Town of Andover, MA
Essex County
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GENERAL REFERENCES
Elected officials other than Board of Selectmen — See Charter, § 2.
Appointed officials — See Charter, § 3.
Town Clerk's fees — See Art. XI, § 6.
Andover members of Merrimack Valley Planning Commission — See Art. XII, § 23.
The Town shall have such officers, boards and committees as may be required by these by-laws or by general or special statute of the Commonwealth of Massachusetts and may have such officers, boards or committees as are permitted it under law.
(a) 
To be elected by the town's registered voters:
(1) 
Board of Selectmen.
(2) 
Moderator.
(3) 
School Committee.
(4) 
Elected Trustees of the Punchard Free School.
(5) 
Andover Housing Authority.
(6) 
Greater Lawrence Regional Vocational Technical High School District Committee.
(7) 
Trustees of Cornell Fund (at Town Meeting from the floor).
(b) 
To be appointed:
(1) 
By the Board of Selectmen:
a. 
Town Manager.
b. 
Zoning Board of Appeals.
c. 
[1]Officers and registrars of voters other than the Town Clerk.
[1]
Editor's Note: Former Subsection (b)(1)c, Planning Board of Appeals, was repealed 4-28-2003 ATM, Art. 22.
d. 
Town Accountant.
(2) 
By the Town Manager, subject to the approval of the Selectmen:
a. 
Town Clerk.
b. 
Town Treasurer.
c. 
Tax Collector.
d. 
Board of Public Health.
e. 
[2]Planning Board.
[2]
Editor's Note: Former Subsection (b)(2)e, Board of Public Welfare, was repealed 4-28-2003 ATM, Art. 23.
f. 
Board of Assessors.
g. 
Board of Library Trustees.
h. 
Town Counsel.
i. 
All other officers, boards, committees and employees of the Town except those reserved by these by-laws or by other law to another appointing or electing authority.
(3) 
By the Moderator:
a. 
Finance Committee.
b. 
Such officers, boards and committees as he may be directed to appoint by any applicable law, by-law or vote of the town.
The number of members comprising any board or committee, the term of office and that of all Town officers, the powers and duties of all such boards and committees and officers shall be such as are provided by general or special statute of the Commonwealth of Massachusetts or by these by-laws or vote of the town, and in the absence of such provision by the authority appointing the particular board or committee or officer.
(a) 
Finance Committee: At the Annual Town Meeting, the Moderator shall appoint nine registered voters of the Town to be members of the Finance Committee who shall hold office for three years, staggered terms, and until their successors are chosen. Upon the adoption of this by-law, the Town Moderator shall appoint three members for terms of three years, three members for terms of two years and three members for a term of one year and, each year thereafter, members to fill such terms as do expire. The Committee shall elect annually a member to serve as Chairman. The Finance Committee's duty shall be to investigate the cost of maintenance of the different departments of the Town and to recommend in detail the amounts to be appropriated for each department for the ensuing year. In order to obtain such information and conduct such investigation as it may consider necessary to the proper discharge of its duties, the Committee may cause to have brought before it by the Town Manager any of the town officials or books and papers held by such officials. The Finance Committee shall prepare and mail to each household in the town, at least 10 calendar days before the first scheduled business session of the Annual Town Meeting and at least seven calendar days before the first scheduled business session of a Special Town Meeting, a printed report which shall contain at least the following:
(1) 
The warrant for the Town Meeting.
(2) 
The recommendation(s) of the Finance Committee on all Articles which relate explicitly to the financial affairs of the town.
(3) 
A letter of transmittal which shall describe in appropriate terms the overall and more critical expenditure recommendations of the Committee, anticipated revenues from all sources and the probable tax rate for the town should the recommendations of the Committee be followed by the Annual Town Meeting for the current fiscal year and, for a Special Town Meeting, the impact on the current or following fiscal year.
(4) 
The recommendation(s) of the Board of Selectmen on financial Articles and others upon which the Board of Selectmen wishes to make recommendations.
(4.5)
The recommendations of the School Committee on financial Articles and others upon which the School Committee wishes to make recommendations.
(5) 
The report(s) and recommendation(s) of the Planning Board on those Articles requiring such action by the Planning Board.
