HomeMy WebLinkAboutLL-1994 #26 LOCAL LAW NO. 2fi . 1994
A Local La~v in Relation to Wineries
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I Chapter 100 (Zoning) of the Code of'the Town of Southold ·
is hereby amended as follows:
INTENT: ]'he wi_n~inAuitrv ha.~ beeaxT~_i_mlzo_agmLcomponent: not oak, of the
agricultur~l ~mmunity. but the To_w_nXtourist indust_rv~_[_n recognition oithe wiae~'s
ability to contribule to the tou_fi~Lmdustry~Lh=2£omn is clea[rl~Ldefini_no_g~a windy, addin~
sails of wine-relaLed4zmduc~_n accesso_.r~uae_an_d allowing fctmoutdoor for-pm_fiX
~exts under
I. Section [00-3 lA(4) is hereby added, to read as {bllows:
L4) 5Vineries
6~ ~all be aplace or premises_~aav_h_ic.h_j,m_'_ne__rn~d¢ fmm_pnmar_i[g_Lo_n_g
h{~md__g_rapesj~.u_ro_du_ced and sold; aM
~J~ shall bem_n_a pmrmLon w_hich at least ten (10) acrmare_de_Vmled_lo_
vineyarx122rmthcr agricuJlural purposes, and which is ovm~:Lky the
:~aiaeo, owner; and_
60 I_he winew s~Lructurexxkal_lAazset back~_mi_rfimum of one hundred (1
feet
~ shall obti(n site plan approval.
2. Section 100-3 lB(13) is hereby deleted in its entirety:
(I 3) P&;cr:,c~duct:.oi'~.nd ~a!c oi~5ne-produccd fi om gr.-cea primarily
3. Section 100-3 lB(14) and (15) are hereby changed to (13) and (14) respectively:
4. Section [00-3 IC(I l) is add~_ to read as £o[[ows:
(_LD 55Tn~ri_es m. _Ty_h~_,~;La_aacc~.x~r~_s_hop on the premises which m _a&$ell
keaa~accesso_~ry_IO_ ~_¼_ne. such as cor~,a~x._~a~_n~m.se~xle~anXer~jtem~
fx~r_the sCorag_e ~ad dis,mlIaz_~£~iae._book.sm!L~nmmakin~
n~m~p~i_fixjiems_hmring~d~e ins~i~t~t-_th~zi_nery Winerk~n_ay
cDx~!~£cJztL~t~cJb~.n as ama. cc~sso~mme2ut_may hav~z~-~x~mmercia!
· . ~icben l~p.!ivat, eo. me by the
5. Section 100-30A 2A(I) is amended to read as f'ollows:
(1) Same as Sex:tion 100-31AoftheAgricultural-Conservat~on Distfict~xce, Ct
l~kal~z~_o_edes are_excluded.
6. Section' i00-42B¢) is deleted as follows}
7. Section 100-61A(I) is hereby amended to read as follows:
(1) Any permitted use set fo[xh in and ~ regul~ by Section 100-3 lA of the
Agriculturai-Consemation District m~cegt thae winefie~ exc!u_~&
8. Section 100-7lB(6) is hereby deleted as follows:
(6)
9. Section 100-71B(7) ~s hereby changed to (6).
10. Section 100-8lA is hereby amended to r~d as follows:
A. Pe~kted uses.
(l) Any permitted use ~ set foah ia and regulated by Section 100-3 IA of
d~e Agficultur~-Conse~ation District ex,pt Mnedm~_which shall
set forth
(2) The ibllowing uses are permitted uses su~ect to the ~ite pl~ approval by
the Planning Board:
O) Retail busirmsses complementa~ to the rural aad historic character of
the surrounding are~ limked to the folloMng:
[1] ~tique, am and craa shops aad galleries,
[2] Custom workshops and machine shops
[3] Wholesale or retail sale and accesso~ storable and display of
garden materials and plants, including nurse~7 operations,
provided that the outdoor storage or display of plants and
materials does not obstruct pedestrian flow or vehicular traffic
and does not occur w[ttfin th;-ee (3) fee~ of the prope~y line.
[4] Libraries or museums.
(b) Professional and business offices.
(c) Funeral homes.
(d) Restaurants, except drive-in restaurants.
(e) Personal service stores and shops, including barbershops, beauty
parlors, professional studios and travel agencies.
