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er <br /> —. .............. <br /> Public Hearin F <br /> }� a g <br /> The Bornstein <br /> companies-Windchime Point-Great Neck Road South • <br /> The vice chairman called the Continuation atlon of Modification , t►�� <br /> to Special Permit in this matter to order at 8:22 .m. and <br /> recognized zed Attorney Butler, who P <br /> g y o identified himself for the record .f <br /> as Pat Butler, representing the Applicant. He stated for the <br /> record that all modification requests have been included in a <br /> ., <br /> document entitled, Modification of Special Permit.z . Attorney <br /> orney <br /> Butler made reference to the added provision on page 23 which <br /> � p g c <br /> states that. . . "Applicant shall, prior to the commencement of ► <br /> construction deliver a performance <br /> s- p bond in the amount of one , <br /> Hundred Twenty-Five Thousand ($125, 000 . 00) Do11ars to secure ' <br /> Applicants ability to upgrade the wastewater treatment facility <br /> f • • •..�,� <br /> (WWTF) , or in the alternative, to implement additional innovative t e <br /> wastewater treatment methods in the event of two occurrences. 041111111 T4 <br /> One being a violation of Condition 32-five 5 parts 11.:t i s r � <br /> 3 p per <br /> at the point of discharge from the WWTF; if the Planning Board <br /> determines there are excessive Levels of nutrient concentrations ,p <br /> in roundwa t r s► <br /> g e /surface water samples measured by the f <br /> biomonitoring program, which levels can be ameliorated b TM <br /> additional/upgraded available technologies. Applicant has agreed' <br /> Pp <br /> to participate, coordinate and cooperate in any municipal process � <br /> whereby effluent can be piped f ` • h <br /> p P o f site. If in fact this should = <br /> occur, Applicant z cant has the right ght to apply to the Planning Board so . , <br /> that funds could be released In lieu of monitoring/bond <br /> requirements. <br /> g <br /> A copy of the executed Conservation Easement has been <br /> attached as Exhibit A. Said document to be submitted to ; � • <br /> current Condominium Association, Selectmen and D.E.P. for - <br /> approval.. (Attorney <br /> Pp o indicating <br /> Butler made reference to the Phasing Map <br /> on display ndicating the Conservation Easement/Line. ) `E;' <br /> Attorney Butler informed. the Board that the most recent <br /> Purchase and Sale Agreement extension submitted to the Buyer <br /> has not been signed the y � . <br /> deadline for extension request having <br /> been May 7 19 9 7 w <br /> y . , which date conflicted with Mashpee <br /> Town Meeting) . Litigation has been commenced in Barnstable � <br /> Superior court relating to enforcement of the Purchase n 'a d Sale <br /> Agreement. Negotiations are ongoing and headway is being made, , ,. F <br /> this remains however an issue between the Seller n ' <br /> a d Buyer <br /> Attorney Butler has suggested to Seller' s counsel that this Board <br /> 9' <br /> be allowed to move forward and finalize the modification with the ;�,�' � <br /> understanding that Attorney Butler would inform the Board, that he ; <br /> Would voluntarilya to not deliver <br /> agree an final g y document <br /> approved by the Board to the Town clerk, and that any such <br /> document be placed in escrow between himself or Attorney Princ i ' � <br /> (litigation attorney for Buyer) and the N.Y. attorney. <br /> { <br /> Y <br /> The vice Chairman asked AttorneyButler if he had official. <br /> standing an "# <br /> - . � ;��,,; <br /> ding to appear before the Planning Board this date, to which ,oe <br /> Attorney Butler answered, nI believe I do. " "I believe based on f <br /> the actions which have been filed in ed the Superior court, which <br /> alleges specific performance and in that a lease pendance has <br /> been recorded against h property t the p operty and in light of the <br /> ,, <br />