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a. The Special Permit shall require the installation by Hynds/Industrial at their cost <br />of a wooden stockade fence at the property line running the length of the shared <br />boundary (200 feet). The fence shall be 6 feet in height from grade and shall be <br />constructed so that it provides a solid fence offering privacy. Any portion of the <br />fence underground or touching the ground shall be pressure treated wood or made <br />of other materials that will not decay. The fence shall be made of materials <br />customarily used for a bigh-quality stockade boundary fence made of solid wood. <br />The attractive side of the fence shall face the Plaintiffs' property. The Parties <br />agree that the fence may be placed on the property of Plaintiffs, so long as within <br />one (1) foot of the property line. Once installed, the fence shall be owned and <br />maintained by the Plaintiffs. <br />b. Condition # 4 of the Special Permit reads: "Conditioned upon the applicant <br />installing twenty-six (26), 7 1 tall newly planted arboTvitaes setback 19 feet fi-om <br />the property line". As to this condition, the Parties agree that the new row of trees <br />shall be staggered with the existing row of trees located closer to the chain link <br />fence so as to provide maximum screening. This new set of trees planted at 19 <br />feet shall be Green Giant arborvitaes. <br />c. The Special Permit shall indicate that this 19-foot buffer area ("Buffer Area") <br />along the southern end of the Premises shall be preserved as a natural vegetated <br />buffer. Hynds/hidustrial shall not (a) cut any trees, or (b) store any equipment, <br />construction materials, or any other materials in the Buffer Area, The Special <br />Permit shall impose an obligation on flynds/Industrial to maintain the two rows of <br />screening trees in the Buffer Area in good condition and replace any trees that <br />does -not survive. No structures of any kind shall be installed in the Buffer Area, <br />including underground. <br />d. The modified Special Permit shall limit operation/use of the facility on Sundays to <br />the hours of 9:00 AM to 4:00 <br />The Special Permit shall indicate that the use of any power tools or machinery; <br />including those with back up alanns, shall be limited to within the contractors' <br />bays (not outside), and when such tools and machinery are being operated, the <br />bay doors and regular doors and windows -,hall remain closed. <br />f All terms of the Special Permit not modified by the Board pursuant to this <br />Agreement shall remain in the Special Permit and are incorporated into this <br />Agreement. No other changes to the Special Permit shall be sought or utilized by <br />Hynds/Industrial. <br />10031011 "1 �11 <br />2 <br />