(~) Repair shops fbr household, business or personal appliances,
including cabinet shgps, carpenter shops, electrical shops, plmnbing
shops, fi~rnimre repair shops and bicycle and motor%~c[e shops,
landscaping and other- seN,ice businesses.
(g) Wholesale and warehousing.
(h) Ret~l uses supplement~ to the sewice business establishment.
~ ~inefies which mee~h~!o~5~g st~d~ds:
~ ~ha~_b_~m~eos~e~_York Statel~fmm
ik~ich ~ne made from pfim~l~Long Islan~rapes is produc~
[2] ~h~l[ obtaia~te plan a~~
1 ]. Section 100-gIB(l) is hereby amended to read as tbllows:
(l) ~y speci~ exception use ~ set tb~h in and regulated by Section 100-3 lB
of the Agricultural-Co nse~atio n. D~stdct, ~,~ ........ .,a"--~,~, ,~o ........ ~, ~ ,,~ ,. r~
12. Section 100-81C(1) is hereby amend~ to read as follows: '
(l) ~ty a~esso~ use as set Forth in ami regulated by Section 100-31C(I )
through (8) [a~ of the Agdcultural-Co~e~arion District, ~d subject to
the conditions set fo~h in Section 100-33 thereoE
13. Section 100-918(10) is hereby deleted as follows:
14 Section iO0-101A(1 l) is hereby Jtdgl~d to re~d as follows:
CL1A _X~i_n~r~ w!~ieh ~Lthe followi~tandards:
~ shall_/~a~an winely licea~uo~ew York ~te law fro~
~ made fromprLmafily ~ Island
~ Zh~ obtain site pltm~rovaL and
(1) AccessoU, uses set foNh in and as regulated by Section 100-3 Ir(1) through
(8) and (11) of the Agricukural-Consemation District, su~iect to the
conditions set fo~h in Section 100-33 thereo[
16. Section 100-13 l A(6) is hereby ~ to read as follows:
~ ~Saefiea ~s regulated ~8¢mion 1Q~dOlA(I 1).
17. Section 100d31B(14) is hereby deleted as follows:
18. Section 100- t 41A(3) is hereby a~ as follows:
(3A ~Sa~a~ulated~y Section 100-IOIA(I 1).
19. Section 100-141B(3) is hereby delet~ ~ follows:
(~ ~crlc3.
20. Section I00-274G (Fees) is hereby add. to read as follows:
~ F_a~oplication¢~¢ublig eme~ainment a[&~vents 9~m~its. the fee
11. This Local Law shall take effect upon its filing with the SecretaD, of State.
* Strikethrough indicate.~ deletion.
** Underline indicates addition.
MUNICIPALITY
NYS DEPARTHEHT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DATE: 1/17/95
Local Law Acknowledgment
Judith T. Terry, Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
L
DOS-~36 (Rev. 6/90)
Town of Southold
LOCAL LAW(S) NO. YEAR FILINB DATE
26 i994 12/05/94
--I
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms will be
forwarded upon request_
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
.¢xYx of ..... _S_.o__u_t__h__o_[_d_ .......................................................................
Town
Local Law No ..... .2.6_ ............................. of the year 19---9-~-
A local law ._._i..n._.R_.e_.(a_t.!.o..n._.t..o...W..i.n..e..r)._e_s_ .................................................................... :.
Town
Board
Be It enacted by the ofthe
~tt~ .e Southold
Town ............................................................................................ as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold
ts hereby amended as follows:
INTENT: The wine industry has keken an important component, not only of the
agricul.tural community_.but th.e_T_oWn's to~urist industry. In reco~nition~fth_e winery's
ability to contribute to the tourist industaT, the Town is clearly definina a wine_~y_~kdxJ}~
sales of wine-related products as an ac.&essory use and allowing for outdoor for-profit
events under certain conditions_
1. Section 100-31A(4) is hereby added to read as follows:
(4) Win reri~ which meet the following stan_dards~
shall_be a~rnises on which wine made from_primarily Long
~ grapes ks produced and solld; and
shall be on_ a parcel on which_at least ten (10) acres_ake_d_evotedJ~
vineyard_or other_agr~u rural pu~ which is_oxvned_by th~
winery owner; an~
winery structures shall be_s.et back a minimum of o.n_e&undr_ezl (I00).
f2:t from a major rQad; anxl_
(5t) aka, Il ob~in, isLte_pJxTn~pprov~
(If additional space Is needed, attach pages the sam,' size ns this sheet, and number each.)
