NORWAY – Despite neighbor protests about the potential disturbances from a 24-hour drive-through at the new Tim Hortons restaurant, the Board of Appeals decided Wednesday it could stay open all night. The vote by the five-member board was 2-0.

Abutters had appealed an earlier Planning Board permit allowing the restaurant to stay open around the clock. The coffee-and-doughnut shop is being built at the former Wendy’s restaurant on Fair Street.

Kerry Munn, who has a home on Green Street that he says is about 20 feet away from the restaurant’s drive-through, argued Wednesday that in 2001 the Planning Board ordered Wendy’s to close its drive-through at 11 p.m. to appease abutters. He said the Planning Board should have followed the precedent it set then.

He also argued that the board failed to adequately review Tim Hortons application. He said the board had not considered increased traffic in the morning and had disregarded a comprehensive plan instruction giving town planners authority to restrict businesses’ hours of operation.

There is no zoning in town and Planning Board Chairman Dennis Gray said there is also no local ordinance that addresses 24-hour businesses.

But the appeals panel decided the Planning Board did a thorough review of Tim Hortons’ application, addressing traffic issues and other details. It was also pointed out that the comprehensive plan is not state sanctioned, which limits the document’s authority.

Planning Board member Mary Lou St. John explained at the meeting that the Planning Board had approved Tim Hortons application to see if the 24-hour drive-through would work. She said if problems arose, the board would address them.

She also mentioned that the drive-through might be less noisy than having people leave their cars, closing doors and talking in the parking lot.

Pat Shearman, who lives on Tucker Street, attended the meeting out of interest. “I want to support downtown neighborhoods, and [Tim Horton’s] conflicts with the Green Street neighborhood,” Shearman said.

Appeals board member Raymond Courcy said he disagreed with the Planning Board’s decision to not consider limiting the drive-through window hours. He declined to vote.

So did member Joe Cummings, who cited a conflict of interest.

With member Jerry Dodge absent from the meeting, it left Chairman John Longley and James Boyce, who voted to uphold the Planning Board’s original permit.

After the vote, Longley asked Tim Horton’s lawyer, Alan Perry of Paris, if he thought the 2-0 vote was legal because of the lack of voting members.

Perry said he thought it was.