By JAN LARSON McLAUGHLIN
BG Independent News
Noise and zoning complaints have pitted neighbors against a local beer brewery.
Some residents object to outdoor bands at the brewery disrupting the peace on their properties. The owner of the brewery would like to provide music outdoors for customers, such as a jazz faculty night, while monitoring the noise levels.
And city officials are trying to find a way that neighbors and the business can peacefully co-exist.
Last week, two neighbors of Arlyn’s Good Beer, at 520 Hankey Ave., voiced their concerns to Bowling Green City Council.
Emily Dunipace, who lives on West Wooster Street, said the business is in violation of city zoning laws.
“Arlyn’s Good Beer is a bar, and that’s not permitted in M-1 zoning,” Dunipace said.
The city’s unequal enforcement of zoning laws shows preferential treatment to the business, she said. Others would be cited or shut down, she said, but “the city of Bowling Green is looking the other way.”
“I’m asking you to enforce the laws equally and equitably,” Dunipace said, citing what she sees as unethical actions by city officials.
Bowling Green City Council President Mark Hollenbaugh responded.
“I have not behaved unethically,” he said. “No one receives preferential treatment by the city.”
Hollenbaugh asked Municipal Administrator Lori Tretter to report back to council on the issue.
After the meeting, Tretter explained that Arlyn’s Good Beer is not in violation of zoning laws. The business is a brewery which meets the M-1 light manufacturing zoning.
More concerns were voiced during the council meeting by Brian Craft, who lives on South Maple Street. He asked that peace be restored to the neighborhood.
“This is disrupting the peace and tranquility of residential properties which is protected under city ordinance. I just want the law enforced,” Craft said.
“When their patrons have had enough of the music, food and drinks, they can leave,” he said. “But our neighborhood gets to keep listening to the perpetual music for three hours at least three days a week.”
The music is not a necessity to brew, sell or taste beer, he said.
“Any more than Kroger’s or Campus Polleyes having loud outdoor music while selling groceries and breadsticks. No one would think that should be allowed, right?” Craft said.
The city’s noise control language states noise pollution is acoustic energy that causes a nuisance or interferes with domestic tranquility – the comfortable enjoyment of life and property.
“The city website is full of laws and ordinances dealing with city operations. The ‘Good Neighbor’ guide says ‘Be considerate of your neighbors.’ Is that just meant for the college kids on the east side of town?” Craft asked.
At the request of city officials, Arlyn’s Good Beer moved its music indoors for the past year. But managing partner Eric Jones sent out a letter to neighbors last month that outdoor music will be returning.
“As good neighbors, we would like to share with you our plans for the summer,” the letter stated.
“Last year, because of the concerns expressed by a handful of neighbors, we tried to keep the music indoors,” Jones wrote. “That did not work out well for our business, for our customers, or for the musicians.”
“We have spent considerable time to determine how we both can host music outdoors and also be considerate of the sentiments of all of our neighbors. We believe that we have developed a plan that properly considers the rights of all parties involved,” the letter continued.
“We intend to be considerate of our neighbors. Some neighbors have already come to talk with us. Those conversations have shaped our plans for music this summer,” Jones wrote. “The fact is that many of our customers, who are looking forward to outdoor music, are also our neighbors.”
Jones explained that the weekday music hours were limited after talking with one neighbor who has small children.
Efforts are made to keep the music below 80 decibels, which is the limit set in the city’s noise ordinance, Jones said.
“We have never even approached that volume, let alone exceeded that 80dbl limit in the past and we will not this year,” he said. Police have responded to complaints and have found the noise level acceptable, Jones said.
“We have not been cited for anything.”
Craft objected to Jones’ letter asking neighbors to not call the police. Jones said that is a mischaracterization. The letter stated, “We hope that neighbors who may have questions, concerns, or complaints will call us or come see us rather than call the police or the city administration.”
“I don’t mind if people call the police. I just don’t think it’s very productive,” Jones said. “Let’s try to work this out.”
As in the past, volume levels will be monitored when setting up for the performances and multiple times during performances. Volume will be monitored at the lot line, on South Maple Street, and at points on Wooster Street. For 2022, written records of volume levels will be maintained, Jones added.
In fair weather, music will be hosted on Wednesdays from 6 to 9 p.m., Saturdays and some Fridays from 7:30 to 10:30 p.m.
As for the zoning classification, Jones said the brewery meets requirements.
“We only sell our own product,” he said.
The brewery, in its third year, sometimes hosts food trucks for customers, who can also grill their own food there, bring food from home, or order food to be delivered. There is space for kids to play.
“People really like it. They love the place,” Jones said, adding patrons hold gatherings at the brewery for retirements or rehearsal dinners. “People like to have events here.”
City officials have listened to both sides of the conflict.
“This certainly is a challenging matter, and we can see all sides of it,” Tretter said. “We really are very sensitive to what neighbors are talking about.” And city officials have met with Jones about the noise complaints.
“The city has tried to encourage neighborhood cohesiveness over there,” Tretter said.
But city officials will have to take action if problems persist, she said.
At the same time, the city is undergoing a major zoning code update. Planning and zoning consultants have consistently told the city that it needs a new “neighborhood commercial” zoning classification to help energize neighborhoods.
Mayor Mike Aspacher said residents should be able to enjoy being outside at their homes without noise from a neighboring business.
“To be neighborhood commercial zoning, you need to be a good neighbor,” he said.
“We relayed to them our support of their business model,” Aspacher said. “But I don’t support a business model that is disruptive to the neighborhood. I do think there is a way we can do both.”
Aspacher and Tretter noted that many neighbors support the brewery’s business concept – and the city has listened to those who don’t.
“I’m bothered by the notion that we’re not being sensitive to their needs,” the mayor said. “I’m disappointed it got to this point.”
The update of the city’s zoning code will be discussed June 1, at 7 p.m., in the Simpson Garden Building.
