Plans for construction of the highly controversial Seasons Corner Market may be back on track following the Tiverton Planning Board’s recent vote to grant conditional approval of the developer’s master plan application.

The action on June 6 represents a reversal of a decision made last fall, when the board denied Colbea Enterprises LLC’s application to build a convenience store, gas station, and drive-through coffee shop on a vacant parcel of land on the corner of Souza and Main roads in the north end of town.

Colbea appealed that decision, and in a January ruling, zoning officials sided with the company, saying the planning board had made procedural errors in its denial of the application. Because of that, the process was allowed to resume.

“We are not agreeing to the project tonight,” said Planning Board Chairman Stu Hardy prior to the vote. Rather, he said, the board’s reversal of its previous decision was a required legal procedure that basically gets the applicant back to square one in the application process.

Opponents mobilize

When the planning board denied Colbea’s application last September, members cited a variety of reasons, including the potential for increased traffic congestion, negative impacts to the environment, and unwelcome noise and light pollution in what is a largely residential neighborhood. The board also pointed to the project’s inconsistencies with Tiverton’s historic, small-town character and with provisions of its Comprehensive Community Plan.

The board’s denial was influenced in part by the strong community reaction to the proposal. As opposition mounted steadily in the past year, public meetings have been jam-packed and characterized by angry voices sharply critical of Colbea’s plans. A citizens' group, Preserve Tiverton, has joined the fight and is challenging the zoning board of appeals’ decision in Superior Court.

Prior to the most recent planning board vote, board member Trish Hilton asked how the action would relate to the Superior Court challenge should Preserve Tiverton’s legal action prove successful.

Assistant Town Solicitor Todd Romano said the action has “no effect whatsoever, other than the applicant is taking a risk of proceeding forward, and they are aware of that.” 

Next steps

The planning board’s recent vote is contingent upon Colbea receiving zoning board approval for two special use permits for the proposed gas station and convenience store drive-through window. Next steps in the process also call for the board to consider the company’s development plan review application concurrently with a preliminary plan application, at which time the board may set other conditions prior to a final decision.