............ (1)
2. Section 100-3 lB(13) is hereby deleted in its entirety:
(13) V¢i ' - .~_.~ ~^Ac -
~es fo r-t-l:te-~prx~luwao .......a .... wmcv-~^'~ ......... .... ,~ c~g~capes_pr~maniy- '
g owr~n-t-hewmeyards-on ............. ' ':-~- ' '~
3. Section 100-31B(I 4) and (15) are hereby changed to (l 3) and ~ 14) respectively:
4_ Section t00-3 lC(1 I) is addg_d_ to read as follows:
{11) Wineries may h_my_e an ~ry gift shop on the4~remis~s which may~$ell
ihems ~ry to wine. suctLas corkscrews wineglass~
_for the_storagc,_and idislgW of wine,books on winemaking and the rA~ghon an~l_
aons[~e~cific items bearia~ the insi ngnia of the wine~. Winerieos may no~
c~ommercial kiLc~h~n accesso~ us_~_b_ut may have_a non-c~m~nercia!
- kiLcJ~_en facility_of r p~Le_tmc-~ghe emplo_'Lex~
5. Section I00-30A.2A(1) [-s amended to read as follows:
(1) Same as Section 100-3 IA of the Agricultural-Conservation District xe, xc_~_p_t
tkat wineries are_exclude_c[.
6. Section' I00-42B(4) is deleted as foltows:
(4) W4 ~ ed es~as-seO-fo r44 ~a~ d
rcgu
Agr-ieut t~ r~tq2-on s ers~a-t~on District
7. Section 100-6IA(I) is hereby amended to read as follows:
(I) Any permitted use set forth in and as regulated by Section I00-3 lA of the
AgrlculturaI-Conserwation District x~x~7~pt that wineries are_excludcA~
8. Section 100-71B(6) is hereby deleted as follows:
(6) Vq4ner~es~_
9. Section I00-71B(7) is hereby changed to (6).
10. Section 100-8 lA is hereby amended to read as follows:
A. Permitted uses.
(1) Any permitted use as set forth in and regutated by Section I00-3 lA of
the Agricultural-Conservation District .except winerim, which shall_be as
set fozth below:
26-1
(2) The following uses are permitted uses subject to the site plan approval by
the Planning Board:
(a) Retail businesses complementary to the rural and historic character of
the surrounding area: limited to the following:
[t] Antique, art.and craft shops and galleries.
[2] Custom workshops and machine shops.
Wholesale or retail sale and accessory storage and display of
garden materials and plants, including nursery operations,
provided that the outdoor storage or display of plants and
materials does not obstruct pedestrian flow or vehicular traffi
and does not occur within three (3) feet of the property line.
[4] Libraries or museums.
(b) Professional and business offices_
(c) Funeral homes.
(d) Restaurants, except drive-in restaurants.
(e) Personal service stores and shops, including barbershop_s, beauty
parlors, professional studios and travel agencies._
(f)
Repair shops for household, business or personai appliances,
including cabinet shops, carpenter shops, electrical shops, plumbing
shops, furniture repair shops and bicycle and motorcycle shops,
landscaping and other service businesses.
(g) Wholesale and warehousing.
(h) Retail uses supplemental to the service business establishment.
i(j2 Wia~eries which meet bhhe folLowing_standards:
[_L] shalLb_e_affam~j~_elyA_i_c~usml_uncLer New York~Slahe_[aw from
which wine made from primarily Long Island rgrapes is pro4uced
~d solA2M
26-2
[2~ shaIl_~z~n site4:~I n app_Loval~_a_oA
~'¢,t ,sjzalt have retail sale~L on
I 1. Semion 100-81B(1) is hereby amended to read as follows:
(1) ~y sp~ial ex~ption use as set fo~h in and regulat~ by Section 100-3 lB
of the Agfi~ltural-Consemat{on District, e~ w~nefi~re ~ rcquir~ to
I2. Section 100-81C(1) is hereby amended to r~d as follows:"
(1) ~y accesso~ use as set fo~h in and regulated by Section 100-3 [C(1)
through (8) ~1 t) of the Agfieultural-Conse~ation District, and subject to
the conditions set fo~h {n Section 100-33 thereoE
3_ Secfio~ 100~91B(10) is hereby deleted as follows:
(40) W~er~.
