Development News for Burlington, Massachusetts

Chick-fil-A Proposed for 12 Wall Street; Variance Request for Drive-Thru Canopy Withdrawn, Hearing Continued

The Conservation Commission heard a notice of intent for a new commercial building at 12 Wall Street, specifically a Chick-fil-A restaurant. The project involves demolishing an existing building and constructing a new one. The applicant presented information highlighting site constraints, including zoning (business general vs. industrial districts), a concrete retaining wall, and underground drainage easements, which limit the building's placement and size. The proposed building is smaller than a standard Chick-fil-A prototype due to these constraints. A variance request for a dimensional setback for the drive-thru canopy, which encroached into the 20-foot no-disturbance zone, was withdrawn after the applicant decided to modify the canopy design to comply. The project also includes a jellyfish phosphorus removal unit and a water quality unit for stormwater management. Concerns were raised about the reduction in interior seating (from approx. 90 to 65-70) and the rationale for seeking a waiver to place the drive-thru closer to the bank, which the applicant justified based on site constraints and cost-effectiveness. The commission continued the hearing to allow for final planning board review and to clarify the exact dimensions of the requested waiver.

Wall Engineering Change Approved at 12 Sarah Street

The Conservation Commission heard a request for a minor engineering change regarding a wall at 12 Sarah Street. The applicant sought to waive the requirement for a 6-inch elevation difference (freeboard) at the top of the wall. The applicant argued that extensive stormwater management systems already in place, combined with a minimal natural slope, rendered the freeboard unnecessary and potentially detrimental to the wall's longevity. A professional engineer's letter supported this assessment. Mr. Hickey, a neighbor, maintained concerns about water runoff. After an initial motion to approve failed, the commission reconsidered and approved the change, contingent on the developer's commitment to address any future water issues and recognizing the significant stormwater measures already implemented. The commission also noted the project's substantial compliance with stormwater bylaw requirements.

Six Trees Approved for Removal at 236 Foxill Road; Snags Required

The Conservation Commission reviewed a request for a determination of applicability filed by David Lorac for the removal of six trees at 236 Foxill Road. The trees were located within the 100-foot buffer zone to stream bank and bordering vegetated wetlands. Lorac cited safety concerns due to leaning, dead, and damaged trees, including one that had already dropped a large branch. An arborist confirmed the hazard posed by the trees. The staff and commission discussed the condition of the trees, the size of the trees, and the potential impact of their removal on the bank stability. A key recommendation was to leave some trees as snags (standing dead trees) to provide ecological benefits and avoid destabilizing the bank. The commission decided to issue a negative determination with conditions including replanting six native trees (8-10 feet tall) and leaving two specific trees on the stream bank as snags, with the option for the remaining four to be left as snags in consultation with an arborist. Any non-compliance with conditions could result in fines.

Deck Extension Approved at 196 Foxhill Road with Conditions

The Conservation Commission heard a request for a determination of applicability for an extension to a deck at 196 Foxhill Road. The applicant, Sean Cody, proposed to extend his existing deck by approximately 10 ft in width. Staff noted that the proposed extension would be approximately 60-70 feet from a nearby bordering vegetated wetland. The commission discussed the installation of footings and the materials to be used. After deliberation, the commission drafted a negative determination, meaning a notice of intent would not be required, with several conditions including the installation of erosion controls and no further tree removal or alteration of vegetated areas. The proposed deck addition was clarified to be 10 ft wider and extend 24 ft in length. The commission voted to issue the negative determination.