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p.m. and nothing on either Saturday or Sunday. . , " <br /> The Town Planner requested a decision be made regarding <br /> Condition 30, as it relates to open Space. Attorney Butler <br /> 7 ►r!j amended the language to read, "The Applicant has agreed that it <br /> shall transfer and convey the open Space described within the <br /> r ee on or conservation Restriction in fee to the Town of Mash <br /> P <br /> , "� ��� before the first anniversary of this Modification. " <br /> Finding13 shall read "Transfer f ry n <br /> # o fee to copse atio <br /> 4 ,;H Restriction Open Space to Town, balance to Condominium <br /> Association, per Section 40A, Section 9 of Zoning Statute. " <br /> 1 '"i1 <br /> The Chairman opened the floor to Members of the Public and <br /> recognized, Beverly Kane, who made reference to Condition #4, and <br /> asked if said transfer would require the Town to pay out any <br /> money. The Town Planner explained that a Sewer Commission would <br /> have to be approved by Town Meeting in order to accept the <br /> donation. The intent would be to operate as a business, with <br /> }5�k customers paying a fee, rather than being subsidized by the Town. <br /> Ed Baker inquired if there would be an acquisition cost; <br /> Attorney Butler agreed the clarification should be made that the <br /> ff transfer would be made without consideration (a donat ion) . <br /> Beverly Dane inquired of a letter from the Environmental <br /> IN <br /> Coalition in reference to their position regarding the release of <br /> performance bond in the amount of $125, 000 . 00 in connection with <br /> -Ito"490 the original wastewater treatment monitoring plant (March 19 8 7) . <br /> (The Chairman searched through correspondence. ) <br /> 40 <br /> The Chairman recognized Ed Baker, who expressed support of <br /> his understanding of the original Agreement in which $125, 000 . 00 <br /> would be deposited into- an interest bearing account which monies <br /> p � g ■ <br /> ` could be used to remedy nutrient problems should they occur. <br /> klSh'r <br /> c' <br /> Attorney Butler clarified the $125, 000 . 00 was in the form of <br /> r 0,,0 41 <br /> fii� a performance bond payable to the Town of Mashpee to be used <br /> expressly for the purposes of improving the level of treatment. <br /> 'JA <br /> The fund was to have been established and used only if Applicant <br /> defaulted on liability to improve the level of sewage treatment. <br /> As discussed, five (5) parts per million is at the discharge <br /> point of the treatment facility, not what is proposed to be the <br /> 1 ultimate impact on a nitrogen loading basis for the site. With <br /> ' t <br /> today s innovative technologies, the cost factors for improvement <br /> are much less expensive to build and maintain. <br /> i <br /> BeverlyKane noted that problems within h <br /> P the Mashpee River <br /> were not recognized in 1987; to which the Chairman did not <br /> ii , F completely agree. <br /> 3j Ed Baker further stated his support of a bond established <br /> r for the purpose to protect the River based on nutrient overload <br /> in con3unctzon with other properties. (There was discussion <br /> _10- <br /> a :f. <br /> :JFi <br /> M Eljjr <br /> f <br /> �i <br /> l M <br />