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Home My WebLink AboutAPR Permit 82914 SPECIAL PERMIT TO CONDUCT LIMITED COMMERCIAL NON-AGRICULTURAL ACTIVITIES ON LAND SUBJECT TO AN AGRICULTURAL PRESERVATION RESTRICTION The Massachusetts Department of Agricultural Resources received an application for a Special Permit from H. Michael Smolak Jr., the current owner("APR Owner") of land located at 315 South Bradford Street, North Andover, Essex County, subject to an Agricultural Preservation Restriction ("APR"). The APR on this land was granted to the Commonwealth of Massachusetts by Martin Smolak, Helen R. Smolak, and H. Michael Smolak Jr. on March 9, 1983 and recorded at the Essex North Registry of Deeds in Book 1652, Page 181. The APR Owner seeks a Special Permit under section 23 (b) of Chapter 20 of the General Laws to conduct limited, commercial, non-agricultural activities on a portion of the APR as follows: 1 To conduct farm to table events, such as dinners (seven scheduled at time 7 of application, for which ticket admission prices are charged), weddings, and corporate events throughout the year. Temporary structures, such as Z tents or platform floors, may be utilized for various events. Attendance for events varies from 20-80 for corporate events to 60-120 for farm to table dinners. Parking for events takes place off the APR. Products from the farm, including small fruits, mixed vegetables, ice cream, and bakery items, are used for events. There are no contracts in place for any event. Owner requests that these events occur in the locations identified on the attached Exhibit A. The Department has determined that the proposed non-agricultural activities meet the requirements for the issuance of a Special Permit and that the Agricultural Lands Preservation Committee at a duly authorized meeting on June 24, 2014 determined that the activities will not defeat nor derogate .4 from the intent and purpose of retaining the land for agricultural use and preserving the natural agricultural resources of the Commonwealth. Therefore,the Commissioner of the Department of Agricultural Resources grants a Special Permit for the limited, commercial, non-agricultural activities, listed above. The Special Permit does not release the APR Land or any part thereof, or any new or existing structures or improvements thereon, from the terms and conditions of the APR. This Special Permit is subject to and contingent upon compliance with the following additional conditions: 1. APR Owner shall complete and submit an income statement, by December 1St of each year,to the Department. The statement will reflect, in detail,the gross income received as a result of the agricultural uses of the APR and the gross income from the non-agricultural activities conducted under the terms of this Special Permit. Smolak APR(1/12/1983), South Bradford Street,North Andover,Essex County,MA Special Permit to Conduct Limited Commercial Non-Agricultural Activities On APR July 2014 2. This Special Permit is issued to the APR Owner only; is non-assignable and shall terminate automatically upon any transfer of ownership of, or record title to,the APR Land. 3. This Special Permit is issued only for the types of events described above. 4. This Special Permit is issued only for the duration of five years, after which the APR Owner may re-apply for a renewed Special Permit. 5. No grading, excavation or alteration of the APR Land or construction processes of any kind shall be permitted on said Premises to benefit the above referenced activities or otherwise. 6. No new structures will be constructed to support the events listed above; all temporary structures will be removed immediately following the conclusion of the events listed above. 7. The events will not be conducted in a manner such that they will have adverse impacts on the soils, water resource or other natural resources of the protected land. 8. Violation by the APR Owner of any condition or requirement of this Special Permit, or of the Department Special Permit Policy, the terms of the APR, any provisions including special permit provisions of the current Department Agricultural Preservation Restriction agreement document, or special permit provisions of Chapter 20, section 23 (b) of the Massachusetts General Laws, shall be cause for immediate termination of this Special Permit. 9. MDAR may conduct site visits, with advance notice provided, and within a reasonable time period after the expiration of this Special Permit. 10. The APR Owner shall, within 21 days of the receipt of the Special Permit, record it with the Essex North Registry of Deeds at APR Owner's expense and provide the Department with a copy of the recorded document. In the event that the Special Permit is not recorded within a period of 21 days, unless the period is extended at the request of the APR Owner and approved by the Department, the Special Permit shall be null and void. 11. If unforeseen circumstances or other factors prevent the APR Owner from complying with the terms of the Special Permit, the APR Owner shall immediately notify the Department in writing. 12. If the APR Owner fails to comply with the terms of the Special Permit, upon request of and at the sole discretion of the Department, the Owner shall take such remedial action as prescribed by the Department to end the non-conformity, including, but not limited to, bringing the activity into compliance with the Special Permit, and returning the APR Parcel to its prior condition. 2 Smolak APR(1/12/1983), South Bradford Street,North Andover,Essex County,MA Special Permit to Conduct Limited Commercial Non-Agricultural Activities On APR July 2014 Executed under seal the 0`� day of , 2014. The Commonwealth of Massachusetts By: Greg a son, C missioner, D artment of Agricultural Resources COMMONWEALTH OF MASSACHUSETTS �._ r-'to L,�-c , ss A, zr , 2014 On this - S day of /�,,�,� 2014, before me, the undersigned Notary Public, personally appeared the above-med Gregory C. Watson who proved to me through satisfactory evidence of identification, namely�-(�-Sr,,�k-A, , to be the person whose name is signed on this document, or the preceding or the attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: MICHAEL C. DEMAKAKOS U1.Y Notary Public Commonwealth of Massachusetts ivty Commission Expires November 18, 2016 After Recording PLEASE RETURN TO: Delia Delongchamp Mass. Dept. of Agricultural 251 Causeway Street, Suite 500 Boston,MA. 02114 3 R € CEIPT Printed: August 29, 2014 ® 11:41:11 Essex North Registry M. Paul Iannuccillo Register Trans#: 14232 Oper:KEVINA 315 SOUTH BRADFORD ST Book:z 139633 Paige:6218®clnst#:619152 Ctl#: 144 Rec:8-29-2014 ® 11:41:08a NAND 315 SOUTH BRADFORD ST DOC DESCRIPTION TRANS AMT NOTICE 20.00 Surcharge CPA $20.00 50.00 50.00 recording fee 5.00 5.00 TECH FEE Total fees: 75.00 *** Total charges: 75.00 CHECK PM 31189 75.00