HomeMy WebLinkAboutNHESP conditions 7.22.2026
July 22, 2026
Yarmouth Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
Thomas & Linda Fallon
Thomas E Fallon Trust
199A High Road
Newbury, MA 01951
Michael Sellers, Odessit Capital
233 Harvard Street
Brookline, MA 02446
RE: Applicant: Michael Sellers, Odessit Capital; Thomas & Linda Fallon
Project Location: 286 South Sea Avenue, West Yarmouth
(Book 27814, Page 53, Barnstable County Registry of Deeds)
Project Description: Construct Single Family Home
DEP Wetlands File No.: 083-2543
NHESP File No.: 26-20516 (previously 18-37670)
Dear Commissioners & Applicant:
On April 19, 2018, the Natural Heritage & Endangered Species Program of the Massachusetts Division of
Fisheries & Wildlife (the “Division”) issued a determination in response to a Notice of Intent and request
for review pursuant to the MESA Review Checklist and supporting documentation for review pursuant to
the MA Endangered Species Act Regulations (321 CMR 10.18). To date, work has not been initiated on
the site. The Applicants submitted the revised SITE PLAN dated June 4, 2026 (prepared by BSC Group,
sheet 1 of 1) that increases the area of work to include a proposed 2-bedroom accessory dwelling unit to
the north of the house and northwest of the septic system.
This determination replaces the Division’s April 19, 2018 determination in full.
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 the
habitat of state-listed plants is not protected under the provisions of the WPA Regulations (310 CMR
10.59). Therefore, it is our opinion that this project meets the state-listed species performance standard
for the issuance of an Order of Conditions.
NHESP No. 26-20516 (18-37670), Page 2 of 2
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 a portion of this project, as currently proposed, must be conditioned in order 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
following conditions must be met:
1. Recordation: Prior to the start of work, 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 WRITTEN proof of said recordation.
2. Symbolic Flagging: Prior to the start of work, symbolic flagging or fencing shall be erected around
the limit of work and maintained throughout the construction period. All work, including all soil
disturbance, vegetation alteration, and material storage, shall occur within the limit of work shown
on the site plans.
3. Permanent Monumentation: Prior to the completion of work, or as otherwise approved by the
Division, split rail fencing (or a similar Division-approved alternative) shall be installed as shown on
the site plans. Said fencing shall be maintained in good condition and repaired or replaced, as
necessary.
4. Compliance Report: Within thirty (30) days of the completion of work, or as otherwise approved by
the Division, the Applicant shall submit written confirmation (including representative post-work
photos) to the Division that all work was conducted in compliance with the conditions outlined
herein.
5. Habitat Management: Periodic mowing of vegetation outside the limits of work shown on the site
plans may occur between November 1 and March 31 of any year pursuant to a vegetation
management plan that has been submitted to and approved by the Division prior to initiating
vegetation management activities. No other work, including but not limited to, soil disturbance or
material storage, shall occur outside the limit of work shown on the site plans.
Provided the above-noted conditions are fully implemented and there are no changes to the site 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.
NHESP No. 26-20516 (18-37670), Page 4 of 4
Enclosed: SITE PLAN dated June 4, 2026 (prepared by BSC Group, sheet 1 of 1)
cc: Paul Mancuso, BSC Group, Inc.
MA DEP Southeast Region