Some neighbors not happy with restaurants continuing food, alcohol service outdoors
SOMERS POINT — The city’s nationally recognized Bay Front Historic District stretches from Goll Avenue to Maryland Avenue between Shore Road and Great Egg Harbor Bay.
It contains dozens of homes, the refurbished Gateway Playhouse, several marinas, a beachfront concert venue and all of the city’s most popular restaurants.
The mix of business and residential properties — seen in tourist towns around the world — often results in a struggle between the interests of the homeowners and those of the merchants.
That struggle was exacerbated when, to help local eateries survive during the COVID-19 pandemic, outdoor dining in parking lots, on sidewalks and decks was permitted statewide by executive order of Gov. Phil Murphy in April 2020.
Suddenly a parking lot was a dining room full of patrons eating, chatting and drinking alcohol, which the state Alcoholic Beverage Commission ruled was permissible by granting an extension of premises to liquor license holders. That provision has a sunset clause, ending Nov. 24.
City solicitor Tom Smith said any business that wants to continue serving alcohol outside after that date would need to acquire an extension of premises from the ABC unless it already had an approved outdoor space, such as the back porch at Gregory’s Restaurant and Bar and waterfront porch at The Anchorage Tavern.
City Council voted March 24 to approve ordinance 8-2022, which replaces part of the city code to modify standards for outdoor dining. The changes allow the practice year-round, require sit-down food and beverage service by wait staff and require outdoor music and food/beverage service to end at 10 p.m.
They also set specifications on how tables and chairs can be set up, clarify where they can be set up and require a low barrier between seating and the city or county right of way, as well as lay out rules for the number of seats permitted inside and outside. The number cannot exceed a facility’s allowance based on its available parking without a variance from the Planning Board.
Another change is allowing outdoor dining in the whole city. Smith said the initial ordinance was focused predominantly on the historic district but that when the ordinance takes effect Nov. 25, any restaurant in town that fulfills the requirements can take part.
Striking a balance
City Council President Janice Johnston said the city is trying to strike a balance between the interests of the residents and businesses, approving the ordinance despite multiple complaints about noise, parking, trash and other issues associated with the practice.
George Street resident David Crean read a letter from Teresita Doebly, of Somers Avenue, noting she feels that residents’ concerns are not being taken seriously.
“The problems that have arisen during the pandemic reveal how our city seems one-sided in dealing with quality-of-life issues. Why would we want outside dining if the ordinances to protect the residents are not enforced? I ask Mayor Glasser and all City Council members and officials to weigh these concerns carefully before allowing these businesses to invade our space,” Doebly wrote in the letter.
Doebly, who lives directly across the street from Josie Kelly’s Public House, said problems involve noise, trash, parking and light pollution.
“Three years now I have watched employees blow their car lot trash down Miller’s Lane, down Somers Avenue and onto Shore Road. I recorded their exceedingly loud music from my front door that has reached decibel levels of 78-91,” Doebly’s letter stated. “I’ve called the police, spoken to the owners, called the restaurant and begged them to turn the music down. And then there are the lights. Car lights, tent lights and now the new balcony lights. They light up our home inside and out.”
Doebly also complained about vehicles idling with their lights shining in her windows at all hours of the night.
“I’m not the only resident who has called the police or communicated to the other officials about disruptions from Josie Kelly’s and from The Point and Caroline’s By the Bay. I have come before City Council to voice concerns twice and written several times. Noise, trash, lighting, parking and people invading our private properties are concerns of all residents of the Bay Front Historic District. Why should we have to bear the brunt of handling these concerns alone?”
Johnston said outdoor dining was popular even before the pandemic forced restaurant owners to take operations outside to survive.
“We have always had some sort of outdoor dining,” Johnston said. “Obviously it works for the businesses. It’s nice to have. Any resort has outdoor dining, especially on the water.”
“We want to make sure it’s controlled and fair to everybody, that’s why we tweaked the ordinance,” Johnston said.
Valerie Furlong of Somers Avenue said she and her husband “tolerated the loud music that interfered with our conversations outside our home and even inside — our choice of music inside our home could not be really heard or appreciated properly.
“We tolerated the trash that blew across the street onto our yard. We tolerated the bright lights at night that affected our sleep. We tolerated the conversations and loudness of customers.
“We tolerated it all because we believed that when the pandemic was over, it would go back to normal. We tolerated it because we wanted to be understanding of business owners’ needs and difficulties during the pandemic.
“Now that the pandemic is hopefully over, we don’t feel it’s appropriate for the health and enjoyment of residents in a town to be required to endure these conditions and significant disturbances, nor the increase in traffic and parking on residential streets that will undoubtedly ensue. We are in opposition to the repeal and replacement of the city code.”
Councilman Sean McGuigan said outdoor dining is a common practice around the world and that the Bay Front Historic District has long been the city’s entertainment hub.
“There’s a rich history in this community, particularly in the Bay Avenue area, of dining and entertainment. … Outdoor dining … has been a rousing success during this pandemic. To ignore and not allow it to continue, I don’t think that’s the way to go,” he said. “Wherever you go in the world, there’s outdoor dining available. If you go to Paris, France, you always look for an outdoor café. Why should Somers Point be any different?”
He acknowledged “there have been some problems, as some neighbors have pointed out, but to turn our back on this opportunity … I know it’s a balance between businesses and neighborhoods. I’m aware of that as much as anyone else is, but this enhances these businesses and increases their value.”
Other steps coming
Smith said the outdoor dining ordinance is just one piece of the puzzle, noting city officials met last week to start examining the noise ordinance — discussing indoor versus outdoor music and other facets — and will follow up with changes to the parking ordinance.
“This is really just a starting place,” he said, noting the changes to the outdoor dining ordinance do not take effect until Nov. 25.
Smith noted at the meeting that the Planning Board had unanimously approved the ordinance, stating it is consistent with the city master plan and suggesting City Council address parking requirements for restaurants and bars so that outdoor seating and parking requirements “work in tandem for the benefit of the community.”
Another suggestion was deleting a paragraph that deals with uniformity of design, materials and architectural features in the area.
McGuigan made a motion to table the ordinance for further consideration, noting the deadline is months away, but it failed in a 5-2 vote. “We are going to address the parking requirements but that will come after the noise issues — outdoor music, outdoor entertainment, things of that nature,” Smith said.
By CRAIG D. SCHENCK/Sentinel staff
