HomeMy WebLinkAboutLL #05 2017 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
--99-WASHIN'GTON AVENUE GOVERNOR
ALBANY,NY 12231-0001 ROSSANA ROSADO
VWVW.DOS.NY.GOV _ SECRETARY OF STATE
May 16, 2017
RECEIVE[)
Lynda M Rudder
Deputy Town Clerk MAY 3 0 2017
Town Hall, 53095 Main Road
PO Box 1179 Southold T®�� �fer�
Southold NY 11971
RE: Town of Southold;Local Law 5 & 6 2017, filed on May.12, 2017
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
u
L
NENYORK Department.
STATE OF
OPPORTUNITY_ of State
SOUTHOLD TOWN BOARD
PUBLIC HEARING
April 11, 2017
7:31 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Town Clerk Elizabeth Neville,
Town Attorney William Duffy
This hearing was opened at 7:50 PM
COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been resented to the
Town Board of the Town of Southold, Suffolk County,New York, on the 28" day of February,
2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter-280-4,
Agriculture." and
NOTICE IS HEREBY 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, 53095 Main Road,
Southold,New York, on the 11 to day of April,2017 at 7:31 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-
4,Agriculture" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-4,
Agriculture".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§280-4. Definitions.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of
plants and animals useful to man, including but not limited to forages and sod crops; grains and
seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof,
including the breeding and grazing of any or all of such animals; bees and apiary products; fur
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 2
animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and
greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURAL PRODUCTION -For the purposes of this Chapter, Agricultural Production shall
include, but not be limited to, the following:
1. A Farm O erp ation engaged in the production for sale of crops, livestock or livestock
products, by a bona fide farm operation, or bona fide aquaculture/Mariculture farm
operation, both as defined herein, which shall include but not be limited to:
a. Field crops, for example corn, wheat, oats, rye, barley, hay, potatoes and
dry beans;
b. Fruits, for example apples, peaches, grapes, cherries, tomatoes and berries;
C. Vegetables, for example snap beans, cabbage, carrots, beets and onions;
d. Horticultural specialties, for example nursery stock, ornamental shrubs,
ornamental trees and flowers;
e. Livestock and livestock products, for example cattle, sheep, hogs, goats,
horses,poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer,
farmed buffalo, fur-bearing animals, milk, eggs and furs;
f. Maple sap;
g. Christmas trees derived from a managed Christmas tree operation whether
dug for transplanting or cut from the stump;
h. Aquaculture and Mariculture as defined herein;
i. Biomass, which means crops raised for bioenergy, and shall include, but is
not limited to, farm woodland, switch grass, giant reed, and miscanthus.
j. Apiary, including the cultivation of bee colonies, bee honey, beeswax, and
related products;
AGRICULTURAL PRODUCTION BUILDING -An on farm operation building or part of a
building,primarily useful or necessary for crops in their harvested state in the conduct of
Agricultural production, including but not limited to barns, silos storage of mechanical equipment
storage of harvested crops, spaces, accessory alternative energy structures animal pens and other
shelters.
AGRICULTURAL PROCESSING -The on-farm processing of agricultural products at and
from a single farm operation located within the Town of Southold which has been converted from
its original (raw) state into a processed or prepared product through applications of cooking,
distilling, fermenting, crushing, or straining, etc. Such processed agriculture products include
but are not limited to,jams,jellies, cheeses,potato chips jerkies meats fowl fish breads and
baked goods, beer, wine and distilled alcoholic and non-alcoholic beverages.
AGRICULTURAL PROCESSING BUILDING - An on farm operation building or part of a
building, used for processing and storage of agricultural products of a single farm operation into
processed agricultural products as defined herein.
