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HOT TOPIC: Bethel Proposed Crematorium is Not Dead Yet

On Friday, March 4, 2016 a Public Hearing took place in Hartford with the Planning and Development Committee (PD) of the Connecticut General Assembly about a Raised Bill H.B. 5483 “AN ACT CONCERNING THE ZONING OF CREMATORIES” in which there was testimony given, and discussion about, crematorium legislation in Bethel. The event was not publicized and only a few individuals from Bethel were present.

 

Report by Paula Antolini
March 20, 2016 1:18PM EDT

 

ctstatecapitol

Bethel Proposed Crematorium is Not Dead Yet

BETHEL ADVOCATE EXCLUSIVE

On Friday, March 4, 2016 a Public Hearing took place in Hartford with the Planning and Development Committee (PD) of the Connecticut General Assembly about a Raised Bill H.B. 5483 “AN ACT CONCERNING THE ZONING OF CREMATORIES” in which there was testimony given, and discussion about, crematorium legislation in Bethel.  The event was not publicized and only a few individuals from Bethel were present.

In fact, had some individuals from the Bethel group who fought against the crematorium for almost three years had not been vigilant, this legislation might have easily been made into law.

The bill in question is Raised H.B. No. 5483 during Session Year 2016, “AN ACT CONCERNING THE ZONING OF CREMATORIESTo authorize the zoning of crematories within five hundred feet of land zoned for residential purposes where such land is unimproved and owned by municipalities.” (View bill in full below.)

This is an attempt to amend an existing CT General Statutes § 8-2n which states (in part): “The zoning regulations adopted under section 8-2 or any special act shall not authorize the location of a crematory within five hundred feet of any residential structure or land zoned for residential purposes not owned by the owner of the crematory.”

 

planningandzoninglastdayofvote

Above (File Photo): P&Z Commission members seated for the crematorium “work session” on September 22, 2015, are all but Sandy Foreman, second from right.  Also Lou Valenti was seated for the work session but is not in the photo.  Left to right are Commissoners: Don Brown, John Lennon, Bob Legnard, Chairman Pat Rist, Kitty Grant, Sandy Foreman and Earl Finch.

 

This bill would override the decision-making power of the Bethel Planning & Zoning Commission (P&Z), and their ability to decide on zoning of crematoriums, and give that power to the state instead.

Consider the following:

•  The P&Z already has the power to decide crematorium zoning, so this bill is unnecessary and simply addresses one single owner’s proposed crematorium issue in Bethel.

•  The P&Z already made their decision very clear last year when they denied all crematorium applications of B. Shawn McLoughlin. After approximately two and a half years of meetings and hearings and with hundreds of town’s people in attendance, the P&Z published a lengthy resolution last year explaining why applications were denied.

•  The H.B. 5483 would also weaken the protection of the 500 foot distance required from a crematory to residences, by exempting certain land: “where such land is unimproved and owned by municipalities.

 

*****

So what’s really happening?  Who put forth this bill?

The Town of Bethel is presently involved in CT State Judicial appeals cases concerning the denial of crematorium applications submitted by B. Shawn McLoughlin, owner of Mono-Crete Step Co. of CT, LLC.

(See: Case HHD-CV15-6063334-S / MCLOUGHLIN, B. SHAWN Et Al v. PLANNING & ZONING COMMISSION OF THE TOWN OF BETHEL, Case HHD-CV15-6063335-S / MCLOUGHLIN, B. SHAWN v. PLANNING & ZONING COMMISSION OF THE TOWN OF BETHEL Et Al, Case HHD-CV15-6063336-S / MCLOUGHLIN, B. SHAWN v. PLANNING & ZONING COMMISSION OF THE TOWN OF BETHEL Et Al )

 

mcloughlinsonlastdayofvote

Above (File Photo): Crematorium applicant B. Shawn McLoughlin (2nd from left) and daughter Shelby McLoughlin (far left) stand in the CJH Municipal Center hallway on September 22, 2015, after all crematorium applications were denied by the P&Z.  Attorneys for both sides chat after the meeting, applicant’s attorney Peter Olsen (2nd from right) and counsel for Bethel Land Use & the P&Z, (far right) Charles Andres.

 

 

Once the Planning & Development Committee (PD) found out about the litigation (appeals cases) at the Public Hearing on March 4, 2016, the bill was killed, for now.  That was too close for comfort.  Why did it happen this way?  Bethel Advocate did a little investigating.

There are many questions that need to be answered.  Who brought forth the idea of this bill to the Planning & Development Committee (PD) of the Connecticut General Assembly?  Which Bethel residents, or other individuals, gave testimony for or against the bill at the hearing?  How did they know about the hearing?  Which town or state officials knew about this bill and failed to inform the people of Bethel despite the fact this has been an ongoing controversy for almost 3 years?

