During a pubic hearing, the Chair will invite the public to ask questions, make comments & voice concern, opposition or support. If another member of the public has asked the same question or made the same comment, we respectfully request that you assist the ZBA in running an efficient meeting by refraining from repeating what has already been said.
- VIEW LIVE on Andover TV's live stream: https://andover.vod.castus.tv/vod/?live=ch3&nav=live
- Watch on Comcast Channel 22* or Verizon Channel 45*
- *Channels are subject to change based on the broadcasters' schedule. Please verify on the broadcasters' channel the night of the meeting for the most accurate information.
- Check Andover TV, Verizon & Comcast schedules for replay days & times
Agendas & Minutes
Agendas are available prior to the meetings. Minutes are available following approval.
View Most Recent Agendas and Minutes
Zoning Board Decisions
Per Mass. General Law Chapter 40A, Section 11, decisions are recorded at the Northern Essex Registry of Deeds and can be found here: Northern Essex Registry of Deeds
Members
Members are appointed by the Board of Selectmen to three-year terms. Five regular members and four associate members serve without pay.
About the Board
The Andover Zoning Board of Appeals is authorized to function under the General Laws of the Commonwealth of Massachusetts Chapters 40A and 40B, as well as the Andover Zoning Bylaw (Article VIII). The Board issues special permits, grants variances and comprehensive permits, and hears appeals from decisions of the Building Commissioner or other administrative officer.
Public hearings of the Board are held as the result of applications in the following areas:
- By a person aggrieved by the decision of the Building Inspector or other administrative officer (Massachusetts General Law, Chapter 40A, Section 13).
- For a Comprehensive Permit pursuant to M.G.L. Chapter 40B to construct affordable housing within the Town of Andover.
- For a special permit under the Zoning Bylaw.
- For a variance from the requirements of the Zoning Bylaw.
Prior to the public hearings, plans and drawings are reviewed, legal advertisements are published and abutters are notified as required by state law. The public hearings are conducted by the Chair in conformity with the Board of Appeals Rules and Regulations. The Board may conduct a site view when necessary. Following the hearings, a duly posted public deliberation meeting is conducted. During deliberation meetings, the Board discusses the petitions and, based on any site views and the evidence presented at the hearing, a vote is taken and a member volunteers to draft a decision. The draft decision is voted on at the following month's meeting, signed by the Chair and filed with the Town Clerk. Once the decision is filed with the Town Clerk, the statutory 20-day appeal period commences, the applicant / petitioner receives a copy of the decision and the abutters are notified of the decision. Following the conclusion of the appeal period, or any appeal, the decision is recorded at the Essex North Registry of Deeds.
- Can I get a zoning verification letter?
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Zoning Verification letters are ONLY issued for a business that is physically based in Andover (either in the business owner's home or a non-residential location in Andover). The zoning verification application is filed when a business seeks a d/b/a (doing business as) Business Certificate, prior to applying for the Business Certificate from the Town Clerk's Office.
The Zoning Verification letter is NOT used to verify the zoning district for any property in town, nor is it used as a means to determine whether or not there are any zoning code violations, site plans, zoning decisions, etc. In order to obtain copies of public records, please use the following procedure in order to submit public records request.
Please note that the zoning bylaw and zoning map on the town website are the official and most recent map and bylaw. You can use the zoning map to determine the zoning district.
See our online mapping tools here: https://andoverma.gov/709/Property-Lookup-Tools
View permits from 1996-present in our online permitting system, found here: https://andoverma.viewpointcloud.com/
Please read the Instructions for View Permit-Homeowner-Realtor (business) in order to create an account and search the database.
Once registered in the online permitting system, you can search by address to view permits issued for any address. IF there are any code violations, the address will be flagged in the system.
You can also view archive permits prior to 1996 at http://andoverma.gov/726/Permit-Archive-Index-1958-1995.
Zoning Board decisions are recorded at the Northern Essex Registry of Deeds.
- Do I need a certified plot plan?
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Yes, it is imperative. The majority of applications to appear before the Zoning Board deal with dimensional requirements as set forth in Section 4.1.2 (Table of Dimensional Requirements). Therefore, it is essential to submit a certified plot plan as required in No. 3 of the General Filing Requirements. Failure to submit an accurate and complete plan may disable the Board from granting appropriate relief.
- What are the setbacks for my zoning district?
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Generally, minimum setbacks and other dimensional restrictions can be found in Appendix A, Table 2, Section 4.1.2 (Table of Dimensional Requirements) of the Zoning By-Law. Setbacks are not quoted over the telephone because each lot/project is unique. Please bring a plot plan into the office, where we’ll be happy to answer your questions.
- Are fences subject to setback requirements?
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Only if the fence is to be erected on the intersection of streets is there a setback requirement, as set forth in Section 4.1.3.2.g of the Zoning By-Law.
- How long does the process take for a Zoning Board application?
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It takes approximately a minimum of 3 months from the time the application is filed with the Zoning Board to the end of the statutory appeal period (see explanation in General Filing Requirements of when the appeal period starts). MGL Chapter 40A allows the ZBA 100 days from the date of filing a petition for a variance and 90 days from the close of the public hearing for a special permit to file a written decision with the Town Clerk.
- When does the appeal period start/finish?
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The appeal period starts when the written decision is filed with the Town Clerk’s office. It does not start after the vote on the night of the hearing or at the deliberation meeting after site views (see No. 9 of the General Filing Requirements).
- Can I file for a building permit before the appeal period expires?
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You may apply for a building permit prior to the expiration of the appeal period. The Building Inspectors may review your permit application prior to the appeal period expiration. However, you will not be issued a building permit until after it expires.