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 3
PROCESSED AGRICULTURAL PRODUCT -Agricultural product which has been
converted from its original state into a distinct product by techniques such as cooking distillation
fermentation crushing and straining Examples of processed agricultural product include
without limitation jams jellies cheeses potato chips meats fowl fish wine and other alcoholic
beverages Simple washing cleaning, arranging or packaging of agricultural products shall not
cause the product to be considered"processed"under this definition
ON FARM OPERATION DIRECT MARKETING -The sale of raw or processed agricultural
products that are produced by a bona fide farm operation or a bona fide aquaculture/Mariculture
farm operation directly to consumers.
ON FARM DIRECT MARKETING BUILDING -An on farm building, or part of a building
used for the direct farm marketing of agricultural products and agricultural processed products
from a single farm operation.
silos,FARM A site or series of adjoining par-eels under single ownership or managernerit devoted to
agricultural use.
FARM BUILDINGS All struetures useful or neeessary for the eenduet of agrieultural aetivities,
ineludifig but not limited to bams, meehanical equipment storage sheds,
animal pens 0
other shelters
FARM STAND Any strueture open to the weather en at least one side, used for the sole purpose
of retail sale of produee grown by the owner of the stand on fann acreage within the T-Own o
Southold. Sueh struetufe may be one story or less, r-oofed or have partial walls and flooring but
may not be eomnletely enelose a y1, the 1 ,1 A farm stand +be
J Y J a bu.,iiia,+a may
wheels,insulated or mechanieally heated or eeoled by per-manent equipment. A truek bed or trailer 013.
with areas in exeess of 20 square feet
displaying produee,
shall be eonsidered a farm
stand. [Ad 1997 by L.L.No. 8 1 00'7]
FARM OPERATION - Means the land including underwater lands used in aquaculture and
Mariculture buildings used in agricultural production on-farm agricultural processing buildings
on farm direct marketing buildings equipment manure processing and handling facilities and
practices which contribute to the cultivation production preparation processing and marketing
of crops, livestock and livestock products freshwater or marine water products including fish
fish products, and/or water plants and shellfish as a commercial enterprise The farm operation
may consist of one or more parcels of owned or rented land which parcels may be contiguous or
noncontiguous to each other.
BONA FIDE FARM OPERATION - Indicators of a bona fide farm operation include a farm
operation, as defined herein that:
1. Is located on land with not less than seven acres of land used as a farm operation
in the preceding two years for the production or sale of crops livestock or livestock
products, of an average gross sales value of$10,000 or more or
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 4
2. Is located on land of seven acres or less used as a farm operation in the preceding
two years for the production or sale of crops, livestock or livestock products of an
average gross sales value of$50,000 or more, or
3. Has been issued a farm stand operator permit.
FARMHOUSE -A principal dwelling on a Farm Operation used exclusively by a farmer/owner/
operator who is in full time residence and actively engaged in farming the lands of the farm operation,
or as housing for the Farm Operation's workers, or occupied by key employee(s) of the Farm Operation.
AQUACULTURE -The breeding, cultivation, planting, containment,or and harvesting of products
organisms that are naturally pr-odueed occurring in freshwater ments, for€xawple
including finfishi,she-Ilfrsh mollusks such as snails and clams; crustaceans such as shrimp and
crayfish; and seaweed aquatic plants. The term"aquaculture" is also commonly used to include
marine water, or Maricultured, species such as oysters, bay scallops, lobsters , and sugarp.
LAND-BASED AQUACULTURE - The cultivation of marine and freshwaters organisms in a
man-made structure, such as an on-land building or pond. Any f nn of aq acid',,,.°that does n
MARICULTURE -The cultivation of marine organisms in saltwater, for example finfish;
mollusks such as snails, oysters, and clams; crustaceans such as shrimp, crabs, and lobster's;
and marine plants such as sugar kelp.
BONA FIDE AQUACULTURE/MARICULTURE FARM OPERATION -Indicators of a
bona fide aquaculture/Mariculture farm operation include, a farm operation, as defined herein,
engaged in aquaculture and/or Mariculture that:
1. Has obtained all commercial cultivation and harvest permits required by the New
York State Department of Environmental Conservation Law and a permit from either
the New York State Department of Agriculture and Markets or the Suffolk County
Department of Health Services when the farm stand offers on-premises consumption,
and
2. Has access to underwater land, including, but not limited to, a lease, riparian rights,
a grant, fee title to underwater land, or a franchise within the Peconic Bay Estuary or
Town waters, or has land-based cultivation infrastructure.
