11/04/2005
From: Maureen Sullivan, Mitch Feldmesser, John & Mary Richardson, Githa Jozsef, Kathleen O’Brien, Michael & Ruth Feldberg, Joan Almori, Gail Beare, Elizabeth & Gregory Carpenter.
My clients offer to dismiss the appeal if your clients will accept the following conditions.

Terms and Conditions of Settlement:

Your clients (AzureGreen & the Town of Middlefield) will accept a special permit that contains the following terms and conditions:
#1 – There shall be no more than a maximum of 12,000 square feet of floor space.
#2 – There shall be no more than a maximum of 35 full time equivalent employees.    
Any proposal larger than those conditions laid down in number one and/or two would be considered only after completion of a traffic study including but not limited to;
1) Current traffic counts at including but not limited to;
a) Chester-Middlefield town line on Chester Road, 
b) Skyline Trail approximately 1-mile northwest of Bell Rd.
c) Bell Road between Skyline Trail and 16 Bell Rd.
d) Bell Road between Arthur Pease Rd. and 16 Bell Rd.
2) Proposed number of FTEs at the proposed facility,
3) Impact of trips generated by the proposed number of FTEs 
#3 – There shall be  only one loading dock with one loading bay. 
#4 – No more than a maximums of 35 parking places and no parking in any areas other than designated parking spaces and no parking on the shoulders of the driveways. 
#5 – All dumpster(s) and recycling container(s) shall be screened from view from Bell Road.  
#6 – There shall be neither light manufacturing nor manufacturing. 
#7 – The subletting of space in the building and on the property is prohibited. 
#8 – The business hours shall be Monday through Friday from 9:00 am to 5:00 pm.  
#9 – There shall be no on-site retail sales. 
#10 – All deliveries and pick-ups shall take place during business hours only. 
#11 – All exterior lighting shall be downward facing and turned off no later than one hour after closing and shall remain off until being turned on no earlier than one hour before opening. Any interior lighting which is visible from the exterior of the building shall be shut off no later than one hour after closing and remain off until turned on no earlier that one hour prior to opening. The minimum of safety lighting as required by law shall be installed and utilized in accordance with Massachusetts State Building codes and Safety codes. 
#12 –The entire Structure and parking area(s) shall be fully screened year round from view from the road and plaintiffs properties by plantings. Plantings shall be designed and installed to provide full screening within five years of any Certificate of Occupancy and shall be continuously maintained by a professional landscaper. 
#13 – Both the Town of Middlefield Zoning Bylaws and the Massachusetts Building Code shall be strictly adhered to.  
#14 –The oversight of drainage and septic design and installation shall be by an engineer working for the plaintiffs of the land court case and paid for by AG. 
#15 – There shall be a  conservation easement on the remaining property on Bell Road and there shall be no future building expansion. 
#16 – There shall be neither  public accommodations nor restaurants 
#17 – There shall be no living quarters and/or overnight habitation.  
#18 – The Middlefield Post Office shall not be located on property in which Asure Green/Abyss Distribution now has any title or beneficial interest.. 
#19 – All conditions shall be monitored. 
#20 – All the conditions listed above are contingent on a comprehensive wetlands evaluation.