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5 <br /> Mr. Green stated that anyone arlking across the shellfish grant and destroying the <br /> shellfish is liable for thdamage caused. The regulation tait the conditions are different <br /> and if it is ar non-water dependent use, no damage can be done. - He claimed that the <br /> subject property is an unbuildable lot. <br /> Mx. Bali pointed out the regulations cited the Chapter,91 regulations which further define <br /> what i water dependent and what is not water dependent. <br /> Attorney Patrick Costello, Town Counsel, said the project is a private residential <br /> development and the Applicant wants to put ar house on the island. He cited 310 CIIIIF <br /> 912 regarding water dependent use. He said the beard should focus on what the project <br /> j <br /> is: a residential development on Gooseberry Island and that the bridge is an accessory t <br /> either ar garter dependent use or a non-water dependent use. The Board rust determine <br /> if the house is a water dependent use. The bridge is an accessory use because it provides <br /> private access. In his opinion, private roads, private ways do not fall within any definition <br /> classification of water dependent use. Attorney Costello also said private residences <br /> located on an upland would not be ai water dependent use. <br /> The Agent said his personal opinion r this proposal is in no way waiter dependent based <br /> n the regulatory language. If it is deemed to be non-water dependent, the Agent wants <br /> a clear definition of the threshold of no adverse impact. There reeds to be more study on <br /> wham triggers adverse impact. The Agent said his recommendation is to hire ars outside <br /> consultant. The Commissioners agreed to hire an outside consultantwith al specific scope <br /> and to cover the issue of the resource areas that are subject to adverse impact. It was <br /> also agreed to have the Agent draft a scope of work to lire a consultant. Mr. Gurnee <br /> moved to hire an independent consultant to deal with issues including adverse impacts <br /> and the effects on all resource arrear and any other areas within that scope of work. <br /> Seconded by Ir. Sher . Vote unanimous - . <br /> Mr. Sweet moved for a continuance to November 13, 2014 to allow the Agent to submit <br /> his RFP to assess the status of the consultant, seconded by Mr. Shag. Vote unanimous. <br /> 6-0. <br /> The Agent suggested any ether information from all of the interested parties should b <br /> submitted expeditiously so it can be given to the consultant. <br /> 6:03 Town of Mashpee, 491 Great Oak Road. Proposed parking lot and boat r-a'mp <br /> reconstruction. Continued form 8/28/2014 to allow time to submit revised plans. INIOL <br /> Resource Area: Coastal Beach, LSCSF, Buffer Zone to L <br /> Roger I lichnrewic , Coastal Engineering, who was representing the Town of M shpee, <br /> described tete project work which involves re en truet.ing the Great River Boat Ramp <br /> Facility and implementing pervious pavement 2nd concrete leaching basins to control <br /> storm water runoff from, entering Great Fiver. In addition, the- project includes <br /> reconfiguring the parking areas to maximize the components as shown on the site plan. <br /> On the waterfront, the existing DEP licensed boat ramp will be reconstructed with a new <br /> precast concrete boat ramp and the existing licensed wooden pier system, licensed by <br /> DEP, will be replaced with new marine aluminum pier and -ramp system that will be <br /> handicap accessible. Also, the proposal calls for installation of ar non-waiter dependent <br /> 5 <br />