ROADSIDE FARM STAND or AGRICULTURAL STAND -A'l^^*'', *a" ^r display area
exceeding 50 less than 100-0 square feet in area located on a fafm parcel on from which
agricultural pr-o uets ' fruits, vegetables or plants are home grown and sold to the
general public.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 5
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
I do have here an affidavit that this hearing has been advertised in the Suffolk Times. I also have
an affidavit that this has been noticed on the Town Clerk's bulletin board. I have a memorandum
from the Planning Board office with comments associated to this. it is several pages long. It is
part of the public record and available for anybody to see in the file. I have a letter from the SC
Department of Economic Development and Planning that the application is considered to be a
matter of local determination as there is no apparent significant county-wide or inter-community
impact. A decision of local determination should not be construed as either an approval or
disapproval. In fact, there are two letters here with the same determination. I do have a
memorandum from the LWRP coordinator stating that this is a type II action and therefore, not
subject to SEQRA review. I have another memorandum from the LWRP coordinator that this
action is consistent with the LWRP policy standards and therefore, is consistent with the LWRP.
That's all I have.
SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this
particular local law to please feel free? Just remember to state your name and your hamlet.
CHRIS BAIZ: Good evening, I am Chris Baiz, from Southold. I am in local agriculture here. I
would like to just briefly comment on the development of this legislation. Number one, this has
been going on for several years vis a vis the Southold 2020 project and in conjunction with that,
the Agricultural Advisory committee has met with the Town Board in work sessions on a
number of occasions and also code committee so we could come up with a viable list of
meaningful definitions for agriculture in the Town of Southold and a viable list in terms of what
are the common day to day practices in this time. when we looked at the zoning code, a couple
of years back, we counted over 210 definitions of which at that time, there were three that
involved agriculture and sometime later the Town Attorney's office determined that agriculture
really is a land use situation and not a chapter 72 over on the side where we had the old farm
stand code of 2007 and the even older farm stand code that is still in chapter 280 as a definition.
I think it's important to realize that we have a number of families here in town who are the
agricultural nucleus for the town. I see that a lot of the older folks are here but not the younger
folks because they are probably too exhausted already and have gone to bed. But, important for
all of us is to make sure that agriculture in our community which is now operating according the
United States Department of Agriculture in the highest cost farmlands in the United States.
When asked, they could say that only a few places in the Hawaiian islands were land as
expensive, farmlands as expensive as they are here. And so we have a cost structure that is built
in with that, not only just in the land cost but in our operating costs, our utility costs, our tax
costs and as well, our mortgage costs. So when people in agriculture try to operate in this
environment, they not only have to cover their costs for the operation on a day to day basis and a
seasonal basis, they also have to cover their costs for the mortgage and the taxes and you all are
aware from prior work sessions, if you have a $100,000 acre of land and you put down 20 or
25%, the remaining outstanding for loan financing is around $7,200 a year. An acre of potatoes
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 6
might bring you $3,500 a year. So, on a raw crop basis, that doesn't work anymore. The
paradigm has shifted here in the Town of Southold. And so we are sort of taking a leadership
role from the development over the last 40 years of the vineyard industry and it's incumbent
wine product that has allowed a better cash flow to the acres of physical planted crops so that we
cannot only pay for the operation day to day through the season but we can pay the mortgage on
that land, we can pay the taxes and then we can begin to pay the family operator who has to go
home and finance his mortgage from what his earnings are and support his family, provide health
insurance for that family, as well as retirement savings and educational savings for the children.
