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i <br /> F� <br /> z <br /> Findings relative to the Modification: 3-refers. " x e ers to the old ••� <br /> Bylaw. 4-makes reference to the Mashpee Water District. s- -' <br /> Y reiterates Finding #10 . 8-Included by a wi h the f'4 <br /> ' ' <br /> greement t <br /> Developer. 9-Adds the wording , . . .on its review of the 34 <br /> application and supporting materials. . . " <br /> Conditions: 3-Clarifies the difference between DEP and Town <br /> of mashpee requirements and requires documents be submitted to 0 <br /> the Planning Board. "llf';1 <br /> .•Z <br /> 4-Adds " . . .associated wastewater collection and disposal <br /> facllities. 0 . 11 The reference to C. 79 the Eminent Domain <br /> statute has been deleted. <br /> M <br /> 5-Refers to the Conservation Restriction area. <br /> 6-Correction of some of the property references., <br /> 8 Site Plans" and proper instructions for notification to ;# <br /> abutters. :ill <br /> 10-Certified by a Registered Engineer, and a proper vote is � <br /> clarified. Mr. Rowley asked for clarification of certification- - <br /> as to location or construction <br /> , site <br /> Butler suggested <br /> certifying the location of all site development buildings, units, ,. <br /> utilities. . , " Attorney Butler pointed out that legally, a four ` <br /> y � <br /> member vote is not required, a majority orit vote of the Board, J y would <br /> be. The Board agreed to a "majority vote. " <br /> 11-Refers to the phasing schedule, Mr. Fudala suggested the <br /> following be placed <br /> p ced both as a Condition and an Exhibit B: <br /> (inaudible) any phase begin less than twelve (12) months of ter ,R <br /> commencement of the previous phase. <br /> P . <br /> IT,17-In eludes a time frame for the bonding for revegetation of <br /> access roads, " . . .prior to the issuance of any g permits <br /> ermits <br /> for construction of units in Phase III. • . rt F, <br /> 20-It was decided to delete the entire first sentence. <br /> 22-I t was 'decided to repeat the wording from paragraph (A) ��� •`�_. <br /> to paragraph (B) . . .any other persons on the premises. . . " Mr. <br /> Rowley suggested, with reference to paragraph (A) , " sleeping <br /> facilities and a notation that the residents, . . " <br /> 23-Refers to the Master Deed, Mr. Fudala added the reference . : <br /> " : . .unless and until transferred to the Town. . : " After much k! �;`, <br /> discussion regarding the uncertainty of the costs involved and <br /> the open language of this Condition, Dennis Balzarini suggested <br /> charging a flow rate. Attorney Butler said h + 4I <br /> r �� y e would agree to • #� <br /> the wording, . . ,a flow rate reasonably related to the actualF <br /> costs of construction and operation. " Nam-. Rowley cautioned the 'f <br /> Board against using the term '!flow rate, " and suggested using <br /> F <br /> g3 g � <br /> "based on the total flow= , Robert Govoni left the meeting tat r <br /> this point, 9 :25 p.m. ) Attorney Butler suggested, and to pay <br /> the proportional share of the costs of constructing and operating } � <br /> • those facilities, which amount shall be based upon flow in <br /> P d l�' <br /> 'elation to other properties sharing the facilities. The <br /> , <br /> proportional share shall be determined by the amount of flow from <br /> the project in relation to the total flow from all properties <br /> connected to the system going to the said facilities. "" ��'L <br /> Y g g � � . <br /> ,J t <br /> 24 D -Trust Fund. After lengthy discussion, Attorney <br /> Butler suggested -deleting the reference to the amount, putting a <br /> I <br />