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Board approves Flag Harbor tavern special exception with restrictions after extensive public comment

Calvert County Board of Appeals · September 5, 2024
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Summary

The board granted a special exception allowing a small open‑air tavern at Flag Harbor (1565 Flag Harbor Blvd.) but imposed conditions including owner‑specific approval, seasonal hours (May 1–Nov 1), Thu–Sun 12–9, no amplified music, on‑site consumption only, a limit of two food trucks and required permits and mitigation to address traffic, noise and public‑safety concerns.

The Calvert County Board of Appeals voted unanimously on Sept. 5 to grant a special exception for a small open‑air tavern and outdoor patron area at Flag Harbor Boulevard (1565 Flag Harbor Blvd.), subject to a package of conditions designed to limit traffic, noise and off‑site impacts.

Dan Kelsch and engineer counsel for the applicant presented the proposal on behalf of owner Wayne Gessford (Flag Harbor LLC). They said the venue would be roughly 2,300 square feet with a covered bar and open patio, primarily serving local residents, marina slip holders and transient boaters. Proposed operating parameters presented during the hearing were seasonal operation May 1–Nov 1, Thursday through Sunday from noon to 9 p.m., a limit on amplified music and an on‑sale liquor license (intended to be limited to on‑premise consumption).

The hearing drew many neighborhood speakers. Opponents cited concerns about vehicle and pedestrian safety on narrow, partly private roads with limited shoulders and blind corners; the potential for patrons to walk to a nearby private beach or marina slips after consuming alcohol; and noise and parking spillover. Supporters — including slip owners and nearby business representatives — praised the applicant’s property improvements, community‑oriented intent and willingness to accept restrictions.

During deliberations the board and staff discussed enforceable conditions. The board required that the special exception be granted only to the current owner and for the specific location (so it would not automatically transfer to a new owner), that operation be limited to the proposed seasonal dates and hours, that amplified music be prohibited and county noise ordinance limits be met, that consumption be confined to a clearly designated footprint, that no off‑sale of alcohol occur, that no more than two food trucks operate on site at a time, and that the applicant obtain all required site‑plan, building, health and liquor approvals. The board also encouraged coordination with county public‑safety and public‑works staff to address traffic‑calming and signage.

With those limitations in place the board moved, seconded and voted unanimously to grant the special exception. The board instructed staff to prepare a written order specifying the findings and the conditions. Planning and Zoning and the Health Department will enforce permitting, accessibility and restroom/ADA requirements during later site‑plan review.

The board repeatedly reminded residents that subsequent permitting and enforcement steps — including site‑plan review, liquor‑license review and any public‑safety measures — would be required before the venue could open.