CT State Representative Dan Carter said, “I take full responsibility for it.” [the bill]. Carter said he was recently approached by Mono-crete via Peter Olsen (crematorium applicant’s attorney during the P&Z proceedings) about the idea for this bill.  “It was pitched to me as an idea to give the town flexibility on where they chose to zone the crematory,” Carter said.  Carter then brought the bill up in committee and a public hearing was scheduled with the PD committee, and thus, the March 4th hearing.

Why is Rep. Carter bringing a bill forth about the crematorium, a topic that seemed to be resolved last September, and while the town is involved with appeals cases concerning their decision?  Rep. Carter claims he was just doing his job in obliging a constituent (Peter Olsen/Mono-crete) who came forward and wanted a bill idea submitted and that he (Carter) was lead to believe that “this was a good thing for the town.”  This is remarkable considering Rep. Carter attended some of the contentious crematorium meetings in the past.  But Carter did said he notified First Selectman Matthew Knickerbocker about the bill around February 29, 2016, and assumed he would notify others involved in the crematorium issue, and also residents.  (Bill history shows that the H.B. 5483 was Referred to Joint Committee on Planning and Development on 2-26-16, and on 2-29-16 a hearing was scheduled for 3-4-16.) 

First Selectman Knickerbocker wrote a letter to the PD in opposition submitted for the March 4th hearing.  However, the residents were not notified of this bill or of Knickerbocker’s letter to the PD.  So basically there were no residents who knew anything about this, until only a few people found out from another source, the day before, or morning of, the hearing on March 4th.

Also, why is Peter Olsen asking Carter to submit a bill (H.B. 5483) in regards to crematorium legislation (Olsen not sharing this info. with anyone but Carter and McLoughlin, as far as we know) while an appeals case about the crematorium in is progress against Bethel by his client?  Good question! (And Bethel P&Z voted against crematoriums in Bethel last year.)

 

*****

On the list of those who testified at the hearing was Bethel First Selectman Matthew Knickerbocker (submitted letter in opposition), James and JoAnn Cordes (55 Turkey Plain Rd. Bethel, CT, submitted a letter in opposition), Mitchell Gross (owner of business in Clarke Business Park, GHM Garage, testimony in person, in opposition), Tim Beeble (Bethel Registrar, testimony in person, in opposition) and Peter Olsen (crematorium applicant attorney during P&Z proceedings, submitted a letter supporting Mono-crete and the H.B. 5483, and also testimony in person, in support of H.B. 5483).

Bethel First Selectman Matthew Knickerbocker was able to send a letter to the PD in time for the 3/4/16 hearing.  Knickerbocker said in his letter, in part:

“I write to you in opposition to 5483…This bill was submitted without notice to or consultation with Bethel’s land use authorities.  In fact the town’s Planning & Zoning officials are unable to comment on the proposed bill due to ending appeals before them.” and also, “This bill appears to have been crafted for the purpose of affecting the outcome of one particular land use case.”

View entire Knickerbocker letter below (text was not able to be copied here).   Click below to view larger, then click again to enlarge further:

knickerbockertestimonyALL

*****

Mitch Gross, owner of GHM Garage, a classic cars company in Clarke Business Park in Bethel, CT, located on Trowbridge Drive across the street from the proposed crematorium property, gave extensive testimony on March 4th outlining many reasons to oppose H.B. 5483.  Gross has been opposed to the crematorium ever since he purchased his property in Clarke Business Parke WHILE the crematorium controversy was in progress, but he was not told, nor was he aware, about the crematorium before purchase.  He has spoken at numerous Bethel Planning & Zoning hearings and given lengthy professional presentations, all of which are on file in the P&Z office, along with audio recordings of meetings.

Mitch Gross gave testimony in person on March 4th, in opposition:

