Loading...
HomeMy WebLinkAbout2022-04-05 Recorded Decision WSP 1�- A.7•.1,-2,"S- IF f-,-1 3 4.- ;1- d.,' 1' 0 7 "ORT11 "c I,v E'rj Y Town of North Andover Office of the Planning Department 120 Main Street 21 "ArA j�North Andover,Massachusetts 01845 ACHUS NOTICE OF DECISION Watershed Special Permit This is certify that twenty(20)days have elapsed from date of derision Any appeal shall be filed without filing 0' n ap R e aawithin (20) days after the DatNCa w Warren date of riling this notice in Town Clerk the office of the Town Clerk. Date: April 5, 2022 Date of Hearings: March 15, 2022 and April 5,2022 Date of Decision: April 5, 2022 Petition of. The Trustees of Reservation,290 Argilla Road,Ipswich,MA 01938 Premises Affected- 0 Stevens Street,North Andover,Massachusetts,01845, Assessor's Map 36 Lot 8. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Chapter 195 Article 4, Part 5 Watershed Protection District Section 195-4.19(B) and 19S- 4.19(C)and Article 10 Section 195-10.7. So as to authorize barrens habitat management at Weir Hill to improve, maintain and expand habitat. Project includes canopy thinning and heavy mowing within the 60 acres of restored barrens and prescribed fire and invasive species control on all 80 acres of fire influenced barrens. Some of the,proposed work is within the Non-Discharge and Non-Disturbance Zones of the Watershed Protection District. The property is located within the Residential I and Residential 2 zoning districts. After a public hearing given on the above date, and upon a motion by P. Boynton and 2n' by J. Simons to APPROVE, the Watershed Special Permit,as amended and based upon the following conditions. Vote was 5-0 in favor of the application. Jean Enright On Behalf of the North Andover Planning Board Eitan Goldberg John Simons Peter Boynton Kelly Cormier Alissa Koenig ArftueCopy Town Clerk 0 Stevens Street Watershed Special Permit--barrens habitat management April 5,2022 The public hearing on the above referenced application was opened on Match 15 2022 and closed d by the North Andover Planning Board on April 5,2022, On April 5, 2022, upon a motion made by P. Boynton and second by J. Simons to GRANT a Watershed Special Permit to authorize barrens habitat management at Weir Hill to improve, maintain and expand habitat under the requirements of Article 4 Part 5 Section 195-4.19(B) and 195-4.19(C) and Article 10, Section 195-10.7 of the North Andover Zoning Bylaw. The Project includes canopy thinning and heavy mowing within the 60 acres of restored barrens and prescribed fire and invasive species control on all 80 acres of fire influenced barrens Some of the proposed work is within the Non-Discharge and Non- Disturbance Zones of the Watershed Protection District. The property is located within the Residential 1 and Residential 2 zoning districts. This Special Permit was requested by The Trustees of Reservation, (cfo Jeffrey Denoncour Coastal Ecologist), 290 Argilla Road, Ipswich, MA 01938 on February 10, 2022. The Applicant submitted a complete application, which was noticed and reviewed in accordance Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was X—X, unanimous, in favor. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The Applicant is hereby notified that should the Applicant disagree with this decision, the Applicant has the right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk, The Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1} That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The Project is located within an extremely environmental sensitive area and in close proximity to a wetland resource area that drains to Lake Cochichewick and the Lake itself. The final design reflects discussions between the Town and Applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. b) As required, a written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. (See letter from Tim Simmons, Simmons Stewardship and Conservation Ecology, dated January 21,2020). c) The application was ;reviewed by Town staff as evidenced by email communication from Amy Maxner, Conservation Administrator, dated February 28, 2022, email communication from Tim Willett, DPW Operations, dated February 15, 2022, and Lt. Bob Kilcoyne, NAFD, dated February 16,2022. d} The Conservation Commission granted an Order of Conditions for the proposed work on March 15, 2022 2 i 6 Stevens Street Watershed Special Permit—barrens habitat management April 5,2022 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge i Zones for any discharge,structure or activity as the entire parcel is located the Non-Discharge Zone, The natural landscape of Weir hill, and historic influences on the land, has defined the 80 acres of fire influenced barrens habitat at Weir Hill. This habitat footprint has influenced where restoration activities have taken place since 2006 and where the proposed expansion has been identified.. There are no reasonable alternatives to conduct work identified in the Project description and Operations and Maintenance plan outside the Non-Disturbance and/or Non-Discharge Buffer Zones. Additional land within the 80 acres of fire influenced habitat is either too steep to maintain, falls too close to Lake Cochichewick, or does not exhibit the necessary characteristics to support conservation goals. Furthermore, if management activities within the previously permitted 47-acre restoration area do not occur it will lose its conservation value and its ability to reduce the risk of catastrophic wildlife. 