Correction: An earlier version of this story, including one in the print edition of the Dec. 18 Sentinel, regarding the Somers Point Zoning Board decision on the 825 Bay Avenue LLC application included an error on the vote. Board members voted three in favor, four against.
SOMERS POINT — An Upper Township couple is dismayed that their application to operate a retail wine outlet from their Bay Avenue home was denied, and say they have given up on the idea.
“We are just a little surprised,” Mike Halpern said, adding he feels there is a “complete disconnect” between the planning and zoning boards. “This is pretty low impact, and if it’s not what they want, they don’t want anything.”
He and his wife, Robin Halpern, were seeking preliminary and final minor site plan approval and a D variance to permit two uses on one property — a short-term rental and retail outlet.
The couple purchased the 3,098-square-foot home at 825 Bay Ave. in October 2023 for $860,000 and conducted significant improvements to operate it as a rental.
“We freshened up the house considerably, modernized the utilities, put in great new kitchen,” Halpern said.
Their plan was to convert the garage into a wine outlet, offering 16 seats with some inside and some outside, as well as a tasting bar.
“We were using the back garage because we did not want to disrupt the house,” he said. “Ultimately, they felt it didn’t fit.”
Halpern said board members “wouldn’t listen to the expected capacity” and there was some confusion about what could be done on a Bay Avenue property, which is in the Historic Village Waterfront zone where residential or commercial uses are permitted.
The couple faced a similar situation in Beesleys Point, where they bought a preserved tree farm and began growing grapes for wine production but faced hurdle after hurdle until ultimately reaching a settlement with Upper Township.
Still, they cannot sell their Ocean City Winery products from a farm stand at the property on Bayaire Road, which is allowed at most farms statewide.
In addition to their Beesleys Point property, the Halperns own Engine One Vineyards near the Cohansey River in Cumberland County.
The vote was three in favor, four against. Zoning Board Chairman Joe Craddock, a member since 2001 who served as vice chairman for five years, said a supermajority was needed for approval because a D variance is “a high-standard variance to get.”
Craddock said it was the shortage of adequate parking that “in my opinion collapsed their application.”
He said the street already is overwhelmed with overflow parking from the Anchorage Tavern across Delaware Avenue, as well as multifamily houses on the block and some dedicated parking spots.
Craddock noted the house is being used as a short-term rental, with its own parking demands that are not even being met.
“It would just exacerbate a problem,” he said.
Other issues included the garage being a non-conforming structure that is right up against the neighboring property and that the property abuts all residential properties.
“It was just too much to overcome,” he said.
Craddock said the couple could have operated the winery outlet from the first floor of the home, since the zoning encourages commercial with residential above.
“It makes sense on Bay Avenue but the garage fronted on Delaware Avenue,” he said.
The property runs 152 feet up Delaware Avenue and the garage is at the very back of the lot.
Halpern noted they participated in pre-qualification meetings, including with the conceptional committee, but that “it came down to a handful of residents who have lived there for 50 years.”
Craddock said many neighbors were “vehemently against” the application, but added that board members take that into account but that it’s not the only factor they consider.
“It’s disappointing but you move forward,” Halpern said. “We need to rethink the value of staying in Somers Point.”
He said they have no intention of appealing.
– STORY and PHOTO by CRAIG D. SCHENCK/Sentinel staff