APPLICATION FOR APPROVAL OF A DEFINITIVE SUBDIVISION FORMC. 25 Center Street, Burlington MA Planning Board. Town of Burlington

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1 Town of Burlington Planning Board 25 Center Street, Burlington MA Phone: development/plarming.php FORMC APPLICATION FOR APPROVAL OF A DEFINITIVE SUBDIVISION To: The Planning Board Town of Burlington, Massachusetts Date: "\e undersigned applicant being the owner, agent or within the proposed subdivision shown on the plan which is: Entitled: 68 Wilmington Boad, Burlington, MA. Prepared By: Medford Engineering and Survey Dated: May 28, 2014, Located: 68 Wilmington Rd., Burlington, MA. 7 Shown on the Town's Assessor's Map(s): see attached deed Being land bounded as follows: asparcel(s):_ 21-0 Number of Lots Proposed:, Total Acreage of Tract: 95,732 sq. ft.? Hereby submits said plan as a Definitive Subdivision Plan in accordance with the Rules & Regulations of the Burlington Planning Board and makes application to the Board for approval of said plan. The undersigned's title to the land being subdivided is: _ Horst A. Bernoth Derived from: By Deed Dated: 12/19/1986 _, Recorded in the Middlesex South District Registry of Deeds, Book: 18441, page: 162. OR Registered in the: ^.Registry District of Land Court, Certificate of Title No.:. j and is free of encumbrances except for the following: Definitive Subdivison Iof3

2 Said plan HAS (l HAS NOT) evolved from a Preliminary Subdivision Plan submitted to the Planning Board on and APPROVED: WITH MODIFICATIONS / DISAPPROVED (circle one) on (Please PRINT) 1. Applicant Michael Sylvester Name: Tel: Company: Mailing Address: 68 Wilmington Jtoa.d, Burlington, MA Signature: 2. Property Owner (if same as applicant, write "same") SAME Name: Tel: Company: Mailing Address:^ Signature: 3. Attorney or Legal Representative Name: Thomas F. Murphy, Jr. trnurphy@sheamurphygu.lde.com Tel: Company: Shea, Murphy & Guide, P.C. Mailing Address: 35 Center Street, Burlington, MA Engineer. Designer or Architect Name: Richard Mede ordsurvey. com Tel: Company: Medford Engineering and Survey Mailing Address: 15 Hall Street, Medford, MA Q of 3

3 r FILING INSTRUCTIONS Tt is recommended that you call prior to filing an application to arrange a submission appointment with the Senior Planner Upon completion of the application, file the following with the Planning Department:» Completed original application and two copies (all pages) Completed Form D (Designer's Certificate) Twelve folded paper copies of the plan One set of submittal material and plans must also be in electronic pdf format A certified abutter's list obtained from the Town Assessor's Office with a completed Form "E" (abutters certification) Application Fee (Check or Money Order made payable to The Town of Burlington) The Planning Department will stamp the application and the copies "received" and issue a receipt for the fee. The original application, both copies and two copies of the plan will be returned to you for filing with the Board of Health (copy of application, and plans) and the Town Clerk (copy of application). The Board of Health will stamp the original application and both copies "received" and retain one copy of the application and the plans. The Town Clerk will then stamp the original application and one copy "received" retain the copy and return the original application to you which you will return to The Planning Department. Planning Department: Application & Fee Received By (Stamp/Initial): Amount: 1 0 (0 O * ^ Planning Department Receipt #: 1 ' O O ^ V^/ ' <^2>^vo, Town Clerk: Application Received By (Stamp/Initial): JUN2UOW Received ^ ^ ^_I -fc (^jl b rn rn a Board of Health: Application & Plans Received By (Stamp/Initial): RECEIVED BURLINGTON BOARD OF HEALTH D 3 of 3

