Help Save Joe Hill's Berlin Md. Neighborhood
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Berlin MarylandBoard of Zoning Appeals made a decision that
will affect the future of our neighborhood.
Joe Hill needs to raise funds for legal fees to overturn an unjust decision by the Berlin, Md. Board of Zoning Appeals. The decision was made without consideration to the decision made 10 years ago about the same property.
I live at 304 North Main Street in Berlin Maryland. My property is in an R-2 Zone. R-2 zoning allows residences and institutional buildings such as churches, schools, and in this case libraries. I live in a house I designed and built in 1987; 34 years ago. I attended high school in Berlin from 1971 to 1975. I moved to Berlin as a full-time resident in 1980. I have been living in Berlin for 40 years. I not only own my home but have operated a business in Berlin for about 30 years.
The property adjacent to mine has an historic home. The home is not in the historic district but it would qualify as an historic structure. Its address is, 15 Harrison Avenue, Berlin, Md. Until 2011 the house was used as a single-family home, perfectly allowable and protected by the R-2 Zoning. I have lived in my location on Main Street for 34 years and the Harrison Avenue house has had 5 owners during the 34 years. Twice a typical residence. Once by a developer who planned to subdivide the property into building lots but eventually sold the property to Mr. Kaufman in 2011.
On May 4th 2011 Mr. Kauffman applied for and was granted a “Conditional Use” exception to use the house as a Bed and Breakfast for 4 guest rooms with which I had no issue. I assumed it would not be a nuisance to the neighborhood with additional traffic or noise. In June of 2012 he went back to the board of zoning appeals. He stated he was a gourmet chef, and had invested a lot of money into a commercial kitchen for the inn. He, however, stated he was not able to sustain himself on the B&B use alone.
He requested an additional conditional use permit to hold a monthly “Dinner Club” for up to 30 persons once a month. Again, I testified the owner was a good neighbor and I had no problem with the request if that would help keep the B&B going.
Recently the property was sold again. The new owner went to the Board of Appeals in March. He requested to retain the B&B use, but wanted to increase the “restaurant “use to 65 seats, Originally the request was for a 70 seat capacity so he would qualify for a Worcester County Liquor License. That request was since reduced to 60 seating capacity. 30 of which would be inside seating capacity, the requirements for a beer and wine license. As a third conditional use the applicant requested permission to host “Tented Events” originally requesting 6 to 10 events per year. Beer and wine would be served at the events .The Board of Zoning appeals literally asked the applicant “How many events would you like? The applicant replied “I don’t know. We haven't had any requests yet” A member of the BZA actually asked if 20 would be enough. Which they replied yes. At this point the request was set for review in April.
On April 14, 2021. The BZA approved the following;
A maximum capacity of 60 people. This would include B&B guests. (10).
For special events guests would be catered at the full-service restaurant.
At the events there can be only acoustic music “unamplified” and the music must end at 9:00 pm. At this point I realized that the original “conditional use” written definition had to have been misinterpreted. The conditional use approval was written as the B&B could basically be a full-service restaurant serving three meals a day, seven days a week for 30 people instead of just a B&B with a dinner club for 30 guests once a month. Be it a clerical error or simply a misinterpretation of the actual approval. The misinterpretation of the decision has been verified by Chuck Ward, the Town of Berlin Zoning Administrator at the time.
I feel a full service restaurant far exceeds the sensible use in an R-2 Zone.
This use will have a negative impact on my property value and the very rights the R-2 Zoning is to protect.
The contributions will be used for legal fees.
Any money left over shall be donated to the local SPCA and the Maryland Food Bank
Please Help
Thank you, Joe Hill
will affect the future of our neighborhood.
Joe Hill needs to raise funds for legal fees to overturn an unjust decision by the Berlin, Md. Board of Zoning Appeals. The decision was made without consideration to the decision made 10 years ago about the same property.
I live at 304 North Main Street in Berlin Maryland. My property is in an R-2 Zone. R-2 zoning allows residences and institutional buildings such as churches, schools, and in this case libraries. I live in a house I designed and built in 1987; 34 years ago. I attended high school in Berlin from 1971 to 1975. I moved to Berlin as a full-time resident in 1980. I have been living in Berlin for 40 years. I not only own my home but have operated a business in Berlin for about 30 years.
The property adjacent to mine has an historic home. The home is not in the historic district but it would qualify as an historic structure. Its address is, 15 Harrison Avenue, Berlin, Md. Until 2011 the house was used as a single-family home, perfectly allowable and protected by the R-2 Zoning. I have lived in my location on Main Street for 34 years and the Harrison Avenue house has had 5 owners during the 34 years. Twice a typical residence. Once by a developer who planned to subdivide the property into building lots but eventually sold the property to Mr. Kaufman in 2011.
On May 4th 2011 Mr. Kauffman applied for and was granted a “Conditional Use” exception to use the house as a Bed and Breakfast for 4 guest rooms with which I had no issue. I assumed it would not be a nuisance to the neighborhood with additional traffic or noise. In June of 2012 he went back to the board of zoning appeals. He stated he was a gourmet chef, and had invested a lot of money into a commercial kitchen for the inn. He, however, stated he was not able to sustain himself on the B&B use alone.
He requested an additional conditional use permit to hold a monthly “Dinner Club” for up to 30 persons once a month. Again, I testified the owner was a good neighbor and I had no problem with the request if that would help keep the B&B going.
Recently the property was sold again. The new owner went to the Board of Appeals in March. He requested to retain the B&B use, but wanted to increase the “restaurant “use to 65 seats, Originally the request was for a 70 seat capacity so he would qualify for a Worcester County Liquor License. That request was since reduced to 60 seating capacity. 30 of which would be inside seating capacity, the requirements for a beer and wine license. As a third conditional use the applicant requested permission to host “Tented Events” originally requesting 6 to 10 events per year. Beer and wine would be served at the events .The Board of Zoning appeals literally asked the applicant “How many events would you like? The applicant replied “I don’t know. We haven't had any requests yet” A member of the BZA actually asked if 20 would be enough. Which they replied yes. At this point the request was set for review in April.
On April 14, 2021. The BZA approved the following;
A maximum capacity of 60 people. This would include B&B guests. (10).
For special events guests would be catered at the full-service restaurant.
At the events there can be only acoustic music “unamplified” and the music must end at 9:00 pm. At this point I realized that the original “conditional use” written definition had to have been misinterpreted. The conditional use approval was written as the B&B could basically be a full-service restaurant serving three meals a day, seven days a week for 30 people instead of just a B&B with a dinner club for 30 guests once a month. Be it a clerical error or simply a misinterpretation of the actual approval. The misinterpretation of the decision has been verified by Chuck Ward, the Town of Berlin Zoning Administrator at the time.
I feel a full service restaurant far exceeds the sensible use in an R-2 Zone.
This use will have a negative impact on my property value and the very rights the R-2 Zoning is to protect.
The contributions will be used for legal fees.
Any money left over shall be donated to the local SPCA and the Maryland Food Bank
Please Help
Thank you, Joe Hill
Co-organizers (2)
Joe Hill
Organizer
Berlin, MD
Ron Walker
Co-organizer