By Greg Ellison

(May 20, 2021) The Berlin Planning Commission voted 4-1 last week to approve a community green space for special events and outdoor dining at the intersection of Gay and Jefferson streets.

The vote, which came after a motion to deny the application died for lack of a second, allows Buzz Meadery owners Brett and Megan Hines to proceed with their Berlin Commons proposal.

As presented by the Hines last Wednesday, Berlin Commons would involve a triangle-shaped area between Gay and Jefferson streets.

Berlin residents since 2015, the Hines launched the Buzz Meadery last June and produce a “honey wine” averaging 6-8 percent of alcohol.

The Berlin Historic District Commission approved the proposal during its meeting on May 5.

Commission member Pete Cosby asked if the public area located on private property would provide space for consuming food and beverages from nearby eateries.

Bret Hines said the area would be open for the community from sunrise to sundown.

Under the auspices of the Buzz Meadery, which is registered as a class four limited winery in Maryland, the location could be used for pre-approved special events.

Hines said each special event must receive state approval, with up to 32 permitted annually.

“Some are not in Berlin,” he said.

Additionally, the location would be available for residents looking to book a site for small gatherings.

Megan Hines said pop up food vendors might be allowed on site but no firm plans are in place yet.

Commission member Newt Chandler asked about related charges.

“If you get a vendor in there, are you going to charge them for space?” he said.

Brett Hines said the approach would vary.

“If it’s a for-profit thing, were going to charge them … but not private events,” he said.

Chairperson Chris Denny asked who would be responsible for assuring the spot remained free of trash and debris.

Brett Hines said the couple, who live nearby on Bay Street, would handle property upkeep, with friends and associates available if assistance is required.

“We would hire a company if we need help with the trash,” he said.

Chandler asked how the public would be informed when the space could be used and rules of conduct expected.

Brett Hines said the principal approach would employ signs.

“In the center of the property we’re going to have signage that at least has the  ground rules,” he said. “Most of the time the property is going to be unmanaged.”

Chandler raised concerns regarding late-night partying.

“There could be a spontaneous party there that lasts until 2 a.m.,” he said. “Dealing with a bunch of drunkards — it’s like herding cats, they’re going to stay there … unless somebody runs them off.”

Brett Hines said motion sensor security cameras would be installed.

“We’re not going to have any physical altercations but we’re going to take appropriate measures,” he said.

This assurance failed to allay Chandler’s concerns.

“You just can’t have a party lot there with nobody taking care of it,” he said.

Megan Hines said the couple would take ultimate responsibility and react accordingly.

“If they’re on private property and it’s after posted hours they’re trespassing,” she said.

Denny asked if entrance gates to the lot would be closed at night.

Brett Hines said based on input from police and fire officials two planned entrance gates would have locks installed, with the couple handling opening and closing.

“There would be signage that said no outside alcohol allowed,” he said. “It’s not meant for people to be drinking.”

Although the spot would be open during daylight, Brett Hines said the time range would be shorter for special events, typically six hours or less.

“We’re going to try and pair it with when the town’s busy,” he said.

Planning Director Dave Engelhart said a scant number of emails opposing the proposal were received, which were offset by close to 90 letters of support.

Among the dissenters was former Planning Commission member Barbara Stack, who did support green space but envisioned the area being misappropriated for a party spot.

“I am concerned this semi-enclosed space will be misused by the public when no one is around,” she said.

Stack said the inclusion of fencing surrounding the parcel could provide cover for “mischief makers to hide and pop out”  to frighten pedestrians passing by or provide an out-of-sight location for homeless to sleep.

“Who’s going to supervise?” she asked. “The Berlin Police department and the taxpayers should not be asked to supervise private property.”

Stack also suggested fencing could reduce cross street visibility for drivers.

Englehart said Berlin Police Chief Arnold Downing, who is being consulted about traffic issues, proposed observing the location.

“He said the best thing we can do is go out there … and look,” he said.

Lack of restroom facilities on site was another concern raised by Chandler.

“That’s a major problem in my opinion,” he said.

Brett Hines said initial site plans included a space for a portable restroom.

“We found out under town code no temporary bathroom is allowed,” he said. “We wanted to have space if events in town required bathrooms.”

Engelhart said while Berlin does not install mobile bathrooms on private property during town-sponsored events, the Hines could build a permanent facility on site.

Although in agreement about restroom concerns, Brett Hines said building a structure at the location would prove cost prohibitive.

“We are under contract to buy this property conditioned on these plans getting approved,” he said. “It’s unlikely we could budget the cost to build a bathroom.”

Berlin Economic & Community Development Director Ivy Wells said public restrooms are located within 500 feet of the site.

Chandler said if alcohol was being consumed at special events that distance would prove too far and result in urinating near residences.

“This thing is pushing up against a neighborhood,” he said.

Chandler said establishing an outdoor venue such as Berlin Commons would set a bad precedent within the town.

“It’s not fair to the people that live in the area [and] surrounding property owners,” he said.

Brett Hines said the emphasis for Berlin Commons would be less of a special event spot and more of an outlet for creativity.

“We’re going to have space readily available for local artists to set up,” he said.

To that end the Hines have consulted with the Berlin Arts Council.

“It’s a place where people who live in our town can come together and showcase the things that they’re making, selling or creating,” he said. “That’s the essence of what this space is.”

Megan Hines noted the location is currently a dirt lot.

“It’s really an eyesore [and] we’re trying to beautify it,” she said. “I genuinely don’t think our community’s going to destroy it, throw trash there and have homeless people living in it.”

After Chandler put forth a motion to deny the request that failed to garner a second member in support, the commission voted 4-1 to pass a subsequent motion with Chandler opposed.