Council Approves, but Public Split on RS Brew Pub Project

While public opinion was divided, most of Roaring Spring Borough Council approved of a proposed brew pub project downtown.

Council held a fact-finding public hearing on the brew pub project on Feb. 19. The consensus among councilmembers at the end of the hearing was to permit the plans for the brew pub to continue.

The main concern of those members of the public who opposed the brew pub at the public hearing was the serving of alcohol.

"I'm one who oversees the spiritual aspect of people ... I love this area. I love this community," said Pastor Charles Brubaker of Roaring Spring, the first to speak at the public hearing. "I'm for a coffee shop but nothing alcoholic. I stand totally against it."

Dottie Dilling of Roaring Spring also spoke at the hearing and agreed that a coffee shop is needed and would be good for the area but without the alcohol.

Sharon Ray of Roaring Spring said that she wants to hold true to the ideas of the Founding Fathers in keeping alcohol out of the town.

Three other residents also spoke against the idea of the brew pub and the serving of alcohol.

Approval

Those who spoke in favor of the brew pub business had several different reasons for their approval.

Jim Butler, a resident of Roaring Spring, said that he voted for the May 2019 referendum allowing alcohol to be sold in the borough. He agreed that the area needs revitalizing and believes that one business could lead to more.

"I'm encouraged by the things that I hear about trying to bring back something to that part of town," Butler said.

Robert Berkheimer of Roaring Spring, a 32-year-old self-proclaimed "generational Covite," spoke for several minutes about the need for growth and improvement in the area to keep people from moving away. He spoke of the Founding Fathers' vision and the idea of building on those ideas to keep the area current and relevant.

"Do you want dilapidated buildings or do you want aspiring entrepreneurs?" Berkheimer asked.

He spoke of his own local business and the lack of community support for it. He addressed the need for inclusion of the younger generations and the need to give them a sense of pride in their hometown as a place they would consider staying in and investing in.

"Times have changed. This town is going to change," Berkheimer said. "We can be active, keep up with it, direct it responsibly – which, I think, the Noels are doing a fantastic job of."

"I am in support of this. To me, it's hope," Berkheimer said in closing his comments at the hearing.

LuAnn Mock, who lives behind the proposed brew pub site, stated her approval. The existing deteriorating buildings, the garbage, junk, noise and rodents were a few reasons for her approval of the project, she said.

"Noise? We listen to the mill, so music would be a better thing," Mock said.

The meeting

Following the public comment part of the hearing Feb. 19, Roaring Spring Borough Council met behind closed doors to discuss the matter and in the end, took a step toward permitting a brewery and pub downtown.

The formal request is for council to grant a conditional use permit for a building to be used as a brew pub. A brew pub brews beer on site and sells it for consumption on-site and for take-out. Brew pubs are also permitted to sell beer and wine made elsewhere in Pennsylvania.

Borough solicitor Larry Lashinsky led the hearing which was a fact-finding hearing as part of a zoning decision by council. More than 20 people were in the audience, making the council meeting room standing room only.

Attorney Matthew P. Gieg, of Gieg Law Offices LLC., Altoona, represented the owners and members of Spring Dam Brewery Company, LLC, which wants to locate the brew pub at 269 Main St.

Dane M. Noel, of Mountain Avenue, Altoona, acted as spokesperson for the owners of the proposed brew pub. Other co-owners present at the hearing were Lisa Noel, Anita Baker and Michael Keith.

Jonell Snider, court reporter, was recording the hearing for official transcripts. Anyone who intended to testify or speak facts or opinions about the matter was required to be sworn in.

In accordance with Pa. conflict of interest laws, council members Kayla Noel and Dane Noel, family members of the applicant, were present but were not permitted to be involved in the deliberations and will not participate in the decision.

Gieg and Noel presented preliminary plans for the proposed business to council and those members of the public who were present at the hearing..

Members of council who were gathering information to vote on the conditional use request had several questions. Parking was a major issue discussed as the area is already congested.

Safety was also a concern, with the crumbling retaining wall leading out to State Route 36 being an issue.

Environmental impact, noise, increased policing of the area, Pa. Liquor Control Board compliance and hours of operation were some of the issues of concern discussed.

All questions asked by council of Noel and Gieg were answered directly and concisely.

