JCC Planning Commission Gives Nod to Large Mausoleum Plan

By Desiree Parker Saturday, October 08, 2011

Though James City County Planning Commissioners empathized with residents of the Meadows and several St. Bede church parishioners who opposed the church’s planned mausoleum complex, the commission voted to give the plan the green light.

Planning commissioners faced a packed crowd Wednesday evening, with dozens of speakers who were mainly Meadows residents and church parishioners arguing against approval over the course of four hours. A handful of parishioners who attended argued for the plan. The commissioners said they understood that neighbors were upset but a majority felt the case had to be considered only based on the land use decision before them, and they felt the use was consistent with the earlier master plan.

Citizens’ concerns about the mausoleum centered on the large scale of the project; irritation that the county and applicant had not communicated the plan with most nearby property owners; a fear about impacts on health, public safety and property value; likely increases in traffic; parking issues; concern over long-term maintenance of the area; construction noise and odor of decaying bodies.

One speaker argued that 9,000 bodies would mean roughly one funeral would need to be held every day to fill the crypts in 25 years.

Another said that the 9,000 bodies would mean “one million pounds of decomposing flesh” that would lead to foul odors and flies.

The applicant’s attorney Greg Davis said that the buildings would have no odor, because the bodies would be inside sealed coffins that are inside well-sealed crypts. He said there would be no discharge of fluid outside a few periodic drops, so a drain would not be needed.

He also pointed out there would be a 50-foot buffer between the buildings and the closest Meadows’ properties as well as a larger buffer between the buildings and Ironbound Road to screen the buildings from view.

Davis said it may take 25 years, or even longer, before all the buildings are built, and he argued there would be no drop in property values.

Modern mausoleums are welcoming places with temperature controls, lighting and seating, Davis told commissioners, and people not only have funeral services inside but also sometimes have weddings, too.

Deputy County Attorney Adam Kinsman explained to commissioners that the county had tools to deal with many of the concerns citizens had, including enforcing the county’s nuisance ordinance, having the stormwater division enforce any violations relating to liquid discharges, or even revoking the Special Use Permit if there are serious noncompliance issues.

Planning Commission Chairman Jack Fraley asked staff to address some of the citizens’ concerns regarding drainage, buffers, parking and public notification, and staff explained that all aspects had been addressed properly. Staff noted that cemeteries are permitted on church property within the residential district that encompasses the area; the county doesn't define mausoleums in its ordinances, but the zoning administrator deemed a mausoleum similar in nature.

After a citizen comment on the point, Kinsman agreed that there may be a conflict between the current positioning of one building and an old state law calling for 250 yards of distance between a cemetery and a residence. The commission’s approval is contingent on clearing up the issue before it goes to the Board of Supervisors.

Commissioner Joe Poole, who voted against the application, said, “the scale of this current proposal… gives me pause.” He said he felt the residential zoning of the area doesn’t lend itself “to this type of development.”

Poole indicated he was disappointed that the Development Review Committee had asked the applicant to hold a public meeting, but the meeting had never taken place.

Commissioner Al Woods also voted no. He was sensitive to the citizens’ comments, he said, and felt that “the scale of the project… is inconsistent with the original master plan and design characteristics presented at that time [of the original plan].”

Commissioner Rich Krapf agreed that the case was very sensitive and admitted that he also didn’t like the scale of the project. However, he said he felt there was no risk to public safety or welfare, and that the case needed to be considered not based on feelings but on its merits as a land use case.

Also, after doing research on the case, Krapf noted that in-ground burials are considered by many to pose more of an environmental risk than mausoleums.

The other commissioners also voted in favor of the application, citing similar thoughts and highlighting that staff also supported the application.

The application is set to go before the Board of Supervisors on Nov. 8.