Pumped up for new gas stations

Sep 24, 2014

A local business owner is sponsoring a measure to go before Town Meeting that will make it easier to build gas stations in town, something that is essentially impossible at the current time.

Selectmen voted unanimously to send to the measure, which is sponsored by Chris Gabriel, owner of Mr. Chris Hair Salon at 2512 Cranberry Highway, to the Town Meeting voters next month.

"The idea here is to create a very limited district where gas stations will be permitted by special permit by the Zoning Board of Appeals," said Bill Proia of the law firm Riemer and Braunstein LLP, who represented Gabriel and all those who signed on in support of the measure.

Currently, there is virtually no way to build a new gas station in Wareham.

Selectman Peter Teitelbaum said that five to ten years ago, the town voted to amend its zoning bylaws and disallowed building gas stations in every zoning district in town. He said at the time there were about 20 gas stations in town.

When asked by Selectmen Judith Whiteside if it was possible under the current town bylaws, Proia said, "Not without granting a use variance, which is basically impossible."

Proia said the proposed measure creates a limited area away from residential development where gas stations can be built.

"When you completely shut off a use to zoning it can stifle innovation and investment," he said. "This supports increased development in town."

The plan would allow gas stations to be built in a general commercial zoning district via a special permit granted by the Zoning Board of Appeals.

Any gas station plans would also have to meet the following criteria:

• The land must be within 2,000 feet of a federal highway or interchange.

The land must have direct access (frontage) on Cranberry Highway.

The lot must be at least an acre in size.

"All those combine to restrict overbuilding but also make it available for innovation and support continued community growth," said Proia.

"Times change. We've lost some filling stations in town," said Teitelbaum. "I don't see any reason not to allow it in this particular zoning district."

Selectman Alan Slavin stressed that even if this measure were to pass at Town Meeting, any special permit plans would still have to be approved by the Zoning Board of Appeals.