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continue to have access. Mr. Doyle confirmed that the property would continue to be waterfront and <br /> the change was not intended for assessment purposes. <br /> MOTION: Mr. Balzarini made a motion that the plan was an Approval Not Required. Mr. <br /> Cummings seconded the motion. Roll call vote: Mr. Balzarini-yes; Mr. Cummings-yes; Mr. <br /> Phelan-yes; Mr. Callahan-yes; Chairman Waygan-yes <br /> The Chair reminded the Board that Mr. Lehrer was authorized to sign the plan. Mr. Lehrer confirmed <br /> that authorization was recorded with Land Court. <br /> NEW BUSINESS <br /> OLD BUSINESS <br /> South Cape Village-The Chair inquired about the status of new ownership of South Cape <br /> Village. Mr. Lehrer responded that he had sent a letter and learned that there would be no sale of the <br /> property at this time and he would include a copy of the letter in the next meeting's packet, as <br /> correspondence had been received after posting of the agenda. <br /> CHAIRMAN'S REPORT <br /> The Chair reported that, due to an error in abutter noticing, the Public Hearing needed to be re- <br /> advertised for the next meeting on July 1. Public comment for the Hearing would be taken by the <br /> advertised phone line. <br /> MOTION: Mr. Balzarini made a motion to set the Public Hearing for Southworth Mashpee <br /> Properties LLC,July 1 at 7:10 p.m. Mr. Phelan seconded the motion. Roll call vote: Mr. <br /> Balzarini-yes; Mr. Cummings-yes; Mr. Phelan-yes; Mr. Callahan-yes; Chairman Waygan-yes <br /> TOWN PLANNER REPORT <br /> Cape Cod Coffee Update & Discussion-Mr. Lehrer reported that Cape Cod Coffee was <br /> nearing completion of construction, but that an abutter expressed concern regarding tree clearing in an <br /> area that was to remain naturally vegetated. Mr. Lehrer confirmed that tree clearing had occurred <br /> beyond the staking, and contacted Mr. Rowley to inspect whether there was a violation to the permit. <br /> Mr. Rowley inspected and provided a report, a copy of which was also given to the owner. Mr. <br /> Rowley reported that he had taken measurements, based on the location of the building, finding that <br /> the toe of the slope was located at the limit of clearing, as shown on the plan. Mr. Rowley referenced <br /> the previous plan replacing the retaining wall with a stockade fence, however, the stockade fence was <br /> now being located at the top of the slope. Board members reviewed photos provided by Mr. Rowley, <br /> who identified areas between the location of the fence and area at the edge of the brush, which should <br /> have been kept natural. The site contractor indicated that he did not cut trees, but removed underbrush <br /> to add fill. Material would be removed once the area was loamed and seeded. Mr. Rowley stated that <br /> there was technically a violation of the area shown on the site plan to remain in its natural state. Mr. <br /> Rowley had suggested the development of a plan identifying the trees, shrubs and loam and seed to be <br /> added to the site to revegetate. Mr. Balzarini inquired whether they planned to remove the dirt from <br /> around the trees and Mr. Rowley responded that the contractor agreed to remove anything around the <br /> tree. The Chair noted that their letter did not state they would remove the dirt from around the trees, <br /> but Mr. Rowley stated that the contractor told him they would do so. Mr. Phelan noted that their letter <br /> indicated that any disturbed area would be returned to its prior natural state once completed. The Chair <br /> expressed concern that the dirt required removal, and was not clearly stated. <br /> 2 <br />