A crematory owner cleared a major hurdle Tuesday by obtaining a state license to open a business near homes in Snellville.

Despite heated and ongoing opposition by dozens of residents, Chris Nuzum, owner of Cremation Society of the South, is entering the final stages to allow him to operate on U.S. 78 near Abington Drive. He has said he wants to open for business this month.

"I'm disappointed, but not surprised," said Snellville Councilwoman Kelly Kautz, who has successfully lobbied for the city to research whether there could be an environmental impact in allowing a crematory to open near homes. That study is ongoing.

On Tuesday, the Georgia State Board of Funeral Service reviewed his application, the inspection report and the certificate of zoning issued by Snellville before giving Nuzum the go-ahead.

Secretary of State spokesman Matt Carrothers, who is aware of the controversy, explained that the state can only make sure requirements are met to issue a license; the state does not get involved in zoning disputes.

A statement he released Tuesday read, in part:

"The Board lacks the discretion or the ability to intervene in a conflict between the applicant and the city regarding the suitability of the facility in the community or neighborhood."

Now, it falls to the city to determine whether the crematory, in a renovated old home, can open as planned.

Nuzum has applied for a Certificate of Occupancy, a permit required for any business to open in Snellville. Nuzum has not returned repeated calls seeking comment about the controversy, but he has told Atlanta Journal-Constitution columnists that he is willing to address residents' concerns.

Mayor Jerry Oberholtzer said Nuzum is following city procedures and shouldn't be discriminated against because some residents don't want the business as a neighbor.

Kautz said the council may need to hold a special called meeting, before the regularly scheduled Aug. 25 meeting, to discuss whether city employees will issue the operating permit.