Neighbors question Islamic cemetery plan

EAST NOTTINGHAM >> The Islamic Society of Delaware has applied for a special exception to establish a cemetery in Upper Oxford, and many of the neighbors are not happy about it.

A special exception, according to the Pennsylvania Department of Community and Economic Development, is “a permission or approval granted an applicant to use land in a district for a purpose other than that generally permitted outright in that district.

“The permission or special exception is granted by the zoning hearing board in accordance with the standards contained in the zoning ordinance, provided generally that the specific application of the use would not prove injurious to the public interest.”

Last week, Qumar Ahmad, a civil engineer and spokesman for the society, answered questions from the zoning hearing

board, neighbors and other parties to the property at a hearing at Oxford High School.

By 11 p.m. there had been such extensive dialogue that the board concluded the meeting and set the continuation for 7:30 p.m. Aug 16.

The event got off to a shaky start as residents gathered outside the school shortly before 7 p.m. That was the advertised time for the hearing. The doors were locked, however, and no one came to admit them until 7:30 p.m. By then about 70 of people — many of them appearing disaffected — had arrived, and they filed into the auditorium to hear what the story was.

In brief, Ahmad, who was introduced by his attorney John Jaros, said the society is prepared to buy a 15-acre cornfield at the northeast intersection of Route 896 and Penn’s Grove Road in Upper Oxford that is currently owned by the Love Lutheran Church. The purchase will be concluded dependent upon approval of the plan by the township zoning hearing board.

Jaros said later that if the special exception is approved, the society is free to proceed with its plans and begin operations provided they do not request to install a non-residential structure (like a bathroom).

With the aid of an image on the screen behind him, Ahmad described how the society would develop a half acre of land just off an entrance they would create on Penn’s Grove Road. He said that would involve a driveway and the plot to bury about 25 bodies a year. In all, he said, that small parcel would hold about 250 bodies over time.

The entire remaining 14 or so acres would be excluded from the activity.

When he was asked if that land would remain as a cornfield and if there would be some kind of leasing agreement with a farm, he said the society had not yet made any decisions about that.

Speaking from his background

Jaros said later that if the special exception is approved, the society is free to proceed with its plans and begin operations provided they do not request to install a nonresidential structure (like a bathroom).

as a civil engineer, Ahmad said the cemetery would conform to all state codes and regulations. But early on he mentioned soil studies that were troublesome to the board and audience.

He admitted that examinations of the silt in the burial area indicated incidents of high water where the bodies would be buried. And while the interrogators did not directly mention that Muslims exclude burying their dead within caskets, they repeatedly made reference to the effect of bodies on the water quality.

One resident specifically said he was concerned that dead bodies could be easily dug up by humans or wildlife, while others mentioned contamination of nearby well water.

The hearing schedule was divided into sections, which zoning hearing board Counsel Winifred Sebastian laid out to the audience and enforced.

They were limited to a dialogue of asking questions, and only after all the questions had been asked would there be a time for public comment.

This left some who took the microphone struggling to express their concerns to Ahmad in the form of questions.

When the time for comment came, there were opinions for and against, but mostly against.

Many people brought up the water issue, but there were other points of opposition. They included failure of the society to tell what they would do with the rest of the land; fears that the cemetery would bring down property values nearby; objections to a group from Delaware seeking to use the land; traffic concerns; and speculation that the society would sell the remaining land for development.

One business owner said he had to present plans for the use of land for his company, he would have had to submit much more detailed information.

Still, there were statements in favor of granting the special exception.

Several members of the society, some who worked nearby, said their members have done much to enhance the local society by providing food for the poor and participating in public service events. Another member said he wanted the comfort of knowing that when he dies he will be placed in an appropriate resting place.

There were also local residents who spoke out, essentially scolding those who would deny the society its exception on the basis of their religion.

By 11 p.m. Sebastian said it had gone late enough.

On Aug. 16, there will be time for a response by Jaros and comments by the zoning hearing board. It was not made clear when the decision of the board will be announced.