ZBA dunks Dunkin Donuts' request for digital sign board

Appearing before the board for the request were consultant Lori Burgardt of Xcelerate Permits LLC of Chandler, Ariz., and local Dunkin Donuts owner Scott Bailey, who purchased local Dunkin Donuts franchises but not the real estate from Brian Fram.

Burgardt said Dunkin Donuts is nationally changing its digital menu boards and that the request was being made to allow the local North Conway operation to comply with that new national franchise format.

“It would not be flashing; it would have the same menu items,” she told the ZBA’s Bartolomeo.

She said other businesses have digital menu boards, including McDonald’s, which was granted a variance for that on Oct. 16, 2019. Colbath said McDonald’s board was approved because it faced the back of the lot.

She also mentioned that the North Conway Burger King has a digital menu board, but Colbath said he did not recall them ever coming before the board, nor did planning assistant Holly Whitelaw.

Hebert asked if the digital menu would be visible from Route 16, noting the signboard at McDonald’s is not visible from Route 16.

Burgardt and Bailey said the proposed sign board could be turned more away so it would not be visible from Route 16. “We also plan to add an ordering canopy that would sit in front more toward the street (Route 16), but that won’t require a variance,” Bailey told members.

Burgardt said she understood that the ordinance does not currently allow internally lit signs but said, “Within the context, understand that Dunkin Donuts is doing this nationally,”

As they went down the criteria checklist for a variance, however, most board members did not feel the business needed the sign due to a hardship. Chalmers and Hebert underscored their job is to see the ordinance that the voters enacted is observed.

Pierce initially voted for the variance but then asked to change his vote as he said he didn’t understood the first vote was for the variance — Colbath agreed to take a new vote, and this time the majority voted to deny the variance, 3-2.

To grant a variance, the board may relax the strict interpretation of the ordinance if any of five conditions exists: (1) The variance will not be contrary to the public interest (5-0, yes); (2) The spirit of the ordinance is observed (4-1, yes, Hebert voting no); (3) Substantial justice is done (5-0 yes); (4) The values of surrounding properties are not diminished; (5-0 yes); and (5) Literal enforcement of the ordinance would result in an unnecessary hardship (4-1 no, with Colbath voting in the minority).

Colbath read the motion for a rehearing and explained that the request had to be based on whether there was new evidence not available at the time of the hearing or that the board had made a technical error.

After the meeting, Colbath said many agree that the town’s sign ordinances need to be revised through warrant articles that would acted on at annual town meeting by the planning board or via petitioned special articles by the public.

“Obviously, a lot of the comments we are hearing (concerning Leavitt’s Country Bakery’s mural/sign controversy and others) is that the sign ordinance needs a lot of updates,” Colbath told the Sun on Wednesday.

“I don’t have a lot of further comment on it other than that it’s hard to keep up with the times,” he said.

Calls placed to Burgardt and Bailey were not returned by press time.