Tag: public administration

Andover voters approve MBTA zoning

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ANDOVER — Voters approved a zoning district on Tuesday that allows for the potential construction of up to 2,121 multifamily housing units.

Only a day after more than 900 voters turned out Monday for the first day of Town Meeting, the state-mandated district was approved 434-196.

To combat the housing crisis, the state passed a law in 2021 mandating that communities with MBTA transit stations or station located nearby create a zoning district that promotes the construction of multifamily housing, with the added requirement that 50% of the housing capacity must fall within a half mile of a transit station.

Creating zoning for the units does not necessarily mean they would be built. Developers would still need to meet regulations; the town would just have less discretion to deny projects, according to planning officials. The district, crafted over the last three years, spreads the density over three sections of town – downtown, Ballardvale and the area off River Road near Old River Road.

The proposed district was debated Tuesday night on the Town Meeting floor at Andover High School, but few voters lined up to oppose the measure.

“Andover is aging and we need good housing that makes it possible for young people to live in town,” she said.

Other residents were concerned about how the new zoning might change the town.

“I moved to Andover because it is not densely populated,” said Mike Tompkins. “Andover would not be the first town to vote against this overreach.”

The new district could be formally created relatively soon. The plan will now be sent to the state Attorney General’s Office, which has 90 days to approve the new zoning.

The section of the district off River Road has sparked some concern since there is little infrastructure there. The area is dominated by parking lots, corporate buildings, restaurants and a hotel.

“The river district aims to transform the area into a vibrant village-like feel,” said Jennifer Lemmerman, who chairs the volunteer group that drew up the district proposal.

The location is not within a half mile of a MBTA transit station for the commuter rail line, though it does have a bus stop.

The downtown zone would allow for up to 1,234 units with 119 in Ballardvale and 768 off River Road. The zone would allow for a unit density of up to 23.2 units per acre, with 17 units per acre for Ballardvale and 39 units per acre for the River Road area.

Select Board Chair Melissa Danisch said the district is a “measured and thoughtful response” to the state’s requirement.

“Reflects that fellow residents were listening,” she said.

Danisch also spoke of the millions of dollars in the grants the town could lose if it does not comply with the law.

State Sen. Barry Finegold, who received the opportunity to vote on MBTA zoning for the second time, also voiced his support.

“I did vote for this because it is the right thing to do,” he said. “It has become impossible to afford to come to this community.”

The proposed district has been well-received by officials. It would boost growth in town and pave the way for more private investment in infrastructure, they said.

Some residents have voiced concerns that having more people in town would put a greater strain on school services. School and planning officials have said that would not necessarily be the case with enrollment more heavily tied to turnover of current housing stock rather than the construction of new units.

The district would allow for up to 2,121 housing units – 90 more than previously allowed. Officials have said the state recommends a small buffer.

A map of the districts can be found at andoverma.gov/1069/Multifamily-Overlay-District.

A commuter rail line snakes through town and has stations in Ballardvale and the downtown.

The state law was met with a mixed response from community officials around the state. Not complying with the law could carry serious consequences.

In addition to the potential loss of grants, municipalities could also face legal action. Milton is being sued by the state after its residents chose to vote against a proposed district.

At Town Meeting, one resident advocated for only approving the district once the legality of the state requirement was settled through the lawsuit.

Andover had until the end of this year to approve the district or face consequences from the state.

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By Teddy Tauscher | ttauscher@eagletribune.com

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May 1, 2024
Teachers, others back suspended North Andover school superintendent

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NORTH ANDOVER — About 80 teachers and school advocates turned out at the School Committee meeting Thursday night with signs supporting School Superintendent Gregg Gilligan after he was placed on paid administrative leave Tuesday.

The teachers read statements and cheered each other on in the North Andover High School auditorium. The signs ranged from “We support Dr. Gilligan, Dr. Mealey, and the administrative team” to “S.O.S. Save Our Superintendent.”

“He has been a very good superintendent for us,” said Juliette Darmon, president of the North Andover Teachers Association. “He works collaboratively with the association.”

Gilligan was placed on paid administrative leave following an announcement at a Select Board meeting Monday that the school district is facing a projected deficit of $3,122,565, or about 6% of the district’s budget for fiscal 2024.

In explaining the deficit to the board Monday night, Gilligan said the district faced “some major hits” this year. They included increases in special education and homeless student transportation costs, a lack of elementary and secondary school emergency relief funding, and the need for 38 long-term teaching substitutes as of Monday.

On Tuesday, School Committee Chair Dave Brown suspended the superintendent.

“In my judgment, this was in the best interest of the district,” Brown said at the committee meeting Thursday. “This is me taking on the responsibility I was elected to do.”

