An Environmental Court judge recently ruled that Dunkin’ Donuts cannot add a drive-through service at its Berlin Street store.
The decision, handed down Oct. 31 by Judge Meredith Wright, upholds an earlier appeal made by neighboring Cumberland Farms and granted in 2002 that raised concerns about the increased volume of traffic a drive-through service would add to an already busy thoroughfare.
In that appeal, as part of its ongoing negotiations on what would be included in its site plan application, Dunkin’ Donuts finally agreed not to build its store with a drive-through lane or drive-up window. That decision was made jointly as a “stipulation” to the site application between Cumberland Farms and Dunkin’ Donuts.
That condition states “shall not include a drive-up service window or drive-through service.” Other conditions also set parking spaces and specific measurements for the store’s entrance and exit off Berlin Street.
Those conditions were approved in 2003 by the Vermont Environmental Court. The store opened the same year.
Following that decision, the city also asked Dunkin’ Donuts to perform a follow-up traffic study after the store opened to assess safety and traffic issues. The court did not have a copy of that study as part of the appeal.
