EAST PROVIDENCE — All signs from a lengthy discussion on the topic at its November 17 meeting pointed to the East Providence City Council contemplating an appeal of a Zoning Board decision on the fate of the planned expansion of the Cumberland Farms convenience store located at the corner of Pawtucket Avenue and Wampanoag Trail.

No vote was taken in the open meeting last week, nor was one reported out of the night's executive session. However, the tenor of the discussion was indicative of the Council seriously considering an appeal of the Board's edict, which came during a Wednesday night, Nov. 4.

Reached for further comment after the Council meeting City Solicitor Tim Chapman would neither confirm nor deny an appeal was in the works.

During the meeting, Mr. Chapman told the Council the applicant (Cumberland Farms) or the city could file an appeal to State Superior Court anytime within 20 days of the Zoning Board's decision being filed with the City Clerk's office. The Board's decision from the November 4 meeting was officially stamped and posted on Monday, Nov. 16.

The Board actually voted, 3-2, to affirm the Cumberland Farms proposal with Chairman Gene Saveory, Mike Beauparlant and Pia Toledo casting their support while John Braga and first alternate Richard Croke were in dissent. Full-time Board member Tony Cunha recused himself from the proceedings because his wife works for Cumberland Farms. Mr. Saveory explained per ordinance and state law, a minimum of a 4-1 vote is needed to move usage, dimensional or special use variances akin to what was being requested in the proposal.

At last week's meeting, Council President and Mayor Tommy Rose reiterated his body's backing of the proposal. In April of this year the Council voted, 3-0, in favor of the project and it was also recommended for approval by the Planning Department. Councilors Helder Cunha and Tim Conley recused themselves from the vote. Mr. Cunha is the nephew of the Zoning Board member of the same name. Mr. Conley's nephew, Dylan Conley, is part of the legal counsel for Cumberland Farms.

"This Council was in full support," Mr. Rose said, referring to the April vote.

At-Large Councilor Tracy Capobianco added the project "could have been a catalyst" to further redevelopment on Wampanoag Trail and Pawtucket Avenue.

Tuesday's discussion included the public backing of the Cumberland Farms expansion by the recently-formed Kent Heights Neighborhood Association led by former city politician and realtor Joe Botelho.

Mr. Botelho said his group alone has garnered the signatures of 140 residents in support of the proposal, adding that combined with petitions issued by other groups in the city some 600 locals want to see the plan move forward.

Without naming anyone on the Zoning Board specifically, Mr. Botelho alluded to possible conflicts of interest of the two members who voted against the proposal. In attempting to determine of whom he may have been speaking, The Post learned Mr. Braga is the manager for a city-based Dunkin' Donuts franchise on Warren Avenue.

The project, Mr. Botelho continued, "should not die on the vine due to incompetence or vested interest if that be the case."

He added, "I can't understand how a project could be stopped in the final stages" and that "I fear we'll end up with another business that sells 'Easy-Widers' and Keno tickets" or a piece of property that is "left derelict" like the old Wampanoag Diner land or former medical office directly across the street at the corner of the Trail.

On a separate, but related topic discussed Tuesday, City Manager Richard Kirby informed the Council he, Mr. Chapman as well as members of the Planning Department and the Zoning office continue to review the city's ordinance book with the goal of modernizing the verbiage and streamlining the process.

The review was requested by Mr. Rose, who said "some of the zoning ordinances are archaic" and deter economic development in East Providence.