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Worcester City Council votes against new gas station restrictions
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Worcester City Council votes against new gas station restrictions

WORCESTER — The City Council on Tuesday narrowly voted against starting a process that could restrict the construction of new gas stations in the city.

The Local Council voted 6-5 in favor of submitting or concluding the examination of an order submitted by District 5 Local Councilor Etel Haxhiaj. The order requested a draft recommendation and report on amending the city’s zoning code to restrict land use for new gas stations and special permits in all zoning districts.

The report would have included the following:

  • A list of ordinances passed in other cities and towns that restrict the use of land for the construction of new gas stations
  • An inventory of existing gas stations in the city and how they are distributed by City Council districts and environmental justice census tracts
  • The number of special permits issued and denied by the Zoning Board of Appeals in the last five years and where the applications were located
  • A list of electric vehicle charger locations in the city
  • Existing research on the impact of new gas stations on health, safety, property values ​​and other issues for nearby Worcester neighborhoods
  • An analysis of whether building new gas stations aligns with the goals of city plans such as Green Worcester, Worcester Now|Next and the city manager’s strategic plans

The request was made after a contentious proposal came before the Zoning Board of Appeals. The petitioner applied for special permits to build a Garrett Family Market with a gas station at 205 Hope Ave., the site of Giovanni’s Italian Bakery and Deli. The proposal was met with divided opinion at the Oct. 7 Zoning Board meeting.

Ultimately, the plaintiffs withdrew their application after the Zoning Board conducted a survey survey showing they would not support permits for a new gas station. Haxhiaj strongly opposed the addition of the new gas station to her district.

In 2021, the developer of a proposed gas station, convenience store and car wash on Park Avenue also withdrew its plans before the Zoning Board of Appeals following a contentious meeting. The proposed gas station was also in District 5.

In 2022, the City Council killed a citizen petition which proposed a ban on new gas stations in the city by refusing to refer to the subcommittee.

On Tuesday, Haxhiaj said constituents at Hope and Park avenues led the charge in voicing their concerns about the new gas stations. Her order came after discussions with Hope Avenue residents, she said.

Haxhiaj said her request is not an automatic ban on new or existing gas stations, but a series of questions to gather information about the implications of allowing new gas stations to be built. She said during conversations she’s had with constituents, there isn’t a big desire for new gas stations.

“Neighborhood residents want different types of developments; they want to see different land use policies that guide the vision for our neighborhoods to be places where we’ve used mixed-use development, where we consider health impact, environmental impact, and economic impact. development impact,” said Haxhiaj.

Haxhiaj said the city already has enough gas stations at 60 years old.

General Counsel Morris Bergman said he doesn’t recall any meaningful conversations with voters about wanting to stop construction of new gas stations. Bergman said the free market is capable of solving gas station demand.

“The free market system works in such a way that if gas stations are successful, there will be gas stations. There could be more gas stations if they continue to be successful,” Bergman said. “But if electric cars take over and the free market works the way it should and it does in this country, then the people who develop gas stations will stop developing gas stations.”

Bergman said more than 90 percent of Massachusetts drivers use gas and that because the city’s plan to phase out fossil fuels takes place over 20 years, it doesn’t require a sudden end to fossil fuel use.

The Zoning Board of Appeals also rigorously secures approval for new gas stations, Bergman said.

Ward 3 Councilor George Russell said he would like to see any new gas stations have the ability to convert to electric vehicle charging stations or even have charging stations now. Russell said he does not support the administration looking into the possible zoning change.

Russell said the city’s current land-use rules for gas stations don’t allow them in residential areas and allows them by special permit in limited business and manufacturing zones.

“The last thing I want to do is take away competition and remove competition so that gas prices are locked in,” Russell said.

Ward 1 City Councilwoman Jennifer Pacillo said the order is essentially a request for information.

General Counsel and City Council Vice President Khrystian King said the order raises important questions, particularly about whether the new gas stations are aligned with the city’s environmental plans. The city also needs to look more closely at land use, King said, saying land use reform can help expand housing.

Haxhiaj said her order has nothing to do with electric vehicles and said gas prices are determined not by the number of stations in an area, but by the cost of crude oil and transportation costs.

Mayor Joseph M. Petty agreed with Russell that the city already has restrictions in place and asked City Manager Eric D. Batista if gas stations are part of rewriting the city’s zoning rules. Batista said the rezoning will include all city land use.

Petty, Bergman, Russell, Councilors-at-Large Kathleen Toomey and Donna Colorio and District 2 City Councilor Candy Mero-Carlson voted to table the order. Haxhiaj, King, Pacillo, General Councilor Thu Nguyen and District 4 City Councilor Luis Ojeda voted against its submission.

On Nov. 7, Providence approved a 10-year comprehensive plan that guides new developments. Plan included heavy restrictions regarding the construction of new gas stations, but did not permanently ban their construction after a compromise between the City Council and Mayor Brett Smiley.

Post-selection resolution

At the end of the meeting, Haxhiaj brought up the results of the presidential election, won by Donald Trump.

Saying that Trump has made it clear that he is seeking a mass deportation order, Haxhiaj said he wants Petty and Batista to make a statement on behalf of the city, the City Council and the Police Department that no city police officer will be involved in immigration raids.

Petty agreed, saying he visited two churches over the holiday weekend and saw the anxiety of newcomers to the country.

Petty said immigration offenses are civil violations that Worcester police do not enforce.

The City Council voted unanimously for the city to make such a declaration.