4 JOHNj. GULDE, JR. THOMAS F. MURPHY, JR. JACQUELYN S. MAGNARELLI THOMAS F. MURPHY [RET) CHARLES L. SHEA, 1975 SHEA, MURPHY & GULDE, F.C. ATTORNEYS AT LAW 35 CENTER STREET BURLINGTON, MA T: F: 7S S SHEA, MURPHY & GULDE, EST HAND DELIVERED June 24, 2014 Kristin Kassner, Planning Director Planning Board Town Hall Annex Center Street Burlington, MA Planning Department Received Re: Michael Sylvester 68 Wilmineton Road. Burlington Dear Kristin: I represent the above referenced Michael Sylvester who is seeking to split his lot at 68 Wilmington Road. My client's current lot consists of 95,732 square feet of land with 104 feet of frontage on Wilmington Road. He is seeking to divide the property into two lots as shown on the submitted plan. The proposed Lot 1 will contain 74,662 square feet of land with feet of frontage and Lot 2 will contain 21,070 square feet of land with feet of frontage. My client received a Variance from the Board of Appeals on April 1, 2014 (copy enclosed) approving the two lots despite them.both having less than 100 feet of frontage as required by the Zoning By-Laws. With the granted Variances the lots are legal lots but because they have less than the required frontage we must proceed with a Definitive Subdivision Plan with waivers, as opposed to an ANR Plan. I have also enclosed a list of waivers that have been voted in the past with respect to similar submissions. My client has also been to the Conservation Commission and recently received an Order of Conditions from them" approving the proposed construction of the new house. Case law provides that the Planning Board's major concern in these types of submissions is whether there is sufficient access to the newly-created lots. My client has lived in the existing house since 1986 and over that time he has used the existing driveway without any problems. The proposed plan shows that the new house will share the existing driveway as the Conservation Commission did not want a new driveway constructed for the new house as it would require a new bridge over an existing brook.

5 SHEA, MURPHY & GULDE, RC. ATTORNEYS AT LAW I understand that the fire department and the police department have concerns with shared driveway arrangements however in this situation there will be only two houses sharing the driveway. In my recent experience, specifically with the Margaret Road proposal and, anecdotally, the proposal off Muller Road, the serious concerns arise when there are five or more houses seeking to use the same access. The fire department had approved 4 lots sharing the Margaret Road driveway but they drew the line at 5, and I believe the Muller Road proposal called for 5 or 6 lots on a shared driveway and that was not approved. In any event this proposal only calls for 2 houses sharing the driveway and there appears to be sufficient room to avoid some of the concerns that are generally raised with respect to shared driveways. I have also created a Mutual Easement document, a copy of which is attached, in which owners of each lot give cross-easements as well as agree to conditions and restrictions with respect to the shared driveway. This document will be recorded at the Registry of Deeds and all owners of the two lots will take title subject to the provisions of the document. If you have any questions regarding the submission, or need anything further from my client or me, please do not hesitate to call. Very Truly Yours SHEAJtfURPHY, LDE,P.C. TFMJ:emw rmurphy/jr

6 REQUESTED WAIVERS FROM SUBDIVISION RULES AND REGULATIONS FOR PLAN ENTITLED "DEFINITIVE SUBDIVISION 68 WILIMINGTON ROAD" SUBMITTED BY MICHAELSYLVESTER, SAID PLAN PREPARED BYMEDFORD ENGINEERING & SURVEY DATED JANUARY 20, 2014, REVISED TO MAY 28, 2014 Planning JUN Received The Applicants request Waivers from the following sections of the Subdivision Rules and Regulations: Section 3.7 Section Section Section 6.16 & Section & Section Section Section 6.2.1l(a) Section (c) Section Section Section Section Section 6.3 Section 6.5 Section 10.1 Section 10.2 Section 10.3 Construction Inspection Fee Centerline borings at 100' intervals Existing and proposed roadway grades Impact statement Street lighting Locus plan at 1"=500' Proposed Street addresses All existing improvements Waterways 300' beyond property line Topography 300' beyond property line Elevation of sewer laterals for each lot Location and base elevation of existing and proposed hydrants Proposed street light locations Form and content of Way and Profile Plans Impact statement General requirements of street Width and grade of street Intersection of ways

7 Section 10.4 Section 10.5 Section 10.6 Section 10.8 Section Section SectionlO.13 Section Section Dead end streets and cul-de-sacs Curbing Sidewalks and driveways Fire hydrants/alarm systems Parks/open space Signs Cul-de-sac plantings Construction of ways Looped water line Submitted by Applicant Michael Sylvester, by his attorney:

