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HomeMy WebLinkAboutNHESP conditions 12.18.2025December 18, 2025 James Igoe 40 Skeehan Street Somerville, Massachusetts 02143 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: James Igoe Project Location: 21 Heritage Dr, West Yarmouth (Barnstable Registry of Deeds Certificate #224062) Project Description: Single family home DEP Wetlands File No.: 083-2506 NHESP File No.: 25-19935 Heritage Hub Form ID: RC-96409 Dear Commissioners and Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent 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). PROJECT DESCRIPTION (the “Project”) The project, as currently proposed, includes the construction of a single-family house with associated septic as shown on the Project Plan. The Division has determined that this Project, as currently proposed, will occur within the actual habitat of the following species: Scientific Name Common Name Taxonomic Group State Status ThreatenedAmphibianEastern SpadefootScaphiopus holbrookii This species and their habitats are protected in accordance with the rare species provisions of the WPA and the MESA. Wetlands Protection Act (WPA) NHESP No.25-19935 Page 2 of 3December 18, 2025 Issued 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. Therefore, it is our opinion that this project meets the state-listed species performance standard for the issuance of an Order of Conditions. 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. Massachusetts Endangered Species Act (MESA) The MESA is administered by the Division, and prohibits the Take of state-listed species. The Take of state-listed species is defined as “in reference to animals…harm…kill…disrupt the nesting, breeding, feeding or migratory activity…and in reference to plants…collect, pick, kill, transplant, cut or process…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 species (321 CMR 10.02). Based on the information provided and the information contained in our database, the Division finds that this project, as currently proposed, must be conditioned to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the conditions attached to this letter must be met. Provided the attached conditions are fully implemented and there are no changes to the project plans, this project will not result in a Take of state-listed species. We note that all work is subject to the anti-segmentation provisions (321 CMR 10.16) of the MESA. This determination is a final decision of the Division of Fisheries and 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. 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 Melany Cheeseman, Endangered Species Review Assistant, at Melany.Cheeseman@mass.gov, (508) 389-6357. Sincerely, Jesse Leddick Assistant Director cc: Attachment: List of Conditions NHESP No.25-19935 Page 3 of 3December 18, 2025 Issued List of Conditions Applicant: James Igoe Project Location: 21 Heritage Dr, West Yarmouth (Barnstable Registry of Deeds Certificate #224062) Project Description: Single family home NHESP File No.: 25-19935 Heritage Hub Form ID: RC-96409 Approved Plan: Site & Septic Plan Located at 21 Heritage Drive West Yarmouth, MA Plan date: October 24, 2025 Revised Date: December 3, 2025 To avoid a prohibited Take of state-listed species, the following condition(s) must be met: 1.Authorization Duration: This authorization is valid for 5 years from the date of issuance. Work may be completed at any time during this 5-year period in compliance with the conditions herein. Thereafter, the Applicant must re-file pursuant to the MESA. 2.Limits of Work: No work or alteration to the soil, surface, or vegetation shall occur outside of the limits of work shown on the site plan unless otherwise approved in writing in advance by the Division. 3.Permanent Monumentation: Prior to the start of work or as otherwise approved by the Division, the Applicant shall install permanent monuments shown on the site plan . A Massachusetts Registered Land Surveyor shall certify to the Division, in writing, that permanent monuments have been installed in accordance with the site plan. Said monumentation shall be maintained in good condition and repaired or replaced, as necessary, by the property owner. 4.Record Letter and Plan: Prior to the start of work or as otherwise approved by the Division , the Applicant shall (a) record this letter and the Site Plan in the Barnstable County Registry of Deeds or the Land Court for the district in which the property is located so as to become a record part of the chain of title for the property; and (b) provide the Division with proof of said recordation.