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North East Zoning Board of Appeals members met on Thursday, Jan. 15, to hear a request from the Vitiello family, who own the property at 208 Cooper Road, to reconsider a 2005 ZBA decision that bars the residence on the property from obtaining a certificate of occupancy. The residence has been occupied for years despite a court injunction and an affirming appeals court decision in 2018 that ordered the house must be vacated.
Photo by Aly Morrissey
MILLERTON — A decades-long dispute on Cooper Road returned to the spotlight on Thursday, Jan. 15, as a tense meeting of the Zoning Board of Appeals (ZBA) concluded with members unanimously rejecting a request to reconsider a decision that was made more than 20 years ago — a move that would have reopened conditions tied to the property’s original approval.
At the center of the conflict is an illegal dwelling owned by Erasmo and Josephine Vitiello on Cooper Road that has never received a certificate of occupancy. Although the structure received a building permit in 2005, it remains illegal under the town’s zoning code. Litigation between the town and homeowners in 2018 resulted in an injunction requiring the property to be vacated. The home, however, remains occupied, prompting public questions about enforcement by the Town Board.
Homeowner Josephine Vitiello appeared before the ZBA and spoke at length about her family’s efforts to “do all of the right things” in pursuit of a certificate of occupancy, telling the board that the prolonged dispute has caused significant turmoil for her family and their neighbors. Vitiello claimed the two outstanding items stemming from the 2005 decision — issues related to her driveway and drainage — have been “substantially completed.” ZBA member Jeff Stark pressed Vitiello with sharp questions before the board voted unanimously not to move forward with reconsideration.
The zoning issue
Town Attorney Warren Replansky said during the meeting that the building permit never should have been issued, explaining that the structure was approved as a shed but built as a single-family residence without the required frontage. Replansky characterized the original paperwork submitted to the building inspector as a “false application.”
Under the town’s zoning code, a residential lot must abut a public street for at least 40 feet in order to be legally permitted. While the Vitiellos’ driveway provides access from Cooper Road to the home and is approximately 10 feet wide, the lot itself does not meet the frontage requirement because it does not directly abut the roadway as required by zoning.
Family impact
Vitiello said that her son, daughter-in-law, and two young grandchildren live together in the home.
“We have been part of the community for 30 years,” she said. “My children literally grew up here, and we’ve done everything possible to try to resolve any issues.”
She described the home as well maintained and said the driveway is safe and fully functional, adding that meeting the town’s sight-distance requirements is impossible because the driveway is curved.
“I’ve tried it all,” Vitiello said. “Twenty years is a long time to still be dealing with this. I just want to move on and continue minding my own business — like we always have.”
Public criticism
The request for reconsideration follows renewed public criticism from Cooper Road residents, including comments at recent town meetings calling for stronger zoning enforcement related to the property.
North East resident Tyler Graham recently created a group called “Save Millerton” that he hopes will call attention to gaps in town zoning enforcement and demand greater transparency, among other things.
The group’s focus grew out of the long-running dispute on Cooper Road, where Graham and several neighbors allege that the Vitiello property has gone unenforced for years and caused tension in the neighborhood. Graham was not present at the Thursday night meeting.
Ed Covert, whose property is adjacent to the Vitiellos’, has also expressed frustration with the lack of zoning enforcement. He maintains that the driveway is actually not a driveway, but a “right of way” that passes over his property that he said is being “destroyed” by widening the path, changing angles and laying down peastone without permission. Covert said he was pleased with the decision of the ZBA.
Strong questioning from ZBA’s Jeff Stark
ZBA member Jeff Stark was the first to question Vitiello, referencing the long history of litigation tied to the property.
“In the past 20 years, the Vitiellos have sued everyone and everyone has sued the Vitiellos over this property,” Stark said, before asking why the Highway Supervisor and the Building Inspector were the only officials not involved in past lawsuits.
Stark asked, “Are you aware that if a building inspector refuses to grant the building permit and abuses his discretion, that a judge has the power and the duty to require him to issue them?”
In response, a confused Vitiello asked, “You're questioning why I'm not suing one of your departments? I find that a little rough, but if I can't get it resolved in this manner then I guess that's going to have to be the next step.”
Changing course, Stark said he was not suggesting any specific course of action. He framed his comments as questions about jurisdictions, asking why Vitiello believed the issue fell under the ZBA’s jurisdiction and not the highway department.
Under town law, the ZBA does not have authority to determine whether a driveway meets safety or highway standards, which fall under the jurisdiction of the highway supervisor.
“Everyone keeps pointing to everyone else,” Vitiello said. “I’m here to tell you that I’ve tried it all.”
Internal conflict among ZBA
In the lead-up to the vote, tensions surfaced among board members during a procedural discussion involving Town Attorney Warren Replansky, who attended the meeting in-person at the request of ZBA Chair Edie Greenwood. Replansky said reconsideration would require a unanimous vote and that a motion to reconsider would first need to be made, though such a motion would not constitute a vote in favor of the homeowner.
