Gwinnett County News 10:13 p.m. Tuesday, November 16, 2010

Tucker crematory plan rejected, residents cheer

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The Atlanta Journal-Constitution

Gwinnett County commissioners rejected plans for a crematory Tuesday night, bringing more than 300Tucker residents to their feet, applauding, yelling and waving signs that said "No."

By a 3-0 vote, commissioners denied a special-use permit that would have allowed a 436-square-foot incinerator for Bill Head Funeral Home on Lawrenceville Highway. The addition would have sat about 100 feet from several residences and within a half-mile of 17 subdivisions in the Gwinnett County portion of Tucker.

"I feel almost like a warm feeling over me," a teary-eyed Tia Severino said after the decision at the Gwinnett County courthouse in Lawrenceville. "Now I can think about what to put under the [Christmas] tree."

But the vote, which at least one commissioner based on land use that conflicts with the county's 2030 unified plan, isn't likely to end the dispute. Gerald Davidson, attorney for Bill Head, told a group of reporters afterward that he will encourage his client to file a lawsuit.

"Am I surprised? No," Davidson said of the decision. "Do I think they're justified? No."

For weeks, Tucker residents have expressed opposition to the proposal, fearing a crematory would lower property values, emit toxins such as mercury and, as some Asian-Americans contend, ruin their feng shui.

Davidson contends that the residents' arguments, particularly over emissions, are misguided. He said there are six or seven crematories already in Gwinnett County. Some are near churches. Others sit next to schools. Still others mingle with homes.

"It's not a health hazard. It's not going to affect their children," he told commissioners. "It will not have an adverse impact whatsoever. They will not even know it's there."

Little data exists on crematory emissions. The Environmental Protection Agency has opted not to regulate crematories, and the state's Environmental Protection Division doesn't require them to have an air quality permit.

Severino, whose 4-year-old son Luke has autism, told commissioners that the lack of regulations is not a safety endorsement.

"To say crematories must be safe because they're next to schools is not logical," she said. "We believe crematories will pollute."

Helen Kim Ho, executive director of the Asian American Legal Advocacy Center, told commissioners that a crematory would drive the mostly Asian-American community in that part of Tucker out of Gwinnett County.

"It will lead to a mass exodus from the area," Ho said. "You will no longer be able to promote Gwinnett as an international gateway."

Not everyone opposed the crematory, which would be relocated from Bill Head's Lilburn site to the funeral home in Tucker.

"I don't buy the arguments about the mercury or the pollutants," said Robert Corley, a retired funeral home director. "[Bill Head] is a good Christan fellow, and he wants to do the right thing."

After Tuesday's hearing, state Sen. Steve Henson told The Atlanta Journal-Constitution that he believes the General Assembly needs to re-examine data over crematories.

"I do think there's every cause for concern," he said.

For residents of Tucker, that concern has been mitigated, at least for now.

"I'm very happy," Ming Jing, who lives within a half-mile of the proposed location, said after the vote. "Tonight, I can relax."

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