I want my granddaughters to be able to do anything they want so long as they come home here
by age 23 and start running the farm for me. So with that, we have developed these definitions
and I think everybody should be aware that this is sort of only the first or part 1, the second part
which is to follow on after this is properly vetted to the permitted uses regulation of chapter 280
and so as an example when we get into the definitions you might find as an example under bona
fide farm operation, point number three has been issued a farm stand operator permit which we
don't know anything about in the definitions other than that one point but we will find it when
we get to the permitted use regulations. So, on that point alone and the just defining bona fide
farm operation and bona fide aquaculture operation, we have certain minimum standards of
permitting, of production, of dollar volume levels so that we know Southold Town farmlands are
being used by that operation. The other point is that what is missing in the permitted use
regulations is also a requirement in terms of sales at each farm operation is what we had
originally determined the 60/40 ratio of dollar value of product sales sold out of the retail sales
facility or the on farm direct marketing building as opposed to some extraneous extra products
that we might bring in whether it's t-shirts or other finished agricultural products. So to that end,
we come back to the definitions and I think everything is in order but I would like to make a
point on three definitions, I forgot the word primarily when it comes the, and the rest of the
phrase is from a single farm operation in three definitions. That of agricultural processing, that
of agricultural processing building and on-farm direct marketing building and I think if we just
got to that point where we understood that primarily means primarily, the bulk of your product is
coming off of your own farm operation and that is supported by the definitions of bona fide farm
operation and bona fide aquaculture operation as well as in the permitted uses the 60/40 rule. So
my suggestion here is, with that exception to those three definitions, I would recommend that the
Board pass this legislation at its earliest possibility. Thank you.
SUPERVISOR RUSSELL: Thanks Chris. Who else would like to address the Board on this
local law? Yes.
SAM MCCULLOUGH: Good evening, Sam McCullough, I live in Cutchogue. Been out here
since the early 1970's and a couple of years after that I got my first job working on a farm and I
grow grapes for a local winery now. I fully support the modernization of these definitions and
codes. Agriculture in our neighborhood has evolved in a way that I think nobody could have
ever imagined when these codes were first imagined. Some changes are positive, some less so.
But agriculture clearly affects everybody in town, so updating the codes and definitions is quite
important. Primarily what I see here that does need some tuning up is, as Chris said, in the
definition of agricultural processing, agricultural processing building and on-farm direct
marketing building, just to quote from agricultural processing "the on-farm processing of
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 7
agricultural products at and from a single farm operation located within the Town of Southold"
and then it goes on to describe the changes and so forth. That phrase of from a single operation
will have an effect on farmers in the town who are not actually in the direct marketing business
but maybe market their products wholesale to other farmers who may process or retail. Hence,
by doing this, if it is strictly from a single operation, you will be closing that market to other
farmers. There are people around who grow sweet corn and sell it to other farm stands, grow
strawberries and sell to other farm stands and so forth. And I don't believe that we should be
limiting that. So by altering that to read the on-farm processing of agricultural product at and
primarily from a single farm operation located within the Town of Southold would solve that
problem. And maybe your pleasure to define primarily but the idea being that you can't open a
commercial operation that's trucking things out from markets in the city, call it a farm stand but
really it's just a store. Or you can't have a winery that's bringing grapes from California and it's
basically a factory. At least not on farmland. So adding primarily to those three definitions
would solve that problem. And I think that pretty well covers what I had to say. Thank you.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board?
