Town Counsel Tom Urbelis told the Andover Select Board at its Nov. 21 meeting an Essex Superior Court dismissed a case filed against the Zoning Board of Appeals regarding AirBNB and other short-term rentals.
The town’s building inspector issued a cease-and-desist order after receiving a complaint about a homeowner offering short-term rentals, which are not allowed under Andover zoning laws. The Andover Zoning Board of Appeals upheld the building inspector’s decision, prompting the homeowners to file their lawsuit.
More meeting coverage on Andover News: Andover Property Taxes Going Up, But By How Much?
The dismissal, Urbelis said, effectively upholds Andover’s prohibition on short-term rentals like those offered through AirBNB.
No Debt Exclusion Vote For Proposed Capital Budget
Town Manager Andrew Flanagan (photo, above) presented his proposed capital improvement program and budget to the board and said he does not expect any of the items to require a debt exclusion vote.
State law requires an election for municipalities to raise taxes by more than 2.5 percent in any year. The board will formally accept the recommendations in the capital improvement plan next month.
The plan includes $24.5 million in spending for the next fiscal year beginning July 1, 2023 covers improvements and maintenance to town and school properties. The budget is based on the $34.2 million in requests from Town of Andover department heads.
The 2024 budget recommends borrowing $4.9 million, including $1.1 million for major school projects. Those projects including $600,000 for a turf field at Bancroft Elementary School and repairs and maintenance at Andover High School, South Elementary School and West Middle School. The remainder of the $4.9 million would go to replacing a fire engine and public works vehicles, improvements at town parks and playgrounds and improvements at West Fire Station, Old Town Hall and Memorial Hall Library.
Tax Exemption For Seniors
The board set the means tested senior tax exemption at 100 percent for the fiscal year beginning July 1, 2023.
It was the fourth straight year the board opted to give the full, 100 percent exemption. The exemption was originally approved by town meeting in 2018. The select board sets the exemption percentage each year. The exemption is offset by an increase in property taxes.
To be eligible, residents must have owned and occupied their Andover property as their domicile for at least 10 years, be 65 years of age as of Dec. 2022, and receive the Senior Circuit Breaker Income Tax Credit when filing the 2021 Massachusetts Income Tax Return. There is also an income limit of $74,000.
In the current fiscal year, 104 applicants qualified for the exemption. On averages, those applicants earned credits of $1,100.07 for a total cost of $1147,407.
Schedule Set For First 4 Months Of 2023
The select board approved its schedule of meetings through April. The board will meet on Jan. 9, Jan. 23, Feb. 13, Feb. 27, March 13, March 27, April 10 and April 24
In Other Business
- The select board held an executive session prior to the meeting to discuss legal strategy in a wrongful termination lawsuit filed against Flanagan by fired Andover Youth Services director William Fahey.
- No residents made comments during the public input portion of the meeting.
- The board approved the transfer of the liquor license for the pending sale of Driscoll’s Package Store. The sale still needs to be approved by the state. Select board Annie Gilbert recused herself from the public hearing.
- Received updates and presentations from the Punchard Free School Trustees, survey results from the Diversity, Equity and Inclusion director and the Andover Leadership Academy.
- The board accepted three additional recommendations from the Town Governance Study Committee, including sharing civics information via inserts in town mailings, require the town manager to present long-term fiscal forecasts to the select board, and require the town manager to update the board on improvements in the town’s business processes. The board had discussed the changes on Nov. 7 but asked for clarification before taking action.
- The board held a second executive session to close the meeting. The closed-door session was to discuss “potential litigation with the Department of Environmental Protection.”
Video of Nov. 21 Select Board Meeting From Andover TV
0:00:13: Call to Order/Vote to go into Executive Session
0:01:55: Resume public session/opening ceremonies
0:02:40: Communication/Announcements/Liaison Reports
0:06:17: Public hearing on liquor license transfer
0:13:12 Town Manager presents proposed capital improvement program
0:36:00: Presentation from Trustees of Punchard Free School
0:48:09: Updated from Diversity, Equity and Inclusion director (video cuts out at end of presentation and resumes at the start of the next item)
1:06:10: Presentation on Andover Leadership Academy
1:18:11: Means tested senior tax exemption
1:24:51: Town Governance
1:35:15: First reading of 2023 tax classification
1:56:11: Consent Agenda
1:56:47: Approve meeting schedule
1:57:55: Adjourn public meeting to go into executive session