Neil Marcus Wins Approval for Local Developer in Land Use Case, Danbury News Times

Neil R. Marcus, a Partner in Cohen and Wolf's Danbury office, was mentioned in an article in the News Times regarding a controversial land use decision in Danbury. Mr. Marcus successfully represented a Newtown businessman seeking approval for siting a Dunkin' Donuts drive-thru in a commercial zone near residential homes. The application was initially denied by the Danbury Planning commission but after Mr. Marcus, a prominent Danbury attorney, submitted a scaled down application, it received administrative approval by the Town's planning Department in June and is currently under construction.

The Dunkin-Donuts property was zoned for commercial use and had been for generations. Still, some residents were surprised that the plan went through. Why is it being built? Some say it is the result of a determined developer with a first-class land-use attorney.

Situations such as this one are becoming increasing common in Danbury, according to Dennis Elpern, director of the city's planning and zoning department, because people are trying to put things in places where no one expected them.

"We're facing these problems that are relatively new to Danbury because of a shrinking supply of land and overdevelopment," said Mr. Elpern.

One resident who initially opposed the project said she has had a change of heart. She said she'd rather see a Dunkin' Donuts than the diesel trucks that previously occupied the land. (the former home of Connecticut Asphalt). "People may not like to hear this, but they're cleaning (the site) up...maybe this will be better."

The article, by staff writer Eugene Driscoll, appeared in the January 28 edition of the News Times.