A plan to build a crematorium in Tiverton appears dead on arrival this week, after a Newport County Superior Court judge last week blocked a Fall River funeral home director from going ahead with a plan to build at 730 Main Road.

Associate Justice J. Lanphear ruled Wednesday, July 31, that planning and zoning officials who had earlier denied Sakonnet Partners, LLC’s proposal to build a crematorium and chapel at 730 Main Road were justified.

“Unless there is an appeal, the crematorium on Main Road is a no-go,” Tiverton Town Solicitor Michael Marcello said.

Sakonnet Partners originally approached the planning board in December 2021 and since that time, community opposition has steadily intensified. Opponents formed a citizens’ group, Tiverton Residents Against Crematorium (TRAC), in 2023, organized a fund-raising campaign, and hired a lawyer, Stephen J. Sypole, to represent them in their battle.

A major concern of critics, and one cited by the planning board in its May 2023 denial of the application, was the impact on the health, safety and welfare of those living and working in the neighborhood. Expert witnesses, testifying on behalf of TRAC, said residents would be harmed physically by the crematorium’s particulate emissions, and psychologically by the nature of the business.

When a subsequent ruling by the Tiverton zoning board of appeals in September 2023 upheld the planning board’s decision, Sakonnet Partners’ Jonathan Ferreira and his company appealed and contended that the crematorium use was permitted “by right” by Tiverton’s zoning code, and that the planning board exceeded its authority and acted “illegally and improperly” in denying the application. 

But in his decision, Judge Lanphear ruled that “the Planning Board ... is not required to approve an application because it is a use permitted under the zoning ordinances.” The decision also referenced the company’s failure to deliver materials to the planning board and to answer certain critical questions in a timely manner.

A welcome text message

While community opposition to the proposal was intense throughout 2023, the number of Tiverton residents who stayed closely involved has dwindled in recent months, as the court appeal dragged on.

Sharon Kurose and Linda Plazonja, who own homes in the vicinity of the proposed crematorium, were exceptions to that rule. They paid careful attention from day one and continued to do so, right up until the moment this week that Plazonja received a text message from Sypole that said, “Are you in the mood for some good news?”

Plazonja and Kurose said they took some time to savor the news of the court’s decision and to reflect on the success of the combined efforts of the attorneys, town officials, residents, and TRAC members – including Ryan LePage, the organizer of the group, who they say was instrumental in helping opponents get to this point.

“It really was a joint effort,” said Kurose. “Our attorneys worked well together and they did not have a problem with TRAC being on board and the abutters being represented.”

Both women are on the line for substantial legal bills, since they stepped up to personally guarantee legal expenses incurred by TRAC and to contribute funds as needed. They plan to recoup some of the debt by reactivating the organization’s GoFundMe page, which has been inactive for a while.

Commenting on some of the outcomes of the controversy, Kurose said between May and July of this year, five homes in the immediate vicinity of the proposed crematory site have gone up for sale and so far, all but one have sold.

Both are quick to praise others who were involved in the fight.

“It really speaks to how important an organized community is to town decision making,” said Plazonja.

Added Kurose: “It was really a wonderful group effort by a lot of people. I was fortunate to meet many people I didn’t know in town. Their help has been invaluable. All of us here, the abutters and others in the neighborhood, will breathe easier knowing a crematorium will not be going in at 730 Main Road.”