Members of the Tiverton Planning Board dealt the proposed Seasons convenience store plan a potentially lethal blow last Friday, Oct. 9, unanimously rejecting the project as being inconsistent with the town's Comprehensive Plan. The developer is expected to appeal.

The project, which was in the preliminary plan stage, has been controversial since almost the day it was first introduced several years ago. Planned for the intersection of Main and Souza roads, it earned Zoning Board of Review approval last May and Master Plan Approval from the planning board in June 2023. All the while, nearby residents have consistently protested it on noise, environmental, traffic and quality of life grounds.

Much of the testimony that led to Friday's decision came three days earlier, when the board held a public hearing on the preliminary plan Tuesday, Oct. 6. Following discussion that night, members pushed the vote back to Friday.

Jen Fernandes, an abutter of the proposed project, said at the public hearing that her biggest concerns include noise and other nuisances, despite previous claims by the developers, Colbea Enterprises, LLC, that the property would not be a noise hazard to residents.

“I don’t know how (developers) can say that no noise is going to come off this property. You cannot control the noise level of engines, especially in big trucks and you can’t control the noise of customers or anybody going out there,” she said.

Among her other concerns was a claim that the expert witnesses brought forward by the developers were not relying on accurate information, a claim that was also repeated by other critics including John Reed, who was critical of a Colbea-commissioned traffic report and the belief that the project would bring in hordes of traffic from the highway.

“It’s the elephant in the room, Route 24,” he said. “It isn’t about the cars on Schooner and Souza and Main; it’s about pulling the cars off Route 24.”

He also brought up potential safety issues at the intersection where the market is planned to be located.

Developers defended the project, saying that many of the complaints were based on misconceptions, with some of the complaints being aimed at other, unrelated projects also being developed by Colbea.

“I also admire looking at the largest of the Colbea projects; it’s all irrelevant,” lawyer Rob Stolzman said.

Stolzman also responded to concerns about the amount of water the Market may use, saying developers have a letter from the Stonebridge Fire District, issued during the Master Plan stage, stating the district has enough water to serve the project. Town solicitor Todd Romano later said that denying the project based on water concerns would be an “abuse of your discretion."

While board members agreed Friday that the project complies with local zoning ordinances, they did not believe it was consistent with the comprehensive plan.

“The project does not provide a safe or efficient circulation pattern and does not maintain the rural qualities of the town,” said planning board vice chair Allyn Meyers.

The board also rejected the given traffic report, which they described as outdated.

While no comment was made by Colbea Representatives at the Oct. 9 meeting, Stolzman indicated that they would appeal any potential rejection.