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HomeMy WebLinkAboutAnnual Report2-CONSERVATION 2007 Annual Report Conservation The Conservation Commission is comprised of seven (7) volunteer members who are appointed by the Board of Selectmen for three (3) year terms. In addition, the Conservation Department is staffed by an Administrator, an Associate, and a Departmental Assistant who are responsible for the issuance of permits and providing information and assistance to residents and developers regarding the Towns natural resources. The Conservation Commission administers the Wetlands Protection Act (M.G.L. C. 131 S. 40) and the Town of North Andover Wetlands Protection Bylaw and Regulations (C. 178 of the Code of North Andover). These state and local regulations help protect valuable natural resources including North Andover's lakes, rivers, ponds, marshes, swamps, lands subject to flooding, vegetated freshwater wetlands, riverfront areas, ephemeral pools, and ephemeral pool habitats. These wetland resource areas play an important role in the following public health and safety interests: 1. Protection of public and private water supplies; 2. Protection of Ground Water Supply; 3. Flood Control; 4. Storm Damage Prevention; 5. Prevention of Pollution; 6. Protection of Fisheries; 7. Protection of Wildlife &Wildlife Habitat; 8. Recreation; 9. Sedimentation and Erosion Control. In addition, wetlands provide a wealth of values to the public. Wetland benefits can be divided into three basic categories: fish and wildlife values, environmental quality values, and socio-economic values. Destruction or alteration of wetland resource areas eliminates or minimizes these important functions and values. For example, drainage of wetlands eliminates all the beneficial effects of the wetland on water quality and directly contributes to flooding problems. When wetlands are filled or their functions impaired, these benefits are lost and we all pay the price - in increased flooding and storm damage to streets and homes; more contamination of surface and groundwater and drinking water supplies; loss of wildlife habitat; and loss of valuable open space. Any construction (including, but not limited to, a permanent structure, addition, deck, patio, roadway, pool, driveway, public & private utilities, etc.) or alteration of land within 100 feet of any wetland resource area or within 200 feet of a perennial stream in North Andover requires public review and a permit from the Conservation Commission. The Conservation Commission and professional staff are required to examine the potential impacts any proposed activity may have on identified wetland resource areas. Meetings are held twice a month for the purpose of reviewing projects and holding public hearings. In the calendar year 2007, the Conservation Commission reviewed and permitted 9 Requests for Determination of Applicability's (RDA), 39 Notice of Intents (NOI), 6 Abbreviated Notices of Resource Area Delineations (ANRAD) and 7 Small Projects (61 total). In addition, numerous Modifications, Extension Permits and Certificates of Compliances were reviewed and issued. Some of the significant projects permitted in 2007 included The Lawrence Municipal Airport Vegetative Management Plan (VMP) allowing selective vegetative removal activities and associated maintenance to address FAA regulations regarding penetrations to navigable airspace and line-of-sight requirements, Berry Street/Turnpike Street ANRAD in which the site is currently under review for a 52 unit comprehensive permit proposal pursuant to the 40B statute by the Zoning Board of Appeals, a long term landscaping and maintenance activity project at 1600 Osgood Street, the construction of a convenience store and gas station at 1503 Osgood Street, and the Mosquito Brook Drainage Improvement Project. In addition to the tremendous efforts spent on the administrative permit review process, the Department conducts numerous inspections for building permit applications and for monitoring ongoing permitted projects. Enforcement action and issuance of fines, when appropriate, continue to be an active function of the Department. The Conservation Department, in efforts with the Board of Health and DPW also continue to coordinate efforts on beaver population and control, which cause damage to public and private properties and water supplies. The Department is also charged as active land managers of Town owned Open Space properties. However, with so much time required for wetlands regulatory responsibilities and permitting, planning and management of these valuable Open Space areas continues to be a challenge. The complexities and scope of responsibilities under state and local regulations have grown exponentially since the Conservation Commission Act was enacted in 1957. This growth is due to an increase in complex regulations and an increase in development pressures. The calendar year 2007 was a busy and productive year for the Conservation Department on many fronts, particularly in the arena of state and local regulatory revisions. These important regulatory revisions are described below. North Andover Wetlands Protection Bylaw Revisions At annual Town Meeting in June of 2006, the Town voted to adopt revisions to the Wetlands Protection Bylaw to include procedures governing small projects. North Andover Wetlands Protection Bylaw Regulatory Revisions Small Project Procedures As a result of the newly adopted Bylaw revisions, the Conservation