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March 21, 2011 Annual Town Meeting, cont. § 135-71B. A.slicabilit . No building permit shall be granted for the erection of a new building or the enlargement or renovation of an existing building with the result that: 1) There are 10,000 square feet or more of gross floor area on the lot, including any existing floor area,but not including any floor area devoted to residential use or to off-street parking, or 2) There are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units, or 3) The number of parking spaces is increased by 25 or more and there are 50 or more parking spaces, including any existing parking spaces, on the lot, unless a special permit with site plan review has been granted and the SPGA has made a determination that the streets and intersections affected by the proposed development have, or will have as a result of traffic improvements, adequate capacity, as set forth in § 135-73,to accommodate the increased traffic from the development. The requirement for a special permit with site plan review(SPS) does not apply to a religious or nonprofit educational use, as described in § 135-9E(1). Notwithstanding the foregoing,the requirements of this Article XII shall not apply to the Center Business (CB) District, or to developments in a Transportation Management Overlay District that elect to comply with the requirements of§135-43C. Gregory Zurlo, Planning Board Chairman, outlined requested action. 8:19 p.m. Deborah Mauger reported unaimous support of the Selectmen Mr. Zurlo responded to questions regarding potential traffic impact. Adopted Unanimously 8:22 p.m. Presented by Thomas Fenn, pr.9. ARTICLE 40: AMEND ZONING BY-LAW—CRS ZONE— 1095 MASSACHUSETTS AVENUE (Owner Petition) MOTION: That this article be referred back to the Planning Board. Mr. Fenn reviewed requested action. 8:23 p.m. Hank Manz reported unanimous support of the Selectmen. 8:23 p.m. Richard Canale moved the report of the Planning Board on Article 40 be received and placed on file. Adopted Unanimously Richard Canale spoke to the Planning Board's report, article position, and unanimous support for referral. 8:24 p.m. Members spoke in support. Adopted Unanimously 8:26 p.m. Presented by Richard Canale. ARTICLE 41: AMEND ZONING BY-LAW—HARTWELL AVENUE LAND TO CM ZONE MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. Text of Planning Board Report: MOTION: Move that the Code of the Town of Lexington, Zoning By-Law and the Zoning Map of the Town of Lexington, be amended by changing the zoning district designation of that property shown as Lot 14 on Assessors' Property Map 73, now or formerly of Hartwell Hospitality, LLC, from RO (one-family dwelling) to CM (Manufacturing). Planning Board Chairman Gregory Zurlo reviewed requested action. 8:30 p.m. Peter Kelley reported unanimous support of the Board of Selectmen. Gregory Zurlo responded to questions regarding involvement of the Conservation Commission and purpose of rezoning. Selectman Norman Cohen responded further to requests of the property owner. Gregory Zurlo read a memo on behalf o f the Conservation Commission. 8:38 p.m. Planning Board member Wendy Manz continued to explain the rezoning request and involvement of the Conservation Commission. Planning Board members Zurlo, Manz, and Canale continued to respond to