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MINUTES OCTOBER 21, 2004 PUBLIC HEARING


        A Public Hearing of the City Council and Planning Board was held in the Council Chamber on Thursday, October 21, 2004 at 6:00 P.M. for the purpose of discussing a proposed Zoning Amendment for a parcel of land consisting of 1.76 acres situated on 319 Highland Avenue, and amending Chapter 5-2 Permitted Uses and Chapter 7-8 Accessory Buildings and Structures.  Notice of this meeting was posted on October 15, 2004 at  11:52 A.M. and advertised in the Salem News on  October 7 & 14, 2004.

Councillors Bencal and O’Keefe were recorded as absent

Council President Leonard F. O’Leary presided.

On the matter of the proposed Zoning Amendment for the parcel of land located at 319 Highland Avenue.

Council President O’Leary asked if there was anyone appearing in favor.

Attorney Joseph Correnti, 63 Federal Street, representative for the Loyal Order of Moose and the Richmond Company are asking to extend the B-2 Zone. The Moose has decided to sell the property to the Richmond Company. A representative from the Richmond Company is present Mr. David Latullip, Richmond Company Convenient Store developer and Walter Utizy, owner of Irving Oil Company. What’s proposed for this property is a Convenient Store with oil dispensing and a bank. It will be a single building, two thirds of the building will be a store the rest a bank.

Attorney Correnti made a presentation of the area where the B-2 Zone is and the area where the proposed extension at the corner of Highland Avenue and Swampscott Road (319 Highland Avenue).

They propose a right hand turn onto Highland Avenue, a portion of the land would be given to provide this lane. GPI did the Traffic Study.

Mr. David Latulippe, Richmond Company convenient store developer stated open area on Highland Avenue for right turn in and right turn out. Bank will have a drive through.

Mr. Walter Utizy Owner of Irving Oil, stated that Irving Oil is a family owned Corporation. It is owned entirely by two brothers, 3rd generation. They are the best run  stores, best service and cleanest. We become a citizen in your community. The store is state of the art 32,000 square feet. Irving Oil is one of the two largest oil terminals in Boston. Safety wise has been developed fifteen times due to what if’s. Traffic is a big consideration so we hired the best for a traffic study.


Councillor O’Leary asked what bank will be going in there.

Mr. Utizy stated he can’t answer that yet.

Mr. Art Scarneo – GPI Traffic Study, design consultant, stated along Route 107, Highland Avenue, closed loop system, we’re working with Massachusetts Highway. A lot of traffic is in this area, and putting a facility in there would need careful study. In the evening hours there’s a very high volume of traffic. Irving Oil is donating 10-12 feet of land for a better flow of traffic. We have a Traffic Study.

Councillor Sargent asked how many cars can go into right hand lane.

Mr. Scarneo – stated not go on the right hand turn about 12 cars, twenty feet per vehicle is about 200 feet. One hundred sixty four (164) during peak hours trying to make right hand turn.

Councillor Sosnowski stated same intersection exiting, people exiting cross lanes and at Highland Avenue at higher rate of speed.

Mr. Scarneo stated it will function as a deceleration lane. Speeds will decrease. Rear end accidents should decrease. Traffic is like water least resistance.

Councillor O’Leary asked what about truck traffic?

Mr. Scarneo that this was factored into the Traffic Study.

Councillor Lovely stated that Mass. Highway was asked about the timing of lights.

Mr. Scarneo stated 75 percent a project gives more pressure to have Mass. Highway move on expediting this.

Councillor Lovely thinks its great to have a dedicated lane. Looking for a decelerate line up near the turn for Home Depot.

Mr. Utizy stated that they have a stations in New Hampshire, North Hampton

Councillor Lovely asked about fuel prices.

Mr. Eutize state that Irving Oil is very competitive.

Councillor Sargent asked what would be the hours of operation?


Mr. Utizy stated we would come back before you if business does not dictate. We don’t look for 24 hours. We probably look for 5:00 A.M. to 12 midnight. Market will decide.

Councillor Veno asked Traffic Engineer Mr. Scarneo regarding the right turn lane will land be an easement?

Mr. Scarneo stated it will cost the city nothing “0”. We will have a land damage agreement and donate it to the State.

Councillor Veno stated a similar situation in my Ward. You’re helping us and working constructively with officials.

Councillor Pelletier stated Traffic light timing will they all be green at same time?

Mr. Scarneo – stated they can control 35 miles per hour, can start a platoon for getting through the lights.

Mr. Walter Powers of the Planning Board introduced the members of the Planning Board, Christine Sullivan, Charles Puleo, Paul Duran, Gene Collins, John Moustakis. They need to leave due to a meeting.

Paul Cutler resident lives in condos behind Home Depot, It is convenient living there except there’s no place to get gas. This is great and a welcome change.

Dennis Colbert – resident, this is a boom to the neighborhood and the right hand turn is a good idea.

Councillor Lovely – stated she has an email for the record from a Christine Rodriguez of Brittania Circle, who is opposed. She could not attend tonight.

Lenny – East Coast properties, Highland Condos and Cloister Condos are in favor.

For the record Charlie Sinclair from Moose Lodge is present.

Councillor Lovely moved the Hearing be closed. It was so voted.

Councillor Lovely moved that the matter be referred to the Planning Board for their recommendation. It was so voted.

Councillor Harvey thanked Irving Oil and team for this kind of team effort and working with the city and doing this the right way.

Councillor O’Leary concurs with Councillor Harvey.

The Matters of Zoning Ordinance Ch. 5-2 permitted uses and Ch. 7-8, Accessory Buildings and Structures were not discussed but referred to the Planning Board for their recommendation.


On the motion of Councillor Pelletier the meeting was adjourned at 7:00 P.M.



ATTEST:                         CHERYL A. LAPOINTE
                                        CITY CLERK