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5 <br /> i' <br /> habitat and water quality. Mr. r. goal ty Butler stated that all these same type of issues are contained 4� <br /> within the Development Agreement. ' <br /> w' <br /> Mr.Butler commented that the presentation to them this evening is two-fold— � <br /> • That all the issues and criterri.a for the issuance of a special permit they believe <br /> are met by their requirement to conform to the Development Agreement and to <br /> receive the Cape Cod Commission's approval if this project does comport with ' <br /> those requirements. <br /> i• <br /> i The requirement that once they buy and construct the facility,they are required �E <br /> to comport with,at all times,all the conditions in the 21 page document—the � <br /> auditing requirements,monitoring requirements in terms of testing/ftqxction, � <br /> conditions on the limitations on hazardous waste and materials,subject to <br /> lino tations on the amount of open space that they can use and subject to <br /> limitations on the need to meet the 5 parts per million nitrogen nitrate loading. tr <br /> Mr.Butler stated that the final argument they would make is that if they turn the criteria that <br /> is in the by-law around and look at what they would affect positively instead of what they <br /> affect negatively,there are a number of positives F pos�t�ves to this project which h outweigh any ,E <br /> negatives. He stated that they believe any of the negatives are appropriately mitigated under " <br /> the Development Agreement or any conditions that the Board may seek to impose. <br /> � u � <br /> Mr.Butler stated that the positives are-- <br /> You get a first-class facility operated by a significant insptution <br /> meeting a very significant and important public need. <br /> You have a gateway facility to the Industrial Park which hopeNly ' f <br /> will be a start of things to happen Mn that area. This upgrades that <br /> facility and that area of the In Park. Also,by the construction <br /> of this building,this kicks in and starts to commence the mitigation . � <br /> payments and the other things dealt with in the Development ; <br /> Agreement. '• <br /> Tilk <br /> Mr.Butler stated that he would the Board to consider the i <br /> ask ssuance of a Special Permit. . <br /> He stated that they would be happy to discuss what additional conditions that are above <br /> beYond the Development Agreement the Board may wish to consider. Mr.Butler commented <br /> that they would suggest,from their standpoint that one condition would be that at all times <br /> this property be subject to and that the owner be required to comply with the Development <br /> Agreement which would give the Board enforcement powers that they probably want, ' <br /> �w <br /> PUBLE 1VELTIN <br /> it <br /> At 7:30 P.M.,Acting Chairwoman Martine Meijering made a motion to continue the Public 4 <br /> Hearing until 7:45 in order to start the Planning Board's Public Meeting. Motion was <br /> seconded by James Dorgan and ously approved, <br /> a <br /> *1: OIL ui <br />