Parties argue over project’s appropriateness in town

By Greg Ellison

(March 17, 2022) A discussion of a proposed zoning amendment that would permit crematoriums in town as a conditional use resulted in a spirited disagreement at the Monday night meeting of the Berlin mayor and Town Council.

The amendment sought to revise the town zoning code to include crematoriums as a conditional use in districts zoned for light industrial uses. The conditional use designation means the party seeking permission under that rule would need the approval of the Board of Zoning Appeals.

Attorney Joel Todd, representing W. Kirk Burbage and Burbage Funeral Home, reviewed the proposal with the Planning Commission in December and January, with a subsequent favorable recommendation forwarded to the mayor and council.

Burbage Funeral Home is looking to build a crematorium on a 1.6 acre parcel just off Main Street Extended near Route 50.

Planning Director Dave Engelhart said a crematorium is defined as a building or facility containing furnaces for cremating dead human bodies.

“It’s a fairly simple text amendment,” he said. “It was aimed at one particular parcel that the Burbage Funeral Home owns.”

Engelhart said if the text amendment was approved, the project would still need the approval of the Board of Zoning Appeals before it could begin construction.

Objecting to the change were Jon Bulkeley and Bradford Kirby, with Frost Law representing Berlin Living LLC, which owns a large tract of adjacent land.

Bulkeley’s concerns regarding the proposal included the need to regulate emissions and the impact the operation would have on nearby waterways.

“The question the mayor and council need to ask itself before going forward with any of this is do you want a crematorium at the gateway of the ‘Coolest Small Town in America?’” he said.

Town Administrator Jeff Fleetwood replied that approving the amendment would not mean construction could begin on the project.

Bulkeley suggested the mayor and council should take more time to review the matter.

“This approach is more of a procedural backdoor to get this in,” he said. “Once it’s in the code, it’s an allowed use.”

Kirby said the “character” of Berlin is an intangible aspect that adds value for residents.

“It’s not necessarily what you want to have directly next to one of the main thoroughfares that brings you into the Town of Berlin,” he said. “Everybody knows what’s going on in a crematorium and it’s an unpleasant thing to welcome you into the city.”

Kirby said building a crematorium facility would disincentivize development on adjacent parcels.

“I certainly wouldn’t want to build a house next to a crematorium,” he said.

While admitting the amendment approval is not specific to that property, Kirby said its passage would allow development plans to proceed.

“The reason that a crematorium isn’t specified already as a permissible use is when the code was drafted it was not intended,” he said.

Kirby said many options exist to build the facility elsewhere in the county.

“There’s plenty of other areas a crematorium could be built, and it doesn’t necessarily need to be in the town limits,” he said.

Kirby argued that the amendment approach provided a means to gain approvals without notifying surrounding property owners.

“By getting it into the code, it’s already halfway there and an easier battle than a variance,” he said.

Taking exception with the criticisms was Todd.

“It’s not going to be a blight on the community,” he said. “I’m frankly offended that some outside attorneys would come in here and accuse me of doing something sinister by filing this legal pathway.”

Todd said the Burbage Funeral Home has operated in the region since 1810.

“I can assure you whatever Burbage builds and wherever it goes will be nice looking,” he said.

Todd also questioned the assertion that a crematorium would be less than ideal at the northern gateway to Berlin.

“It makes me wonder would he be happier if we put it in downtown Berlin because Mr. Burbage does have some property … downtown,” he said,

While acknowledging his client would not seriously entertain building a crematorium downtown, Todd said Burbage should not be limited to building outside of town.

“Mr. Burbage doesn’t want to do anything that’s going to adversely affect the conditions anywhere in the Town of Berlin,” he said.

While little demand for such services existed in the past, Todd said about 70 percent of the roughly 400 funerals Burbage handles annually request cremation over burial.

“There certainly is a demand for this and that’s only going to increase,” he said.

Todd also questioned opponents’ concerns about the possibility of unhealthy emissions.

“That was a falsehood,” he said.

Todd said modern crematoriums typically include a ventless processing station.

“There’s a built in exhaust plan and a filtration system that reduces … airborne particulates from escaping into the atmosphere,” he said.

Town Attorney Dave Gaskill reiterated that the conditional use would require approval from the Board of Zoning Appeals.

“The Board of Zoning Appeals could deny or put conditions on it,” he said.

Gaskill said the appeals process also involves the zoning board examining potential detrimental impacts on surrounding properties, traffic flow or decreases to land values.

Engelhart said if a conditional use ceases for one year it would be discontinued.

The council voted unanimously to approve the amendment.