Bethel Crematorium Applicant McLoughlin Submits Two More Civil Suits Against P&Z and CT Coining Inc.

October 17, 2015 BETHELADVOCATE Announcements, Around Town, Business, Government, Local Businesses, News, Real Estate 170

It seems the Bethel crematorium applicant B. Shawn McLoughlin is still fighting to get his crematorium business in Bethel’s Clarke Business Park.  This quest is despite the Bethel Planning & Zoning Commission denying all his applications on September 22, 2015, and also banning this type of business completely in Bethel. 

 

Report by Paula Antolini
October 17, 2015 8:57PM EDT

 

P&Zcomposite2

Photo above: A Planning & Zoning Commission “work session” meeting in the CJH Municipal Center in Bethel, about the crematorium, on September 8, 2015.

Bethel Crematorium Applicant McLoughlin Submits Two More Civil Suits Against P&Z and CT Coining Inc.

It seems the Bethel crematorium applicant B. Shawn McLoughlin is still fighting to get his crematorium business in Bethel’s Clarke Business Park.  This quest is despite the Bethel Planning & Zoning Commission denying all his applications on September 22, 2015, and also banning this type of business completely in Bethel.

McLoughlin also has a new attorney, Daniel Casagrande of Cramer & Anderson LLP in Danbury, CT.  

McLoughlin and his company Mono-crete Step Co. LLC, a cement products company located on the same property, filed two new lawsuits against the Bethel Planning Zoning Commission (P&Z) on October 13, 2015, one of which also includes Connecticut Coining Inc. named as a second defendant.  CT Coining Inc. is the business next door to the proposed crematorium location and it’s owner, Greg Marciano, previously filed several requests with the P&Z for a moratorium and text changes, and these requests were approved.

McLoughlin is seeking a reversal of the decision of the second text amendment (amendment of the first amendment) which was basically a reversal of the first text amendment approved by the P&Z in 2014, which then allowed a crematorium in Clarke Business Park and all IP Zones. This is the amendment that started this whole process in motion. Previous to this approval, crematoriums were not allowed in Bethel’s IP Zone.  McLoughlin is seeking to have the first text amendment decision remain, to allow crematoriums in Bethel’s IP Zone.

McLoughlin is seeking reversal of several other P&Z decisions, where they denied approval of a site plan/building special permit, a special permit for land use, a moratorium banning crematoriums, and a text amendment that eliminated the crematorium text completely.

BA2_0092mcloughlinsandlawyers

Photo above: B. Shawn McLoughin (2nd from left) and daughter Shelby McLoughlin (far left) in the CJH Municipal Center hallway after the P&Z voted to deny all crematorium applications on September 22, 2015. On the far right is Attorney Charles Andes, counsel for the P&Z who is chatting with Attorney Peter Olsen (2nd from right), McLoughlin’s lawyer.

*****

DETAILS OF LAWSUITS and LINKS to DOCUMENTS BELOW:

The First Lawsuit:

(CLICK HERE FOR FULL COMPLAINT DOCUMENT.)

On October 13, 2015, Plaintiff McLoughlin, who wants to build a crematorium at 12 Trowbridge Drive in Bethel, CT, filed a civil suit in the State of Connecticut Superior Court in Danbury, case number DBD-CV15-6018264-S, “MCLOUGHLIN, B. SHAWN v. PLANNING & ZONING COMMISSION OF THE TOWN OF BETHEL Et Al” which also named Connecticut Coining Inc. (the business at 10 Trowbridge Drive in Bethel, CT) as defendant #2, whose attorney is Neil Marcus of Cohen & Wolf in Danbury, CT.

McLoughlin is seeking:

“1. A judgement of the court reversing the decision of the Commission and directing the Commission to deny the Second Amendment Application;

“2. A restraining order staying the Commission’s decision on the Second Amendment Application pursuant to General Statutes §8-8(h);

“3. Statutory costs; and

“4. Such other relief as in law or equity may apply.”

The return date for the defendant is November 24, 2015.

From the second named defendant, CT Coining Inc., McLoughlin is seeking:

“The plaintiff’s claim for relief is of a non-monetary nature.”

The return date for the defendant is November 24, 2015.

*****

The Second Lawsuit:

(CLICK HERE FOR FULL COMPLAINT DOCUMENT.)

On October 13, 2015, , who wants to build a crematorium at 12 Trowbridge Drive in Bethel, CT, filed a civil suit in the State of Connecticut Superior Court in Danbury, case number DBD-CV15-6018265-S, “MCLOUGHLIN, B. SHAWN, ad O MONO-CRETE STEP CO. LLC v. PLANNING & ZONING COMMISSION OF THE TOWN OF BETHEL Et Al.”

“Count One: Appeal of a decision on a Site Plan, Special Permit and excavation permit pursuant to General Statutes §8-8;

“Count Two: Appeal of a decision on General Statutes §19A-320 application for approval of location pursuant to General Statutes §8-8”

Plaintiff #1 McLoughlin and Plaintiff #2 Monocrete Step Co. LLC claim:

“AS TO COUNT ONE:

  1. A judgement of the Court reversing the decision of the Commission and directing the Commission to approve the Applications;
  2. Statutory costs; and
  3. Such other relief as law or equity may apply.

“AS TO COUNT TWO:

  1. A judgement of the Court reversing the decision of the Commission and directing the Commission to approve the Location Application.
  2. Statutory costs; and
  3. Such other relief as law or equity may apply.”

*****

The Pending Lawsuit from June 11, 2015:

(CLICK HERE FOR FULL COMPLAINT DOCUMENT.)

There is still a pending lawsuit that Plaintiff McLoughlin submitted on June 11, 2o15 against the Bethel Planning & Zoning Commission and CT Coining Inc., Number DBD-CV15-6017506-S, “MCLOUGHLIN, B. SHAWN v. PLANNING & ZONING COMMISSION OF THE TOWN OF BETHEL AND CONECTICUT COINING INC.”

“The Plaintiff claims:

  1. A judgement of the Court reversing the decision of the Commission and directing the Commission to approve the Amendment Application and Moratorium Application.
  2.  A restraining order staying the Commission’s decision on the Amendment Application and Moratorium Application pursuant to General Statutes §8-8(h);
  3. Statutory costs; and
  4. Such other relief as in law or equity may apply.”

The scheduled court date is a conference scheduled for 9:30 a.m. on November 2, 2015.

*****

As of the present time a crematorium is not allowed in Bethel but you can still sign the petition to stop the crematorium, to show your opposition during the court cases:
CLICK HERE: tinyurl.com/nocrematorium

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