For 70 minutes of this week’s Baltimore County Council meeting, accusations of backstabbing, complaints of broken promises and warnings of lawsuits and dangerous precedents flared over one particularly contentious piece of legislation.

The reason for the fury: a Denny’s.

The national diner chain signed a 20-year lease to open a new location in the Honeygo area of Perry Hall, near the intersection of Belair Road and Honeygo Boulevard. Like many other Denny’s locations, the new spot in northeast Baltimore County is envisioned as a 24-hour establishment.

But amid uproar from nearby residents, worried about the potential for late-night noise, crime and loitering, Councilman David Marks, an eastside Republican, introduced a zoning bill that would prevent restaurants from operating between 10 p.m. and 5 a.m. if they are located in Honeygo and within 250 feet of a residence.

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Critics, including the developer, the restaurant operator and a county official, said the bill appears crafted to target the proposed Denny’s. They warned that it would kneecap a project that already cleared much of the development process.

Weeks of impassioned debate between community members, business advocates, government officials and councilmen has stretched across two work sessions this month and left the fate of the Denny’s hanging in the balance.

Denny’s was slated to be the latest addition to the Shops at Perry Hall, a small mixed-use development already home to a 24-hour Wawa, a Valvoline Instant Oil Change shop, an Autobell car wash and a cluster of townhouses for adults 55 and older called Gatherings at Perry Hall Place. The Forge Reserve community of about 30 homes stands across the street at the back of the property.

Thomas Castello, former vice president of the Forge Reserve Community Association, said at Tuesday night’s council meeting that the developer, Southern Land Company, initially consulted with residents about a Steak ‘n Shake that would have operated on standard hours but never mentioned the possibility of a round-the-clock restaurant on the site.

“Promises made, promises broken,” Castello said. “We remain open to collaboration on future tenants. But make no mistake: Your mafia-style, bullying tactics won’t work.”

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Longtime Perry Hall resident Angela Kisnick said she recently purchased a townhome in the 55+ community, about 250 feet from the planned Denny’s, “without seeing any notification of what this 24-hour restaurant would be all about.”

She feared inviting a sit-down crowd to the neighborhood late at night would disrupt sleep and boost traffic and crime.

“Yes, Wawa is open 24 hours, but it is a gas station,” Kisnick said. “You run in, purchase and you run out.”

Homes are seen beyond an empty lot along Belair Road in Perry Hall where a proposed Denny’s restaurant is to be built.
A cluster of homes lies beyond the empty lot in Perry Hall, a small mixed-use development already home to a 24-hour Wawa, a Valvoline Instant Oil Change shop and an Autobell car wash. (Jerry Jackson/The Banner)

Developer Ron Schaftel, Southern Land’s co-owner, said residents bought into the 55+ community knowing it backed up to a developing commercial project.

“Councilman Marks is asking everyone to imagine they purchased a home, only to later find out that there would be a restaurant 200 feet away. But here, that is clearly not the case,” Schaftel said. “There were no surprises.”

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Schaftel and his business partner, David Altfeld, said Southern Land has already invested millions on the Shops at Perry Hall project, based on a longstanding development plan approved by the county.

Construction of the underground water and sewer lines, stormwater management system and storm drain at the Denny’s site had been completed. The developers said they also told the community they would consider installing security cameras and privacy fencing in response to their concerns.

Altfeld said the developers felt “blindsided” and “backstabbed” by the potential last-minute zoning change proposed by Marks.

“If an already approved and vested plan can be altered or withdrawn, there would be no trust in an approved plan and no trust in government permitting,” Altfeld said. “Council members, please do not vote for this destructive precedent in Baltimore County.”

Paul Mazza, president of Rommel Restaurant Group, which would operate the Denny’s, added that the company has already spent tens of thousands on the restaurant’s design, engineering, and architecture.

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“This legislation has brought this project to a screeching halt,” he said.

Brad Kroner, the county’s deputy director of government affairs, also urged the council to defeat the measure, warning that the county could face lawsuits if the bill is seen as unfairly targeting a specific business.

“I will note that this bill will likely be challenged as special legislation, which is, as you know, illegal under the Maryland Constitution,” Kroner said.

“You’re wrong,” Marks replied.

He said the bill applies to the entire Honeygo development, including existing businesses, but suggested that he might support an amendment exempting establishments that serve liquor.

Council members offered few clues about their votes, though they traditionally defer to a district’s representative in land use and zoning decisions. A vote on the bill is expected Nov. 3.