R I EM E R IB R A UN S TE I N

February 11, 2019

Robert C. Buckley rbuckley@riemerlaw.com (617) 880·3537 direct (617) 692-3537 fax

VIA HAND DELIVERY FEB 11 2020 Mr. Joseph Morandi Chairman, Board of Selectmen Town of Burlington 29 Center Street Burlington, MA 01803

RE: May 2020 Annual Town Meeting Warrant Article - 200 Summit A venue, Burlington, MA

Dear Mr. Chairman and Members of the Board of Selectmen:

This office and the undersigned represent The Gutierrez Company and their related entitles, Arthur J. Gutierrez, Jr. and Gloria M. Gutierrez, Trustees of Burlington January 1998 Realty Trust, u/d/t dated January 1, 1998 and recorded with the Middlesex South Registry of Deeds in Book 28569, Page 207, as amended of record (the "Petitioner") and the record title holder of the property located at 200 Summit Drive, Burlington, Massachusetts consisting of 4.279 acres of land as said land is further identified as being the parcel shown generally on the Town of Burlington Assessor's Map 56 Parcel20-0 and more particularly shown on the plan entitled "Limits of Proposed Re-Zoning Summit Drive- Burlington, Ma. Lot 200", dated February 7, 2020, attached hereto as Exhibit A (the "Property").

At the January 2020 Town Meeting, Town Meeting Members voted unanimously to support the promotion of life science development in the community by rezoning three parcels of land to the High­Rise Industrial (IH) zoning district (the "IH District"). One of those parcels, 400-600 Summit Drive is now in a position to attract or retain life science companies because the site is now "lab ready".

The Property was not included as part of the rezoning because it is encumbered by a mortgage from an institutional lender (the "Lender") which necessitated consent by the Lender in order to undertake a rezoning petition, which during the time of the January 2020 Town Meeting process had not yet been obtained. The Petitioner recently received such consent and therefore as a housekeeping matter would like to rezone the Property to the IH District in order to create an opportunity for an integrated, uniformly zoned "life science campus".

As such, the Petitioner respectfully requests that the Board of Selectmen place on the May 2020 Town Meeting Warrant the enclosed petition to rezone the Property to the High-Rise Industrial (IH) District, which could not be included in the January 2020 Town Meeting Warrant. For your consideration of this request, please see the enclosed draft warrant article, associated Property layout plan and the applicable filing fee in the amount of $2,139.50 made payable to the Town of Burlington.

Riemer & Braunstein LLP 700 Dist<ict Avenue · Burl ington, MA 01803-5008

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Joseph Morandi February 11, 20 19 Page 2

We respectfully request that this Warrant Article be transmitted to the Planning Board for their consideration and commencement of the requisite statutory public hearing process. If deemed appropriate, the Petitioner would also be pleased to appear at a future Board of Selectmen meeting to discuss this Warrant Article.

Please do not hesitate to contact me should you have any questions related to the above.

Enclosures

cc: Paul F. Sagarino, Jr., Town Administrator (w/enclosures) Barbara G. L'Heureux, Chairwoman Planning Board (w/enclosures) Kristin Kassner, Planning Director (w/enclosures) Amy Warfield, Town Clerk (w/enclosures) Shari Ellis, Chair of Zoning Bylaw Review Committee (w/enclosures) Monte Pearson, Chair of Land Use Committee (w/enclosures) Scott Weiss, The Gutierrez Company (w/enclosures)

2587791.1

Riemer & Braunstein LLP