OLD ORCHARD BEACH — The town council will decide Tuesday how it will move forward with Kate’s Homemade Butter.
The business has operated for more than 30 years in a residential neighborhood at 3 Arbutus Ave. The business has grown exponentially since its inception, and there have been complaints in recent years from neighbors regarding truck traffic and other issues. Kate’s Homemade Butter intends to move its operation to a bigger location in Arundel, but construction delays have postponed the move.
In June, the town council ordered the butter business to leave by Sept. 30, with the intention of fining the business if it didn’t comply.
In late August, Kate’s Homemade Butter owner Daniel Patry wrote the town a letter stating that the business would not be able to relocate to Arundel until Feb. 1.
At an administrative board review meeting last week, Patry stood firm on the Feb. 1 date.
The board made a recommendation to the town council to allow Kate’s Butter to stay until Feb. 1, and terminate the company’s variance, which allows the business to operate, when the company’s business license expires on May 1.
In a letter dated Sept. 25, Patry stated the business was prepared to forfeit its business variance at 3 Arbutus Ave. when the business license expired May 1.
“Conditionally, Kate’s Butter does not feel it should incur any fines related to the business and Kate’s will continue to operate under the constraints of the consent agenda,” wrote Patry.
At Tuesday’s regularly scheduled town council meeting, the council is scheduled to discuss whether to revoke the butter company’s license, or how it will move forward if it doesn’t revoke the license.
Town Manager Larry Mead said the council will discuss with the town attorney in an executive session just prior to Tuesday’s town council meeting, any legal implications in potential decisions and whether the council,
can, if it wishes, impose fines on a business if it doesn’t revoke a license.
“The most desirable thing of all is to end this variance and to end the industrial operation in the neighborhood,” said Mead.
Mead said if the town can come up with an enforceable agreement that both parties agree to sign, he would recommend allowing Patry to operate in town until Feb. 1, and have Patry forfeit his variance on May 1.
“Mr. Patry has indicated his intent,” said Mead. The town needs to “translate this to a document we are both bound to.”
— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext. 325 or egotthelf@journaltribune.com.
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