Billerica ZBA denies Dunkin' drive-through special permit in 3-2 vote on remand

BILLERICA — July 25, 2025 — Billerica's Zoning Board of Appeals denied a Dunkin' Donuts drive-through special permit for a second time, voting 3-2 against the project at 796 Boston Road after a Massachusetts Land Court remand sent the matter back for reconsideration. The board had separately voted 5-0 to approve two variances — one for a building perimeter green strip and one for dual-frontage access — before splitting on the special permit itself. Attorney James Dangora Jr., representing Realty Trust CLX LLC, argued the 1,800-square-foot restaurant would feature extensive landscaping including nine trees and 90 low-growth plantings, and that traffic engineer Robert Bollinger's study had been vetted with "no major issues" found by the town's peer consultant, Kimley-Horn. Resident Mary Legion of 7 William Road told the board its original denial "was careful, it was thorough, and it was right," and Planning Board member Michael Parker called in by phone to say the project required bending "multiple" bylaws on top of an already severe traffic problem at Boston Road and Cook Street. The motion to grant included conditions requiring demolition of the former St. Mary's Church and rectory before a building permit could issue and closure of all remaining parking lots on the parcels, but it failed 3-2, leaving Realty Trust CLX LLC likely to return to land court — where board members acknowledged a judge could issue a permit with no conditions attached.