WESTWOOD—Eight downtown property interests, represented by Herold Law P.A., appeared Monday night to oppose Five Dimes Brewery’s bid to update its 2020 site-plan and use-variance approvals—but it was not their objections, yet unheard, that delayed the hearing.
Instead, the Zoning Board of Adjustment carried the matter to Dec. 1 after noting that the borough planner had not yet certified the application as complete. Without that certification in hand, the board cannot legally take testimony.
The objectors—Lavco LLC, M.J. LaViano & Sons Inc., 169 Westwood Ave. Corp., Center 7 Realty LLC, 187 Fairview LLC, 205 Fairview LLC, Milo Inc., and First Westwood Realty LLC—are associated with Jack LaViano, Robert Zampolin, and Bruce Meisel. Their attorney, Robert F. Simon, submitted a five-page letter dated Oct. 31 alleging defects in the brewery’s public notice.
The correspondence, which Simon emphasized was “not necessarily adversarial,” argues that the brewery’s public notice did not fully describe the scope of its proposed amendments, the use of outdoor areas, or the activities affected by changes in state brewery law.
Simon maintains that those omissions prevent the board from exercising jurisdiction until notice is corrected, and asks that the matter proceed “properly and lawfully,” with cooperation among all parties before testimony begins.
Simon’s letter—presented Monday by Amanda Kronmeyer of Herold Law and shared with Pascack Press—also cited a scheduling conflict with another case already set for Dec. 1 in Morris Township and requested that Westwood’s hearing be postponed to a date convenient for all parties.
Why the brewery is back before the board
Five Dimes Brewery, at 247 Westwood Ave., occupies the former L.N. Grand 5 & 10 Cent Store, a longtime downtown landmark. Since opening in 2021, the three-level brewery has become a hub for live music, community gatherings, and craft-beer enthusiasts.
Its owner, Chris Alepa, through attorney Stephen P. Sinisi, is asking the board to bring its local approvals into line with state law changes adopted in 2023 that loosened long-standing restrictions on limited breweries. Those reforms—P.L. 2023, c. 290—eliminated mandatory brewery tours, lifted event caps, and permitted coordination with outside food vendors, among other updates.
According to Sinisi’s filing, Five Dimes is not seeking to expand hours, seating, or rooftop occupancy but rather to substitute the new state language for the outdated conditions of its 2020 resolution. The update, says Alepa, could have been handled in a letter, per initial resolution.
Among the amendments requested:
- recognition of unlimited on-premises events and private parties;
- allowance for televisions and event advertising;
- authorization for outdoor table service and portable taps, subject to local and ABC approval;
- recognition of up to 25 off-premises events per year; and
- clarification that brewery tours are no longer required.
Sinisi emphasized that “all amendments simply align conditions with current state law to eliminate inconsistencies and clarify enforcement.”
Not so fast, says zoning officer
In a Sept. 11 email, Borough construction official Armand S. Marini III advised that the request “may intensify the use and activities of the brewery” and therefore must be ruled on by the Zoning Board, not handled administratively. Marini noted that the 2020 approval “was based on the ABC laws in place at that time” and that only the board could decide whether the updated permissions alter the intensity of use.
The board is being asked to reaffirm the property’s D-1 use variance—a limited brewery in the CBD/SPE Zone—and grant amended site-plan approval reflecting the new law.
Inside the Nov. 3 meeting
The board chambers were filled with neighbors, patrons, and friends—plus at least one (well-behaved) dog—some wearing Five Dimes swag. But instead of testimony, the evening turned into an impromptu seminar, not unwelcome, in land-use procedure.
Chairman Bill Martin, taking pains to educate newcomers, outlined the ZBA’s quasi-judicial role and its four statutory powers: granting variances, interpreting the code, hearing appeals, and ruling on conditional uses.
“We’d like to have the notice completely unchallenged,” he said, urging both sides to use the weeks ahead to resolve procedural questions “so that when the case resumes [Dec. 1], the discussion can center on substance rather than process.” Board attorney Thomas Randall called that “a fair request.”
Frustration from the applicant
Alepa’s attorney, Sinisi, voiced frustration over the repeated delays. “This could have been handled in a much simpler way,” he said. “Our understanding was that we could address these changes by letter, but the board’s attorney determined that a full application was required. We’ve done that. And now, because the planner couldn’t be present, my client is left waiting again. Every time, it opens the door for new objections.”
Alepa, who coaches youth football, arrived from the field just before the meeting. “This isn’t about pushing limits,” he said afterward. “It’s about matching our local approvals to what the state now allows.”
Arroyo: ‘Not punitive’
Ahead of the meeting, Mayor Ray Arroyo sought to calm speculation on social media. “It is both premature and misguided to draw horns and a tail on the Borough of Westwood and our Zoning Board of Adjustment,” he told Pascack Press on Oct. 31. “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… but those new rules don’t automatically apply to pre-existing use variances.” Arroyo noted the brewery “can continue to operate as it has since inception” while seeking any needed amendments.
After the session, Alepa responded to Arroyo’s Halloween-inspired description: “I just want to make it clear that Five Dimes didn’t post anything negative about the borough. Our posts only asked for community support so we could host community events without the restrictions. We bring people downtown. We help other businesses. That’s really what this is about.”
From five-and-dime to Five Dimes
The brewery occupies a space steeped in memory. For more than six decades, the Naginsky family ran the L.N. Grand 5 & 10 Cent Store here. When it closed in 2019, the family hoped the site would remain a vital space downtown.
Alepa took up that charge, restoring the building into a three-level, 7,000-square-foot brewery whose decor nods to its roots: the old sign hangs inside, and buffalo-nickel tap handles gleam under the lights of a rooftop deck that’s become a favorite perch for sunset watchers.
It also helped inform a review of parking and the Master Plan, with planners noting new uses to enliven the borough and answer anticipated needs.
Since opening in 2021, Five Dimes has grown into a hub—its rooftop alive with acoustic sets, its ground floor with trivia nights and seasonal releases. The brewery opened a location in Red Bank in 2024, with another planned in Point Pleasant for 2026.
The ZBA will reconvene on Monday, Dec. 1, 8 p.m., at Borough Hall. If the planner’s review is complete and notice issues resolved, testimony will begin—first from the applicant, then the objectors, and finally the public.
Editor’s note: Our public records request with the borough having been approved, we updated this story on Nov. 7, 2025 to reflect more of the facts of this matter than we had available Nov. 3. We will continue to follow this story.