14. Section IO0-101A(I I) is hereby~ to read as follows:
(] !~ ~h~whi~t the~ollowing standards:
~ ~ha[~e a~win~ li~under New York S~-w kom whi~
wine mad~rimarjly Long Is[~gra~ is p~uced an~:~
~ ~all O~lan a~val.~
(~ s~ll l~m~on~
15_ Sec6on 100-101C(1) is hereby amended to'read as follows:
(1) Accesso~ uses se~ fo~h in and as regulated by Section 100-31C(1) through
(8) ~I 1) or,he Agdcukural_Conse~ation District, subject to
conditions se~ fo~h in Section I00-33 thereo[
16. Section 100-13 IA(6) is hereby ~ to read as follows:
~ ~~y S~ 100-101A(!~
17. Section 100- l 31B(14) is hereby deleted as follows:
26-3
t 8. Section 100-141A(3) is hereby axial.eli as follows:
L3D_ YV'ineries_as regulatex:lJ)_y~ction 100-101A(I 1 .L
19_ Section 100-14 lB(3) is hereby deleted as follows:
(G) ~vV4 neries.
20. Section 100-274G (Fees) is hereby added_to read as follows:
Ca_ Forx~.p4~tications for public cntertainme_at and spe_c~nts permits, h~
h ~skal_.'_.'_.'_~ fifty_dx~ars ($50.00),
This Local Law shaU take effect upon its filing with the Secretary of State.
* Strikethrough indicalcs deletion.
** Underline indicates addition.
26-4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which Is .not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ............... _2_6_ .................. of t9-??---
o f+h(? n(~B~_ ,~i~S){Town)(~tk~) of .... .S_:o...u.t_.h._o.[_d_ ............................................... .was duty passed by the
............... 9-a--r--Cl- ......................... on .... .N__o_,_.....2.9__ 19 ..97_, in accordance with the applicable provisions of law.
(Name of Leg~latlve Body)
!2. ('Passage by local legislative body with approval, no disapproval or repassage atler disapproval
by the Elective Chief Executive Officer*.)
[I hereby certify that the local law annexed hereto, designated as local taw No .................................... of 19 ......
iof the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 -.- and was (approved)(not approved)(repassed after
:disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
in!accordance with the applicable provisions of law.
i3. (Final adoption by referendum.)
~I h~ereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
iot~the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(N~rne of LegiMadve Body)
disapproval) by the- ................................................ on ................... 19 ..... Such local law was submitted
(Elective Chief Executive Officer*)
to ~the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
~h6 qualified electom voting thereon at the (general)(special)(annual) election held on .................. 19---. , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was Fried requesting
referend urn.)
[ h~reby certify that the local law annexed hereto, designated as local law No ................ ~'__:. ................ of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Narhe of Leglslative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief Executive Officer*}
per,missive referendum and no valid petition requesting such referendum was filed as of .................. 19---. , in
accordance with the applicable provisions of taw.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis orr if there be none, the chairperson of the county legislative body~ the mayor of a city or village, or
!the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
[ hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote'of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph .... J_ ...... , above.
Clerk of ~"County legislative body, City, Town or Villag~lerk
or officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal) Date: December 1, 1994
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
corn, rr~oF: SUFFOLK
I, the undersigned, hereby certify that the foregoing l~cal law contains the correct text and that all proper proceedings
have been had or iaken for the enactment of tl~e local l~w annexed hereto7-'-'-~
Signature ~
Laury L.Dowd, Town Attorney
Title
Date:
Southold
December 1, 1994
(3)
IN THE
MATTER
OF
PUBLIC HEARING
SOUTHOLD TOWN BOARD
NOVEMBER 29, 1994
5:00 P.M
A PROPOSED "LOCAL LAW IN
RELATION TO
WINERIES'".
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J- Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, .Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd,
SUPERVISOR WICKHAM: The first public hearing for this evening is on a
"Local Law in Relation to Wineries".
COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, on the 18th day of
October, 1994, a Local law entitled, "A Local Law in Relation to
Wineries" . Notice is further given that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the
Southold Town Hall, Main Road, Sotuhold, New York, on the 29th day
of November. 1994. at 5:00 P.M., at which time all interested persons will
'be heard. This proposed Local Law in Relation to Wineries" reads as
follows"
BE IT ENACTED, by the Town .Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold
is hereby amended as follows:
INTENT: The wine industry has been an important component, not only of.
the agricultural community, but the Town's tourist industry. In
recornitlon of the winery~s ability to contribute to the tourist industry,
the Town is clearly defining a winery, adding sales of wine-related products
as an accessory use and allowing for outdoor-for-profit events under certain
conditions.
l. Section 100-3 lA(4) is here_by added to read as follows:
Wineries which meet the following standards:
shall be a place or premises on which wine made from primarily Long
I~Iand grapes is produced and sold: and
Pg.2 - PH LL
(bi_ shall be on a parcel on which at least ten (I0) acres are devoted to_
vineyard or other agricultural purposes, and which is owned by the
winery, owner; and
fY0. the winery, structure shall be set back a minimum of one hundred (100)
~i_t'rom ~ major road: and
fxt)_ shall obtain site plan approval
2. Section 100-3 lB(13) is hereby deleted in its entirety:
(13) '":"~:~ ~-
3. Section 100-3 lB(14) and (I5) are hereby changed to (13) and (14) respectively:
q. Sectior, 100-31C(1 I) is tdded to read as follows:
f]I~l Wineries. may have an accessory_ gift shgp on the premises which may sell
ite~ns accesso~ to wine such as corkscrews wineglasses_ decanters, items
for the storagg; and displag of wine books on winemaking2md~[he region
nonspecific items bearing the insignia oL'the winery. Wineries may not have a
commercial kitchen as an accessory use. but may have :tn~on-commercial
· . k2t'~hen fi~cility For pri:~,ate ose hy the~xn~loye~
5. Section 100-30A.2A(1) is amended to read as f'ollowsz
(1) Same as Section 100-3 lA of the Agricultural-Conservation District except
that wineries are excluded
6. Section' I00-42B(4) is deleted as follows:
(4) VCiue~es~as-setnCor-t4t~anc~u~a-ted-by Scctiern-l-00 3-hB{43~o£44~e
Agrqeutt-u ~aCC~:~t~ s e r~ade ~r Dis met
7. Section 100-6IA(l) is hereby amended to read as follows;
(I) Any permitted use set forth in and as regulated by Section 100-3 IA o£rhe
Agricultural-Conservation District except that wineries are excluded~
8. Sectioa 100-71B(6) is hereby deleted as follows:
(6)
-Pg.3 - PH LL
9. Section 100-71B(7) is hereby changed to (6).
10. Section 100-8 lA is hereby amended to read as follows:
A. Permitted uses
(I) Any permitted use as set forth in and regulated by Section I00-3 lA of
the Agricultural-Conservation District except wineries, which shall be as
~et forth below:
(2) The following uses are permitted uses subject to the site plan approval by
the Planning Board:
(a) Retail businesses complementary to the rural and historic character of
the surrounding area, limited to the following:
[1] Antique, art and craft shops and galleries.
[2] Custom workshops and machine shops.
[3] Wholesale or retail sale and accessory storage and display of
garden materials and plants, including nursery operations,
provided that the outdoor storage or display of plants and
materials does not obstruct pedestrian flow or vehicular trat'fic
and does not occur within three (3) feet of the i)roperry line
[4] Libraries or museums.
(b) Professional and business offices.
(c) Funeral homes.
(d) Restaurants, except drive-in restaurma,s.
(e) Personal service scores and shops, including barbershops, beauty
parlors, professional studios and travel agencies..
(0 Repair shops for household, business or personal' appliances,
including cabinet shops, carpenter shops, electrical shops, plumbing
shops, furniture repair shops and bicycle and motorcycle sbops,
landscaping and other service businesses.
pg.u, - PH LL
(g) Wholesale and warehousing.
(h) Retail uses supplemental tO the service business establishment.
~ Wineries which meet th~mmf llowing st n~dards:
[_Ij shall~¥Jae~ li.cens~edmader New York SlaI~oA~' from
which wine made flora pfima~ Long Island grap~s produced
and sold. and
[2] shall obtain site plan approval_ and
~ ~all have ~
11. Section 100-8IB(1) is hereby amended to read as follows:
(l) ~y special ex~ption use as set foffh in and regulat~ by Section 100-3 lB
of the Agricultural-Conse~ation District, ex~ winc~c~ arc not required
~ in connection w~5'ard.
