Carlsborg crematory permit upheld, but foes vow to face commissioners
By Jim Casey, Peninsula Daily News
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The bout, though, isn't over.
Clallam County Hearing Examiner Chris Melly on Friday denied a motion to reconsider his approval of a conditional use permit for a crematory at 108-B Business Park Loop.
Arthur B. Green III, director of a group opposed to the facility, promised that Citizens for Carlsborg would appeal the issue to the three Clallam County commissioners.
"We feel that, in the end, it comes down to a proper application of the intent of the zoning code, and to . . . recognition that [this] is the wrong location for the future growth of the Carlsborg area," Green said.
Attorney Gerald Steel of Olympia represents both Brian Magner, owner of Gabby's Java Hut, 471 Business Park Loop, and the citizens group.
While Magner has been a party of record since the beginning of the controversy, Melly also refused Friday to grant party-of-record status to Citizens for Carlsborg because they coalesced after the initial hearing on the permit.
Melly held that hearing on April 23. He approved the permit on May 7, and Steel moved for reconsideration on May 19. Melly held the reconsideration hearing June 11.
Hearing set record
Under the Clallam County Code, testimony at the initial hearing established the record on which Melly can rule, and on which Steel and Magner can appeal.
Melly also rejected additional evidence — namely, that no veterinary crematories operate in Clallam County — as extraneous to legal issues in the case.
Linde had said and Melly had accepted that crematories are common to veterinary clinics that are allowed in Carlsborg's light industrial zone.
Finally, Melly wrote he neither had made an "obvious legal error" nor had overlooked any "material factual issue" in his decision.
If county commissioners don't reverse Melly — and opponents don't subsequently take the question to Superior Court — Linde will install a 6-by-14-by-8-foot ceramic-walled crematory in the storage building he already uses to keep cadavers in refrigerated storage.
Cadaver storage
At the April hearing, Linde told Melly he will operate the crematory to serve members of the People's Memorial Association, which arranges low-cost after-death services for its members.
Presently, Linde stores members' remains in the Carlsborg building, then takes them to Seattle for cremation.
"Although I'm sympathetic to the opposition, I just really think, with the economy we're in, we need new businesses and jobs," Linde told Peninsula Daily News on Friday.
While opponents have suggested he locate the crematory in a cemetery, no public cemetery would allow a private operator, he said, and no private cemetery would allow a competitor.
"That's not feasible," he said. "It's not possible."
As for the appeal to county commissioners, Linde said, "I've planned on that."
Calls county 'afraid'
When he developed his plan, he added, he considered what avenues his opponents could follow.
"I planned it out to the longest extent," he said.
Green, the citizens group director, issued a statement that said Friday was "a sad day for American justice."
Green added that Melly chose "to silence the voice of the people" by not granting party-of-record status to the group.
"Why is Clallam County so afraid of hearing what Citizens for Carlsborg has to say?" he said.
If installed, the crematory's neighbors would include a daycare, post office, restaurants, homes, and businesses.
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Reporter Jim Casey can be reached at 360-417-3538 or at jim.casey@peninsuladailynews.com.
Last modified: June 21. 2008 9:00PM