SECTION 1.   The conservation commission and the board of selectmen of the town of North Andover may release a certain conservation restriction granted to the town by Boston Hill Development, LLC on June 13, 2006 and recorded at the North Essex registry of deeds in book 10282 at page 272.  The conservation restriction was granted to the town of North Andover on 18.74 acres of a 33.35 acre parcel by Boston Hill Development, LLC and 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”  dated January 29, 2009 and prepared for Elm Development Services, LLC. 200 North Main Street, East Longmeadow, MA 01028 by Marchionda & Associates, L.P.

SECTION 2.  In consideration of the release set forth in section 1, Boston Hill Development, LLC shall convey a conservation restriction to the board of selectmen and conservation commission of the town of North Andover on 25.14 acres of said 33.35 acre parcel to reflect the modification of the grantor’s proposed development plans.  This conservation restriction is shown as “Open Space Parcel ‘A” above the title “PROPOSED MODIFIED CONSERVATION RESTRICTION (WITH CURRENTLY PROPOSED DEVELOPMENT)” on the plan entitled “PROPOSED MODIFICATION TO CONSERVATION RESTRICTION, THE BOSTON HILL PREMISES NORTH ANDOVER, MA”  dated January 29, 2009 and prepared for Elm Development Services, LLC. 200 North Main Street, East Longmeadow, MA 01028 by Marchionda & Associates, L.P.

SECTION 3.  The conservation commission and the board of selectmen of the town of North Andover shall take all actions they deem necessary or advisable in their sole discretion to carry out the release of the conservation restriction and acceptance of a new conservation restriction as set forth in sections 1 and 2, including, without limitation, the execution of any and all documents relative thereto.