12. S~tion 100-81C(1) is'hereby amended ro read as follows:"
(1) ~y ac~sso~ use as set forth i:~ and regulated by Section 100-3 lC(1)
through (8) and (11) 0fthe Agricultural-Conse~arion District, and subject to
the conditions set fo~h in Section I00-33 thereof
13. Section I00~91B(IO) is hereby deleted as ibllows:
14. Section IO0-IOIA(11) is hereby ~dedto r~d as ffollows:
(I I) ~neries which meet the following st~ards:
~ shall be a Farm wine~ l~censed un,New York Si~~ whi~
wioe made from ~arily~~pes i~roduced and sold:- and
~ ~dl obt~qite plan a~oval.~
Pg.5 - PH LL
15. Section 100-10IC(l) is hereby amer~ded to read as follows:
(I) Accessory uses set forth in and as regulated by Section 100-3 lC(l) through
(8) and (1 I) of the Agricultural-Conservation District, subject to the
conditions set for[13 in Section 100-33 'thereof.
16. Section 100-.131A(6) is hereby added to read as follo~vs:
6~ W{!~edes as regulated by Section 100-101A(I 1).
17. Section 100-131B(14) is hereby deleted as follows:
18. Section 100-141A(3) is hereby added as follows:
~ Wineries as regulated by Section 100-10~LA(1
19. Section 100-14IB(3) is hereby deleted as Follows:
20. Section 100-274G (Fees) is hereby added to read as follows:
~_ ~pIications for public entertainment an sxLs4zecial e~ts permits, the f~e_
,shall be fifl. y dollars ($50,00~L
II. This Local Law shall take effect upon the filing with the Secretary of
State.
* Strikethrough indicates deletion.
** Underline indicates addition.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: November 1, 1994.
Judith T. Terry, Southold Town Clerk." I have affidavits that this was
published in The Suffolk Times, and The Traveler-Watchman, and that it's
be posted on the Town Clerk's Bulletin Board. I have a correspondence
from the Suffolk County Department of Planning. Gentlemen; Pursuant to the
requirements of Section A 1Lt-l~ to 23 of the Suffolk County Administrative
Code, the above referenced appllcation which has been submitted to the
Suffolk County Planning Commission is considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or disapproval. Very truly yours, Stephen M. Jones,
Director of Planning. I have a correspondence from the Southold Town
Planning dated October 26, 1994. Dear Mrs. Terry, The Planning Board has
reviewed the latest revision of the proposed Local Law in relation to
wineries, October 21st revision, and submits the following report. The
Planning Board finds that the proposed legislation as worded to be an
improvement to the existing Code. Accordingly, it strongly supports the
latest revision. We note one minor typographical error that should be
Pg.6 - PH LL
corrected to avoid confusion. Section 100-31 A([[) (c) should read in the
plural "winery structures shall be..'. Many winery operations have more
than one building on the site, some of which are accessory to the winery
operation, for example bottling, tasting, storage, etc. All buildings
associated with the winery operation should be subject to the 100 foot
setback rule. Sincerely, Richard G. Ward. I, also, have a letter dated
November 16, 1994 from Richard C. Ward, Chairman, of the Southold Town
· Planning Board, which reads as follows. A review of the above Local Law by
this Board shows a weakness in the law as written. Section 100-31 A (4) (a)
should be rewritten to insure that wineries will not sell wine produced by
other wineries. The following wording is suggested. (a) shall be a place or
premises on which wine produced by the winery from primarily Long Island
grapes is sold. The Board would like to know where the intent section will
appear in the Code. I have no further communications.
SUPERVISOR WICKHAM: You have heard the proposed Local Law on
Wineries. Is there anyone in the audience, who would llke to address this
proposed Local Law?
DAVID GOLDMAN: Good evening, Mr. Supervisor, Town Board members.
Thank you for the opportunity to speak with you. My name is David
Goldman. I am President of the North Fork Environmental Council. The
North Fork Environmental Council supports the proposal you have before you
permitting wineries within the township to sell items, such as glasses,
corkscrews, and T-shirts. The North Fork Environmental Council, also,
supports the proposal permitting wineries to hold for-profit events. The
wine industry has become an important part of the Township~s economy.
The wineries provide local jobs, and draw tourism dollars to Southold as
part of the agricultural industry in Southold. Wineries help to maintain
open space and the rural character of our area. The North Fork
Environmental Council believes that by allowing the wine industry to expand
in the directions outlined in the proposed zoning changes you will help
foster a growing and useful part of our local economy. Thank you for your
time and consideration in this matter.