3) Evidence that all on-site operations including, but not limited to, construction, waste, water disposal, fertilizer applications and septic systems will not create concentrations of Nitrogen in groundwater, greater than the Federal limit at the down gradient property boundary has been assured. The Trustees follow best practices identified in Massachusetts Forestry Best Management Practices Manual. These best practices involve leaving filter strips (vegetated areas between cutting activities and waterbodies) that will filter groundwater nutrients. Restoration activities are intended to increase vegetative cover which will help improve the Sites' ability to filter nutrients from groundwater, limit surface flow, and reduce the risk of erosion. Furthermore, trees removed during canopy thinning will not be killed in the process and will be allowed to re-sprout the following growing season. This will preserve their ability to filter nitrogen. The Trustees will not be constructing structures,septic tanks,disposing of wastewater, or applying fertilizer. 4) Restoration history and scope:All prior restoration efforts,beginning in 2006, including canopy thinning, heavy mowing, prescribed fire, and invasive species control were approved by the Massachusetts Division of Fisheries and Wildlife, Massachusetts Department of Conservation and Recreation Service Forestry Program(DCR),and the North Andover Conservation and Planning Departments. a) Mechanical canopy thinning first occurred in 2006,and was repeated in 2014,and 2020. b) In 2017, a prescribed fire top killed sub canopy trees which mimicked the more natural canopy thinning occurring throughout Weir Hill's long fire history. c) Prescribed fire occurred four times since 2008,burning roughly 5-15 acres per burn. d) Roughly 5-20 acres of heavy mowing has occurred on an annual basis. 5) Additional restoration efforts and subsequent management will expand the most ecologically diverse components of the barrens community at Weir Hill and promote habitat for an array of species. This work will also reduce the future threat from catastrophic wildlife by reducing fire severity that may increase because of climate change and will continue a long partnership between the Trustees, North Andover Fire Department and DCR Forest Fire Control, to conduct both prescribed fire and wildfire management at Weir Hill. 6) Encouraging the most appropriate use of land: Project utilizes natural land to enhance its' ecological value(i.e.biodiversity,rare species protection), 7) Reducing the hazards from fire and other danger:. a) Weir Hill is a fire prone site that will burn again in the future. Implementing canopy thinning,heavy mowing and prescribed fire helps to manage fuel loads and reduces the risk of catastrophic fire. b) During canopy thinning and other habitat management activities that would pose a risk to the public, The Trustees will close portions of the property to prevent pedestrian traffic within proximity to 3 1 0 Stevens Street Watershed Special Permit—barrens habitat management April 5,2022 a habitat management activities. Closures will be implemented by either staffing,signage,and/or other modes of public messaging to indicate where and when portions of the property are closed. 8) Assisting in the economical provision of transportation,water,sewerage, schools,parks, and other public facilities: This Project will enhance the conservation value of Wok Hill for those who enjoy viewing wildlife, 9) Controlling the use of bodies of water,including watercourses: a) An existing trail has been maintained that runs along the edge of Lake Cochichewick. No cutting will occur south of this trail or int the 25 foot No Disturbance Zone, leaving a dense canopy and vegetated edge along the lake and the trail, b) The Trustees are currently working with the Town of North Andover to limit off trail use and waterfront foot traffic to reduce potentially harmful impacts to Lake Cochichewick. 10) Reducing the probability of losses resulting from flood: Proposed activities fail outside of FEMA National Flood Hazard areas. Habitat restoration will increase vegetative cover that will help reduce the risk of erosion. 11) Reserving and increasing the amenities of the Town: This project will enhance the conservation value and biodiversity on natural land in the Town of North Andover, In accordance with Section 195-10.7 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 12) The specific Site is an appropriate location for the proposed use as all feasible stormwater and erosion controls have been placed on the Site; 13) The use will not adversely affect the neighborhood; 14) There will be no nuisance or serious hazard to vehicles or pedestrians; IS) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 16) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. WAIVERS: The following Special Permit Requirements are waived due to the nature of the Project: 17) Map at a scale of one-inch equals 40 feet prepared by a registered professional engineer or surveyor showing: a) The annual mean high-water mark of Lake Cochichewick(if the edge of the wetland :resource area is within 400 feet of any proposed activity); b) The edge of all wetland resource areas,as confirmed by the Conservation Commission(if the annual high-water mark is within 400 feet of any proposed activity); c) The Conservation Zone; d) The Non-Disturbance Zone; e) The Non-Discharge Zone; f) The edge of vegetation clearing(edge of work). 