NHESP Letter Barnstable_22-41344
October 11, 2022
Barnstable Conservation Commission
200 Main Street
Hyannis, MA 02601
Matthew & Laurie Kelley
45 Damien Road
Wellesley MA 02481
RE: Applicant: Matthew & Laurie Kelley
Project Location: 554 Wianno Ave
Project Description: Relocate Dwelling, Handrails & Lighting Improvements for Existing
Walkway, Vegetation Management
DEP Wetlands File No.: 003-6033
NHESP Tracking No.: 22-41344
Dear Commissioners and 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 SITE PLAN” (DATED
8/16/2022) prepared by Baxter Nye Engineering & Survey and “RESTORATION PLAN” (DATED 8/11/22)
prepared by Wilkinson Ecological 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).
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. Therefore, it is our
opinion that this project appears to meet the state-listed species performance standard for the issuance
of an Order of Conditions. Upon filing for renewal, extension, or amendment of the Orders of
Conditions, the applicant shall contact the Division for written response regarding impacts to Resource
Area habitat of state-listed wildlife.
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)
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 result in a
prohibited Take of state-listed rare species. 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.
If you have any questions regarding this letter please contact Emily Holt, Endangered Species Review
Assistant, at 508-389-6385.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: MA DEP Southeast Region
John Lavelle, Baxter Nye Engineering
Seth Wilkinson, Wilkinson Ecological Design