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No one spoke in favor of the petition. <br /> No one spoke in opposition. <br /> Hearing was closed at 8:40pm. <br /> Decision on variance: On a motion by Arthur Smith and seconded by Maura Sheehan the board voted 5- <br /> 0 to grant the special permit with the following conditions: <br /> A. Applicable Zoning By -Law Except as modified by the provisions of the PSDUP approved <br /> by the 2005 Annual Town Meeting under Article 9 which are incorporated in the DSDUP, <br /> the land and development in this Planned Commercial District is subject to the 2004 Zoning <br /> By -Law, Chapter 135 of the Code of the Town of Lexington, as amended through the 2004 <br /> Town Meeting. <br /> B. Transfer Any sale or transfer of rights and interests in the property in this Planned <br /> Commercial District shall include a condition that successors and assigns are bound to the <br /> terms and conditions of this Preliminary Site Development and Use Plan and of any Special <br /> Permit with Site Plan Review (SPS) or other Special Permit granted by the Board of Appeals <br /> for this zoning district. <br /> C. Traffic and Transportation Demand Management Petitioner's Transportation Demand <br /> Management Plan is as follows: <br /> 1. Sidewalk by the handicapped parking spaces shall be extended the length of the <br /> parking spaces. <br /> 2. Information about fixed route transportation services available, including MBTA bus <br /> and subway service, and the LEXPRESS bus service will be obtainable upon request <br /> and prominently displayed in a common area of the property for use by employees. <br /> 3. Bicycle racks that are secure shall be provided for use by employees and customers. <br /> 4. Petitioner shall maintain implementation of the provision of 1 and 2 above as owner <br /> occupant and /or through tenant leases of the building. <br /> 5. Petitioner shall make an annual $3,500 contribution to the Town of Lexington, <br /> payable on or before January I of each calendar year, to be used to fund /support the <br /> LEXPRESS transportation system and /or Town of Lexington Transportation <br /> Coordinator. <br /> Petitioner agrees that the annual $3,500 contribution above shall be adjusted annually <br /> for inflation based upon changes in the Consumer Price Index for all Urban <br /> Consumers, U.S. City Average, All Items (1982 — 1984 = 100), published by the <br />