Why You Should Vote Yes on Zoning Amendments

Fix problems with current ordinances

By Paul Currier, Andover Planning Board

There will be four articles on the ballot this year that involve changes to the Andover Zoning Ordinance. Please vote yes on all four.

Article I will add provisions for “equitable waivers” into the Zoning Ordinance, allowing the Zoning Board of Adjustment (ZBA) to grant waivers in cases where a violation of the ordinance is found to exist, but the violation has either been there a long time or is the result of an unintentional, good-faith error. Legislation allows this type of waiver, and Andover should take advantage of this legislation.

Article II is a housekeeping item that transfers the authority to set ZBA application fees from the ZBA to the Board of Selectmen where the authority belongs.

And that brings us to the most important articles – Article III and Article IV. Together, these two articles will bring Andover’s building permit process up to date and in line with current state law. Article III will revise the building permit process, incorporating the entire process into the Zoning Ordinance. In the past, some of the building permit provisions were in the Zoning Ordinance and some were in the Building Ordinance.

Article IV will repeal the old, obsolete Building Ordinance. The parts of the old ordinance that are still needed and relevant are incorporated by Article III into the new process in the Zoning Ordinance.

People who need building permits will notice little change with the new process. “So,” you may ask, “why do we need to change the building permit process anyway?” There are a couple of very good reasons.

First, the changes will get Andover out of the business of attempting to administer and enforce the state building code. The way current state law is written, Andover can’t afford to do the job adequately, and the potential liability of an inadequate building code inspection process just would not be good for the town.

The old Building Ordinance was adopted long before there was a state building code, and now that state law requires following the International Building Code, it should be the state’s job to administer and enforce it. Andover just can’t afford to do it – we’d probably need a full-time building inspector, and the cost would be prohibitive.

Second, the changes will result in better administration and enforcement of the Zoning Ordinance, which is the appropriate function of our local building permit process now that building code matters are dealt with in state law.

So, please vote yes on all four articles that deal with changes to the Zoning Ordinance. The actual language for the changes to the Zoning Ordinance is in the Town Report at AndoverBeacon.com/Town-Report-2013, and you can also get a copy at the Town Office. If you have questions, I’d be glad to talk with you. You can call me at 735-5280, or send me an e-mail at PCurrier@nulltds.net.