Staff Writer

After months of occasional acrimonious debate with the Arundel Board of Selectmen, the owner of Bentley’s Saloon in Arundel has withdrawn his request for a special town vote that could allow his bar to increase its occupancy.

Bentley Warren asked selectmen to include an article at the June 8 Town Meeting that would change a definition in the land use ordinance and allow occupancy higher than the bar’s current limit of 180 people.

“I’d rather see a November election. Then everyone gets a voice,” Warren said during Monday’s meeting.

Warren submitted a petition in May for a town vote to determine whether to add “tavern” to the land use ordinance. The petition was not placed on the June warrant because of town procedural time limits.

When the article didn’t make it onto the June 8 warrant, Warren pressed for a special Town Meeting within 60 days after his petition was submitted to town office. Town Manager John Fraser consulted Maine Municipal Association lawyers who said changes for an existing business did not require a special Town Meeting.

Warren appealed the decision to York County Superior Court. Justice Paul Fritzche ruled July 12 that a special meeting was not needed.

Even though selectmen won the legal fight, some soon felt it was the wrong fight to win.

Selectman Dana Peck brought up the issue again at the selectmen’s meeting Monday by reading a letter of apology to Warren and Arundel residents.

“I apologize to Bentley Warren, colleagues and citizens of the town of Arundel, I did not do my job as a citizens’ official,” Peck said. “I did not do my homework. I neglected to view the intent of the proposal through the eyes of the business owner.”

Peck said he did not think about the business in a seasonal capacity and did not understand the financial impact Warren faced with a 180-patron limit or the cost of plans and designs required by the planning process to increase that capacity limit.

Selectman Mark Paulin also apologized. He said his decision to vote against a special Town Meeting was a mistake.

“My head could not process it correctly,” Paulin said.

The definition of tavern does not specify a space limit for occupancy. Bentley’s proposal would determine tavern occupancy based on how much parking is available. If the town approves the proposed definition for motorcycle parking, two patrons would be admitted for each motorcycle spot. Bentley’s does not know how many motorcycle parking spots would be available at the bar.

“I’ve been in construction many years and I have yet to see any municipality disregard a motorcycle as a mode of transportation. To not have it in your bylaws is kind of poor. These things should have been done a long time ago,” said Arundel resident Tim Isham. “The board needs to get up-to-date on what’s going on in the neighborhood.”

After more than two hours of discussion Warren said he could wait for the regular elections as long as he could obtain mass-gathering permits to exceed his current occupancy limit until November. He claims his business is not profitable under current restrictions.

Warren submitted the two most recent mass-gathering requests earlier that day instead of the required 14 days required before the meeting to be added to the agenda.

Selectmen voted unanimously to place the requests on the agenda, with Velma Jones-Hayes absent.

Selectmen voted 3-1 to approve the permits for 423 people for July 29 through July 31 and Aug. 5 through Aug. 7. Selectman Tom Danylik voted against the motion.

Warren said he would bring more mass-gathering requests to the Aug. 9 selectmen’s meeting to cover the period through the November election, when voters will decide on his proposed land-use ordinance changes.

Greg Martinez, manager of Bentley’s Saloon, reminded those at the meeting Bentley’s already had a 1,000-person mass-gathering permit for Labor Day weekend and would ask for another 1,000-person mass-gathering permit for later in the season.

The town’s planning board granted Warren a conditional permit July 22 to expand occupancy of the bar from 180 to 423, with 212 patrons allowed indoors and 211 outside. The permit is conditioned on a Maine Department of Transportation permit and improvements to the parking lot.

“We’re supposed to have the permit by the end of next week,” Warren told selectmen Monday.

Warren said the DOT permit will show if increasing occupancy to 423 people will require widening of Route 1 in front of Bentley’s.

More traffic into Bentley’s may mean a new turning lane, although Warren said he did not think the permit would require significant construction to the road.

Mass-gathering permits will be required until the DOT permit is finalized.

Warren said DOT officials plan to give him a phased permit that considers more expansion to the business and higher occupancy based on the vote in November.

If the conditions are met, the planning board’s occupancy expansion will stay in place even if the warrant article fails in November.

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