4 i 1 ©Stevens Street Watershed Special Permit—barrens habitat management April 5,2022 E 18) Evidence that all on-site operations including, but not limited to, construction, wastewater disposal, fertilizer applications and septic systems will not create concentrations of Nitrogen in groundwater, greater than the Federal limit at the down gradient property boundary. 19) Projections of downgradient concentrations of nitrogen, phosphorus and other relevant chemicals at property boundaries and other locations deeded pertinent by the Special Permit Granting Authority. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 20) Permit Definitions: a) The"Locus"or"Site"refers to the 116 f i-acre parcel of land with frontage on Stevens Street as shown on Assessors Map 36,Parcel 8,and also known 0 Stevens Street and Weir Hill,North Andover, Massachusetts. b) The"Application"refers to the Watershed Special Permit Application and supplemental material, submitted by The Trustees of Reservation(c/o Jeffrey Denoncour Coastal Ecologist),dated February 10,2022. c) The"Project"refers to canopy thinning and heavy mowing within the 60 acres of restored barrens and proscribed fire and invasive species control on all 80 acres of fire influenced barrens. Some of the proposed work is within.the Non-Discharge and Non-Disturbance Zones of the Watershed Protection District. The property is located within the Residential 1 and Residential 2 zoning districts. d) The"Applicant"refers to The Trustee of Reservation, the Applicant for the Special Permit. e) The"Project Owner"refers to the person or entity bolding the fee interest to the title to the Locus from time to time, which can include but is not limited to the Applicant, developer,and owner. 21) The Town Planner shall approve any changes made to these Plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 22) Erosion or sedimentation of soils is not anticipated from performing the management activities and therefore erosion control devices are not specifically called out on approved plans. Notwithstanding,the Planning Department reserves the right to impose requirements on portions of this Project to mitigate any impacts which could result from Site erosion, or any noticeable degradation of surface water quality discharging from the Site. All additional erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the Planning Director and shall be installed within 48 ours of the Director's request. 23) Prior to commencement of Site work: a) A performance guarantee bond of two thousand dollars($2,000.00)made out to the Town of North Andover must be posted to ensure the completion of all conditions hereof. b) The Applicant will record this Notice of Decision at the North Essex Registry of Deeds and provide two copies of the recorded decision to the Planning Department. c) The Applicant shall submit to the Planning Department a detailed work schedule/sequence of construction. 24) Prior to release of the Performance Bond a) The Applicant must submit a letter from the Project ecologist stating that the 13 acres of habitat expansion through canopy thinning was completed substantially and complies with the scope of 5 6 Stevens Street Watershed Special Permit—barrens habitat management April 5,2022 work as presented in the application material referenced at the end of this decision as endorsed by the Planning Board. i b) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved Plan. c) Following site work to complete the 13-acre habitat expansion and release of The Performance Bond, The Trustees will implement routine habitat management including light canopy thinning and heavy mowing within the 60 acres of restored barrens and prescribed fire and invasive species control on all 80 acres of fire influenced barrens. Routine management will be conducted in accordance with application materials referenced at the end of this decision as endorsed by the Planning Board, specifically Appendix A. Routine Management(Operations and Maintenance Plan) and Resource Area Impact Mitigation, 25)No open burning shall be done except as is permitted under the Fire Department regulations. 26) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 27) The provisions of this conditional approval shall apply to and be binding upon the Applicant, it's employees and all successors and assigns in interest or control. 