HomeMy WebLinkAboutNHESP comment
January 30, 2024
Robert & Kristine Pelletier
295 Buck Island Road
West Yarmouth MA 02673
Yarmouth Conservation Commission
1146 Route 28
South Yarmouth MA 02664
RE: Applicant: Robert & Kristine Pelletier
Project Location: 295 Buck Island Road
Project Description: Walk In Closet Addition
NHESP Tracking No.: 24-12031
Dear Commissioners & Applicant:
The applicant listed above has submitted a Request for Determination of Applicability with site plans to
the Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries &
Wildlife (the “Division”), in compliance with the rare wildlife species section of the Massachusetts
Wetlands Protection Act Regulations (310 CMR 10.59).
MA WETLANDS PROTECTION ACT (WPA)
Based on a review of the information that was provided and the information that is currently contained
in our database, the Division has determined that this project, as currently proposed, will not adversely
affect the actual Resource Area Habitat of state-protected rare wildlife species. Please note that this
determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife
habitat issues that may be pertinent to the proposed project.
MA ENDANGERED SPECIES ACT (MESA)
Based on a review of the information that was provided, the Division has determined that this project,
as currently proposed, appears to be exempt from MESA review pursuant to 321 CMR 10.14 which
states: “[t]he following Projects and Activities shall be exempt from the requirements of 321 CMR 10.18
through 10.23…”
(5) construction or removal of structures that are secondary to the primary residence and located
within existing paved areas and lawfully developed and maintained lawns or landscaped areas on
residential properties, provided there is no expansion of such existing paved, lawn and
landscaped areas”
Any changes to the proposed project or any additional work beyond that provided may require a filing
with the Division pursuant to the MESA regulations.
NHESP No. 24-12031, Page 2
Please note that this determination addresses only the matter of state-listed species and their habitats.
If you have any questions about this letter, please contact Emily Holt, Endangered Species Review
Assistant, at emily.holt@mass.gov.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director