JESSICA ANSON: Good evening. Jessica Anson, public policy director Long Island Farm
Bureau. Long Island Farm Bureau's is a member association of over 3,500 farmers, fishermen,
agri-business professionals and individuals interested in a rural quality of life. Southold has a
rich history of supporting agriculture in the town, evidenced by the fact that agriculture continues
to be a leading economic driver in the Town of Southold and provides scenic background for
your rural quality of life. We support the efforts put forth by the Agricultural Advisory
Committee to establish definitions about agriculture in the town code. Changes and updates to
the code are necessary to clarify the terminology used to describe the types of farm operations,
the current agricultural production activities and ensure that farm operations are selling local
products. However, we are concerned about recent overly restrictive language added in three of
the proposed definitions as seen in the Suffolk Times. The disruptive changes are in the
definitions of agricultural processing, agricultural processing building and on-farm direct
marketing building. The final draft of definitions that was presented by the Agricultural
Advisory Committee is not the same draft that was presented to the public in the press. This
language does not correlate to the current agriculture practices in Southold Town and when the
permitted uses section of the code is passed, could put many pre-existing bona fide farm
operations in violation of town code. Farmers sell the majority of what they grow, but it is
standard practice for them to supplement with other products from other local growers. A
definition that states farmers can only sell products at their farm stand "from a single farm
operation", is overly restrictive. In order for agriculture to survive, it is critical that farming
remains economically viable. The proposed farm code should acknowledge how agriculture
continues to evolve and move towards direct farm marketing such as on farm processing and
value added products. As farmers generate better returns on their crops from these retail sales, it
is imperative we provide avenues to operate their businesses in the most profitable ways. We are
very concerned if this code passes as written with these new changes in place. Long Island Farm
Bureau recommends that the definitions be reverted to the recommendations of the Ag Advisory
Committee or include the word primarily as suggested by the previous two speakers or have this
tabled until these definitions are fixed.
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 8
SUPERVISOR RUSSELL: The issue is the current code doesn't have these definitions, we are
actually adding uses to the code or adding definitions with the intent of adding uses to the farm,
so I don't know how that becomes overly restrictive. Because we are moving the line, under the
current code but for wineries, processing isn't allowed. So we are saying we are going to allow
it when we get into the uses side, that is why we are defining it. So I don't know how that is
overly restrictive, it's quite the opposite. It's being more permissive.
MS. ANSON: It is overly restrictive because it's not correlating with what the practices are right
now and in the uses section, there is the 60/40 rule but these definitions directly contradict that so
they don't make sense, especially if we are only passing a first part and then a second part
afterwards.
SUPERVISOR RUSSELL: The 60/40 rule only applies to farm stands. And it's 60 % of the
products grown in their harvested state on site. It allows 40 % processed products or accessory
items. That doesn't contradict what's taking place or what's, because processing isn't allowed
right now. So it's not contradicting what's taking place on the farms because it's not allowed on
the farms. What we are saying is we are going to allow it and if it's happening, that's outside of
what the code would permit. I mean, until we change the code to allow it.
MS. ANSON: But saying it's only allowed from a single operation is going to contradict what
was going to be put into place afterwards, so to say that you can only process, people are
processing from more than a single operation. We are just trying to say that it needs to have the
word primarily. Because we are both looking for more clarity for agriculture in the town code
and unfortunately with these new language changes it leaves it up to be, it's too easy to interpret
this differently.
SUPERVISOR RUSSELL: I would submit the opposite. It is clear and it's emphatic, primarily
is a nebulous term of (inaudible), that's impossible to define. Sole is a lot easier to define.
That's where clarity comes in.
MS. ANSON: Okay. I would like to submit these comments. Thank you for your time.
SUPERVISOR RUSSELL: Thank you. Albert?
ALBERT KRUPSKI: Good evening, Al Krupski, Cutchogue. I would like to first thank the
Town Board for taking this on, I don't have to explain to anyone up there how important
agriculture is to this community and to all of Long Island, so this is really important to take this
very complicated matter and also I would like to thank the members of the Ag Advisory
Committee. They did a lot of hard work on this and it certainly shows. I only had a couple of
comments. Under the definition of ag production building, would it be better to add
greenhouses? Just to include them. Under on-farm operation direct marketing, there's a lot of
businesses that are going to open in the next week selling melons, tomatoes, strawberries and
probably bananas, so I was wondering if you could add something saying you can't open until
products are growing and being harvested locally, to lend some clarity to that. And then under
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 9
roadside stand, if you could add at the very end of that, fruits, vegetables, plants are grown on-
site to be sold to the general public. I think that would add clarity to that too, and I wonder if
there is any provision for enforcement on that or is it just the regular town enforcement.
