Politics & Government

Planners Deny Hearing Dunkin' Donuts Application

A zoning decision for the preliminary site plan is currently being appealed in court.

Town planners voted on July 18 to deny hearing a preliminary application for a new Dunkin' Donuts on Range Road.

The board voted 6-1 to deny accepting jurisdiction, giving the reason that it is currently in court. The applicants are appealing the Zoning Board of Adjustment's denial of a variance for a drive thru.

"If we're told something doesn't meet zoning and that goes to court, if the court upholds the ZBA's decision, than we will have wasted the hour or two," said Planning Board Vice Chair Ruth-Ellen Post. "I'm reluctant to go forward because of those special circumstances.

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Manchester-based Atty. John Cronin, who is representing the applicant, argued that it is not uncommon for the board to hear a case where a variance is required but not yet obtained.

The applicant was attempting to present a plan that excluded the original drive thru.

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Community Development Director Laura Scott said that it was the only thing different from the plan that went before the ZBA. She told planners that ZBA/Code Enforcement Officer Nancy Prendergast still does not think the plan meets zoning requirements.

A memorandum sent by town engineer Steven Keech outlined about 50 items in the plan that needed to be fixed. Peter Zohdi, who is engineer for the plan, said that many of those are "housekeeping items."

The application for the plan calls for the demolition of two existing structures at 43 Range Road. The construction of an 8,876-square-foot building would also include a mix of office and retail uses along with the Dunkin' Donuts.

The property is located in the Professional, Business & Techonology District as well as the Cobbett's Pond and Canobie Lake Watershed Protection District.

A request for rehearing has also been submitted to the ZBA, which will be considered on July 24.

There are currently two other Dunkin' Donuts locations in town. One is housed in the Oasis Gas & Mini Mart on Rockingham Road, while the other is located on Indian Rock Road.

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