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AUGUSTA – When it comes to big-box development, how big is too big?

For the purposes of LD 1810, the correct answer is 75,000 square feet – a little larger than the space Porteous occupied at the Auburn Mall.

That’s the benchmark for a bill that would mandate an economic impact study for every retail project that hits the 75,000-square-foot threshold. Proponents say the bill will help communities preserve their quality of life and provide critical information for making informed decisions about retail development.

“Getting the right information is expensive, and our taxpayers want to reduce, not stabilize, their taxes,” said Auburn City Councilor Ellen Peters at the bill’s public hearing Friday. “This bill means I’ll have the information to budget for and make the best decision for my community. We’ll all have the advantage of information.”

Opponents say it will just add one more unnecessary layer of regulation that already threatens to snuff out economic development in the state.

“People are unwilling to play in an endless game of process,” said Roxane Cole, president of the Maine Real Estate and Development Association. She said developments undergo state and local reviews for environmental impact, zoning compliance, comprehensive plan compliance and other regulations. Local planning boards already possess tools for controlling growth.

“Let townspeople decide what they want to do and where they want to do it,” she said.

The bill, which was drafted by a coalition of small businesses and community groups, calls for an automatic review of any retail project 75,000 square feet or bigger. It proposes that a developer pay $40,000 upfront for the study, which would be performed by an independent consultant picked by the municipality and vetted by the State Planning Office.

The consultant would have six months to study the proposal, then issue a report detailing its impact. Wages, jobs, impact on municipal services and systems, effect on other retailers, taxes, community character and more would be included in the study.

“Without this, Maine will continue to be susceptible to sprawl, dying downtowns, higher taxes and displacement of local businesses,” said Jim Lysen, a certified planner who worked for the city of Lewiston for 15 years.

Not so, said the city’s current economic development chief. Three years ago, Lewiston earmarked a 75-acre parcel near Exit 80 for retail development. Since then, there have been seven public meetings to change zoning, extend infrastructure and amend subdivision rules.

Most were lightly attended, said Lincoln Jeffers, assistant to the city administrator. It wasn’t until Wal-Mart was announced as the anchor tenant this year that any opposition arose. The charge from opponents is that big-box retailers pay low wages and do not provide benefits, he said.

“Are wages or benefits any different at smaller retailers?” he asked.

Speakers from the Maine Merchants Association and Maine Chamber of Commerce cited vague language and subjective criteria as weaknesses within the bill. They were particularly concerned with a provision of LD 1810 that prohibits a planning board from issuing a building permit if the report identifies undue adverse impact from the project.

But that’s the sort of detail that could be worked out in the bill’s work session, said its sponsor, Rep. Christopher Barstow of Gorham. He said the controversy surrounding retail development around the state, such as Topsham’s recent moratorium and Damariscotta’s rush to cap building sizes, is what motivated him to back the bill. And to look out for the smaller communities that lack professional staff to review major retail development.

“I believe strongly in quality of place,” he said. “Protecting it must be a priority.”

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