SUPERVISOR RUSSELL: Well, we just hired a new code enforcement officer, so now we have
a total of 2 '/z because one is part-time but we would, in town, like any other aspect of the code,
put an enforcement component in place. But I think when people focus on enforcement, they are
cynical because generally when we pass new code, we get substantial compliance from the
community and there's just a few outliers which lets us focus our resources on those.
MR. KRUPSKI: Thanks for all the hard work on this.
SUPERVISOR RUSSELL: Thanks, Albert.
LAURA KLAHRE: Hi, my name is Laura Klarhe, I am a beekeeper, Blossom Meadow Farm. I
incorporated my farm in 2009 but finally was able to buy a two acre parcel in 2015. Since land
is so expensive out here, to me, all farming and farmers should be embraced and in this vein, the
financial threshold for a bona fide farm operations should be $10,000 no matter what the size of
the parcel., It just seems off. Also while the definition says indicators, there should be more
indicators listed. Because people are going, it is likely going to be interpreted in the future that
these are the only indicators by which things will be compared. Farming is an allowable use on
R-80 and by using this definition of land of seven acres or less having to have a gross sales value
of$50,000, you are actually restricting the use of that R-80 land if it's just two acres. Also, since
in this bona fide farm operation definition, you have to be in production for two years. It doesn't
seem to make sense to me because you need to go to the ZBA to get a deer fence and I know
from experience, the ZBA, not only does it cost money to submit your application but also the
surveys and everything else. Everything adds up. Thank you.
SUPERVISOR RUSSELL: Thank you, Laura. Let me just clarify, the bona fide ag operation,
the dollar amounts and the acreage amounts are actually defined by NYS, not Southold Town.
MS. KLARHE: It doesn't really matter to me that ag and markets has it that way, that I think
Town of Southold, because of our high land cost, should embrace a larger definition.
SUPERVISOR RUSSELL: Thank you.
MR. BAIZ: May I make a comment to that point?
SUPERVISOR RUSSELL: Sure, Chris.
MR. BAIZ: On the $10,000 and $50,000 issue, first of all, in some simplicity, Ag and markets
doesn't really understand how we operate down here in a high cost land structure and while my
generation in the room, that's 90 and over, where familiar with the old Ag prices in the $3,000
and $4,000 range, the generation that's going to replace us is the first generation that will have
full on the high cost of these lands, to incorporate into their business plans for agriculture. And
to Laura's point, that's why in bona fide farm operation, there is point #3, or has obtained a farm
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 10
operators blah, blah, blah permit (I don't have it to memory here) anyway, within the paragraphs
of the permitted use regulations associated with these definitions, we do allow for a startup
agriculture operation to come to the ag advisory committee, bring your business plan, show us
your land holdings, what you are planning to do. Show us your checking account, that you can
do it and we will grant you a farm stand operators permit, so you can go ahead and sell, even
though you haven't met the two year hurdle. It's as simple as that.
SUPERVISOR RUSSELL: Thank you. And incidentally, blah, blah, blah does appear in the
language. Can I just have people that haven't gone yet?
