Longtime resident voices concerns about impact on residential neighborhood

By Greg Ellison

(May 27, 2021) Worried about the effect the expansion of commercial projects have on residential neighborhoods, Joe Hill on Monday asked the Berlin mayor and Town Council to examine conditional use zoning codes for potential revisions.

Hill, a Berlin resident and business owner, addressed the mayor and councilabout a recent Board of Zoning Appeals decision to grant the owners of Inn Berlin a conditional use to permit outdoor-tented events.

On April 14, the Board of Zoning Appeals voted 3-1 to approve a variance request for the Inn Berlin owners Pino and Karen Tomasello to stage private outdoor tented events on the 1.5-acre property for a maximum of 60 attendees.

“It’s ancient history,” Hill said.

Still, the potential for setting precedent for other properties in R-2 residential districts troubled Hill.

“It has a big effect on people’s quality of life,” he said. “If we’re going to continually allow businesses in R-2 zones, those businesses downtown will eventually suffer.”

Hill then asked the mayor and council to reexamine conditional use parameters with the Board of Zoning Appeals.

Mayor Zack Tyndall said Planning Director Dave Engelhart has been recently consulted about improving public hearing notification methods for adjacent properties when zoning requests are submitted.

“Dave and I have talked about ways to improve on the town side to make people more aware,” he said.

Tyndall said any new approaches would be in addition to the current avenues for advertising meetings.

Hill said in some past instances zoning officials had misinterpreted conditional use regulations.

In his estimation, a conditional use for a commercial entity in a residential zoned neighborhood would be a home-based business with a sole employee.

“That’s the intent of that sort of use,” he said. “I don’t think a full-blown business in a residential neighborhood was ever the intent.”

Councilman Jay Knerr asked what remedies exist if residents adjacent to the Inn Berlin property find the private events to be a nuisance.

“If there are repeated violations of the noise ordinance does the town have any options?” he asked.

Engelhart said if the terms of a conditional use are not followed, the Board of Zoning Appeals could withdraw the permission.

The zoning code does not specify the number of violations required to trigger the process.

“It would be under advisement as far as enforcement,” he said.

Noise or other complaints would have to be documented through the police department to generate any potential zoning review.

“It would have to be reported,” he said.

Noting that zoning law is constructed to protect people and property, Hill questioned the wisdom of having residents lodging complaints through official channels.

“This practice of having one property owner drop a dime on a neighbor can be very dangerous,” he said.

Also concerned was Berlin resident Debbie Cook, who asked why the conditional use was transferred to the current property owners.

In October 2011, former Waystead Inn owner Mark Kauffman was approved to launch a bed and breakfast venue at the location.

In June 2012, Kauffman was granted a conditional use to host dinner parties for a maximum of 30 people including overnight guests.

Tyndall said the council lacks authority to alter Board of Zoning Appeals decisions.

Engelhart said conditional use allowances convey with property sales unless the use has ceased for over a year.

Hill, who has lived adjacent to the site for more than three decades and was acquainted with the past five previous owners, claimed that was the case.

“I know the last innkeeper who would verify the conditional use for food was not used for three years,” he said.

Hill argued the conditional use should not have been transferred as part of the property sale based on violations by the previous owner.

Tyndall said an appeal process for Board of Zoning decisions exists and takes place at the circuit court level.

“Believe me I know that,” Hill said.

Hill is planning to file an appeal in court alleging the zoning board process was mistaken.

“I will say the bottom price tag for an appeal is $10,000,” he said, “That’s a lot of money.”

To finance the effort, Hill and Ron Walker have established a GoFundMe page, “Help Save Joe Hill’s Berlin Md. Neighborhood,” which as of Tuesday had raised nearly $3,000 of a $15,000 goal.