WESTWOOD — The Zoning Board of Adjustment intends to start a requested hearing on an application by Five Dimes Brewery Monday night, but the full proceedings will have to wait until the borough planner can attend.
That’s according to Five Dimes owner Chris Alepa, who tells Pascack Press with hours to go before the hotly anticipated session is to start that “The meeting [the testimony portion] has been cancelled by Westwood. They told my attorney, Steve Sinisi, that the borough planner could not make the meeting so they could not hear the application.”
On that basis, Alepa took to social media to promise his supporters he would share the date of the full hearing once it’s scheduled. [Update: The meeting is set. Our report: “Objectors emerge as Five Dimes hearing carried to Dec. 1.”]
The application, listed as ZB-25-0111, seeks amended site plan approval for CJA Ventures LLC, the entity behind Five Dimes, based on changes in state Alcoholic Beverage Control (ABC) law.
The brewery’s original 2021 site plan and D-1 use variance were approved when state ABC rules sharply limited the number and type of on-site events breweries could hold. Those restrictions were lifted last year, giving “limited breweries” greater flexibility to host trivia nights, live music, and community gatherings.
Mayor Ray Arroyo told Pascack Press the purpose of the hearing is to reconcile the brewery’s prior approvals with the updated state regulations.
On Halloween, Arroyo told us with typical timely color, “It is both premature and misguided to draw horns and a tail on the Borough of Westwood and our Zoning Board of Adjustment. Five Dimes was initially permitted to occupy its Westwood Avenue location by Zoning Board approval of a D-1 use variance. That use had very specific parameters under ABC regulations at the time. Since then, the law changed, allowing breweries to substantially expand their onsite activities. But those new rules don’t automatically apply to pre-existing use variances.”
Arroyo said the brewery “can continue to operate as it has since inception” while it seeks additional variances to expand its offerings.
Architect and ZBA chair Bill Martin confirmed that the item had not been officially carried or postponed. “Right now, it’s 4:18 p.m., and the meeting is at 8 o’clock tonight. It’s on the agenda,” he told Pascack Press, when we called to ask about Five Dimes’ postponement announcement, before hearing back from Alepa. “If there is an objector that comes, then there’s going to be discussion about how the hearings are going to be conducted.”
Martin explained that “everyone has a right to be heard,” including the applicant, the borough, and any objectors represented by counsel. The board, he said, will determine during the meeting whether to proceed or carry the hearing.
Under New Jersey’s Municipal Land Use Law, D-1 variances carry a higher burden of proof and require five of seven board members to approve. Such variances allow uses that are not otherwise permitted in a zone, and any proposed changes are “strictly scrutinized” to assess their potential impact on surrounding properties.
Arroyo tells us he hopes the hearing, even if it does not yet include testimony, will help clarify how state and local regulations interact.
“I think residents may learn something about the facts of why he’s there,” Arroyo said. “Why the change in ABC rulemaking does not supersede the Municipal Land Use Law’s legal import of D-1 use variances and the process for expanding the terms of their original approvals. If any members of the public are present, the board attorney, planner, or chairman will likely address that to clear up the many misinformed comments on social media.”
Residents and patrons flooded social media in recent days, and wrote to Pascack Press, speculating about the brewery’s future and organizing to show support at the hearing.
Owner dings process; says fans prove value to borough
Alepa reached back to us after we tried to contact him for the initial version of this web story, which explained we were not sure whether it was his camp that was intending to carry, or postpone, the agenda item. In our call, he expressed frustration with how the process has unfolded.
“This could have been handled in a much simpler way. I was under the impression that all we had to do was send a letter and they could agree to make these changes without going through the whole process. But the zoning board’s attorney determined that a full application was required. That’s what brings us to today.”
Alepa said the longer process “opens the door for people to come out and argue or disagree with the application. That’s what I’ve heard we might see tonight.”
Despite his frustration, Alepa said he remains focused on the brewery’s community value. Five Dimes, at 247 Westwood Ave., opened in 2021 and has since become a popular downtown gathering spot for live music, trivia, and community events. (For background, see “Cheers! Five Dimes Brewery wins Westwood variances” by Michael Olohan, from Oct. 12, 2020.)
“We’re a business loved by the residents of the Pascack Valley area and people from out of town. We bring foot traffic to other stores and restaurants. I don’t see why there’s a fight.”
He added that he planned to attend the meeting regardless of the delay.
“I coach football, so I’ll be leaving practice early to be there at eight o’clock. I just want to see this through.”
Also listed on Monday’s agenda is ZB-25-0109, an application by Martinez, 56 Lincoln Ave., seeking building and lot coverage variances to construct a 22-by-16-foot family room addition. The meeting is at 8 p.m. at Borough Hall, 101 Washington Ave.
Editor’s note: We updated this story with new information from Chris Alepa at 6:19 p.m. on Monday, Nov. 3.