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the Board prior to -consideration/approval of sign-off on <br /> Phase II . <br /> The chairman then requested Lee Gurney to read the- <br /> following letter into the Record: „Windchime Co ndom.inium <br /> Trust, Attention Beverly A. Kane, Chairman, Mashpee } <br /> Planning Board, dated April 7, 2004 - Dear Mrs. Kane and <br /> Members of the Board - It was brought to my attention two <br /> and half weeps ago that the Planning Board was concerned <br /> about the last three -nitrate readings mandated by the <br /> Modified special Permit granted by your Board to Windchime <br /> Point Development in the fall of 1998 . A brief history of <br /> the Association' s responsibility may be helpful . Pursuant <br /> to the Modified Master Deed filed by the developer in early <br /> 1999, the responsibility for control of the treatment plant <br /> was transferred to the Association upon the sale of the 6 9th <br /> unit . This took place in October of 2001 and should have <br /> been included in the developer' s phasing amendment, which I <br /> have not reviewed. Nevertheless, from all reports it i <br /> apparent the association took control of the plant at that <br /> time. The transit ion was not a smooth one. My own opinion <br /> is that the treatment plant was not being properly <br /> r�r►onitored at the time of transfer. In late July of 2002, <br /> indchime became a `failed' condominium because of <br /> technical flaws related to phasing rights and the Amended <br /> Maser Deed. Mr . Bornstein, to his credit, rectified this <br /> situation. These issues were resolved in, October of 2002, <br /> when the Master Deed was further amended and a new board <br /> tools over responsibility for governance at Windchime.. In <br /> September of 2003, the former management company was <br /> terminated and a new management company, Mercantile, was <br /> engaged by the Association. The wastewater treatment plant <br /> is a top pr1ority for the Windchime Board. In December of <br /> 2003, we doubled our budget to more than 7 , o'o . oD for <br /> annual maintenance of the plant, we have insisted upon <br /> daily inspections of the plant, replaced pumps.,. generators, <br /> testing wells and engag .d five service contractors in order <br /> to assure- proper functioning and full compliance . Reports <br /> are being and have been filed as required by state and <br /> local regulatory agencies:. More issued need to be resolved <br /> by our Association unrelated to testing. We have received <br /> satisfactory cooperation from the Mercantile. In mid- <br /> January of 2004 , during the wally through by your Board, you <br /> brought 'it to our attention that December 2003 reading was <br /> 7 . 94 ppm and not acceptable . This reading and issue was <br /> fully communicated to management by our Board. The testing <br /> company, Mt . Hope, apparently was not aware of your <br /> 21 <br />