Dogfish patio application approved by ABCC

It came after an hour’s worth of public tongue-lashing from annoyed neighbors, but Dogfish Head has been granted permission to serve alcohol on its soon-to-be open patio in downtown Rehoboth.

Alcoholic Beverage Control Commissioner John Cordrey’s approval during a hearing May 14 in Georgetown marks the final hurdle for the company to bring its three-year, three-phase, multi-million dollar project to fruition.

The first phase of expansion for Dogfish Head was establishing restaurant Chesapeake and Maine in March 2016. The second phase expanded the brewpub Dogfish Head Brewings and Eats, opening in May 2017. The third phase includes a 750-square-foot patio, a waiting area that connects the eating establishments, a new brewhouse, research and development distillery, and merchandise store.

Prior to Cordrey’s decision, property owners from the neighborhood immediately south of Dogfish complained of excess noise and vibrations from the new brewpub since it opened last year.

After complaining about not being able to open the windows to his property, Russell Keys said, “Our lives have been turned upside down.”

Keys said he occasionally rents his unit and has lost $1,200 worth of rental income because of the noise coming from Dogfish’s new music venue.

Peggy Love, a member of the Scarborough Village council, said the community council receives noise complaints frequently. She said it appears the smokestacks from the new restaurants are leaving black soot on neighboring properties.

“The noise will only get worse if the permit is granted,” Love said.

Shauna Barnes, Dogfish in-house counsel, said in an effort to address noise complaints, Dogfish has recently erected a cement block wall on the outside of the building behind the stage and put up partitions by the restaurant’s smokestack to push the smoke higher into the air.

Despite repeated claims of excess noise by the property owners, Barnes said there are no noise complaints on record with the city of Rehoboth.

Some neighbors were concerned Dogfish would allow alcohol consumption on the entirety of the open space between Chesapeake and Maine and Brewings and Eats.

Barnes argued Dogfish staff will not allow that, and the knee-wall surrounding the patio had an angle on top so drinks couldn’t be set on the wall.

At the meeting, Cordrey explained Dogfish had to submit an application because it was moving its patio from its original location on the property to a new location. Afterward, he said most of the complaints heard that evening were against the existing structures.

In a follow-up conversation May 16, Cordrey explained his decision granted Dogfish the right for customers to buy and consume alcohol on the patio, but it also granted the business the right to sell alcohol for retail in its merchandise store.

Cordrey said if Dogfish wanted to expand the size of the patio, it would first have to get approval from the city because 750 square feet is the current maximum size for a patio in Rehoboth.