The committee decided unanimously Thursday night to keep Gilligan on paid administrative leave to allow for an investigation of the deficit. No timeline was discussed.

Prior to the meeting Thursday, Brown asked Assistant Superintendent Pam Lathrop, an educator since 1989, to serve as acting superintendent. The committee approved.

“I never expected to be saying yes to this,” said Lathrop, who joined the district in July. “I wanted to be part of Dr. Gilligan’s administrative team … . In my short time that I’ve been here, I’ve seen incredible leaders do incredible work.”

Lathrop said she and the rest of the administration, including Gilligan, take full responsibility for the “mistake” that occurred. She told a story about how when Gilligan hired her, he told her that at any moment she may need to step up and that he trusted her to do so.

Two residents said during the public comment session Thursday that they voted “no confidence” in Gilligan, saying he was not transparent in financial matters for years and “not cut out to lead the district.”

Some teachers and staff members criticized the move, calling the administrative leave “reactionary and unnecessary” since Gilligan was unable to answer any questions prior to being put on administrative leave.

Gilligan has worked for North Andover Public Schools since 1998, serving as a teaching assistant, high school history teacher, principal of Thomson Elementary School and assistant superintendent. He accepted his current position in 2018 and his contract runs through 2026.

Three principals spoke on behalf of the district’s administration at the meeting Thursday, highlighting Gilligan’s impact on the community. They said Gilligan’s work has been “ignored or overlooked.”

“We believe this was a profound lapse of judgment,” said Joseph Clarke, principal of Franklin Elementary School, calling the move “calculated and cruel.”

“A School Committee couldn’t find a superintendent more invested in our community than Dr. Gilligan,” he said.

Darmon presented a letter, signed by the four former association presidents as well, to the committee on Thursday night to show the union’s support.

“We hope he gets reinstated as soon as possible,” Darmon said. “We feel this was completely uncalled for.”

Multiple teachers also spoke up during the public comment session prior to the superintendent discussion They called the $3 million deficit “not unique nor an anomaly.”

“It is evident from the information that Dr. Gilligan and Dr. Mealey presented to the (Select Board) that even the most careful planning could not have compensated for the unprecedented overtures this year,” according to a statement from the association read by many teachers.

“Rather than blaming our school leaders let’s take a look at where the responsibility might fall,” the statement said.

Kathleen Tanis, the association’s vice president, said the deficit was “bound to happen.”

“This is not a unique situation to North Andover. The fact is this is occurring in neighboring towns across the state of Massachusetts and the nation,” Tanis said. “Right now, we should be focused on keeping our administration in place to help steer us through these difficult times.”

Follow Monica on Twitter at @MonicaSager3

Follow Monica on Twitter at @MonicaSager3

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By Monica Sager | msager@eagletribune.com

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April 25, 2024
Toe photo doesn’t save motorist from parking fine

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NEWBURYPORT — When City Clerk Richard Jones recently received a photo of a man with a partially amputated left toe, little did he know it would open the door to a larger debate about how much the city fines motorists for illegally parking in a handicap-only spot.

On Jan. 1, the penalty for parking in a municipal handicap spot without a placard jumped to $300, up $100 from the previous year. The change was formalized roughly nine months ago after City Council approval.

Jones, who also also functions as the city’s parking clerk, said he recently received an email from a motorist upset about being hit with the $300 fine after illegally parking in a Pleasant Street handicap spot.

The unhappy motorist also sent along photos of his semi-missing toe in, what Jones said was, an attempt to justify his parking decision.

“It looks like he took the picture in the hospital, right after he had surgery,” Jones said. “I think he left the hospital thinking he could park in handicap spaces. But you can’t do that without a placard. The law is pretty clear.”

The city has roughly a half-dozen handicap parking spaces located on downtown streets, according to Jones, who added there is also one for every 25 spots in municipal parking lots.

“Parking is at such a premium in the downtown, when you put in a handicap parking space, it’s not used 24/7. So it takes a space off the grid,” Jones said.

The Registry of Motor Vehicles issues handicap parking placards and license plates, according to Jones, who added the state allows very little latitude when it comes to fighting violations. That left Jones in the unenviable position of having to stand his ground in terms of appeasing the annoyed motorist.

Ward 2 City Councilor Jennie Donahue, who also serves as the council’s liaison to the Commission on Disabilities, said she also heard about the man’s complaint and the photos.

According to Donahue, the motorist is arguing that he applied for a placard and should be allowed to park in a handicap spot while waiting for it.

But just because the man expects to receive a placard that doesn’t cover a current violation, she countered.

“The laws apply to everybody and there’s really no wiggle room to that,” she said. “You can’t really wave a fine if someone’s going to have a placard in the future.”

