State Court Upholds Danbury’s Denial of Dunkin’ Donuts Drive-thru

DANBURY, CT — A state judge has ruled on the side of the City of Danbury and against Dunkin' Donuts, upholding a 2017 decision to deny the restaurant's application for a special permit to operate a drive-through store on Mill Plain Road.

In his decision, given Monday, Superior Court Judge Andrew Roraback assessed that the project would have the same negative impact on the area as fast food establishments, where 60 percent of the business is done at the widows. Fast food establishments are expressly disallowed by the zoning regulations.

"In this case, it is self-evident that the drive-through component of the convenience store proposed by the applicant shared many distinguishing features also found in fast food restaurants," Judge Roraback wrote. "Notably, and important from a zoning perspective, the commission could have found that a convenience store that might include a Dunkin' Donuts drive-through could generate traffic volumes comparable to those generated by patrons of fast food restaurants who use their drive-­through features to conveniently procure prepared food and beverages."

The decision also cited "substantial evidence" that the drive-through would impede traffic-flow both on and off the site, near Interstate 84 Exit 2A.