SUPERVISOR WlCKHAM: Thank you, Mr. Goldman. Is there anyone else in
the audience, who would llke to speak on this proposed Local Law? (No
comment) Hearing none, I declare this public hearing closed.
v-~Judith T. Terry
Southold Town Clerk
STATE OF NEW y~K)
) SS:
COUNTY OF SUFFOLK )
of Mathtack,
in said Count, being duly sworn, says thai he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Mattituck, in the Town of
Southold, Count, of Suffolk and State o! New York,
and that Ihe Notice of which [he annexed is a
prinled copy, ha~ been regularly published in said
Newspaper once each week for [ weeks
successivel , corem cing on the [O day of
CHRISTINA VOLINSKI ~
Notary Public, State of New York
No. 5004884 h m
Quaiif~_%~ in Suffolk Coun~ ~ PHndp~ Qerk
Com~iss~on ~rc~ No'~m~r 23, 19~
Notary Public
~ )1'/(
,:' z" M)'I'ICI': ¢)1.'
,.,IH Itl lC \OI ICI
liliRI,BY GI'vI'N :ha~ fl~,:r..'
leal'il el .~Jl; J o~,t, I1 t)~'So[llljoJd,
~&i~drie%."
'X()ll('l. I.q I'1 RIIIIiR
lyeN that t. he Town Board
the Town bf Southold will
hbk~ ~ p~bl'ie hearing on the
afores,aid. Local Law at the
Sou~old Town Hall, Main
aoai[ Smi:hohl. N-cx~ ~ ork, on
Ibc 29U~ da:, nf Noxcmber
1004. al' 5:Il0 P.M.. at
~e.~aFd.,....
This ~po~d"Loea Law
Relation to Wineries
BE IT ENA~D, by the
Y0~m' Bo~ 0f'~e To~'n of
Sou&Nd m follows:
:~. Cha~6r~f0~ (Zo~ag> of
:~b C~de:~fithe'.T0wn of
50~oid is hereby ~ended
bgow~:. . - ..
~T:~e ~e ~dus-
hl~ot~r, ibm~ ~o thc io,n'L'
'; foilowin~ standai'ds:
" .£a) shall be ~t ol~ce or ore-
raises on which wine made
'-'ff.om_T,ri_n-qri_'ly_l o0'-'.Ts ~_,
2r;&m"--i-_l:roducdd a,al ~ola: ,
. which' fit iea~t ~n (10'~ acres are '
de~?o~ed to ,)inevard oi other'
':.aaricultural Darooses and
'which is owned by the Winery
:'owner: and '
i2' - .-
~;"-2-Spctim,~L !.°073!B(13) is l
J.~ .. Secuon 10U-~ IB1141and
~',~ flSJareh~reb'~ Ch.ln?~to I',t
~ aad I ] 41 re~peCtlVel):
i:]added'to read as folio;vt:'
"accessoa eifi ;hop on the pre- ,
raises'which ma~ sell
nonspe~fic items bearin,z the
' insienb of the "
: ~ ch¢n a: an a~,son u se. but:,J
'. ':1 '~ ~,1 I'i.' .\ ,'i.lll Hr~ t ,v -,
:seryation Dis~d~ e:',:c~pt l'h~ ,
· 'wiri~i;ies are exclndkd.
fi. Secfi6i].lg0-42B(4) is
7 Sectidn i00-61AllJ is
, hereb., amen~led [Ol¢,~l~s [o -
Il Ar,) perm[aed u~_e se[
~Cm~'fn arldLi~¥~Flated L- I
' Culn~-4-Conser~.anon Dist~c[ '.
exee~ that ~merl~S. are-e~'
Th6i:eb3 de eted .~ r'o Ires;
· *'" 9. SSCtioa OO-~:IB(?) is
'hereby changed to (6).
10. Section 10.0-8lA is
hereby amended to read as' fol-
~lows:. · '
~;, ' ~::P6mi~ USeS :
(i) ~nY;~emiaed Use ad set
h~h ina~d m~iated by Sec_
',~dl'q,I;led I,?e.. qlthj4cl tt~
~'mke pl~ ~roval b~ the PI~-
[~)i,,g Bom'd: . '
iai" Retail businesses
historic ~h~acter of the s~-
~roundina area. I~ited to Ihe
~ [I] Antique, an and
~%~hop~ and Balleri~
[~ [-] ~om workshops and
nmchine shops.
