BRISTOL -- In an effort to preserve Bristol's historic character, the Town Council last night adopted regulations that will force chain stores and franchises to meet a strict set of guidelines before they can open branches downtown.
By doing so, the town became the first community in New England and one of a handful across the country to clamp down on so-called formula businesses -- Banana Republic, Starbucks and similar companies that are required by contract to have standardized menus, decor, uniforms and other features.
Recognizing the importance of the decision, council vice president David Barboza told the more than 50 people at the meeting that Bristol had "made history."
"A new precedent has been set," he said.
The five-person council unanimously voted for the rules, which require formula businesses to navigate a two-stage approval process if they want to move into the historic district around Hope Street. They will first need a special-use permit from the Zoning Board and then a "certificate of appropriateness" from the Historic District Commission.
To win approval, they will need to conform to standards governing appearance, street frontage, trash removal, traffic and signs. They won't be allowed to occupy storefronts any larger than 2,500 square feet.
And they "will not alter the identity of the Historic District Zone in a way that detracts from its uniqueness or contributes to a nationwide trend of standardized downtown offerings," according to the ordinance.
The roots of last night's decision go back to December, when townspeople learned that a Dunkin' Donuts franchise had signed an agreement to lease space in a 19th century building at Hope and State streets.
They raised fears that Bristol's downtown, dominated by small, locally owned businesses, would go the way of Freeport, Maine, or Westport, Conn., where chain stores are now common.
"Business untended ... will in fact turn [downtown] into a mall," Keith Maloney, a former resident of Westport who recently moved to Bristol, said last night, explaining the trend.
A group called Preserve Historic Bristol formed early this year and pushed the council to follow the lead of communities in California, Florida, New York and Washington state that have adopted rules targeting formula businesses. Some have capped their number. Others have forced standards on them. Still others have enacted outright bans.
The Dunkin' Donuts branch in downtown is set to open next month, but last night's decision places a roadblock in the way of similar businesses.
Assistant Town Solicitor Andrew Teitz wrote the ordinance. He told the council that it should hold up to a lawsuit because it's restricted to the historic district and because it does not in fact prohibit formula businesses.
"This does not ban formula businesses," he said. "What it does is add another regulatory layer."
Bruce Kogan, a professor of property and real estate law at Roger Williams University's Ralph R. Papitto School of Law, agreed with Teitz's assessment.
"I am absolutely convinced that the town needs to regulate the future changes in the downtown historic district," he said. "A special-use permit will stand up to any legal challenge."
However, Larry Doores, who used to own a bookstore on Hope Street, said the stringent requirements outlined in the ordinance will, in effect, prohibit formula businesses from opening downtown.
Doesn't the ordinance amount to a ban, he asked Teitz.
"It depends a lot on the flexibility of the business that wants to come in," responded Teitz.
Most of the people who spoke last night are members of Preserve Historic Bristol who are in favor of the new regulations. They talked of "protecting a sense of place" and the town's "unique character." They also speculated about what could have happened if the council didn't adopt the rules.
"I have a recurring nightmare of being on a bus and saying, 'Ladies and gentlemen on your left is Linden Place, and on your right is The Gap, Express, Banana Republic and Dunkin' Donuts,' " said Joan Roth, who gives tours of the town.
The rules could lead to further amendments to town ordinances. At a recent workshop of the Planning Board, its members said some parts of the regulations must be extended to all businesses in the historic district to maintain some consistency.
They pointed to a section that gives the Historic District Commission authority to review not only the exterior of a formula business but also any parts of the interior that are visible through windows or open doors.
The council held off on making other changes last night. The regulations will be subject to a 3-year period of review.
None of the council members were opposed to the new rules. Councilman Halsey Herreshoff said he would have like them to be stricter, but he voted for them nonetheless.
In any case, the ordinance sends a message, said Councilman Raymond Cordeiro.
"If you're going to bring business to Bristol," he said. "You play by our rules."
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