HomeMy WebLinkAbout2025.07.31 NHESP Letter RC-95265July 31, 2025
260/270 Vineyard Road LLC
926 douglass Drive
Mc Lean, Virginia 22101
Barnstable Conservation Commission
230 South Street
Hyannis, MA 02601
RE: Applicant: 260/270 Vineyard Road LLC
Project Location: 260 & 270 Vineyard Road
Project Description: Repair and maintain revetment, extend cobble berm, remove trees
DEP Wetlands File No.: 003-6297
NHESP File No.: 25-19675
Heritage Hub Form ID: RC-95265
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 (dated 5-22-2025, one sheet, prepared by Sullivan
Engineering & Consulting Inc., revised date N/A) 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 proposed project includes 165' of repairs to an existing revetment, 110' of cobble berm extension and tree
removal. The Division recommends the applicant work with the Conservation Commission to ensure proposed
beach nourishment is a compatible grain size.
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 225-19675 July 31, 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 Devon Harrington, Endangered Species Review Biologist, at
devon.a.harrington@mass.gov or 508-389-6354.
Sincerely,
Jesse Leddick
Assistant Director
cc: