Before getting to the specifics of the application before the Planning Board, I would like to address the idea of why we keep on having to address this issue.
I recognize that, for the neighbors, this seems to keep coming back again and again. And, it is.
The Planning Board has not had the opportunity to actually reject a request to locate Dunkin in Cape Cod Farms. Every time it has come forward, the applicant has withdrawn the request before the Board has taken a vote. As of yet, we do not really know how the Board would vote.
The process of withdrawing an application, allows an applicant to return, on their own schedule to once again ask for permission to conduct a business at a location.
Had the Planning Board rejected an application, the Zoning Act still allows the applicant to refile. In general a denial places a two year moratorium on making the same request to a board. EXCEPT, that the Zoning Act creates a repetitive petition process that allows an applicant to request a review in less than two years, if they can illustrate substantive changes to the original application.
As there has never been a vote on Dunkin at Cape Cod Farms, we do not have a repetitive petition.
NEXT A DISCUSSION OF WHAT IS, AND IS NOT, BEFORE THE PLANNING BOARD.