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10. The Applicant, his heirs and assigns shall be responsible for the conduct of a periodic water <br /> quality monitoring program as described in Exhibit A, which shall be recorded with this <br /> decision. The required monitoring wells shall either be relocated off of building lots into the <br /> adjacent open space or street layout areas, or shall be provided with a recorded easement, <br /> at least 10 feet by 10 feet in size, in favor of the Town of Mashpee allowing the Town of <br /> Mashpee and its agents access to said wells for the purposes of well maintenance and <br /> monitoring of water levels and quality. If easements are to be created, they shall be <br /> indicated on the definitive plan prior to signature by the Board. The recorded easement <br /> document(s) shall be provided to the Board prior to approval of the first roadway covenant <br /> release for the project. If the wells are to be relocated onto the land to be deeded to the <br /> Town, a new plan shall be prepared indicating the location of the wells, which need not be <br /> a recordable plan, with four copies provided to the Board prior to approval of the first <br /> roadway covenant release for the project. In either case, a plan and report shall be <br /> provided to the Board by said date indicating the elevation of the top of each well casing <br /> based on United States Geological Survey Datum and surveyed location based on <br /> Massachusetts Coordinate Plane as well as being tied to an established roadway or <br /> property bound. <br /> 11. Deeds to any lot, along with any declaration of covenants, conditions and restrictions, <br /> association bylaws or rules and regulations transmitted to buyers of property within the <br /> subdivision, except for any deed of the project open space, shall contain a requirement that <br /> fertilizers and pesticides used within the development shall be of a type approved by the <br /> Town of Mashpee Board of Health and that pesticides shall be applied by licensed <br /> applicators. Use of fertilizers and pesticides shall be minimized and the use of natural pest <br /> control methods should be encouraged. <br /> 12. Any construction on public ways shall not be initiated until all necessary town, county or <br /> state approvals have been obtained. <br /> 13. Construction activities shall not customarily take place in connection with this project (i) <br /> between the hours of 6 p.m. and 7 a.m. on weekdays or Saturdays, or (ii) at all on Sundays <br /> or holidays. There shall be no substantial deliveries of materials or unloading of heavy <br /> construction equipment on Saturdays, Sundays or holidays. <br /> 14. The applicant and all contractors, subcontractors and employees engaged by the applicant <br /> shall properly dispose of stumps, construction debris, hazardous materials and other waste <br /> and shall provide a report to the Planning Board and Board of Health, at six-month intervals <br /> beginning with the issuance of the first building permit and ending upon completion of the <br /> project, describing the amount of, and means of disposal of, such materials resulting from <br /> the construction of the project, including the approximate date and specific location at <br /> which such materials were disposed. <br /> 15. No underground storage tanks shall be installed on-site for any purpose, except as may be <br /> required as part of on-site or common wastewater treatment facilities. <br /> 16. Except in the case of foreclosure by a lender, or a transfer to a related entity controlled by <br /> the Applicant, the holder of this special permit shall not transfer said permit without 90 <br /> days prior notice to the Planning Board. The Planning Board may notify the holder of any <br /> violations of the Special Permit and no transfer shall take place while any violations exist <br /> without the approval of four members of the Board. <br /> 17. Notwithstanding the provisions of 25 above, the developer/ applicant and his heirs and <br /> -6- <br />