8/1/2018 PLANNING BOARD Minutes - Laserfiche WebLink

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Discussion Regarding Windcbime Special Permit &WWTP Upgrade-David Bennett, Wastewater Treatment Plant operator for wrndchime, as present to discuss details regarding windchime's waste ate'r treatment and Special Permit conditions. Mr. Bennett referenced a letter drafted by Joseph Mooney, Chair for the windchime Board of Trustees, and contained in plannin Board packets, requesting the release of escrow funds to upgrade the wastewater treatment facility and eliminate the requirement t.o replenish t.hc•funds, due to a redundant requirement for the Financial Assurance Mechanism with the State and rnodif�the pedal Permit requirements for the extensive environmental monitoring program, reducing it from quarterly to annually and in its place donate funds to a regional program. Mr. Bennett described the contents of the packet Windchime provided to•the Planning Board. It wag Ir. Bennett}s opinion that windchime was to ifi a larger portion of the'responsibility as compared to its environmental impact. Chairman'Waygan stated that they would need to took into the legality and proper process of what Mr. Bennea g uesting. Mr. Lehrer reported that he met with the Treasurer regarding the Perforin ance Bond stating that the Bbard could take a vote to release the funds in the account provided that they were used for the purpose of the stipulation with theSpecial Penn "t, 1 �00 0 for the pur� ose of mai nta.ihi n the wastewater treatment facility. Mr. Bennett stated that he would like a Public Hearing to modify their Special Permit to request a waiver since they wished only to change the wording of thepeci al Permit. The hair responded that tonight they could address the escrow funds and Mr. B.ennett confirmed that-escrow language appeared in Section 9, page e (rbcorded page 242)requiring 125,000 to be set aside in escrow to be used for improvin the level 'of sewage treatment. Reading the statement, the Chair suggested that, to relear a the funds, the Special Permit would require modification. Mr. Rowley agreed stating that funds could be released only if it would be Used if the owner were to default on the l i abi lit to improve sewage treat .ent. Mr. umming'-referenced another statement about the band on page 1 + 'Mr. Bennett stated that there were three references to the bond in the Permit. Mr. Bowleg suggested that a performance bond could be substituted for the funds. There was discussion about duplicative funds. Mr, Lehrer was recognized by the Chair, who suggested that, as a resident of windchime;Mr. " Cummings should l recuse himself from a modification decision regarding windchi m e. The Chr agreed, stating that it was Mr. Cummings' responsibility to determine whether he should recuse himself AIr. Cummings wished to stay and.would abstain from voting, adding that he had declared his relationship to the Secretary of State. Mr. Lehrer recommended that Mr. Cummings would not errant to belaced in a compromising position and should also,abstain from the p conversation. Mr. Bennett inquired about the process. The Chair stated.that the Planning Department would draft the Modification and would seely comment as necessary, Mr. Lehrer confirriied that he Would write the decision based on history. The Chair suggested that Mr. Bennett -submit an application to modify the Special Permit and also place on the agenda, the vote•to release the fund§.' The Chair Wished to review the State Statute that presented the redundancy. Mr, .owlet' confirmed that it was a regulation.for any plant, but was unsure why the redundancy•occurred i n the Special Permit adding that the funds could be released, and without a modification, could be' 14