B. Shawn McLoughlin, owner of Mono-crete Step Co. LLC at 12 Trowbridge Drive in Clarke Business Park in Bethel, CT, is continuing his quest to build a crematorium in Bethel, CT, on the same property as his present business, in the northwest corner, located close to the street. This is despite the Bethel Planning & Zoning Commission denying all his applications on September 22, 2015, after 2 years of his attempt to have a crematorium approved.
Report by Paula Antolini
October 28, 2015 8:54AM EDT
UPDATE: Crematorium Applicant McLoughlin Continues His Litigation in Superior Court with the Bethel Planning & Zoning Commission
B. Shawn McLoughlin, owner of Mono-crete Step Co. LLC at 12 Trowbridge Drive in Clarke Business Park in Bethel, CT, is continuing his quest to build a crematorium in Bethel, CT, on the same property as his present business, in the northwest corner, located close to the street. This is despite the Bethel Planning & Zoning Commission denying all his applications on September 22, 2015, after 2 years of his attempt to have a crematorium approved. He has continued case number DBD-CV15-6017506-S in the Danbury Superior court, originally filed June 11, 2015, and has filed a Land Use Litigation Application, Application for Case Referral – Land Use Litigation Docket, dated October 27, 2015. McLoughlin is no longer using Attorney Peter Olsen’s services and has hired a new law firm of Cramer & Anderson, located at 30 Main Street, Suite 204, in Danbury CT. Attorney Daniel Casagrande is handling the case.
Bethel Advocate attempted to contact applicant Shawn McLoughlin for comment, but we were only able to contact Shelby McLoughlin, daughter of the applicant. She said, “At this point we really don’t want to make any more comment about it,” and referred us to their lawyer, Mr. Daniel Casagrande. At this time we could only reach the voicemail of Casagrande and have left a message for him to contact us.
Photo above: B. Shawn McLoughlin’s present business Mono-crete Step Co. LLC in Clarke Business Park, 12 Trowbridge Drive, Bethel, CT.
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In this appeal, Shawn McLoughlin (plaintiff/appellant) claims that the reason this case should be transferred to the Land Use Litigation Docket is because when filing a Special Permit Application with the Planning & Zoning Commission (defendant), they (P&Z) deleted the text amendment and denied the Special Permit Application. The document further states, “The appeal will test the limits of the zoning commissioner’s discretion to deny a special permit based on alleged unsuitability to the neighborhood after ruling only months earlier in allowing the use as a special permit, that the use is compatible with the district. Appellant also intends to raise issues of improper influence and prejudgment. Appellant also believes that mediation through the Land Use Litigation Docket may be productive in moving the case toward resolution or at least narrowing the issues.”
The status of the litigation states, Administrative Appeal: there were no briefs or records filed; Miscellaneous Land use litigation/environmental enforcement: Pleadings are open, discovery is not complete and there is no trial date assigned. It says there will be no hardship for the attorneys or parties by transferring to the Land Use Litigation Docket and that the attorneys and parties consent to the transfer.
The Planning & Zoning Commission made their final vote on the crematorium on September 22, 2015 and denied all applications from McLoughlin for Special Permits to allow a crematorium in Bethel, CT. CLICK HERE to read an account of the final resolution details “Plans for a Bethel Crematorium Go Up In Smoke, Bethel P&Z Denies All Crematorium Applications.”
The vote was 4 to 3 to deny the applications. Voting to DENY were Commissioners Don Brown, Earl Finch, Lou Valenti and Chairman Pat Rist. (Voting to APPROVE were Commissioners Kitty Grant, Bob Legnard, John Lennon.)
Photo above: Seated Planning & Zoning Commissioners for the crematorium hearings. Left to right, Don Brown, John Lennon, Bob Legnard, Pat Rist, Kitty Grant, Sandi Forman (not seated), Earle Finch. (Not shown in photo is Lou Valenti, who was also seated.)
*****
Bethel Advocate will update you when the legal notices are published, and also will post updates about any future information regarding the crematorium. There is still a pending court case from applicant B. Shawn McLoughlin, MCLOUGHLIN, B. SHAWN v. PLANNING & ZONING COMMISSION OF THE TOWN OF BETHEL Et Al, number DBD-CV15-6017506-S.
As of October 27, 2015, there is a scheduled date of November 2, 2015, at 9:30a.m. for a conference proceeding.
View documents below. CLICK ON IMAGES TO VIEW LARGER., then click again on next page to enlarge more.
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To read a history of Bethel Advocate stories about the crematorium in the past two years, CLICK HERE.
To view and/or sign the petition and read residents’ comments, CLICK HERE.
To join the Bethel Advocate Facebook page, and get daily local news updates and event information via your Facebook newsfeed, CLICK HERE.
To read our daily news and events website, CLICK HERE.
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