GENERAL REFERENCES
Elected officials other than Select Board — 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:
(b)
To be appointed:
(2)
By the Town Manager, subject to the approval of the Select Board:
a.
Town Clerk.
b.
Town Treasurer.
c.
Tax Collector.
d.
Board of Public Health.
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.
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 Select Board on financial Articles
and others upon which the Select Board wishes to make recommendations.
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(4.5)
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The recommendations of the School Committee on financial Articles
and others upon which the School Committee wishes to make recommendations.
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(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 Select Board, 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 Select Board 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:
(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.