“Thank you for the opportunity to speak in opposition to HB 5483.
“In terms of credentials, I provided expert testimony to the Town of Bethel with regard to the proposed crematorium, I have an undergraduate degree in Mechanical and Nuclear Engineering from Columbia University, I am a licensed professional engineer, I have advanced studies in statistics and an MBA in Finance from the University of Pennsylvania.
“With regard to HB 5483, we were surprised to learn of this proposed legislation, and object to it on a number of levels,” he said.
“1. The application by Peter Olson on behalf of B. Shawn McLoughlin and Mono-crete Step Co. of CT, LLC (Mono-crete) to build a crematorium in Bethel, CT (Bethel) already has been rejected by the Bethel Planning and Zoning Commission and is subject to pending litigation initiated by Mr. McLoughlin and Mono-crete. Further, the Bethel Planning and Zoning Commission, with strong support from hundreds of Bethel’s citizens, has voted to preclude thebuilding of crematoriums anywhere in Bethel.
“2. This proposed legislation deals with a special circumstance and, in reality, is an attempt by the applicant to do an “end run around” the express wishes of the Bethel Planning and Zoning Commission who, if they wanted to, already have the authority to change the zoning of the adjoining property under current regulations. There is no need for this proposed bill.
“3. Mono-crete’s application already has had a direct negative affect on Bethel’s business community and economy, forcing out exactly the type of businesses that Connecticut wants and needs to maintain and attract, and diminishing real estate values. As examples:
  1. Soho Bedding, who employs hundreds of workers in the textile business, already has moved their manufacturing operations out of Bethel, to Utah.
  2. Connecticut Coining, a parts manufacturing business that employs 22 workers, has halted plans for a 10,000 square foot expansion of its building as well as the hiring of additional employees, and is considering moving out of Connecticut should the crematorium go through.
  3. In terms of my own business, GHM Garage, I canceled over $100,000 of planned improvements to the building, which remains vacant, and have listed it for sale.
  4. It is important to note that Mono-crete’s proposal to build a 1,600 square foot building would add only 2 jobs in Bethel, while putting the town’s environment and the health of it’s citizens at risk from toxic emissions of known carcinogens including dioxins (agent orange) and furans.
“4. That all said, this proposed legislation has much broader implications beyond this one case:
  1. Just because a piece of municipal property currently is undeveloped doesn’t mean it never will be. Further, relaxing the 500′ foot set back, and allowing the use of a piece of land adjacent to an undeveloped piece of municipal property for the building of a crematorium, encumbers the municipal property by precluding its possible future use for development of residential property, thereby impairing its value and limiting the town’s options.
  2. There are a number of negative land-use and environmental issues associated withcrematoriums in general, which impact citizens well beyond 500′ – in fact, studies have shown up to 3 miles – from the incinerators. I have submitted to the Bethel Planning and Zoning Commission, and am submitting to you, significant studies and information which detail the detrimental impact of crematoriums on property values and the environment.
“In summary:
  1. This proposed legislation is unnecessary because the Bethel Planning and Zoning Commission already can do what is proposed if it so chooses.
  2. This proposal represents a deeply concerning attempt to use legislation to affect the outcome of a specific zoning application which currently is in litigation.
  3. HB 5483 has broad negative implications with regard to usurping local Planning and Zoning Commissions’ ability to control local community zoning.
  4. For all of these reasons, and many others, HB 5483 should therefore be rejected.
Thank you for your time and consideration.”

 

*****

Resident Tim Beeble, Registrar of Voters, Town of Bethel (November 2014 – Present) was also there to give testimony. He wrote:

“I am Timothy Beeble of Bethel Connecticut. I have a Masters degree in Urban Planning and am very familiar with local planning and zoning procedures. Raised Bill HB 5483 An Act Concerning the Zoning of Crematories is intended to benefit one firm that is located in Bethel. The proponent of this bill suggests that HB 5483 will give towns flexibility to permit a crematory that is located within 500 feet of residential zoned land that is owned by the municipality. The fact is that towns already have the authority to change the zoning on their town-owned land through their planning and zoning boards. I urge you to reject HB 5483 that is aimed at benefiting a single property owner. This bill is the legislative equivalent of spot zoning. Thank you for your consideration.”

 

*****

Residents James and JoAnn Cordes of 33 Turkey Plain Road, Bethel, CT also gave testimony via written document on March 4th.  They said:

“To: Planning & Development Committee Public Hearing, Friday, March 4, 2016
H.B. No. 5483 (RAISED) AN ACT CONCERNING ZONING OF CREMATORIES
“We hereby submit this testimony against the above bill and recommend it be rejected as being both unwise and unnecessary for numerous causes.
“The General Statutes § 8-2n rightly prohibits zoning commissions from adopting regulations which allow crematories within 500 feet of residential zoning districts. This prohibition is a minimal protection for all residents from suffering health and financial damages, and from being burdened with long term unknown risks in a poorly understood science of genetics and cellular division.
“The current law which mandates the 500’ buffer from cremation furnaces was thoughtfully enacted by Connecticut lawmakers and well serves the legitimate interests and safety of Connecticut citizens, as is, without this modification.
“The Planning and Development Committee should be aware that this bill seeks to circumvent and undermine a Superior court case currently being tried, wherein Attorney Peter Olson is seeking to contest, overturn or undo a thoroughly considered decision by the Town of Bethel and its citizens which rejected his client’s efforts to force an unwanted business upon its community. Attorney Peter Olson, in his letter of support for this bill, mis-represents the facts. This bill will not help planning and zoning to better represent town interests but work against it. The property he mentions in his letter, as unbuildable can certainly be built upon. The intrusion of a buffer into his client’s property is wrongly characterized. It is his client’s property which has always, even prior to its purchase, had restrictions against the use they are seeking.
“Many in town fear this is a ruse to circumvent a local decision. This would constitute a violation of spot zoning where no need or desire for modifying the 500’ buffer exists anywhere in the State of
Connecticut. This would open a flood gate of protest if the hundreds of thousands of potentially impacted residents were to know this is even being considered. The statute is well considered and relied on as it is. It does not need modification and the bill should be rejected.
“Thank you.”