Commission adopted ensuing small project regulations (Section 4.4). These regulation changes were discussed and adopted over the coarse of several public hearings and became effective on July 1, 2006. The intent of the small project revision was to alleviate the burden of time and cost expended by applicants for small project applications. Since the Conservation Commission accepted the small projects regulations, several sections within the regulations were found to need additional clarification or further review. Therefore, minor revisions have been made by the Conservation Commission to these specific sections. Application Checklists The Conservation Department revised all application checklists to reflect recent regulatory changes. In addition, a small projects checklist was created. Filing Fees The Conservation Commission voted to increase the fees associated with all filing applications after several public hearing discussions. Fees were increased to more adequately reflect the departments' effort required to review projects that have become increasingly more complex in similar fashion to the states increase for this same reason several years ago. The new fee schedule became effective August 1, 2006. The Massachusetts Endangered Species Act Regulations (321 CMR 10.00) (MESA) The Wetlands Protection Act and its regulations protect rare animal species by prohibiting alterations that would have short or long term adverse effects of rare wildlife species. The regulations require that proposed alterations to wetland habitats of rare wildlife be reviewed by the Natural Heritage and Endangered Species Program (NHESP). On July 1, 2005 a comprehensive set of regulatory improvements were created to The Massachusetts Endangered Species Act(Chapter 131A), which is administered by the NHESP. The new regulations clarify filing requirements and procedures, set timelines for agency response, establish filing fee, expand and add definitions, and formalize the appeal process for agency decisions. To screen for potential impacts to rare wildlife habitat, the NHESP has developed maps of designated Priority and Estimated habitats for all state listed species. Although the Wetlands Protection Act has jurisdiction of Estimated Habitat (wetland dependent habitat and a sub- set of Priority Habitat) and not Priority Habitat (upland dependent habitat), the Conservation Department is required to ensure that all proposed projects within both of these designated areas are properly reviewed by NHESP pursuant to the regulations. Since these revisions took effect on July 1, 2005, many projects submitted to the department for review have been affected by the recent changes when the updated Estimated and Priority Habitats Maps were issued in 2006, showing larger/new areas of habitat designation. For example, Boston Hill was determined to be home of the state listed Frosted Elfin Butterfly, an upland (non-wetland dependent) species of special concern. Therefore, the applicant was required to work with NHESP to create specific mitigation and protection measures to avoid a "taking" of the species. Wetlands Protection Act Regulatory Revisions/Policies ❖ Procedures for Coordinated Review Under the Endangered Species and Wetlands Protection Regulations for State-Listed Wildlife in Wetlands The Massachusetts Division of Fisheries and Wildlife's Natural Heritage and Endangered Species Program recent revision of its regulations pursuant to the Massachusetts Endangered Species Act has prompted the Department of Environmental Protection to coordinate the implementation of the revised regulations with state wetlands regulations. Trails and Open Space Local volunteers completed maintenance and improvements to several existing trail systems, specifically the Shawsheen River Trail and the Locust Trail at Mazurenko Farm, in 2006. In addition, several local boy scouts also completed trail improvement projects on open space properties. These maintenance and improvement activities were very much needed and the Conservation Department is grateful to these volunteers for their efforts. The Department will continue to work with local volunteers on other open space and trail improvement projects in 2007. Hunting Hunting continues to be an important and effective land management tool in the control of deer populations throughout the commonwealth. Hunting is generally allowed pursuant to state statute on Open Space properties within the Commonwealth unless otherwise prohibited. Some method of hunting is, and has been, allowed on many Open Space properties in North Andover. In 2006, citizens have come forward to the Conservation Department and the Conservation Commission with concerns on allowing hunting at some of the Open Space properties for safety reasons. Several public hearings were held in 2006 to address these concerns. Efforts for the upcoming year will be focused on continuing wetland and watershed protection, finalizing the updated Open Space and Recreation Plan for state approval, trail and open space improvement projects, GIS mapping of trails and open space, further website enhancement, and the creation of a Stormwater Bylaw and other Conservation related Bylaws and Policies to further protect North Andover's natural resources. Respectfully submitted, Albert P. Manzi, Jr., Chairman Scott Masse, Vice Chairman Joseph Lynch, Jr. John Mabon Deb Feltovic Sean McDonough Louis Napoli Alison McKay, Conservation Administrator Donna Wedge, Administrative Assistant