(6) 
A brief and concise explanation of each Article where necessary or appropriate, including maps, drawings, graphs and/or photographs.
(7) 
A brief and concise explanation, not to exceed 150 words, provided by the petitioners of any privately sponsored financial Articles, if said petitioners so desire. The explanation shall be submitted at the same time as the warrant Article.
[Added 4-13-1993 ATM, Art. 44]
(b) 
Planning Board:
(1) 
Membership. The Planning Board shall consist of five members and one associate member, appointed by the Town Manager subject to the approval of the Board of Selectmen, to serve for terms of five years. One term shall expire each year, to be filled by appointment in the manner described above. Vacancies occurring in the Board shall be filled as provided in Chapter 41, Section 81-A, of the General Laws, as from time to time amended. The Board shall elect annually a Chairman and Clerk from its own number. No member of the Board shall represent before such Board any party in interest in any matter pending before it.
[Amended 4-10-1996 ATM, Art. 65]
(2) 
Duties and procedures. The duties of the Board shall be such as are stated in Chapter 41, Sections 81-A to 81-GG, of the General Laws, as from time to time appearing, and further to consider and advise upon municipal improvements either at the request of other officials of the town or upon its own initiative. It may consider, develop and maintain a Comprehensive Town Plan, including recommendations as to capital expenditure therefor, with special attention to main ways, land developments, zoning, playgrounds and parks, and sites for permanent school plants. The Board shall meet at regular intervals and may hold other meetings at such times as it deems fit. It shall at all times have access, for purposes within the scope of its duties and authority, to public documents or public information in the possession of any town official or department. It may incur expenses necessary to the carrying on of its work within the amount of its annual appropriation and may employ experts, clerical and other assistants.
(3) 
Advisory referral.
a. 
Intent. Advisory referral to the Planning Board of the matters listed below is intended to further the purposes of comprehensive town planning in Andover by advising the town on the relationship of proposed actions on such matters to the existing and future distribution and characteristics of population, to the existing and future systems of public facilities provided by various levels of government, to the expected patterns and volumes of traffic and to any other regulations, facts or proposals affecting the use of land.
b. 
Advisory referral with report required. The following matters shall be referred to the Planning Board in writing at least 30 days before final action is taken, and no final action shall be taken until either the Planning Board has reported to the Selectmen thereon in writing or 30 days have elapsed without such report:
1. 
Disposal of any municipally owned land, including tax-title land and land owned by municipal authorities.
2. 
Any plan for the construction, alteration, relocation or discontinuance of a public way.
3. 
Any offer by any public or semipublic body or by a public utility to convey to the town any rights to land.
4. 
Acquisition of land or the proposed use of municipally owned land for any municipal purpose or for the use of any municipal authority, including general location plans for the extension or relocation of municipal utilities.
5. 
Plans for the construction or rehabilitation of public buildings or for the rehabilitation of existing buildings for public purposes and for monuments or other similar features. The review may include building plans and plot plans, including the development and treatment of the grounds surrounding buildings.
c. 
Advisory referral for information, no report required. The following matters shall be referred to the Planning Board for information purposes: one copy of any technical study or report prepared for any agency or department of the town which involves:
1. 
Projection of the future numbers or characteristics of the population of the town.
2. 
Projection of the future volumes or characteristics of traffic in the town.
3. 
Projections of the future uses of land or similar matters related to the growth of the town.
4. 
Proposals for expenditures for new construction in excess of $100,000.
(4) 
Validation. Failure to comply with or defective compliance with Subsection (b)(3)b above shall not affect the legal validity or force of any of the matters therein stated if at any time the Planning Board in writing waives such noncompliance or defect.
[1]
Editor's Note: See also Charter, § 4, for certain provisions regarding membership, terms, powers, duties and responsibilities.
Except those officials listed below, any person elected or appointed to any office shall be eligible, during his term of office, for election or appointment to any other town office, board, commission or committee:
(a) 
Persons ineligible for multiple offices:
(1) 
Members of the Board of Selectmen.
(2) 
Members of the School Committee.
(3) 
Members of the Finance Committee.
(b) 
Town Accountant. The Town Accountant shall not be eligible to hold the office of Town Treasurer or Town Tax Collector.
[1]
Editor's Note: See also Charter, § 5, regarding multiple offices.