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Client: Johnathan Fish and Susan Fish <br />Matter: 20 MISC 000209 <br />Date: September 30, 2022 <br />Page 2 <br />In resolving the Plaintiffs claims, the parties have agreed to minor modifications to the <br />Special Permit that are intended to mitigate any adverse impacts of the project on Plaintiffs' <br />abutting residential property. The parties Settlement Agreement, entitled Conditional Mutual <br />Release and Settlement Agreement, and dated August 28, 2022, is appended hereto as Exhibit 2, <br />and sets forth the material terms for the amendment of the Special Permit conditions. <br />As set forth in more detail in the attached Settlement Agreement, the parties wish to make <br />the following minor changes to the special permit conditions: <br />1. Amend Special Permit Condition #4 to read as folllows: <br />Conditioned upon the applicant installing twenty-six (26), 7 ft. tall newly planted <br />Green Giant arborvitaes setback 19 feet from the property line and staggered with the <br />existing row of trees located closer to the chain link fence so as to provide maximum <br />screening. <br />2. Amend Special Permit Condition 410 to read as follows: <br />Conditioned upon hours of operation as 6:30 am to 6:30 pm, six hours a week, and <br />9:00am to 4:00pm on Sundays, except use of the office spaces shall not be limited. <br />3. Include as a new separate condition the following: <br />The applicant, Stephen P. Hynds, shall install at his cost a wooden stockade fence <br />at the property line running the length of the shared boundary (200 feet). The fence shall <br />be 6 feet in height from grade and shall be constructed so that it provides a solid fence <br />offering privacy. Any portion of the fence underground or touching the ground shall be <br />pressure treated wood or made of other materials that will not decay. The fence shall be <br />2 <br />