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HomeMy WebLinkAboutNHESP comment 6.10.2025June 10, 2025 Nicholas S. Kasdon 423 Summer Street Lynnfield, MA 01940 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: Nicholas S. Kasdon Project Location: 1129 Great Island Road Project Description: Construction of a SFH, Guest House, Septic System, Driveway, Beach Access Stairs, Landscaping DEP Wetlands File No.: 083-2481 NHESP File No.: 25-19542 Heritage Hub Form ID: RC-94532 Dear Commissioners & Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans titled "Proposed Sewage Disposal System and Site Plan " (dated 5-7-2025, two sheets, prepared by Schofield Brothers of Cape Cod and Mary LeBlanc Landscape Design) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37). The Division also received the MESA Review Checklist and supporting documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18). The project, as currently proposed, includes the construction of a single-family home, guest house, driveway, septic system, drywells and beach access stairs, invasive species management, and installation of native plantings. The Division notes all plantings shall be native to Barnstable County, Massachusetts, as provided in The Vascular Plants of Massachusetts: A County Checklist, First Revision (Dow Cullina, Connolly, Sorrie & Somers, 2011) WETLANDS PROTECTION ACT (WPA) The purpose of the Division’s review of the proposed project under the WPA regulations for state-listed rare wetland wildlife is to determine whether the project will occur within the actual Resource Area Habitat and will result in short- or long-term adverse effects to the Resource Area Habitats. Based on a review of the information provided and the information that is currently contained in our database, the Division has determined that this project will not adversely affect the actual Resource Area Habitat of state-listed rare wildlife. Therefore, this project meets the state-listed rare wetland wildlife performance standards for the issuance of an Order of Conditions. This determination addresses only the matter of state-listed rare wetland NHESP No.Page 2 of 225-19542 June 10, 2025 Issued wildlife habitat. When filing for any Notice of Intent, Request for Determination of Applicability or associated renewal, extension, or amendment of the WPA Orders of Conditions, the Applicant shall contact the Division for written response regarding impacts to Resource Area Habitat of state-listed wildlife. A renewal, extension or amendment of an Order of Conditions does not renew, extend or amend the MESA authorization MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) The MESA is administered by the Division and prohibits the Take of state -listed species, which includes actions that “in reference to animals, means to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct, and in reference to plants, means to collect, pick, kill, transplant, cut or process or attempt to engage or to assist in any such conduct. Disruption of nesting, breeding, feeding or migratory activity may result from, but is not limited to, the modification, degradation or destruction of habitat of state-listed wildlife species” (321 CMR 10.02). The purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-listed species will result from the proposed project. 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 will not result in a prohibited Take of state-listed rare species. This determination is a final decision of the Division of Fisheries & Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project. The authorization for work is valid for 5 years from the date of issuance Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Emily Holt, Endangered Species Review Assistant, at Emily.Holt@mass.gov, (508) 389-6385. Sincerely, Jesse Leddick Assistant Director cc: