Agreement - Pequit View - Barletta pdf file

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32. The Applicant shall pay to the Town the additional sum of Twenty-five Thousand Dollars
($25,000.00) thirty (30) days after the issuance of the first building permit for Parcel A, if such
permit is not appealed, or upon final determination of any appeal in the Applicant’s favor. In the
event of an appeal, the Applicant shall make such payment within forty-five days of the final
dismissal, or denial or determination of, the appeal in favor of the Applicant. The payment shall
be made pursuant to the provisions of G.L, c. 44, s. 53A and form of payment shall be approved
by the Board’s legal counsel. The funds shall be used by the Board after consultation with the
Canton Conservation Commission to make improvements to an existing dam on Pequit Brook
and to protect the spotted turtle or for other conservation purposes relating to the Pequit View
site or the adjacent Pequit Brook as may otherwise be determined by the Board after consultation
with the Conservation Commission. The Applicant shall not have any obligation to make this
payment unless a building permit issues for the Pequit View project and is not appealed or any

appeal is determined in the Applicant’s favor.

33. The Applicant shall provide for the-design and construction of the following recreational
improvements on the Ward Well property; such construction is subject to the Applicant and the
Town of Canton obtaining any and all permits and approvals for construction, including but not
limited to approval(s) from the Conservation Commission:

A. Two (2) soccer fields with irrigation and parking area according to the specifications
attached as Exhibit A, including water and electrical connections necessary to permit

utigation use.

2      B. A field house structure measuring 39 feet by 39 feet, with separate toilet facilities for
both men and women, available area for storage, and concessions. The field house
structure shall be served by public water and electrical service, with an appropriate
wastewater disposal system. The Applicant shall be required to expend not more than
$100,000.00 in the construction of the field house; excluding the cost of water,
wastewater disposal, and any necessary utility connections.

C. A parking area suitable for seventy (70) cars.

34. The recreational fields and other improvements set forth in Condition #33 are to be generally
located as set forth on Exhibit B, a copy of which portion is attached hereto for reference, and
shall comply with applicable zoning or other legal requirements. No significant work shall be
required or conducted in any wetland buffer zones.

35. The final design of the recreational fields and other improvements set forth in Condition #33
shall be approved by the Board, such approval not to be unreasonably withheld or delayed. The
Board hereby requires the establishment of an escrow account to assure the payment of technical
review reasonably incurred by the Town for such fields and other improvements. The Applicant
shall deposit $10,000.00 in this escrow account within thirty (30) days of the issuance of any
building permit in Pequit View. The Applicant shall not be responsible for payment of costs of

such review that exceed $10,000.00.