29) This Special Permit approval shall be deemed to have lapsed April 5, 2024 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 29) This decision must be filed with the North Essen Registry of Deeds. The following information is included as part of this decision: a) Application Materials: Watershed Special Permit Application: Weir Hill Barrens Habitat Management Project,North Andover,MA Request for Waiver of Certain Watershed Protection District Special Permit Requirements Letter fiom Tim Simmons, Simmons Stewardship and Conservation Ecology,dated January 2020 Letter from Eerose Schluter, Ph.D.,Assistant Director Division of Fisheries and Wildlife Abutters List Prescribed Fire Plan, prepared by Northeast Forest and Fire Mgmt., LLC, dated April 2020 The Trustees of Reservations: Weir Hill Barrens Habitat Management(13- acre restoration expansion before photos and example of habitat management) BioOne Complete: prescribed fire effects on water quality and freshwater ecosystems in moist-temperate Eastern North America The Trustees: Important Prescribed Fire Facts. and Background Information Appendix ,A.: Routine Management (Operations and Maintenance Plan)and Resource Area Impact Mitigation 6 0 Stevens Street Watershed Special Permit—barrens habitat management April 5,2022 cc: Project Engineer NAFD Applicant File i Appendix A. Routine Management(Operations and Maintenance Plan) and Resource Area Impact Mitigation As described in the project description, following the initial restoration phase of canopy thinning, routine maintenance will be critical to improving and maintaining the barrens habitat. Routine management activities in buffer zones will consist of light canopy thinning and heavy mowing (brush hogging) in the 60 acres of restored habitat and prescribed fire and invasive species control within the entire 80 acres of fire influenced barrens habitat. ® Since The Trustees began restoration efforts in 2006 there has been no erosion or wetland resource area unpacts because of restoration efforts. ® The Trustees have a regular presence at Weir Hill, especially during times when active management is occurring and will monitor for erosion and resource area impacts. If erosion or resource area impacts are discovered that are a direct result of habitat management activities, The Trustees will notify the Planning Department and Conservation Commission in writing and repair damage. The Trustees will maintain water bars on trails to prevent trail erosion. ® An existing trail has been maintained that runs along the edge of Lake Cochichewick.No cutting will occur south of this trail or in the 25ft NDZ, leaving a dense canopy and vegetated edge along the lake and the trail. The Trustees have been committed to the protection of this lake edge and in recent years we have installed and maintain split rail fencing, terraced steps, and revegetated areas to reduce erosion impacts to the lake edge and encourage visitors to remain on trail and prevent erosion cause by human and pet traffic. Light Canopy Thinning Following the initial canopy thinning to bring the canopy from roughly 80%cover to approximately 15% cover, additional thinning may be needed in the future. The need for additional thinning is a result of increased growth of remaining trees in response to added light. Selective removal or pruning of a few canopy trees may be needed to maintain a roughly 15-25% canopy cover, recommended for barrens habitat and associated wildlife. Future canopy thinning will be conducted using hand tools or tracked forestry equipment; Material will be either forwarded off site or dragged or chipped into multiple locations outside of the restoration area and wetland/watershed buffer zones. Forestry equipment will use existing soil and hard pack roads as a primary means to access cutting areas and transport logs off site, Forestry equipment will cross an intermittent stream and approximately 70 feet of wetland crossing mats will be deployed to reduce resource area impacts. No canopy thinning will occur within the 25ft No-Disturbance zone from any identified wetland resource area including 25ft within the Watershed Protection District buffer zones. • Canopy Thinning will follow best practices identified in the Forest Cutting Practices Act. I • Fueling of equipment will occur outside all Wetland and Watershed Protection District E buffer zones • Rutting or mounding caused by forestry equipment greater than 3"deep/high will be repaired to prevent water channeling. • Trees removed during canopy thinning will not be killed and allowed to resprout which will maintain root systems to help prevent erosion and water filtration. • Trees to be left uncut will be prioritized based on the largest and healthiest. • In order to prevent the spread of invasive species, all equipment entering the work site must be thoroughly cleaned of any soil or plant material. Heavy Mowing Heavy mowing is a critical tool for maintaining barrens habitat structure and to promote understory shrub and herbaceous growth to improve growing conditions for host and nectar plants for target species (e.g.,Baptisia tinctoria -the host plant for the frosted elfin). Without routine mowing the habitat will succeed into mature forest. • Heavy mowing will be conducted using forestry mowing decks attached to skid steers, tractors, or other tracked forestry mowers. • To promote biodiversity and the structure needed to support dependent wildlife it's important that not all the restoration area gets mowed annually. Mowing will follow a timeline where roughly 1/3 (20 acres) of the 60-acre