8 TOWN OF BURLINGTON Board of Appeals Town Hall 29 Center Street Burlington, MA OIS03 rr." M- 0 1 I **> * Board of Appeals Phone:' f7gn Main Town Hall Phone: (731) Fas: (781) Recording Clerk: Jo-Ellen Carldn Department JUN 2 Received I.. - J * * ^"** "Bria'ris of Appeals Members John Albsrghim, Chair William Gafihey, Vice Chair Joseph Morandi. Clerk Neil Kane Alternate: James HaUoran Charles Viveiros Office of the Board of Appeals Case Number Wilmington Rd. Burlington, MA For Subdivision Granted with conditions Record of Proceedings and Decision Applicant; Property: Owner: Proceedings: Michael Sylvester 68 Wilmington Rd. Burlington, Ma, 01:803 68Wilmington Road Burlington, MA Michael Sylvester 68 Wilmington Rd, Burlington MA In the matter of the Petition of Michael S5rlvester located at 68 Wilmington Rd, Burlington MA for a variance to divide property from 1 into 2 lots, with "Lot 1" having a 70.33' of frontage and "Lot T having a 33.36' of frontage, with both being allowed to be buiidable lots. Petition was filed with this Board for a variance on: March 11, 2014 seeking relief from Article V Section for property as shown on Map 7, Parcel 21 of the Assessors Map of Burlington. Prior to such public hearing, notice of'the tune and place of such hearing and of the subject matter was published in the Daily Times Chronicle on: March 17. and March 21, A copy of the publication is attached hereto with notice of the time, place and subject matter also being sent to the following Planning Boards: Bedford,.Billerica3 Burlington, Lexington, Wilminstoaiad Aofevira-&s-rtTOH, as abuttin property owners. soon $0OWN CLERK

9 Jase Number Wilmington Rd, Burlington, MA. For Subdivision Decision - Part 1 The request was for a variance to divide property from 1 into 1 lots, with "Lot 1" having a 70.33' of frontage and "Lot 2" being allowed to have 33.36' of frontage with both being allowed to be buildable lots. The public hearing was closed. See page 3 for detailed information. Notice of this decision shall be mailed forthwith to the Planning Board, Building Department, Board of Selectmen and abutting property owners. According to Chapter 40A of the General Laws, any necessary actions permitted by this variance must be commenced within one year of its issuance. Signed:^ I. // &JI f\. airman Claudia Augustin of the -Town'6f Bujlirtgton hereby'certify that.fio Appeal 'been; taken within 20' days after, the approval, of'this.variance by the Bd. of Appeafe pf said tojwn. ' s Viveiros. A TRUE COPY ATTEST: /} jf CWtLu C-- ~r>f-\t. An TOWN CLERK BURLINGTON, MASSACHUSETTS

10 rase Number Wilmington Rd, Burlington, MA. For Subdivision The petitioners explained the hardship was the same as the previous application granted on February 19, 2013, The hearing opened on April 1, The subdivision was approved on that date. Decision Part 2 On Tuesday, April I, 2014, the Burlington Board of Appeals voted to grant a variance to divide property at 68 Wilmington Rd.3 Map#7, Parcel#21 as shown on the Assessor's Map of Burlington, from 1 lot rnto 2 buildable lots, with "Lot 1" being allowed to have 70.33' of frontage and "Lot 2" being allowed to have 33.36' of frontage as shown on plans dated Jan. 20, 2014 file number submitted on March 11, 2014 with the timestamp of 3:51P.M with the condition that arborvitaes be planted along the property line for the length of the new physical structure plus an additional 10 feet on both sides of the building. Reason for Hearing: Violation of Article 5, Section 5,2.0. See plans on file with the Town Clerk's office. Applicant: Michael Sylvester Applicant's Representation: Thomas Murphy, Shea,'Murphy & Guide, P.C. Reason for Hearing: Violation of Article 5, Section Voting in favor: John Alberghini, William Gaffiiey, Joseph Morandi, Claudia Augustin and Charles Viveiros. Voting against: none For reference, the following members and alternate members were present at the Public Hearing: John Alberghini, Joseph Morandi, Claudia Augustin, Alternate Charles Viveiros and James Halloran Not present: Neil Kane and James Halloran, A TRUE COPY ATTEST: WN CLERK BURLINGTON, MASSACHUSETTS A!~\i A ROPD

