2006-04-27-ZBA-min - Laserfiche WebLink

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April 27, 2006 Minutes 9 Furthermore, the Board finds that the Applicant's goal of maintaining the historic design of the Site, and of maintaining open space within the central portion of the Site, has required that a portion of the parking areas for the Project be located within the setback areas along the Metropolitan Parkway North. The difference in grade between the Metropolitan Parkway North and such parking areas will minimize the visibility of such parking areas from the Metropolitan Parkway North. Owing to the unique circumstances related to the shape, character and design of the Site, as well as the requirements of the Reuse Plan, and owing to the fact that these unique circumstances and requirements do not generally affect land in the RD District, the Board finds that a literal enforcement of the requirements of the By -Law would prevent the construction of the Project as approved by the Lexington Town Meeting and impose severe and substantial hardship on the Applicant. Due to the open space surrounding the Site, and differences in grade that will reduce the visibility of certain parking areas from the Metropolitan Parkway North, the relief requested may be granted without nullifying or substantially derogating from the purposes of the By -Law. Finally, in light of the benefits of the Project to the Town of Lexington, as evidenced by the approval of the Project by the Lexington Town Meeting, the desired relief may be granted without detriment to the public good. The Board also finds that the renewal of the Variance is necessary for the Project to be constructed substantially in accordance with (i) the PSDUP, as revised by the DSDUP and the plans submitted with the DSDUP, and (ii) the Special Permit With Site Plan Review granted to the Applicant by the Board on October 14, 2004, filed with the Office of the Town Clerk on November 23, 2004, and recorded with the Registry on December 15, 2004 in Book 44300, Page 158 (the "Special Permit "). Decision: On a motion by Arthur Smith and seconded by John McWeeney, and by a unanimous vote, the Board hereby GRANTS A RENEWAL OF THE VARIANCE from § 135 -67 B of the By -Law to the Applicant WITH THE FOLLOWING CONDITION: This renewal of the Variance is only valid in conjunction with the use of the Site as provided in (i) the PSDUP, as revised by the DSDUP and the plans submitted with the DSDUP, and (ii) the Special Permit.