Board of Appeals — April 21, 2026
The meeting was characterized by rigorous questioning and skepticism from board members regarding whether applicants were seeking variances for genuine hardship or mere economic convenience.
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At the April 21st Board of Appeals meeting, two significant variance applications highlighted a growing tension: Are our zoning laws being used to protect the community, or are they being treated as obstacles for developers to bypass when it gets expensive?
Regarding the proposed Chick-fil-A at 2 Wall Street, Board members raised pointed questions about whether the request for a side yard setback variance was driven by a genuine hardship or simply by the desire to avoid the cost of constructing retaining walls due to the site's topography. Rather than approving the request, the Board voted to continue the hearing to May 5th, demanding the applicant explore smaller building prototypes that could fit within existing setback requirements without needing a variance.
In a separate matter, the Board expressed caution regarding a garage variance for 5 Phyllis Avenue. While the applicant cited steep driveway slopes as a hardship, Board members raised concerns about the long-term impact on neighborhood density and tree cover. They noted that granting such a variance could set a precedent for future residential projects in the area.
We will continue to track these hearings—the Chick-fil-A decision is set for May 5th, and the Phyllis Avenue hearing for May 19th.
Public impact
Potential long-term shift in neighborhood density and character if variances are routinely granted for economic convenience.
Topics discussed
The applicants requested a variance from side yard setback requirements to construct a canopy for a new Chick-fil-A restaurant. The discussion centered on topography, the necessity of the variance due to retaining wall costs, and whether the building size or location could be adjusted to avoid the variance.
The applicant requested a variance for a side yard setback to build a garage. Discussion addressed the steep slope of the driveway as a hardship, the potential for the garage to be detached rather than attached, and the impact on local tree density. A letter of no objection from the abutting property owner at 7 Phyllis Ave was read into the record.
A hearing regarding a request for an exterior illuminated wall sign for a tenant (Game Show Battle Rooms) at the Burlington Mall, which requires a special permit for exterior signage.
Controversy & dissent
Potentially controversial issues
Variance Application 26-8 (Chick-fil-A)
Variance Application 26-9 (5 Phyllis Avenue Garage)
Community vs. board tension
Public comment
Decisions logged
Action items
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