Dunkin' Franchisee Sues Stamford Zoning Board Of Appeals: Report

STAMFORD, CT — A Dunkin' franchisee has sued the Stamford Zoning Board of Appeals (ZBA) and others over a decision made by the board to disallow a drive-thru at a new Glenbrook location, according to the Stamford Advocate.

The drive-thru use at 364 Hope St., the site of a former Wells Fargo Bank, was previously ruled OK and "grandfathered in" in September by Chief Stamford Zoning Enforcement Officer James Lunney.

Neighbors voiced concerns about the impacts to traffic and congestion, and an appeal was filed. Lunney's decision was reversed in November, the Advocate said, as a drive-thru window would create a non-conforming use, which is prohibited.

"The ZBA erroneously determined the Plantiffs' proposed use was an expansion of a legally existing non-conforming use," the lawsuit claims. "The ZBA applied the wrong standards in sustaining the Applicants' appeal; the ZBA erred in considering factors unrelated to the legal standards applicable to the appeal filed by the Appellants."

Attorney Adam Blank, who represented two opposed neighbors and Donut Delight during the appeal of Lunney's decision, previously said since the business will not operate as a bank or a financial institution, the drive-thru window isn't allowed.

364 Wells Hope Street LLC filed its appeal in Stamford Superior Court on Dec. 6.

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