Tiverton board hears planner say Shell/Cob(ya) station signage, design risk historic-district integrity

TIVERTON, R.I. — The Tiverton Zoning Board of Review on Aug. 22 heard planning testimony that the proposed Colbya/Cobia Seasons gas station, drive-through and nonconforming signage do not meet the town’s special‑use permit criteria as currently presented.

Peter Friedrichs, an AICP-certified planner testifying on behalf of objectors, told the board the applicant bears the burden to demonstrate each required criterion is met and that, in his review, the record lacks the evidence needed for the three signage-specific standards in Article 16 §3(f). “There hasn't been any evidence from the expert that they're meeting this criteria,” Friedrichs said, adding later, “I don't think you can approve the signage.”

Friedrichs reviewed both the signage standards and the six general special‑use criteria in Article 16 §2 — including public convenience and welfare, compatibility with neighboring uses, nuisance and safety, adequacy of utilities, and consistency with the town’s comprehensive plan — and concluded the application falls short on several points. He cited a lack of renderings or expert proof that conforming signs would cause significant business harm (a required showing under the ordinance) and questioned whether the proposed illuminated and large-format pump and canopy signs are necessary or compatible with the surrounding residential area.

Historic‑district impact was a central focus. Friedrichs said he reviewed the Osborne Bennett Historic District’s nomination materials on the Rhode Island Historic Preservation website and the Secretary of the Interior guidance and warned that cumulative changes can “erode the integrity of the historic district.” He said he did not expect a single project to automatically trigger delisting but argued the board should consider visibility from the district when applying the criterion that a use be compatible with neighboring properties.

Traffic and safety issues also featured in testimony. Counsel highlighted a Rhode Island Department of Transportation letter dated June 6, 2023 that cautioned about crash risk where multiple full-access driveways are proposed on Main Road and asked the applicant’s traffic engineer to justify two full accesses close to the Souza Road intersection. Friedrichs said queueing, pedestrian‑vehicle conflicts and idling associated with drive‑throughs merit careful review and that DOT’s comments support a cautious approach.

Members of the public and board questioned Friedrichs about his methods and citations; he acknowledged limits to his review (he is not an appraiser or environmental scientist) but said his assessment is grounded in planning practice and the materials on the record. Several public commenters — including Karen Benson for Preserve Tiverton, resident Jamie French and neighbor Steve Mone — asked about lighting levels, hours of operation, and the potential effect on residential property values and quality of life.

Procedural matters: the board and counsel agreed to exchange and submit simultaneous post‑hearing memoranda and a single, agreed exhibit list to assist the volunteer board members who lack complete printed transcripts. Counsel stipulated to admit a package of public-submitted materials (a report, slide deck and CV from Steve Hendrick) as a numbered exhibit for the record; the parties reserved argument over its evidentiary weight. The board set a status/control date for early October (noted on the record as Oct. 2, 2024 subject to scheduling) and adjourned at 8:15 p.m.

Next steps: the board said it will accept written proposed findings of fact and conclusions of law from the parties, then determine whether the record (including any additional exhibits and expert rebuttal) supports granting any of the three special‑use permits. The record on Aug. 22 contained expert testimony challenging the application’s adequacy on signage, compatibility and traffic; the board did not issue a final decision at the hearing.

Sources: testimony of planning expert Peter Friedrichs, statements by Chair Lizzie Gescheidt and counsel, DOT comment letter dated June 6, 2023, and public questions and exhibits admitted by stipulation.