Jones added that many people try to illegally use the downtown handicap parking spaces as a pickup and drop-off location.

“If you talk to anyone who is truly handicapped, you will hear that’s not a valid excuse,” he said. “Because, if someone’s in that space, they don’t pull up and ask them to use it. They just drive on and don’t get a space.”

Donahue, who is blind, said there are a tremendous amount of misconceptions when it comes to handicap parking and many disabled people often don’t know if they are, or are not breaking the law.

“People need to understand that it is never OK to take that handicap spot without a permitted placard or plate. And, if you do, you’re going to be subject to a fine,” she said.

Jones said he has received plenty of complaints from people who have been hit with parking tickets, ever since the fine increase.

“It would be disingenuous for me not to say the new fee has increased complaints,” he said.

He also said he has heard rumblings from some that there may be a movement to kick the illegal handicap parking fines back down to $200.

“In my opinion, the $200 fine should be sufficient,” he said. “The $300 fine is shocking to some people. But, to be fair, there are a number of communities at $300 or even higher. But they tend to be near Boston.”

Donahue said she’s in favor of the $300 fine.

“Typically, you don’t go backwards when it comes to anything to do with the Americans with Disabilities Act,” she said.

With handicap parking abuse so common in the state, Donahue said more communities will be adopting larger fines to combat the problem.

“No one can really not bat an eye at $300,” she said. “But that’s the idea and people don’t pay attention to the signs. Then they feel entitled to a break.”

Donahue also said she could see a system put in place in the future that would allow the Commission on Disabilities to hear from people who believe they were unjustly fined and make a recommendation to the city clerk’s office after that.

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By Jim Sullivan | jsullivan@newburyportnews.com

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April 18, 2024
Advocates renew push for permanent remote meetings

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BOSTON — Good government advocates are renewing a push to make permanent pandemic-related rules temporarily authorizing remote meetings for local governing boards, but the move faces opposition from cities and towns which argue they shouldn’t be required to provide virtual participation.

On Monday a coalition of groups including the American Civil Liberties Union, Common Cause Massachusetts and the New England Newspaper & Press Association, urged lawmakers to act on a bill that would require cities and towns to provide options for officials and members of the public to attend meetings in person or remotely.

Temporary rules adopted during the height of the COVID-19 pandemic allowed local governing boards — as well as the state Legislature — to meet remotely to conduct business as part of broader efforts to reduce the spread of the virus.

Those emergency rules expired with the state’s public health emergency, but lawmakers extended the temporary law allowing remote local meetings and public participation. It’s set to expire next year.

“The countdown is on: If lawmakers don’t act this session, people with disabilities or other reasons they can’t attend meetings will be completely shut out when city councils, select boards, or school committees decide to hold meetings exclusively in person,” the groups wrote in a joint statement.

“Accessibility makes our democracy stronger, and we can’t afford to close the door on these perspectives and communities,” they said.

The proposal is one of several bills in the current session they call for making hybrid and remote meetings permanent.

Lawmakers are considering the changes as part of the so-called Municipal Empowerment Act, filed by Gov. Maura Healey in January.

The legislation, which is being considered by the Legislature’s Committee on Municipalities and Regional Government, would make permanent other pandemic-era policies like authorizing restaurants to offer outdoor dining and selling to-go cocktails with takeout food.

But the coalition is criticizing Healey’s proposal, saying it would give cities and towns the discretion to offer remote or hybrid meeting access but not require it, which “would surely limit the public’s ability to participate.”

“By contrast, the Legislature has embraced hybrid access for public hearings and other events, demonstrating the feasibility and importance of the coalition’s proposed reforms to the Open Meeting Law,” the groups said.

The move to make remote meetings permanent is backed by the Massachusetts Municipal Association, which argues that local governing boards in some cities and towns have not only adapted to remote meetings but found that they increase public participation. The group wants to extend the rules to town meetings and other local governing functions.

“There are a number of municipalities already successfully utilizing remote participation,” Adam Chapdelaine, the association’s executive director, said in recent testimony. “We strongly support changes for towns to have a permanent option to conduct remote town meetings, and that this authority also be extended to open town meeting communities.”

Communities want the flexibility to continue to offer remote access — but not be mandated to do so, according to Chapdelaine. There are more than 10,000 local governing boards in the state, ranging from city councils to planning and zoning boards. The decision to offer remote meetings is often based on public interest, access to technology, staff, space and other factors, he said.

“Each city and town has dozens of boards, councils and commissions which hold numerous meetings a year and often simultaneously,” Chapdelaine said.

“These municipalities continue to find the meeting mechanisms that work best for their residents, and making these flexibilities permanent will help ensure they continue to do so.”

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

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By Christian M. Wade | Statehouse Reporter

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April 3, 2024