2010-06-03-ZBA-min - Laserfiche WebLink

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BOA Meeting, May 13, 2010 4 4.Applicable Zoning By-Law: The land and development in this CD-9 Zoning District is subject to the provisions of the 2009 Zoning By-Law and approved only for the specific uses and provisions of such By-Law as noted within the Amended PSDUP. 5.Transfer: Any sale or transfer of rights and interests in the Property in this Planned Commercial District shall include a condition that successors and assigns are bound to the terms and conditions of the DSDUP, or any SPS decision granted by the Zoning Board of Appeals for this Planned Commercial District. 6.The applicant shall comply with the Traffic Mitigation and Traffic Demand Management Plan incorporated into the Amended PSDUP as referenced in Section VI. Special Condition Section (Special Condition C) of the DSDUP, Appendix F of the DSDUP, and as memorialized in the Memorandum of Understanding, dated October 30, 2009, as described in Appendix G of the DSDUP. 7.Conservation Measures. An annual contribution of $5,000 shall be made jointly and severally by the fee owners of the properties in the CD-9 District to the Town Conservation Commission for maintenance and upkeep of the Hayden Woods Conservation Area, as directed by said Conservation Commission. Trail access and parking to the public will be provided to the public in the evening and on weekends. The Applicant shall delineate such parking spaces and provide signage to further clarify the public access area. Conditions applicable to 65 Hayden Avenue SPS 8.Gross Floor Area Addition. The gross floor area of the Area B (65 Hayden Ave) Improvements shall not exceed 204,000 square feet of the occupied building area and 156,000 square feet of structured parking garage space. The maximum net floor area of the proposed occupied building space shall not exceed 163,000 square feet. 9.Sustainable Design and Construction. The additional floor area permitted pursuant to this DSDUP shall be constructed using, as a guideline, The Leadership in Energy and Environmental Design (LEED) “Silver Standard” in effect as of this DSDUP to the extent commercially reasonable and to the extent that clear LEED standards for a given use or building types have been issued, and subject in all instances to the requirements and limitations of any tenants. The Applicant shall provide the Building Commissioner or Zoning Enforcement Officer of the Town with evidence of compliance with this commitment which shall included certification from the Applicant’s consultants. 10.Prior to the issuance of a building permit for construction at 65 Hayden Avenue, the Applicant shall submit to the Building Commissioner a construction management plan detailing, among other things, parking, material storage, traffic circulation, utility installations during construction of the project, and any other information the Building Commissioner deems appropriate. Said plan shall be in a form suitable to the Building Commissioner. 11.During construction at 65 Hayden Avenue, Chapter 80, § 80-4(A) (Construction/private service maintenance power equipment) of the Code of Lexington shall be adhered to. 12.The applicant shall direct contractors and consultants to not utilize Shade Street for construction vehicle traffic when traveling to or from the site.