11 Planning Department Received DECLARATION OF EASEMENT AND RESTRICTIONS Now comes Michael Sylvester ("Sylvester") of 68 Wilmington Road, Burlington, MA, being the owner of Lot 1 and Lot 2 on a plan entitled :C6S Wilmington Road, Burlington, Mass", prepared by Medford Engineering & Survey and recorded herewith, and states as follows: WHEREAS, the above referenced plan serves to subdivide property owned by Sylvester by virtue of a deed dated December 19, 1986 and recorded at Middlesex South Registry of deeds at Book 18441, Page 162, and; WHEREAS, a single family house currently exists on Lot 1 and Sylvester intends to construct a new single family house on Lot 2, and; WHEREAS, the residents of the house on lot 1 and the residents of the house to be built on lot 2 shall be sharing the driveway as shown on the above referenced plan, with said driveway being located both on Lot 1 and Lot 2 in various places as shown on said plan and; WHEREAS, it is intended and understood that residents and visitors of both properties will regularly use said driveway; THEREFORE, as owner of both lots Sylvester hereby declares and creates the following easements, restrictions and conditions with respect to the use of said shared driveway and upon the intention and expectation that this document shall be recorded at the Middlesex South Registry of Deeds and the terms hereof shall run with the land and shall be binding on all current and future owners of Lot 1 and Lot 2 as shown on said plan, as well as their successors, heirs and assigns: 1. The owner of Lot 1 as shown on the above referenced plan, and his/her heirs, successors and assigns, including any tenants and invitees of said owner of Lot 1, shall have a permanent right of way and easement over the driveway as shown on said plan for both vehicular and pedestrian traffic, including without limitation any portion of said driveway that is located within the bounds of Lot 2. for purposes of access and egress to Lot 1, in common with the owners of Lot 2 his/her heirs, successors and assigns, including the tenants and invitees of the owner of Lot 2.

12 2. The owner of Lot 2 as shown on the above referenced plan, and his/her heirs, successors and assigns, including any tenants and invitees of said owner of Lot 2, shall have a permanent right of way and easement over the driveway as shown on said plan for both vehicular and pedestrian traffic, including without limitation any portion of said driveway that is located within the bounds of Lot 1, for purposes of access and egress to Lot 2, in common with the owners of Lot 1 and his/her heirs, successors and assigns, including the tenants and invitees of the owner of Lot 1, Provided However that this right of way and easement for the owner of Lot 2 extends only from Wilmington Road to the end of the area marked "Proposed Turn Around" on said Plan. The owner of Lot 2 and his/her tenants and invitees have no rights to use the driveway beyond said "Proposed Turn Around" area. 3. It is the intent that the driveway as shown on the above referenced plan shall be a common driveway and the owners of both Lot 1 and Lot 2, their invitees, tenants, heirs, successors and assigns shall have access to and use of said driveway. 4. Both the owner of Lot 1 and the owner of Lot 2 shall have the right to run utility lines within said driveway area as shown on said plan. Each party shall have sole responsibility for maintaining and repairing their own utility lines including, without limitation, restoring the driveway to its preexisting condition in the event that the driveway is damaged either by a malfunction of a utility line or during the repair or maintenance of a utility line. 5. It is agreed that the owners of both lots shall contribute to the cost of maintaining said driveway, including cleaning, snow and ice removal, repairing, and any other duty required to keep said driveway in a safe and proper condition. The owner of Lot 1 shall be responsible for 2/3 of said common costs and the owner of Lot 2 shall be responsible for 1/3 of said common costs. 6 The owners of both Lot 1 and Lot 2 agree that neither they, nor their invitees, tenants, or other visitors will block said driveway or in any way interfere with the other lot owner's access to his/her Lot. No cars may be parked along the driveway if they interfere with or block other vehicles from passing and repassing along the driveway. Each Lot owner shall be responsible for the actions of any family members, visitors, invitees or tenants with respect to this provision. Should one lot owner, or his/her visitors, invitees or tenants, violate the terms of this provision then the other lot owner shall have the right to have any offending vehicles towed and any costs associated therewith shall be the responsibility of the offending Lot owner regardless of whether the lot owner actually owned the offending car..-this provision may be specifically enforced in any appropriate court in the Commonwealth of Massachusetts and the offending party will be liable for all costs incurred by the other Lot owner in enforcing this Declaration of Easement and Restrictions, including reasonable attorney's fees.

13 7 It is the intent of the parties that this Declaration of Easement and Restrictions shall run with both Lot 1 and Lot 2 as shown on the above referenced plan and shall inure to. and be binding upon, all subsequent owners of both of said lots, and to their heirs, successors and assigns. Signed and sealed this day of, Michael Sylvester Middlesex, ss COMMONWEALTH OF MASSACHUSETTS On this day of, 2014, before me, the undersigned notary public, personally appeared Michael Sylvester, proved to me through satisfactory evidence of identification, which was a Massachusetts Drivers License, to be the person or persons whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public