Appeals board rules against crematory

The Snellville Board of Appeals voted to reverse the city’s decision to issue operating licenses to a controversial crematory.

By a 3-2 vote Tuesday night, the board revoked the crematory’s certificates of occupancy and development conformance. It ruled that the building plan submitted by the crematory in 2006 was substantially different than the actual operation that opened Sept. 2, including the installation of a smokestack.

The appeals board effectively overruled the city planning department, which judged earlier that the crematory was not substantially different from its original plans.

The matter now goes back to the City Council for a vote, likely in November, on whether to accept those plan changes, said Jason Thompson, acting city planner.

But Cremation Society of the South could be shut down before then, Thompson said, adding that City Attorney Mike Williams likely will weigh in today.

Crematory owner Chris Nuzum, whose attorney argued before the appeals board, could not be reached for comment.

The appeals board is made up of Snellville residents who are appointed by the City Council to two-year terms.

Councilwoman Kelly Kautz, who recently drafted an ordinance that would regulate air emissions from crematories and other businesses, was “surprised, but pleased” by the board’s ruling.

Kautz said she still plans to push forward with her ordinance, which the City Council is expected to vote on Oct. 27. “It’s still in my opinion a good ordinance and something that needs to be done.”

Mayor Jerry Oberholtzer was “a little shocked” by the ruling, adding that he reviewed the building plans and that they were not substantially different from what went in.

“It looks like we’re going to be in a lawsuit,” he said.

Attorney Frank Jenkins — who argued Tuesday night on behalf of residents Milus and Charlene Maney, who filed the appeal — said the crematory should be shut down immediately.

“Since [the board] made the decision, it’s the same as not granting the permit,” he said.

But, Jenkins added, “it’s not over,” referring to the council’s upcoming vote and the crematory’s options for appeal.

Sandy Reiter, a three-year resident who lives in a subdivision across the street from the crematory, attended the appeals board meeting and was glad she did.

She said unlike City Council meetings, “where [residents] have gotten nowhere,” the board’s ruling surprised everyone.

“I couldn’t sleep last night,” she said Wednesday. “I couldn’t believe what we heard.”

The months-long crematory debate has escalated into one of the most controversial issues in city history. Nearby residents have charged that the business threatens their health. They have been supported by Kautz.

Nuzum has said the city is unfairly targeting his business at U.S. 78 and Abington Drive, and that it meets all state and federal environmental standards. Oberholtzer supports Nuzum’s position.