The Westbrook City Council voted to approve a set of restrictions aimed at curbing large retail projects that included a limit of 160,000 square feet in size.

Accepting the restrictions as they were recommended by the Planning Board was a tacit rejection of a compromise offer from Wal-Mart to build a 180,000-square-foot store at the Saunders Brothers Mill site. The retail giant had originally proposed builiding a 203,000-square-foot store.

In a meeting that lasted until after 1 a.m., the council voted, 5-1, in favor of the first reading of the restrictions, which set increased limits on buffering, noise and light levels and limit the size of the building to 160,000 square feet.

Councilor Suzanne Joyce cast the only vote against the standards, and Council President Jim Violette was not present at the meeting.

The new restrictions, which apply to the “gateway” zoning district, are in response to a proposal from Wal-Mart to construct a 203,000-square-foot Supercenter next to residential neighborhoods. Residents of the neighborhood surrounding the Saunders mill have said the project is too large for the area and have worked to block the project.

The public hearing on the site plan restrictions drew a large crowd to the City Council chambers at Westbrook High School. Residents packed the room, filling every seat, lining the side and back walls, and sitting in the aisles. Some residents were forced to watch the meeting from televisions set up in the hallway after a room set aside for the overflow crowd became too full.

After the meeting, Joyce said she voted against the standards because she felt the 160,000-square-foot restriction was too low. “I think we have made every concerted effort to protect the neighbors,” said Joyce. “In my opinion, the square footage is irrelevant.”

Joyce said she believed the restrictions adequately protect the neighborhood surrounding the Saunders site, and would allow for a slightly larger store on the property. “I don’t understand what the problem is if things like the noise, traffic, lights and pollution are taken care of,” Joyce said.

Joyce’s opinion that a larger store could co-exist with the neighborhood dovetails with a compromise proposed by Mayor Bruce Chuluda at the meeting Monday night. Chuluda told residents he had spoken to representatives of Wal-Mart and Saunders Brothers, and they both indicated they could abide by the new restrictions, if they were allowed to build a slightly larger store of 180,000 square feet.

“To me, it appears that going from 160,000 square feet to 180,000 square feet would allow the deal to go forward,” Chuluda said.

Saunders Brothers President Josh Saunders said he was pleased with the compromise, and he believed it presented the best possible solution to the city and the neighbors. Saunders said he believed if the building size were limited to 160,000 square feet, the Wal-Mart project would be in jeopardy. “If the standards as proposed are passed, I fully expect Wal-Mart to walk away from this property,” said Saunders.

Saunders said time was starting to become a factor with the sale of the property. The company has moved most of its operations out of Westbrook, and now needs to sell the property to avoid financial losses. He said if the Wal-Mart deal were to fall through, he would have to find another potential buyer.

“If Wal-Mart walks away, I need to find a buyer very quickly,” he said. “This is a process that we cannot reverse. We must sell this site.”

Chuluda said he believed adding 20,000 square feet to the project was akin to simply tweaking the standards – a characterization residents opposed to the project disagreed with.

Ethan Minton of Lawrence Street said he supported the restrictions as they were approved by the Planning Board. He said he didn’t feel adding 20,000 square feet to the maximum building size was appropriate and hundreds of lives would be affected by the change.

“I would argue that one-half an acre is not tweaking,” said Minton. “I find it hard to believe that there aren’t other businesses that have a model that works with 160,000 square feet.”

Eileen Shutts of Monroe Avenue, a member of Westbrook Our Home, a citizens group opposed to the project, said she also did not agree with increasing the size of the building. “The limit that the Planning Board has recommended is very large,” she said. “It’s on the outside realm of reasonable, not the inside realm.”

Luc Bergeron of Summit Circle, an alternate member of the Planning Board, said he thought the standards provided good and reasonable protection for the city, and urged the council to pass them as written. “If there is not a clear, strong set of performance standards in the Gateway District with no loopholes, what kind of liberties do you think a big business would take,” said Bergeron. “It’s absolutely foolish to think a big box retailer has Westbrook’s best interests at heart.”

Alex Stone of Clifford Street said he didn’t feel the restrictions would make Westbrook anti-business. “I’m tired of people saying Westbrook is anti-business,” said Stone. “We’re not anti-business; we’re pro-residents.”

After the conclusion of the public hearing, Councilor Drew Gattine told residents that he would be voting to support the standards as they were written, but he still had some concerns that they were not strict enough, and he said he would like to make sure the neighborhood is adequately protected.

The restrictions will not be approved until they are passed on a second reading by the City Council. While the council approved the restrictions as written for first reading, councilors can still make amendments before the restrictions are approved at second reading. If the changes made to the standards were substantial, the council would then have to hold two readings on the amended standards.

The second reading of the restrictions will be on the agenda for the next meeting of the City Council. While the next regular meeting of the council is not scheduled until Sept. 12, Chuluda said on Tuesday he expects to call a special meeting of the council sometime later this month, though he was not sure of the date.

When the council chambers became too full, residents were forced to watch the hearing on televisions in the hallway outside the room.Residents packed the City Hall chambers at Westbrook High School for a public hearing on restrictions in the Gateway district on Monday night. When the council chambers became too full, residents were forced to watch the hearing on televisions in the hallway outside the room.

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