RE: Realtiy Resources Chartered & Bradley House, Assoc., L.U.P. 3R0678-EB (Corrected) May 2, 1994 CASE NO.: 3R0678-EB (Corrected) LAWS/REGULATIONS INVOLVED: APPLICANT: Realty Resources Chartered 10 V.S.A. Chapter 151 ADDRESS: and (Act 250) Bradford Housing Associates Box 515-5, Route 1 Rockport, Maine 04856 The Vermont Environmental Board hereby issues Land Use Permit #3R0678-EB pursuant to the authority vested in it by 10 V.S.A. Chapter 151. This permit applies to the lands identified in Volume 74, Pages 465-468, of the Land Records of Bradford, Vermont, as the subject of a deed from Robert W. and Ann Claflin to Bradford Housing Associates, the Permittee, as grantee. This permit authorizes the Permittees to construct 21 units of rental housing and to construct related road, sewer, and water improvements. The project is located on Route 5 in the Town of Bradford, Vermont. The Permittees, and their assigns and successors in interest, are obliged by this permit to comply with the following conditions: 1. The project shall be completed, operated, and maintained in accordance with Findings of Fact and Conclusions of Law #3R0678 (Revised), except as modified hereby; Findings of Fact and Conclusions of Law #3R0678 (Criterion 6); Findings of Fact and Conclusions of Law #3R0678-EB; the plans and exhibits stamped "Approved" and on file with the District Environmental Commission; and the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of this permit the Permittees agree to allow representatives of the State of Vermont access, at reasonable times, to the property covered by the permit, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 3. By acceptance of the conditions of this permit without appeal, the Permittees confirm and agree for themselves and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittees and all assigns and successors in interest. The granting of less than an undivided whole interest in this project is prohibited without prior approval of the District Environmental Commission. 4. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holders file an affidavit certifying that the project is being completed in accordance with the terms of the permit. 5. The permit hereby incorporates all of the conditions of the Water Supply & Wastewater Disposal Permit #WW-3-9087 issued by the Agency of Natural Resources on November 11, 1991 and as amended on February 15, 1994, and the Public Water System Permit to Construct #5170 issued by the Agency of Natural Resources on January 14, 1994. All conditions of Permits #WW-3-9087 and WSID #5170 are part of this land use permit as if set forth fully herein. 6. Water Conservation: The Permittees and all subsequent owners shall install and maintain only low-flow plumbing fixtures in any buildings, including toilets with flows not to exceed 3.5 gallons per flush, faucets with flows not to exceed 3.0 gallons per minute or that have automatic shut- off valves, and showerheads with flows not to exceed 3.0 gallons per minute. 7. Erosion Control: All mulch, hay bales, siltation dams, water bars, and other temporary devices shall be installed immediately upon grading and shall be maintained until all roads are permanently surfaced and all permanent vegetation is established on all slopes and disturbed areas. Hay bales shall be incorporated four inches into the soil and equipped with filter fence on the upstream side, butted together and all joins filled with loose hay. Topsoil stockpiles shall have the exposed earth completely mulched and have siltation checks around the base. The Permittees shall ensure that no undue erosion occurs. All measures necessary to maintain the site stability shall be taken. 8. Prior to construction of the approved work, the Permittees shall complete the following: 1) construction limits shall be clearly delineated with flagging or snowfencing; 2) diversion ditches shall be placed on the uphill limits of the construction area; and 3) temporary siltation controls shall be placed on the downhill limits of the construction. Immediately following the above, the permanent drainage system and/or roads shall be installed, after which normal construction can begin. 9. A copy of the approved erosion control plan shall be on the site at all times during construction. 10. The sprinkler system shall be operational at all times. The sprinkler system shall meet all the requirements of National Fire Protection Association 13-R standard and shall have a means of notifying the Bradford Fire Department's dispatch center when the system is activated. The Permittees shall ensure that adequate access roads for fire apparatus are maintained at all times. 11. The Permittees and all assigns and successors in interest shall continually maintain the planting and site improvements as approved in District Commission Exhibit #29 by replacing any dead or diseased plantings or damaged site improvements as soon as possible. 12. Common area lighting shall use fluorescent lamps with electronic ballasts or energy-saving lamps with energy- saving electromagnetic ballasts or compact fluorescent lamps with electronic ballasts; signs shall use compact fluorescent lamps with electronic ballasts; and parking, walking and other exterior area lighting shall use either metal halide or high pressure sodium lamps. The installation of exterior light fixtures is limited to those approved and shall be mounted no higher than 8 feet above grade level. All exterior lighting shall be shielded from the view of neighbors and the road. 13. All heated structures approved herein shall be constructed with added envelope insulation with a minimum R value of at least R-38 in the roof or cap, at least R-30 in sloped ceilings, at least R-19 in the exterior walls, and at least R-10 around the foundation or slab to 4 feet below grade (to the frost line) or at least R-11 in the lowest floor or slab. The exterior doors shall be insulated and attain a minimum R value of at least R-10. The windows shall be double pane with low-E glazing or storm or triple pane and attain a minimum R value of at least R-2.75. All exterior doors and windows shall be weather-stripped and all seams sealed and joints sealed to minimize air infiltration. 14. The installation and use of electronic resistance space heating systems is specifically prohibited. 15. All energy conservation devices shall be maintained in good working order and any failed devices shall be promptly replaced by equal or better equipment. 16. Additional energy conservation measures shall include the installation of oil or LP gas or natural gas heating systems with automatic setback thermostats and with an Annual Fuel Utilization Efficiency (AFUE) of a minimum of 80%. Water heating systems shall attain a minimum Energy Factor (E.F.) of: Gas: E.F. = .62 (-) (.0019 x rated storage volume in gallons); Oil: E.F. = .59 (-) (.0019 x rated storage volume in gallons). All wood heaters shall comply with EPA Phase II guidelines. 17. The Permittees shall ensure that the tenant lease agreements allow small personal gardens on the site. A revised site plan showing the designated garden space shall be filed with and approved by the District Environmental Commission prior to the completion of construction. The Permittees shall make the remaining agricultural land, with a 100-foot buffer, available for leasing to a farmer. 18. Prior to the sale, lease, or occupancy of any units, the Permittees shall file an affidavit with the District Commission certifying that they have paid an impact fee of $27,309.00 to the Bradford School District, consistent with the Findings of Fact and Conclusions of Law #3R0678 (Criterion 6) dated October 9, 1992. Such fee shall be returned to the Permittees if it is not used by the School District for capital improvements within six years of the date of payment. 19. No further subdivision, alteration or development of any parcels of land approved herein shall be permitted without the written approval of the District Environmental Commission. 20. The Permittees shall apply for an administrative amendment upon any transfer of ownership of the project and/or the land. 21. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. 22. All construction on this project must be completed by November 1, 1996. 23. This permit shall expire on May 1, 2024, unless extended by the District Environmental Commission. 24. No changes shall be made in the project without the written approval of the District #3 Environmental Commission. Dated at Montpelier, Vermont this 2nd day of May, 1994. ENVIRONMENTAL BOARD s/s/ Robert Opel _________________________ Robert Opel, Acting Chair Rebecca Day Lixi Fortna Arthur Gibb Samuel Lloyd William Martinez Steve E. Wright c:\wp51\decision\realty.per (v)