 

*****

 

Peter Olsen testified at the March 4th hearing in support of Mono-crete and H.B. 5483.  His testimony is shown below. (B. Shawn McLoughlin also has another attorney, Mr. Daniel Casagrande, Cramer & Anderson LLP, Main Street, Danbury, CT, representing him in the ongoing present appeals cases against the Town of Bethel.)

Peter Olsen testimony:

“H.B. No. 5483 (RAISED) AN ACT CONCERNING THE ZONING OF CREMATORIES
“I hereby submit this testimony in support of the above bill on behalf of B. Shawn McLoughlin, of Newtown, Connecticut and Mono-crete Step Co. of CT, LLC, of Bethel, Connecticut.
“The existing language of General Statutes § 8-2n prohibits zoning commissions from adopting regulations which allow crematories within 500 feet of residential zoning districts. The purpose ofthis statute is, presumably, to protect homeowners from any negative effects from crematory emissions.
“The proposed bill would provide an exception to this rule when the land in question is (a) owned by a municipality and (b) unimproved. There are many parcels of land in our municipalities which are held by the municipalities for various purposes, such as open space or parks, future industrial uses, or are simply undeveloped. However, many municipalities have not engaged in significant planning efforts to identify the appropriate zoning districts for the current and future use of these municipally owned parcels, and many of them default to a residential zoning district of some kind. There is no particular reason that these parcels warrant the protections afforded to homeowners by General Statutes § 8-2n.
“As a result, our zoning commissions are deprived of the flexibility required to optimally site crematories. The proposed bill would return that flexibility to the local zoning commissions, and let them decide the best siting. Importantly, the proposed bill would not require any zoning commission to allow crematories in any particular zone or location, and they would be free to enact additional prohibitions. It would simply allow that decision to be made locally, rather than by statute.
“We have direct experience with the problems created by the existing statute, as my clients proposed a crematory on their property in Bethel last year. The property is bounded by an industrial park on three sides, and on the rear by railroad tracks, behind which is located the town dump and a large parcel of land consisting almost entirely of a swamp and pond. This parcel of land is in a residential zoning district, even though there is no chance of residences ever being constructed on it. This classification required the imposition of a 500 foot buffer, which intruded substantially onto my clients property and forced the siting of the crematory into a location on the property which was perhaps not optimal.
“Cremation of human remains is a growing trend as we run out of burial space and the cost of burial increases. The demand for new crematories will only grow, and the local zoning commissions should have as much flexibility to deal with these proposals as possible.
“As such, we ask that you support this bill.”

View Peter Olsen letter below (click to view larger, then click again to enlarge further):

peterolsentestimonyALL

*****

View H.B. 5483 below:

RAISED BILL NO. 5483:

General Assembly Raised Bill No. 5483
February Session, 2016 LCO No. 1721
*01721_______PD_*
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)

AN ACT CONCERNING THE ZONING OF CREMATORIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 8-2n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

The zoning regulations adopted under section 8-2 or any special act shall not authorize the location of a crematory within five hundred feet of any residential structure or land zoned for residential purposes not owned by the owner of the crematory, unless such land is unimproved and owned by the municipality in which it is located. As used in this section, “crematory” means a building or structure containing one or more cremation chambers or retorts for the cremation of dead human bodies or large animals and “large animals” means all cattle, horses, sheep, goat, swine or similar species commonly kept as livestock.

This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2016 8-2n

Statement of Purpose:

To authorize the zoning of crematories within five hundred feet of land zoned for residential purposes where such land is unimproved and owned by municipalities.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

 

*****

Anyone who is in opposition to the crematorium in Bethel please watch for our future announcements on Bethel Advocate regarding this issue, and consider attending town meetings as dates are posted.

There is also a petition you can sign: http://tinyurl.com/nocrematorium

The crematorium issue is not dead yet in Bethel.

 

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