Attorney Gieg stated that the sale and closing of the property at 261 Main St. has not yet occurred, but it is the subject of a binding agreement of sale.

The building next door to the location of the proposed brew pub, 261 Main St., was deemed to be uninhabitable by the borough's engineer and federal funding was sought for its demolition. The property is being purchased by the owners of the Spring Dam Brewery Company with the intention of razing the building and using the space for parking.

Once the sale of 261 Main Street is complete and proper paperwork is done, demolition will occur, said Gieg.

Along with alleviating the cost of demolition to the borough and ridding the area of an eyesore, Noel said that the lot could provide up to 20 additional off-street parking spaces for the proposed brew pub.

'Conditional Use'

Solicitor Lashinsky made it clear that this was an application for the conditional use of a property and not a request for spot zoning.

Under the borough's conditional use provisions, it is stated that, "No establishment shall be located within 150 feet of a residence, place of education, a daycare center or a place of worship."

The conditional use request was not related to the brewing or selling of alcohol.

According to the Supreme Court of Pennsylvania, the definition of spot zoning is the singling out of one lot or a small area for different treatment from that accorded to similar surrounding land indistinguishable from it in character, for the economic benefit of the owner of that lot or to his economic detriment.

The property at 269 Main St. is zoned as C1 Central Business District. Zoning Ordinance 2029-12 requires a conditional use approval because of the 150-foot rule.

Standards must be met by the applicant in order for council to approve the conditional use request.

Council's obligation is to hear the evidence and if it is consistant with general standards, then council's obligation is to approve the conditional use.

Council is permitted to put conditions on its approval in accordance with its general standards compliance.

Brew Pub Would Also Offer Coffee, Appetizers

Brew Pub owner Dane Noel has explained his proposed business and how he considers it a positive for the community in his proposal to RS council.

According to a statement attached to the zoning application, Noel states that his vision is for a brew pub as a social gathering place. The goal is to create an enjoyable space to meet with friends in the borough.

The idea for a coffee shop is also explained. It would be a local shop with local employees serving products made with local ingredients.

According to Noel, coffees, homemade sodas, beers brewed on sight, along with locally produced wine and beer will be available. A small menu of light food will also be available.

The brew pub would create up to 10 new jobs. Employees would be certified in the Responsible Alcohol Management Program (RAMP), a program administered through the PLCB. PLCB requires that 50 percent of alcohol-serving employees be certified.

The brewing process would generate several hundred pounds of grain weekly and the spent grain would be made available to local farmers at no cost, Noel said.

The renovation of the building at 269 Main Street will maintain its nostalgic look. Lighting around the building will be improved.

The laws of the state, county and borough will be followed over and above requirements, according to Noel.

"We've gone above and beyond so far, as far as I'm concerned," Noel said.

"We want to be an asset to the community, not a nuisance. We will take every measure necessary to make sure that is the case," Noel said.

The Outcome

After a public hearing that lasted about two hours, Roaring Spring Borough Council members held a closed-door meeting to deliberate the request for the conditional use permit, which would permit Spring Dam Brewing Co., LLC, to establish a brew pub at 269 Main St.

After about half an hour of deliberations, council emerged from the meeting and instructed Solicitor Lashinsky to prepare written findings for council's approval at council's March meeting.

The document prepared by Lashinsky would permit a conditional use of the property of the brew pub, if approved by a vote of council at the March meeting. A conditional use means that council can allow a certain use of a property but can place conditions on it.

Council's approval of conditional use would be granted based upon the following conditions:

1) All statutes and ordinances must be complied with including but not limited to Pa. Liquor Control Board (PLCB) law and regulations, the Roaring Spring Planning Code and the Roaring Spring zoning codes

2) Ownership of the adjacent lot and demolition of the building must occur for parking requirements before occupancy of the brew pub building can occur.

3) Rights under the decision are not transferable to another party until occupancy occurs and only with council's approval.

4) Spring Dam Brewing, LLC, has one year to complete the project with direction of Council to extend in increments up to one additional year upon request.

5) Approval of any outdoor activities associated with the brewery would be approved by a separate written request and hearing by council.

6) Appropriate buffering as may be revealed by more detailed plans could be required at the discretion of council.

7) Council would waive the 150-foot requirement under the ordinance in which businesses should be located 150 feet from residential properties.

The vote for approval of the conditional use will be held at council's March meeting.