A Tiverton appeals board ruled this week against Sakonnet Partners, LLC, the company that proposed building a crematorium in the north end of town, saying the planning board was justified when members voted earlier this year to deny the company’s application.

The unanimous vote by the Zoning Board of Appeals (ZBA) came Wednesday, Sept. 6 in the Tiverton High School auditorium.

Sakonnet Partners attorney Jay Lynch spoke at the meeting, using arguments previously presented to the town to defend his client’s plans. He said the project — to build a 2,960 square-foot crematorium on an undeveloped parcel of land at 730 Main Road — is “permitted by right” by Tiverton’s zoning ordinance, and the planning board “exceeded its authority” and acted “illegally and improperly” in voting last May to deny the application.

The planning board “tied itself into a pretzel,” Lynch argued, in reaching a decision that was based in part on the theory that the crematorium is not consistent with the town’s comprehensive community plan.

An ongoing battle

Fierce community opposition has snowballed since the project was initially proposed nearly two years ago. A major concern of critics, and one cited by the planning board in its denial of the application, is the impact on the health, safety and welfare of those living and working in the neighborhood. Many said nearby residents would be harmed physically by the crematorium’s particulate emissions and psychologically, by the nature of the business.

During the hearing, zoning board chairwoman Lise Gescheidt and other zoning officials said they believe planning board members did their best to weigh the facts in reviewing massive amounts of written communications and verbal testimony submitted throughout the past year. 

Gescheidt expressed concern that “a lot of matters are unresolved in this record,” including uncertainty relating to the height of the smokestack on the proposed building. It is a critical piece of information when considering that many existing homes are located uphill from the site, she said.

Other issues considered by the appeals board included the company’s failure to provide various documents requested by the planning board, such as a DEM air quality permit and a storm water management plan; its conflicting statements on the facility’s hours/days of operation; and its lack of clarification on the extent to which an on-site chapel would be used.

The unanimous vote was met by celebratory applause by dozens of audience members in attendance.   

Some, such as Ryan LePage, an organizer of a local community opposition group, praised the board while acknowledging the fight is likely not over, as Sakonnet Partners is expected to take its appeal next to the Rhode Island Appellate Court.

“We're prepared to continue this fight for as long as they'd like to,” said LePage. “But as [chairwoman Gescheidt] mentioned, there is significant precedence stacked against them. I'm confident that if they are willing to take it to Superior Court, we'll be celebrating after that decision as well.”