Staff Writer

Arundel selectmen are reconsidering when to schedule a town vote on new zoning that would allow Bentley’s Saloon to increase occupancy.

Justice Paul Fritzche ruled July 12 that any town-wide vote to change the town’s zoning ordinance did not have to be held before the annual Town Meeting in November, when selectmen originally scheduled it. Selectman Dana Peck said he and others on the board were misinformed about how waiting that long could affect the business.

 “(Owner Bentley Warren) can’t keep shelling money out, we weren’t aware of what the impact was,” Peck said.

Peck said Bentley’s may have to close its doors if the saloon isn’t allowed to have more people inside, which would put its more than 50 employees out of work.

On July 9, Bentley’s filed a civil action that asked for a special Town Meeting on July 20 for residents to vote on a petition the saloon filed in mid-May. The petition would add the definition of a tavern to the land use ordinance and additional stipulations that would allow taverns to operate under less-restrictive conditions than a restaurant.

Bentley’s currently is listed as a restaurant, the closest definition for that kind of business in the town’s Comprehensive Plan. The definition limits the number of customers to 180, including the outdoor section.

Unlike restaurants, occupancy under the proposed tavern definition would be limited by the number of vehicles its parking lot could accommodate.

“They could have 10,000 (patrons) if they have enough parking space,” said Arundel Town Planner Tad Redway.

Redway said Bentley’s petition also asks that motorcycle parking be allowed in addition to vehicle parking. He said the business would need one motorcycle parking space for every two patrons.

“There are no real restrictions on a tavern; the definition is a place that serves drink and food,” Redway said. “Taverns would be restricted by the number of parking spaces provided on and off site.”

Redway said the new definition would be an available use in the Community Commercial South zone where Bentley’s is located. Adding taverns as a permitted use would make them the only business that doesn’t require planning board approval.

The current zone has no allowable uses. As written, all development requires a conditional use permit, meaning new businesses must be approved by the planning board.

While Warren requested the change be put to voters by late July, selectmen ruled May 24 the public would vote during the regularly scheduled Town Meeting in November.

Town Manager John Fraser said the petition was not considered an emergency situation and there was no pressing reason to hold the vote.

The Maine Municipal Association legal department had earlier sent the town an opinion that the delay would be unreasonable in light of the petition’s objective and a special Town Meeting would be required within 60 days. However, the association’s legal counsel reversed the decision  after learning the saloon is an existing business.

“I think it’s wrong not to get the most people possible to vote,” Fraser said.

He said a special meeting would average about 50 voters, while the annual November meeting could yield 1,700 to 2,000 voters.

Fraser said Bentley’s could continue to ask the town for special mass-gathering permits, which would allow more patrons during weekends.

Redway said the planning board is still moving ahead with the public hearing on the tavern amendment to the land ordinance in case selectmen decide to hold the meeting before November. The board held a public hearing Thursday, after the Post’s deadline.

A planning board review and public hearing must be held before the special Town Meeting. Fraser said the planning board has 45 days to review findings of the hearing before it makes a recommendation, and another seven days is needed to post notice for a special Town Meeting.

“We’d be looking at earlier September,” Fraser said.

Selectmen will readdress the petition by Bentley’s during the 7 p.m. meeting July 26 at Arundel fire hall.

Staff Writer Suzanne Hodgson can be reached at 282-4337, ext. 233.