Tonawanda, N.Y. (WBEN) - New York Gov. Kathy Hochul has signed off on a bill revoking grandfather status for Amigone Funeral Home on Sheridan Drive in Tonawanda. That will force the shut down of the crematory, while allowing the funeral home to stay.
Since the passage of the Anti-Combination Act in 1998, which prevented funeral homes from operating crematories, existing crematories operated by grandfathered funeral entities have been unable to relocate without losing their grandfathered status.
In 2021, State Sen. Sean Ryan and Assemblymember Bill Conrad passed legislation granting Amigone an exemption to this law, allowing them to relocate to a non-residential area approved by the Town of Tonawanda. More than three years later, the crematory is still operating in its original location.
In June of this year, Sen. Ryan and Assemblyman Conrad passed the bill to revoke Amigone’s grandfathered status, as well as the opportunity it had to relocate the combination funeral home-crematory as one entity.
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"We have tried to work with Amigone to move the crematory, but it became clear that we needed to take further action to bring this matter to a close," said Sen. Ryan in a statement on Monday. "I was proud to work with Assemblyman Conrad, nearby homeowners, and the Tonawanda community to address health and safety concerns that have been raised for many years. I thank Gov. Hochul for signing this measure into law so that we can finally provide residents with the relief they have been seeking."
"The bottom line is this: The Sheridan Park Crematory does not belong in people’s backyards," added Assemblyman Conrad on Monday. "Sen. Ryan and I were determined to offer a resolution to this saga for the sake of the homeowners who have spent decades enduring the facility’s emissions and concerns about the impacts on their health. Though we tried to facilitate the business’s move within the town, it simply came time this year to force closure of this chapter. I am grateful to the Governor for her support of this legislation, and I am especially proud of the coalition of town residents who never gave up the fight to restore clean air and quality of life to their neighborhood."
The crematory was closed from 2012-to-2018 for violating state clean air laws, and again in 2020 after releasing black smoke into the air for more than an hour due to the failure of its pollution control system.
In January 2021, the New York State Department of Environmental Conservation (DEC) allowed Amigone Funeral Home to resume operations at the crematory. The facility has been the subject of frequent complaints by neighbors, especially those who reside on nearby Werkley Road. Neighbors insist the crematory stack emits nuisance odors and particulate that covers their properties and makes it difficult for them to open their windows or enjoy their yards.
This move requires the permanent shutdown of the crematory within the next 180 days. It does not apply to the adjoining funeral home, which is allowed to continue operating at the same address on Sheridan Drive.
"The crematory never should have been approved over 30 years ago at a location adjacent to an established, residential neighborhood within our community! That wrong has finally been righted through the efforts of a lot of people, and we are grateful that the Governor put her signature on Sen. Ryan and Assemblyman Conrad’s bill, which they both fought hard to get passed," said Town of Tonawanda Supervisor Joe Emminger.