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A proposed Westbrook zoning amendment that would allow a hair salon in a former medical building off Park Road was debated for almost an hour by the City Council this week, with some calling into question the city’s “open for business” mentality.

The change would add service businesses, such as a laundromat, as a special exception permitted in the Residential Growth Area 2 district. This means businesses such as a barber shop, beauty salon, shoe repair, or laundry service would be allowed as a special exception in the zone, which is mostly made up of residential neighborhoods.

Councilors Victor Chau and Brendan Rielly argued against the change during the Monday meeting, saying that a blanket change to all of the city’s Residential Growth Area 2 zones could open the city up to anyone wanting to establish a service business from their home.

However, Councilor Michael Foley characterized the process and surprisingly lengthy discussion as unecessary, confusing for the invested parties and bad for business.

Dr. Michael Batt, who owns a unit in the medical office and condo building at 50 Park Road, came to the city with the request following years of diffculty selling the property. The building is situated on the same parcel as Mercy Westbrook.

In a letter to city officials in December requesting the change, Batt said he has been unable to sell his condo, even at a considerable loss, party because of the zoning restrictions. He said the prospective buyer would like to open small hair salon at the location, also offering aromatherapy.

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Batt argues that the business would be separated from residential streets due to the buffer between the hospital area and the nearest homes.

“It would also seem to be in the interest of the city that the property not sit vacant as it has been,” he said in his letter to the city.

Chau said he was concerned for changing the zoning for the entire RGA2 district (which would affect three separate areas in the city), saying that it could come back to hurt the city in the future if an incompatable business is approved. Chau said he lives in an RGA2 zone and doesn’t like the idea of a service business opening next to his home.

Jennie Franceschi, Westbrook city planner, said in her memo to the council that a special exception use must be considered consistent with the other uses of the zone, and is subject to approval by the Planning Board. But, she said, the RGA2 zone includes so-called “collector” roads with some visible locations that could lend itself to service businesses.

Rielly agreed with the cautious approach. He said the change could eventually bring “unintended consequences” in other parts of the city. His proposal was to refer the amendment back to the Planning Board, requesting a second look. The Planning Board had previously voted 4-3 to send the amendment to the City Council.

He argued that the council has historically taken a careful look at zoning amendment requests that would impact other areas of the city.

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The council voted 3-2 Monday to accept the first reading of the amendment, with a stipulation of referring the item back to the Planning Board to consider changing the zone to include an overlay zone. This would give the Park Road property the special exception for a service business, while leaving the RGA2 zones unchanged.

Ruth Hutchinson, the prospective buyer, asked the council if the move would delay her permitting process. Batt said he had a closing deadline of March 31, and was concerned for meeting it.

Foley said he was embarassed at the lengthy debate over the change, citing the confusing zoning language used, which will delay the process for both Batt and the business owner.

“I think our goal here in the city should be to make it easier for people to do business,” he said. “I’m disappointed that it’s taken this long for a simple business transaction to take place in this community.”

A public hearing for the zoning amendment is scheduled for the Feb. 22 council meeting.

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