Decision on crematory permit more than a month away
By Tom Callis, Peninsula Daily News
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About 80 people, most against the proposed business, attended the hearing at the Clallam County Courthouse.
The commissioners heard arguments from each of the three attorneys involved, as well as a few of the people they represent — but it did not come to a decision on the crematory's conditional use permit.
Instead, the three commissioners are expected to make a decision either at their Oct. 21 or Oct. 28 meeting.
The commission has three options:
The permit would allow the crematory to locate itself at 108-B Business Park Loop in the Carlsborg Industrial Park.
The permit is needed because crematories are not addressed in Clallam County's zoning code.
The crematory, proposed by Jason Linde of Linde Family Funeral Services, received the permit on May 7 from Clallam County Hearing Examiner Chris Melly.
Melly presided over a public hearing on the subject on April 23.
Permit appealed
Brian Magner, owner of Gabby's Java and Gourmet Grub on Business Park Loop, and Citizens of Carlsborg appealed the permit to the commission on July 7.
Citizens of Carlsborg formed after the April 23 public hearing to oppose the crematory.
The crematory opponents filed an appeal for reconsideration on May 19, which Melly denied on June 20.
Prior to making their decision, the commissioners will review written briefs from each attorney.
The commissioners had received the attorneys' opening briefs on Tuesday, and did not have enough time to review them, said Commissioner Mike Chapman.
The attorneys have until Sept. 30 to submit their briefs in response to each others opening brief to the commissioner.
A deadline of Oct. 14 was selected by the commissioners for briefs in reply to those responses.
"This will give us more time, and make sure that the attorneys point out all the things they want to consider," Chapman said.
The information in the briefs had to have been public record prior to the Tuesday hearing, he added.
Crematory plans
The crematory would be freestanding with 6-by-14-8 foot ceramic walls, which Linde wants to operate on behalf of the People's Memorial Association.
The association offers low-cost after-life services.
Cremation costs association members $649, which is less than the $1,200 to $2,700 price range charged by other funeral providers.
Linde already stores cadavers at 108-B Business Park Loop, which are transported to a crematory in Seattle for incineration.
He spends $5,000 a week transporting the cadavers, according to his attorney.
Two of the attorneys at the hearing on Tuesday represented opponents of the crematory.
The attorneys are:
Clallam Deputy Prosecuting Attorney Douglas Jensen was also present, representing the Clallam County Department of Community Development.
Objections
The bases of contention for crematory opponents are:
Susanne Severeid, Citizens for Carlsborg spokesperson, said the sign posted at 108-B Business Park Loop publicizing the public hearing couldn't be read from the edge of the property.
Since veterinary clinics are allowed in the area, Melly concluded that a crematory would be similar enough to already-approved land uses — such as veterinary clinics — on the premise that they use pet crematories.
Steel said the crematory would be much more like a cemetery — which he claims is not allowed in the Carlsborg industrial zone — since they both deal with human remains.
Miller also agreed to this point.
"It's the wrong use in the wrong place," he said.
Miller said there are two restaurants near the proposed site that would be negatively affected by the crematory.
"We should encourage new development, not discourage business from [staying]," he said.
Severeid said at the hearing that negative impacts from a crematory, such as the physiological affects of living or working near one, can't be mitigated.
"It's not about whether for or against cremation," she said.
"It's about helping those who already exist in the community."
Valdena Culp, co-owner of Old Mill Cafe on Carlsborg Road, said the existence of a crematory nearby would create a stigma that, as a business owner, she could not get rid of.
'No proof'
Neupert said the opposition hasn't provided any information to prove that the crematory would have a negative affect to the community.
It is not the role of the hearing examiner to determine the best location for a crematory, but to ensure that it meets the standards for a conditional use permit, he added.
"This is my client's profession," Neupert said.
"This is his business.
"It does no good to send it back to the hearing examiner."
Neupert said a days worth of emissions from the crematory would be comparable to the emissions from a car trip from Port Angeles to Sequim.
Linde said the crematory would have a secondary afterburner to reduce pollution, and would be monitored for breakdowns.
"I don't make mistakes in processing human remains," he said.
Melly will preside over the appeal of the occupancy permit, filed by the crematory opponents, at 10 a.m. today at the commissioner's hearing room at the county courthouse, located at 223 E. Fourth St. in Port Angeles.
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Reporter Tom Callis can be reached at 360-417-3532 or tom.callis@peninsuladailynews.com.
Last modified: September 16. 2008 9:00PM