HomeMy WebLinkAbout2009 ATM-CERTIFIED VOTE-ARTICLE 50-PETITION LEGISLATURE-EXCHANGE OF CONSERVATION RESTRICTION-BOSTON HILL OF NORT1l q
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail Bradshaw(dtownofnorthandover.com
This is to certify that the following vote was taken on Article 50 at the
Dissolved 2009 Annual Town Meeting held May 12, 2009 and May 13, 2009:
Article 50. Petition the Legislature - Exchange of Conservation Restriction —
Boston Hill. UNANIMOUS VOTE
1) To authorize the Conservation Commission and the Board of Selectmen to amend
a certain Conservation Restriction more particularly described in Paragraph
1(a) below, as follows:
a) To release that certain parcel of land subject to the Conservation
Restriction granted to the Town by Boston Hill Development, LLC on June 13, 2006, and
recorded at the Essex North Registry of Deeds at Book 10282, Page 272 (the
"Conservation Restriction") from the Conservation Restriction (the "Release"). The
parcel of land subject to the Conservation Restriction is shown as ""Open Space Parcel
`A"' above the title EXISTING CONSERVATION RESTRICTION (WITH
PREVIOUSLY PROPOSED DEVELOPMENT) on the plan entitled PROPOSED
MODIFICATION TO CONSERVATION RESTRICTION THE BOSTON HILL
PREMISES NORTH ANDOVER, MA Prepared for: ELM DEVELOPMENT
SERVICES, L.L.C. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028,
prepared by Marchionda & Associates, L.P., dated January 29, 2009 (the "Plan"). The
parcel of land which is to be released from the Conservation Restriction pursuant to the
Release contains approximately 18.74 acres. A copy of the Plan is attached hereto as
Exhibit 1 and made a part hereof, and
b) To accept the addition of a certain parcel of land to the Conservation
Restriction (the "Addition") and to subject the Addition to the Conservation Restriction.
The Addition is shown as "Open Space Parcel `A"' above the title "PROPOSED
MODIFIED CONSERVATION RESTRICTION (WITH CURRENTLY PROPOSED
DEVELOPMENT) on the Plan, and contains approximately 25.14 acres; and
C) To make such other modifications to the Conservation Restriction as
deemed necessary or advisable in the discretion of the Conservation Commission and the
Board of Selectmen to accomplish the purposes of the amendment to the Conservation
Restriction authorized hereby and/or as may be required by the Executive Office of
Energy and Environmental Affairs.
2) To authorize the Conservation Commission and the Board of Selectmen to take all
actions and to execute all documents as the Conservation Commission and/or the Board
of Selectmen deems necessary or advisable in their sole discretion in order to carry out
the purpose and intent of the amendment to the Conservation Restriction authorized
hereby, including without limitation the execution of an amendment to the Conservation
Restriction to accomplish the Release and the acceptance of the Addition. The necessity
or appropriateness of each such document or action shall be conclusively evidenced by
the execution and delivery or the taking thereof by the Conservation Commission and/or
the Board of Selectmen; and
3) To authorize the Town to file a petition with the Massachusetts Legislature in
order to obtain the Legislature's approval of the amendment to the Conservation
Restriction authorized hereby, including without limitation the Release and the Addition.
Copies of this amendment, the Conservation Restriction, and the plan
referred to in this Article have been placed on file and are available for public
review at the office of the Town Clerk; at the office of the Board of Selectmen; at the
research desk of the North Andover Public Library; and on the Town website at
www.townofnorthandover.com.
CONSERVATION RESTRICTION-BOSTON HILL
014 NO—
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VOTED MAY 13, 2009