restoration area gets mowed on an annual basis. This timeline would allow 3 seasons of re-growth between times of mowing. Mowing frequency may need to be adjusted in response to vegetation composition, for instance,mowing frequency may need to be increased if tree saplings are out competing shrubs and herbaceous plants, or, mowing frequency may be delayed to allow greater plant establishment in newly restored habitat. • Mowed vegetation is allowed to resprout the following growing season and species that were once outcompeted by shade will increase growth in response to added light. This will maintain root systems and increase vegetative cover to help prevent erosion and water filtration • No mowing will occur within the 25ft No-Disturbance zone of any wetland resource area which will include 25ft within the Watershed Protection District buffer zones. • Whenever possible mowing will occur during periods when conditions are dry, or when the ground is frozen. • Fueling of equipment will occur outside all Wetland and Watershed Protection District buffer zones. • Rutting or mounding caused by mowing equipment greater than 3"deep/high will be repaired to prevent water channeling. • In order to prevent the spread of invasive species, all equipment entering the work site must be thoroughly cleaned of any soil or plant material. i j j I s Prescribed fire Prescribed fire is an important tool for managing fuel loads,habitat structure, species composition and most importantly burning off the duff layer to allow seeds of target plant species to germinate in mineral soils. Weir Hill is a fire prone site that will burn again in the future and implementing prescribed fire helps to manage fuel loads and reduces the risk of catastrophic fire. It also serves as a training opportunity for both the local fire department and the MA Bureau of Fire Control and Forestry, to provide better control if wildfire were to occur at Weir Hill. Throughout the long history of fire at Weir Hill there has been no evidence of ash entering the watershed via run off. Prescribed fire must strictly follow a comprehensive burn plan developed for Weir Hill that was approved by regulatory agents. The burn,plan for Weir Hill has been included in this application. Please see burn plan for details. • Fire will be implemented at a frequency of 5-10 years per burn unit. All units are never burned at once and fires generally range from 5-15 acres in size. • Burn plans, which follow standards developed by the National Wildfire Coordinating Group and approved by regulatory agencies, are updated every 5 years. • The North Andover Fire Department must be notified and approve any prescribed fire. • The MA Bureau of Fire Control and Forestry participates in prescribed fire at Weir Hill • Air quality permits must be secured through the Department of Environmental Protection 'i. ! i i 6 Figure 6.Ma of Burn Units g � 1"he l-rustees Weir Hill-Reservation •Pr,"Orlbed Burn Plan ,Firebreak aril Unit M.ap. Clla, a. ,i Ao. ille. 8 a s u Aa. 1 a. 6A tegL'nftl 0 0:125 0:25 ti:5 min-, Trustees Prope : rty Htiiiai IFir6iibk,ry�'!artd�i;Gc�zs r .. Bum Units aa000d Stone Walls 1A'ate56urees ; . � . ;�• ti �. ��3agEng Areas k.• " � , �,,� ��to�e �t�:,,�• . 3Sitb Fieusd falfig3 asiausdsydednihre,Fa ykmng pr�mee m�ri'Jaaa�7}ATrrxts'v,flafFxCI.R.EYiG.',7ai:m3 Creg5ive;'!!,"�.4 tragiy;}iS�.M1.T.°R'�.-ketlapi?a G3RI k151LL� '.. i i { Invasive Species Management P � The presence of invasive species is minimal throughout the restoration area and 80 acres of fire influenced barrens at"Weir Hill, However, species including glossy buckthorn, bush honeysuckle, oriental bittersweet, :multiflora rose, garlic mustard, and Japanese knotweed are scattered throughout the restoration area in low numbers and are found within wetland resource areas. As capacity allows The Trustees will treat invasives using selective (foliar and cut and paint) herbicide treatment methods. Treatment will be conducted by Massachusetts-licensed pesticide applicators deploying small amounts of herbicide with backpack sprayers or sponge- based application wands (®Buckthorn Blasters) i • The Trustees will implement best practices (i.e., applying in appropriate weather)while implementing herbicide treatments to avoid excess herbicide use,non-target impacts and accidental spillage. • Foliar applications will be made using backpack or hand sprayers. • Cut stem(cut and paint) application will be implemented by cutting plants with hand tools and applying small amounts of herbicide to cut stumps. • Basal bark treatments will be made in winter months using products made for this type of treatment like® Pathfinder II, a triclopyr based product. Product will be applied with handheld sprayers, or sponges and applied to the bark of invasive plants. • Typical herbicides will consist of non-restricted products, containing herbicides like glyphosate and triclopyr. • Cut stem and basal bark methods are highly selective and reduce the amount of herbicide used. • In order to prevent the spread of invasive species, all equipment entering the work site must be thoroughly cleaned of any soil or plant material. • Mixing of herbicide will occur outside of all wetland and watershed buffer zones.