Tiverton Zoning Board of Review members voted last week to postpone its long-awaited decision on the fate of a new Seasons Corner Market in the north end of town for at least another month.

The agreement to postpone came at the end of a tense meeting last Wednesday that was interrupted at one point by angry words and flaring tempers involving the board’s chairwoman, the town’s attorney, and zoning board member George Alzaibak who, infuriated by what he said was the board’s apparent tilt in favor of Seasons, gathered up his paperwork and announced he was leaving.

“You don’t need the majority vote. You know exactly how you’re voting. Have a nice night,” he said angrily, glaring at his fellow board members as he headed toward the door.

A chorus of protests erupted immediately from many of the 50 or so audience members who had packed the conference room at town hall. Attendees pleaded with Alzaibak, who has consistently opposed the project, to stay in his seat.

“No George, don’t leave!,” begged one. “Stay!,” pleaded another. “Grow up, dude,” scolded a third.

Ultimately, Alzaibak returned to the table, where the shouting match continued during a brief, hastily called recess.

Why?

The debate focused on town solicitor Mike Marcello’s and zoning board chairwoman Lise Gescheidt’s insistence that Alzaibak follow established legal guidelines as the board deliberated whether to grant three special use permits that would allow the Seasons project to move forward.

“This is a very important matter,” said Marcello, his voice rising in anger as he reiterated the rationale behind instructions he had previously given the board.

“I expect this board to act appropriately. You need to find facts in the record that support your position. This is not about your personal opinion; this is about facts in the record ... If you don’t do that, and [the outcome] gets appealed, the court will send it back and say, ‘You didn’t do your job.’”

Gescheidt flatly rejected Alzaibak’s claim that board members had already made up their minds. She referenced the volumes of documents reviewed thus far by the board, including transcripts of hundreds of hours of expert testimony and other legal documents, such as summaries of court cases on similar disputes in Rhode Island that, in one instance, dates back 50 years.

“I’ve spent the last two weeks, six hours a day, reading the case law, reading the facts, the transcripts, [and] the briefs. I am trying to do the right thing by everybody. I have no

set opinions about which way I’m even going to vote yet, because I wanted to hear from all the other members on points they would bring up that I may have missed…We have been working our asses off to get this stuff done, to be ready for tonight.”

The project

Opponents have waged a three-year battle to block the proposal by Colbea Enterprises, LLC, to build a new Seasons Corner market on a vacant parcel of land at the corner of Souza and Main roads. The development, if approved, will consist of a convenience store with a drive-through coffee shop and a gas station with four fuel pumps covered by a canopy.

Critics say the current heavy traffic flow along those roads, along with the anticipated impact on quality of life for the many individuals who own homes near the proposed site, make the project unsuitable for that location. Others point to what they contend is the project’s inconsistency with the town’s Comprehensive Community Plan, as well as potential safety issues, diminished air quality, unwelcome noise and light pollution, and the anticipated reduction in property values of area homes as reasons why they believe rejection of the proposal is justified.

Colbea representatives, however, argue that their plan complies with the zoning ordinance and is consistent with the Comprehensive Community Plan. Throughout the past year, the company brought in traffic and environmental consultants, as well as planning, zoning, and site plan experts, who testified for countless hours during a dozen hearings in an effort to bolster its case. Lawyers for the opposition brought in their own experts to support their argument that the project was not suitable for the north end of town.

A key issue centers on traffic flow and opponents’ contention that traffic studies done by Colbea’s experts were flawed. Alzaibak, who owns a gas station in town and has been in the business for 40 years, zeroed in on this topic at last week’s meeting. He noted that Colbea’s gas stations are typically built in areas with four lanes of traffic, rather than two, as is the case for the proposed Tiverton site.

“It is unsafe. The welfare of the people and the safety of the people in Tiverton does not work in two-lane traffic. If it does not fit, we cannot build it. It does not fit. Period.”

Zoning board deliberations are expected to continue in May.