Stark pushed back sharply.
“I don't believe that,” he said. “In fact, I don't believe much of what our attorney just said.”
Stark went on to argue that the wording of the board’s original decision 20 years ago was “faulty in the extreme,” and likely led the Vitiello family to believe the ZBA had taken on responsibility for determining whether their driveway met legal or safety standards.
“We don't have the right to take over that decision,” Stark said. “But reading our first decision, she might well have believed we thought we did.” He reiterated that the role belongs to the highway supervisor.
Tensions emerged again over the written statement to be issued following the vote, which requires signatures from board members. While Greenwood asked Replansky to draft the document, Stark objected, saying he would not sign a version prepared by the town attorney.
“I’ve already written a decision,” Stark said. “You can have Mr. Replansky write a decision for the rest of you. But I’ll be signing the decision that I wrote.”
The News was unable to reach Stark for clarification as to why he had prepared a written decision prior to the hearing.
The board ultimately voted in favor to request a statement from Replansky, with Stark as the only member who voted “no.”
Stark also criticized Greenwood’s decision to request Replansky’s attendance at the meeting, citing the cost of legal fees and pointing out the collective experience of the board. “I request that any future decisions about whether we need counsel or not be determined by the board,” Stark said.
With the ZBA declining to reopen the case, any further action related to the occupied dwelling — including enforcement of the existing injunction — now rests with town officials outside the board.
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Edward Aparo
Jan 16, 2026
Edward Aparo
Edward Aparo
Edward Aparo passed away peacefully at his home on January 7, 2026 surrounded by his loving family.
Edward was born on May 10, 1936 in New Britain, CT. He was the beloved son of the late Anthony and Rose Valenti Aparo and attended New Britain schools. On April 7, 1958 Edward married his school sweetheart Jean Ackerman beginning a devoted marriage that spanned 67 years. Together they built a life rooted in family, hard work and love.
Edward began his career working in the family business, Aparo’s Electric Motor Service Inc. where he learned the trade alongside his father. Following his father’s passing, Edward became the owner of the business, carrying on the family legacy with dedication and pride. Edward is survived by his loving wife Jean Ackerman Aparo, his sons Stephen Aparo and his wife Marie of New Britain, CT and Craig Aparo and his wife Valerie of Naples, Fl, his sister Arlene Aparo StGermain and husband Joseph of Hobe Sound FL and his cherished grandchildren Danny Aparo and wife Nicole, Tyler Aparo and Morgan Wilson and Jared Aparo all of New Britain.
Services with be private.
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Dr. Mark Marshall, an internist at Sharon Hospital, said, “The statistics suggest it’s the worst flu season in 30 years.”
Photo by Bridget Starr Taylor
A severe and fast-moving flu season is straining health care systems on both sides of the state line, with Connecticut and New York reporting “very high” levels of respiratory illness activity.
Hospitals, schools and clinics are seeing a surge in influenza cases—a trend now being felt acutely across the Northwest Corner.
“The statistics suggest it’s the worst flu season in 30 years,” said Dr. Mark Marshall, an internist at Sharon Hospital.
According to the U.S. Centers for Disease Control and Prevention, respiratory illness activity is currently classified as “very high” in both Connecticut and New York. Emergency department visits for influenza are very high and increasing, the agency reported, while COVID-19 and respiratory syncytial virus (RSV) activity remain at low levels but are also trending upward.
Health officials say the holiday season created prime conditions for the virus to spread, as people gathered indoors in close quarters and traveled more frequently, increasing exposure and transmission.
Hospitals, schools, nursing homes and primary care providers across the Northwest Corner are also reporting unusually high flu volumes.
Dr. Sarah Humphreys, chief medical officer at Community Health and Wellness Center in North Canaan, said influenza has dominated patient visits since the holidays.
“We’re seeing a ton of influenza. People are coming in with body aches, fever, congestion and gastrointestinal issues,” Humphreys said.
She noted that clinicians are also seeing many infected children, particularly those connected to boarding schools. One private school in the region, she said, shut down prior to winter break after reporting more than 100 flu cases. “At boarding schools it spreads like wildfire.”
Sharon Hospital sees worst flu season in decades
At Sharon Hospital, emergency department physicians are reporting a sharp increase in influenza cases, with more patients requiring hospitalizations than in a typical winter.
Between Dec. 1 through Dec. 9, “Our emergency department saw 100 patients who tested positive for influenza A,” said Marshall. Of those patients, he said, 11 required hospitalizations.
The Sharon Hospital physician said clinicians have seen an uptick in flu cases since the COVID-19 pandemic eased, which he attributed in part to people becoming less vigilant about preventive measures such as staying home when sick, masking when appropriate and hand hygiene.
He also noted that a mutated strain of influenza A, H3N2 subclade K, which is associated with more severe illness, particularly among older adults and individuals with preexisting health issues, is contributing to higher hospitalization rates.
