Great answers jmen.
Unfortunately the facts in this issue got skewed when, for whatever reason, FLL posted misinformation about the ZBA's alleged involvement.
A couple of things to point out. The Funeral Home is not located in a residential neighborhood, but is in a commercial zone where the business is and was an allowable use under Meredith's zoning regulations. The complainant's home is in an abutting residential zone, but if you GoogeMap the area you will see its an area wedged between to heavy use roadways (Route 3 and Route 104) which explains why the funeral home is in a commercial zone.
As the story explains, the owner of the business has secured all the required permits for the installation of the crematorium. Additionally the Meredith Code Enforcement officer reviewed the instllation and had ruled that under Meredith's zoning laws, a crematorium is an allowable use for a funeral home. Being ruled a ancillary function, the business owner was not required to appear before the Planning board nor seek a variance from the ZBA. FLL's assertion that the ZBA allowed this is false.
Now, does the complainant have an avenue of appeal available to her? Yes, under State law and clearly cited in Meredith's zoning ordinance, she clearly had the right to appeal the Code Enforcement Officer's ruling to the ZBA. The ZBA then would be required to have a public hearing and make a determination on the matter. If she was unhappy with that decision and a subsequent rehearing then she has the right to appeal to the Belknap Superior Court for a final ruling.
Likewise the business owner, if ruled against by the ZBA, could also appeal the decision to the Superior Court.
To sum it up the business owner has followed applicable State law and secured the necessary permits, and has obtained a decision from the Meredith Code Enforcement Officer that under Meredith's current zoning regulations the addition of the crematorium is an allowed ancillary use requiring no appearance before the Planning Board.
The complainant has, since May, not availed herself of her legal right to appeal to the Meredith ZBA but has chosen to protest the crematorium by attempting to harass innocent customers using the business for a legal purpose.
Only the complainant can answer as to why she has chosen not to follow the appropriate course of action clearly available to her!
But, as always, the Devil is in the details.....