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Definitive Plan <br /> Bayswater Development LLl Earth Tech <br /> Approval Not Required <br /> New Seabury2roperties, LLC/.BSS Design <br /> The Town Planner made reference to a letter received <br /> from counsel for New Seabury suggesting the Board move <br /> forward in these matters based upon their interpretation of <br /> the court Decision. <br /> e also made reference to a letter received from the <br /> Cape cod commission stating both of the above captioned <br /> matters be referred as DRI . <br /> A letter from Town counsel received this date is in <br /> agreement with cape Cod commission position that these <br /> matters be, referred as DRI because the case is still <br /> pending. <br /> The Town Planner provided copies of all of the above <br /> mentioned letters to Board Members . <br /> The chairman determined there was no representative <br /> from Bayswater Development LLc/Earth Tech present at the <br /> meeting. <br /> The Town Planner asked New Seabury representatives if <br /> they would prefer to hold off or go forward with the filing <br /> in this matter. <br /> The Chairman recognized Attorney R.J. Lerman who <br /> requested the Board accept the filings and agree to hear <br /> discussion of the matter. <br /> The Chairman agreed to accept the filing, she did not <br /> agree to discussion of the matter at this point . She then <br /> entertained a emotion be made. <br /> MOTION: Dennis Bal arini made a Motion to refer the- <br /> matter of Bayswater Development LL /Barth Tech to the Cape <br /> Cod commission, based upon recommendation made by Town <br /> Counsel; which Motion was seconded by Steve Dolan and so <br /> noted unanimously. <br /> There was brief Board discussion as to whether or not <br /> testimony should be heard in this matter . The Chairman <br /> 5 <br />