KAREN RIVARA: Good evening, my name is Karen Rivara, I am a resident of Greenport and I
have a shellfish farm in Southold. I would like to thank the Board for giving me the opportunity
to work on the Agricultural Advisory Committee, representing aquaculture and mariculture
interests and for the opportunity to work on this code. We have been working on this for about
five years, I've got a pretty thick file of drafts and I think we are pretty close. I support the
definitions here but I am concerned about the language that other folks have brought up with ag
processing, ag processing building and on-farm direct marketing building and the words from a
single farm. The concern is, it is common practice for a farmer in Southold to sell some of their
product through another farmers farm stand. And as a matter of fact, aquaculture, because we
can't set up a farm stand on our farm without people drowning getting to it, we don't have an
opportunity in the current code to sell our product at a farm stand but we can sell it to, through
another farmer, land based farmer's farm stand. And some of us currently do that. As long as
you follow DEC regulations, you can do that. So with the on-farm direct marketing building,
selling product from a single farm, if that single farm doesn't include the aquaculture operation,
then that would eliminate that opportunity. At least that's one way to interpret it. We had
originally had in our ag advisory committee, we had from the farm operation. I think the
concern is, and I think all of us share this concern, we don't want to see somebody bringing
product from outside of the town saying it's local and selling it either processed or in a raw state
but we want to maintain the ability to, you know, to have some flexibility and sell other people's
product from the Town of Southold. So I am thinking maybe if we can work in those issues in "
the uses because we are just dealing with the definitions right now and we don't want to have the
uses we come up with or even the current code uses conflict with the definitions, for instance the
60/40 rule, if we could work on that when we work on the uses, when the ag advisory committee
and our work with the town in code committee, that would perhaps be a solution to our concern.
So I know we need clarity for the town employees when they process permits and the people
who are coming into agriculture in the town, what they can and can't do but I am concerned
about the language in those three definitions.
SUPERVISOR RUSSELL: Thank you, Karen. I do want to point out that selling oysters to
farm stands is still permitted because the farm stand code allows that farm stand to carry up to
40% of products from other operators, processed or accessory items. So this, these definitions,
wouldn't stop that in either way.
MS. RIVARA: Okay. I guess when I read and I am just thinking of somebody who doesn't
work for the town now, somebody five years down the line but they have to look at the permit
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Amendments to Chapter 280-4 Agriculture page 11
and they see the words from a single farm operation, they may say well, your farm operation
obviously doesn't do aquaculture so how is that you are selling aquacultured product at your
farm operation because it isn't from your single farm. I think that's where the concern is. So I
know we are trying to fix interpretation but we would like to do it in a way that doesn't hurt
anybody and can keep aquaculture and agriculture thriving in the Town of Southold. Thank you.
ADAM SUPRENANT: Adam Suprenant, from Southold here. I would like to read a statement
and then I have some questions for the Board. Almost 20 years ago, in this very hall, I don't
know, it predates me by a year but Southold town Board passed the farmers bill of rights, okay,
which in my mind is the over-riding passage in the code, that we as farmers, we have the right to
do something in this town. Now, when you look at the zoning code, you don't have the right to
build a pool or a pool house but we have the right and this is, I feel very strongly about this, we
have the right to build farm buildings okay, we have the right to spray our crops and protect our
crops with deer fencing, okay. We also have the right and I am quoting, for processing and
marketing of our agricultural produce, okay. So there has been language in the town code which
gives us the right to process and market on our land, okay. Now I agree with most of these
speakers here and I really, I have been sitting in on a lot of ag advisory committee meetings and I
would just like to thank and commend Bill Ruland and Chris and the rest of the ag advisory
committee. Change is hard and it doesn't, and I agree not all of us will be happy with the
changes, with every single one of the changes but change is essential. So that is my statement. I
have got a few questions on the process on how all this takes place in terms of legislatively. So
for example, when this Board passes 284, in the same legislative act, does it rescind chapter 72?
SUPERVISOR RUSSELL: No.
MR. SUPRENANT: Okay, so 284 and 72 will be on the books at the same time, for how long?
SUPERVISOR RUSSELL: Bill? 284 and 72...
TOWN ATTORNEY DUFFY: Well, it's 280-4 (inaudible) we are still going to have chapter 72
until we come up with the in the code.
MR. SUPRENANT: Okay, so they would be on the code at the same time?
MR. BAIZ: Inaudible.
MR. SUPRENANT: Got it. In 280-9, okay, in the right to farm code, there are definitions in
that section that are different, not hugely different but they are different from what would go into
280-4, are there plans to modify the right to farm code to accommodate that?