[5] XX hole~le or retail sale
pl~) of g~den ma~efals and
~%to fh~ ,~r displa4- ~ pt&n~ ~d
:>materials does not object
'~esman flow ~ vehicul~ w~-
¢,[ ] L~brmes ormuse~s,
' shop_.,, carpeat6r sho~s, elecn'i-
cai shops, plumbing-shops, fitr-
nlture repawsl:iops and bicv}:le ]
,lllJ '1;¢ OI'CbCI~ quips, I.'.mi-,
s;',qfi. :., ;did o,.hcr ,cr~ icc bi!q- ,
~'~ Igi Wl!oleaale aad ware-;
'hoasin.; , ;
l~ ] shall have rctm[ sales~ on
l h Se~ion' lO0-81B(I) is
~hereby amended to read as fol-
(1) Any special exception
~use ~ set.~h ~ ~d re~lat~
~;by Secaon 100~3,.[~ of t~ Ag--
~4ic~ ~ral-Conse~ ation Dis-x~l
12. S¢¢tio~ 100-81C(1) ~
¢~y ~end¢d to r¢~ as ~o~-
fo~h ~ and'r~at~ by S~-
~ion 100-31C(D through
Consecration D~icc and sub-
~ect tO the con~tions set fo~h
Section 100-33 thereof.
13. Section 100-91B(10i
: hereb5 'deleted ~
~ereb) ~ded to read as fo[~:
(I'B whe~i~s which mee~[
me thllowiue stan~ds:
~a under New ~rk State
~w from which wi2e m~a~'~
~om odmadlv Lbn~ Island.
~es is orodnced and sold and
(b~sMIiobmmsiteo. . anap-
~roval and
lc I shall have retail ~ales oo
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn,
says that she is the Editor, of the
TRAVELER-WATCHMAN, a public
newspaper printed at Southold, in
Suffolk County; and that the notice
of ~¢hich the annexed is a printed
copy, has been published in said
Traveler-Watchman once each week
for
.................... ~ ......... weeks
succ ~-ively, commencing
...~ ....... on the
Swo~ to before me on this
.../? ....day of
~ 15. Section 100-10lC(I) is :=,,=-,.120~.l~:Sectmn. :100,274G, · =, . , , ~ . :,:.,
lows:hereby amended, to'read as fol- ' I , (Fees). ~ is hereby, added_ to read
· 5'~ (1% Accessor'~ .... -~ '* '~ as fo~ows
gfo~h~ a~d re~lated b S~c . G..For aovlications for oub-'
~tion 10 ~31 ( ~ ~ r~ ' ;lic entenah'nent and SD~C a ' ' ~ -
~ 0 C.1. throu~..~., , . ~: . , ........
~d'(l 1)_ of the A~icu~_ .., ~;: events oenmts, the fee shall be.. Notary Public ' '
'Co ~Bation Di~'-',,t~c ~uoec--~' "o' ~ fi~;'aollhrs (550
thecon~uons se fo~ ~ Sec-! ~ I!}Th[~ Local LaTM shall : BARBARA A. SCHNEI~R
~tion ~0-;3 tMreo~ :: ~:: ~fefit U~h ngw fl~' NOTARY PUDLIC; sate of N~ York
6 S¢cdon ~1-1~ ~ n ~ , ~¢~creta~o~Sta[e
'tiered) added to read as roi- {' : ?~derhne mdmates add~ Qualified in Suffolk
~dows: .... · ' tio~.~
n *?trik¢throu~h indicams
/ ~Secti~ 1-00-,10tA (11).. ::: ~.
~.'~; 17~Seeti~I0~t31B0~}1s i . Copies of this Local Law
"=:fibr~i~follo~s~:~: ,'~ [, :ta~e a~ailable in the Offqce of
· t~;~¥a~d2~;'. · ( ; the 'T~wn Clerk to any inter-
' ~!temb,j addbd to read as fol-
~_ : (~J¥l, Vki;eries as regulated
Section 00-10
'- 19. Secnon 100-141B(3) is ,~,
~ ~ereby deleted a~ follows:
2 estbd~persons during I~osiness
!hout~ '': o
;%' ' Ddted: }qov.miJer , 994
:' :: Town
~;i IX-I [, 10'94(4)