ARUNDEL — Through signs, letters and conversations with residents, supporters of Bentley’s Saloon have been getting the word out on why they need the land use changes that will go before voters on Nov. 2.

On Wednesday, saloon owner Bentley Warren hosted a press conference to publicize his reasons for requesting the changes, which were placed on the ballot via a citizen’s petition. The seven questions would add definitions for seasonal parking lots, motorcycle parking and taverns, as well as make changes to parking lot specifications that affect a business’ occupancy limits, among other changes, upon approval. The vote will affect all of the Route 1 Community Commercial South district.

The town newsletter, The Arrow, was recently sent out to all residents with the Planning Board’s recommendations to reject five of the seven petition items. Town Planner Tad Redway has said that while the board agrees with most of the proposals, much of the wording is too vague and could have unintended consequences.

Warren said he was taken aback by the town’s decision to send out the recommendations via the newsletter.

“I wish they had given me the opportunity in The Arrow to answer the questions they had,” Warren said Wednesday. “I think I could have elaborated and helped the citizens realize that there’s nothing really bad (in the proposed changes).”

In response to the Planning Board’s concerns, Warren is asking voters to approve the changes Tuesday and pass any amendments the board proposes at June Town Meeting, when the board plans to present other land use changes.

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On the proposed definition for seasonal parking, for example, the board has warned that the petition’s wording has limited it to only summertime, thereby excluding seasonal lots for winter activities.

“In June, they can put the other three seasons in, and in the meantime, we can stay in business without mass gathering permits,” said Warren.

Planning Board Chairman John der Kinderen urged caution to that approach, however, saying Wednesday that Bentley’s Saloon would be grandfathered under the land use ordinances as presented Nov. 2, if they are passed.

“There are a few things he would end up with quite an advantage from,” said der Kinderen.

The Planning Board has also recommended a no vote on allowing taverns as a permitted use in the district, warning that the board would have no authority over the projects and several taverns could proliferate along that corridor.

Warren countered that any tavern would still have state restrictions to meet for traffic and environmental concerns, and said he doesn’t foresee taverns overrunning Route 1.

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“It’s a hard business to start and to run,” he said.

In July, the Planning Board granted the saloon an occupancy of 423, conditional to the receipt of their state permits related to the increase. Those permits have not all been received, said Warren, as the Department of Environmental Protection visited only a few weeks ago.

If voters approve the land use changes, a new plan could be submitted to override the July decision, said Redway, and Warren would need only a permit from the code enforcement officer to expand his occupancy. The DEP and Department of Transportation permits would still need to be obtained,  he said.

“He could go as much as he wants,” said Redway, since occupancy in the outdoor space would not be restricted by parking availability. An occupancy of 1,200 has been discussed, said Redway, to allow for big events.

Warren said he is not seeking to allow thousands of people into the saloon, as it would change the atmosphere and lead to poor service and crowding.

“I’d rather have fewer customers and cater to them perfectly,” he said.

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The saloon is also not looking to expand physically, said Warren, and current parking space would accommodate 423 persons if it were designated as motorcycle parking.

Currently, the land use ordinance does not have a definition for a tavern, which has left the saloon under the restaurant definition, with an occupancy cap of 180. However, fire code allows for 212 persons inside, while the outdoor area can accommodate 600 people or more, said Warren.

The Board of Selectmen has come under scrutiny for issuing multiple mass gathering permits for the saloon this year and last, to allow occupancy of 423 on weekends during peak motorcycle season. Those permits are valid through November and the saloon closes for the season on Nov. 7.

“The selectmen stuck their necks out on behalf of our business and we appreciate it,” said saloon Operations Manager Gregg Martinez, who added that the saloon would have probably closed without the mass gathering permits. With a cap of 180, the saloon had to turn people away, and word spread that patrons shouldn’t bother coming, he said.

Selectman Dana Peck, who spoke during the press conference, said it is “unfortunate and unfair” that town ordinances have negatively impacted the saloon and said the town has “tried to address that in the last couple of years.”

Warren said he purchased the bar in 2004 with the intent to make it a biker-friendly place “where everybody could come.” He cited the 50 people he employs, the many charity rides hosted there and his financial contributions to the community.

If the changes do not pass, Warren said he will have to “make a business decision” and decide how to proceed.

— City Editor Kristen Schulze Muszynski can be contacted at 282-1535, Ext. 322 or kristenm@journaltribune.com.



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