New York confirms regional surge
That local experience mirrors what health officials are reporting across New York.
The New York State Department of Health announced Jan. 2 that the state recorded the highest number of flu-related hospitalizations ever reported in a single week.
“We are having a more severe flu season than prior years,” State Health Commissioner Dr. James McDonald said in a statement. “Almost 12,000 more people were admitted to a hospital during this most recent seven-day period compared to the prior week.”
The department’s most recent data shows a total of 4,546 flu-related hospitalizations statewide, nearly 1,000 more than the previous week.
Marshall said the impacts of the flu season extend beyond Sharon Hospital and the Northwest Corner, with mounting pressure within the broader Nuvance/Northwell health network, underscoring the pace at which the virus continues to spread.
He described what clinicians refer to as “surging,” a rapid influx of patients arriving with respiratory illness, many of whom require hospitalization, which leads to backups as patients wait in emergency departments for inpatient beds.
“We’re seeing a little of that in Sharon, but at Vassar, they are seeing severe surging,” Marshall said, referring to Vassar Brothers Medical Center, a 349-bed, acute care hospital in Poughkeepsie.
Primary care clinics report heavy flu volume
The North Canaan Community Health and Wellness Center has been inundated with flu-infected children in recent weeks, and officials advise families to isolate sick children from older adults and others most at risk for serious illness.
The facility’s chief medical officer emphasized that clinicians continue to recommend the seasonal flu vaccine, despite misinformation suggesting this year’s vaccine is ineffective because it was distributed before the emergence of the H2N3 strain.
“The flu vaccine will decrease the severity of the illness. Unfortunately, it has not stopped spreading,” said Humphreys, who also advised people to protect themselves by wearing a mask in waiting rooms or while moving through health care facilities where the virus may be airborne.
Schools see absenteeism rise
Public and private schools across the region have also been affected by this year’s brutal flu season, particularly in the weeks leading up to the holiday break.
On Dec. 19, the last day before winter break “about 12 percent of the high school’s population, 39 students, were absent,” Nichols noted. Teachers, too, caught the flu, with about 36 staff members falling ill prior to the break.
However, once students returned to class after break, flu cases declined.
“When you don’t have 200 to 300 kids in the same space, you lessen the transmission,” said School Superintendent Melony Brady-Shanley.
“I wouldn’t be shocked if in the next couple of weeks to 10 days, between COVID, RSV and Flu, that the numbers go up.”
Brady-Shanley stressed the importance of keeping children home when sick until they are fever-free, and reinforced basic hygiene.
“If you can get kids to wash their hands three to four times per day, they are less likely to get sick.”
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Ed Sheehy and Tom Taylor of Copake, New York, and Karen and Wendy Erickson of Sheffield, Massachusetts, traveled to Salisbury on Saturday to voice their anger with the Trump administration.
Photo by Alec Linden
SALISBURY — Impassioned residents of the Northwest Corner and adjacent regions in Massachusetts and New York took to the Memorial Green Saturday morning, Jan. 10, to protest the recent killing of Minneapolis resident Renee Nicole Good at the hands of a federal immigration agent.
Good, a 37-year-old mother of three, was shot at close range by an officerwith Immigration and Customs Enforcement, commonly known as ICE, on Wednesday, Jan. 7. She and her wife were participating in a protest opposing the agency’s presence in a Minneapolis neighborhood at the time of the shooting.
The incident sparked protests and vigils nationwide, both in remembrance of Good and in opposition to what demonstrators described as a broader pattern of government overreach.
In Hartford on Thursday evening, Jan. 8, two vehicles that authorities believe were operated by ICE officers drove through a crowd that had gathered in memory of Good. Connecticut Public Radio reported that at least one person had been struck by the vehicles and that police are investigating potential charges.
In Salisbury, the protest unfolded calmly but with a palpable sense of urgency. Just before noon, roughly 160 demonstrators lined Route 44, holding signs and cheering as passing motorists honked their horns.
Organizer Sophia deBoer stood alongside her husband, Lee deBoer, and fellow activists Kathy Voldstad and Amy Lake to greet demonstrators as they arrived. Along with Al Ginouves, the group has organized weekly protests against the Trump administration since April 2025’s nationwide “Hands Off” movement.
“It’s time that people stood up to this lawless administration,” Sophia deBoer said as the crowd waved their signs.
Local immigrants’ rights advocate John Carter echoed that sentiment. “I need to put my body where my soul is,” he said.
Attendees cited a range of emotions for turning out, from anger and fear to cautious optimism
Joan Gardiner said it was “outrage and fear” that brought her to the protest, while Christine Clare said, “Being out here today, this makes me hopeful.”
Calls for justice dominated many of the messages displayed on protesters’ signs. Asked what motivated him to attend, Salisbury resident Louis Tomaino pointed to the words on his sign: “We all saw Renee Good murdered. And we all saw murder excused.”
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