Too Late To Oppose Proposed Crematorium Near Mercer School: Township

Community Corner

Too Late To Oppose Proposed Crematorium Near Mercer School: Township Robbinsville said denying the permit at this late stage would open the township to costly litigation.

MERCER COUNTY, NJ – Following a petition by residents opposing a crematorium near an elementary school in Robbinsville, the township saying it is too late to protest.

Robbinsville has pushed back saying denying the permit once granted could prove to be costly.

Princeton Memorial Park plans to build a crematorium at 403 Gordon Road, close to Sharon Elementary School and residential homes.

Residents started a petition urging the New Jersey Department of Environmental Protection (NJDEP) to stop building the crematorium saying they were concerned about potential health risks from air pollutants like sulfur dioxide, nitrogen oxide, and even mercury.

Robbinsville said it received the land use application on March 27. "Current State law allows crematoriums to be built in cemeteries, and the Township cannot deny such use. If we did, the Township could be subject to costly litigation by the applicants or others. Moreover, the time for appeal or reversal of the Board decision has expired, therefore we cannot bring it back for review by the Board," the township said in a statement.

The proposed building would be a 1,350-square-foot, one-story structure, which is approximately the same size as a two- or three-bedroom apartment.

"The building will not be seen from either Gordon or Sharon Roads, nor from Sharon School due to specific landscape plans. Those plans include the existing mature tree line next to Sharon School and the location of the building in proximity to the New Jersey Turnpike," Robbinsville officials clarified.

The township said that during the public hearing on the matter on June 18 no one from the public spoke for or against the application.

And before that public hearing, certified letters were sent out to all landowners within 200 feet of the cemetery. There was no response to the notice either, the township said.

The application was then forwarded to the Robbinsville Environmental Commission for informational purposes and the Commission did not have a quorum at the time the application was on its agenda.

"The Commission's lack of comment is not grounds for the matter to return to the Land Use Board because they can only make recommendations and cannot require changes or deny the application," the township said.

"Since this is not a redevelopment area, the application would not be presented to the Township Council as part of the approval process."

As per the Conditional Use granted to the crematorium owner, the hours of operation for the crematorium would be Monday through Friday from 9 a.m. to 5 p.m.

During this time, the crematorium would only be able to perform one or two cremations per day since the average length of cremation, as per the manufacturer's specification of the unit, is 90-100 minutes, the township said.

The hours referenced in the DEP draft application referred to maximum operating conditions or 3,800 hours per year, 10 hours a day, 365 days per year.

The petition by residents highlighted the various pollutants that would be emitted into the air including volatile organic compounds, sulfur dioxide, nitrogen oxide, carbon monoxide, methane, ammonia, lead and other particulate matter.

These can be harmful to children and vulnerable populations.

The petition also notes that the draft preconstruction permit does not require monitoring or record-keeping for emissions from the DEP.

However, the township said that the allowable outputs referenced on the permit application are the maximum allowable outputs as per State law.

"The applicant has to agree and prove that they will not exceed these emission rates. If they do, notification to the NJDEP is required, which may subject the applicant to fines," Robbinsville said.

"The cremation units have emission monitors built into the unit, which have to be operational at all times as per the permit requirements. In reviewing page 6 of 9 of the NJ DEP permit application, the numbers below are the proposed actual outputs based on the unit being installed."

The township also said that there would be no visible emissions and smell from the unit.

The DEP has strict rules on how crematoriums operate, which they must follow at all times.

"The overall permitting process is very expensive, time-consuming and rigorous to ensure all requirements are met and overall operation is safe for both the employees and the surrounding public. The applicant also submitted an environmental impact study with the overall zoning application, which noted that the emissions from the New Jersey Turnpike would have a greater presence than the proposed crematorium," Robbinsville said.