Doughnuts Threatened

At a heated meeting earlier this week, the city's Board of Zoning Appeals discussed at length whether Dunkin' Donuts should be allowed to set up shop in Harvard Square.

Although the fast-food bakery was recently granted a permit by the city's building commissioner, it will likely be revoked by the board.

Opponents of the shop argued strenuously that the proposed franchise should not be allowed to open until it applies for a special permit.

The board decided to delay their final decision in order to review the legal precedents, but three of the five board members expressed support for critics of the bakery.

Under current city zoning ordinances, fast food is barred from Harvard Square unless the owner of the outlet obtains a special permit from the city. Gladys P. Gifford, president of the Harvard Square Defense Fund, insisted that Duarte Carvalho, who hopes to open a Dunkin' Donuts in the space recently vacated by The Country's Best Yogurt (TCBY), has obtained the permit unfairly.

Carvalho's attorney, Edward J. O'Connell, maintained that the permit obtained by TCBY to sell fast-order "frozen yogurt, pies, coffee, etc." should continue to apply to Dunkin' Donuts. S

"The Zoning Board does not differentiatebetween fast food-order establishments," O'Connellsaid. "Carvalho's proposing the exact same use inthe exact same location."

The Zoning Board has the ability to limit orqualify any special permits it grants. Since thezoning board did not put any specific hindranceson the TCBY permit, O'Connell insisted that itcould be used indefinitely.

Gifford, who says her group's work to preservethe "diversity and appeal [of the Square], keep itfrom becoming like Everywhere, America,"vehemently disagreed.

She called O'Connell's argument an "ingeniousway to get around applying for a permit [bypiggybacking] on the old one."

"Each case must be examined by this board,"said Defense Fund attorney Tom B. Bracken.

The zoning board granted a permit specificallyto TCBY, and did not intend for it to apply to anytype of fast food outlet, according to Bracken.

"An ice cream shop and a doughnut shop are verydifferent things," Bracken said.

Other defense fund supporters argued that theDunkin' Donuts shop would attract more drivingcustomers than TCBY, and greatly increase trafficcongestion in the Square.

Gifford added that a decision to allow thepermit to stand would set a dangerous precedent,allowing a "freeway for McDonald's" to open upoutlets in the Square.

Cambridge resident Harlan Lewis, a supporter ofthe new doughnut shop, accused the Defense Fund ofan ignorant fear of any fast food chains. Hemaintained that the Square has need of thereasonably-priced food Dunkin' Donuts offers

"The Zoning Board does not differentiatebetween fast food-order establishments," O'Connellsaid. "Carvalho's proposing the exact same use inthe exact same location."

The Zoning Board has the ability to limit orqualify any special permits it grants. Since thezoning board did not put any specific hindranceson the TCBY permit, O'Connell insisted that itcould be used indefinitely.

Gifford, who says her group's work to preservethe "diversity and appeal [of the Square], keep itfrom becoming like Everywhere, America,"vehemently disagreed.

She called O'Connell's argument an "ingeniousway to get around applying for a permit [bypiggybacking] on the old one."

"Each case must be examined by this board,"said Defense Fund attorney Tom B. Bracken.

The zoning board granted a permit specificallyto TCBY, and did not intend for it to apply to anytype of fast food outlet, according to Bracken.

"An ice cream shop and a doughnut shop are verydifferent things," Bracken said.

Other defense fund supporters argued that theDunkin' Donuts shop would attract more drivingcustomers than TCBY, and greatly increase trafficcongestion in the Square.

Gifford added that a decision to allow thepermit to stand would set a dangerous precedent,allowing a "freeway for McDonald's" to open upoutlets in the Square.

Cambridge resident Harlan Lewis, a supporter ofthe new doughnut shop, accused the Defense Fund ofan ignorant fear of any fast food chains. Hemaintained that the Square has need of thereasonably-priced food Dunkin' Donuts offers