SUPERVISOR RUSSELL: The right to farm code is a policy that was adopted by the Town
Board. You had mentioned before that you have the right to process under the current code. We
agree. Under the current code, you don't. So we are adding that as a definition so we can add
that as a use. The current code is silent on the issue of processing and I think that's the problem
and I am getting a little confused because we are saying, let's define this and start allowing it
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 12
because the current code doesn't and somehow we developed code that's overly restrictive
despite the fact that it's becoming more permissible.
MR. SUPRENANT: Well, what I am reading in 280-99, that farmers have the right and I don't
really want to get stuck on this because I don't think it's the major point of why we are here but
what I read in 280-99 that processing and marketing of produce is within our rights as farmers...
SUPERVISOR RUSSELL: Yeah, but...
MR. SUPRENANT: That's in the code.
SUPERVISOR RUSSELL: That's exactly what this does. I am sorry but these are the
definitions. When we get to the uses section, that's exactly what we intend to do because we
think it's right, that you should process, that you should sell on-site.
MR. SUPRENANT: Okay, but...
SUPERVISOR RUSSELL: We agree with that.
MR. SUPRENANT: My only point here, Supervisor, is that there are now going to be two sets
of definitions, one in 280-99 and one in 280-4 and I just asked the simple question about whether
in, that it may be brought up to date in the efforts of clarity because one of the reasons we are
modifying this code is to add clarity to the code and if we look into different sections, if we have
agriculture defined differently in 280-99 as in 280-4 then that adds, it's less than clear what's
going on in the code.
TOWN ATTORNEY DUFFY: Can I add...
SUPERVISOR RUSSELL: Yes.
TOWN ATTORNEY DUFFY: The definitions are in 280-98, of right to farm, and they only
include one definition. The definition of crops, livestock and livestock products which is almost
near as the proposed agricultural production definition of what crops, livestock and livestock
products are.
MR. SUPRENANT: Yes, but I am just saying that agriculture isn't in here. The definitions
don't match. It's not a major point, but what I am just saying is that....
SUPERVISOR RUSSELL: The issue of definitions, processing isn't defined in that. 280-99. Is
it? It simply conveys that as a right but I am unaware of defining processing.
MR. SUPRENANT: The current proposed definition modification and I apologize for taking up
all this time on this, there are definitions of what is agriculture? Okay? And they are going to be
different to the proposed changes to 280-4 than they currently are in 280-98. So I am just
wondering if that is going to be, it just seems like a simple change. You either strike out one of
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Amendments to Chapter 280-4 Agriculture page 13
them or add a couple more to the other, I don't know. I was just wondering whether those
definitions are going to be uniform?
SUPERVISOR RUSSELL: A very good point. We have to look at it.
MR. SUPRENANT: Thank you. I am almost done. Well, there has been a lot of, well, first of
all, I support this process and I want to see it go to completion.. I think the code as written is
largely good code. It is very neutral but I think one of the things and I agree with several of the
other speakers, I really think for the term, if we want to be approach this and give more
flexibility to agriculture producers, the word primarily needs to be inserted in front of the single
operation. I also would like to point out that under the zoning code, 280-13, subsection 4, it does
state that the winery shall be a place or premise on which wine made from primarily Long Island
grapes is produced and sold. So this kind of language has already been included in the town
code and if we don't rescind or change the winery definition in here, then your proposed
definition changes are going to be in conflict with what is already in the town code. So I would
highly recommend that you adopt the work primarily, it's just a minor tinkering and I don't
know, I mean, what is the intent of that language from a sole operations? Can you make a
statement? What is that looking to accomplish?
SUPERVISOR RUSSELL: I think the concept was the processing is currently not allowed, it
moves into a use that hadn't been anticipated originally and we want to allow that use but that
use goes to that farmer and I don't think it's unreasonable to say you can process your harvested
products on your site but you need to make a commitment to grow them. I don't think that's
unreasonable. I think that that winery definition is wholly inadequate and that primarily Long
Island grapes isn't sufficient. I think you say, you can have a winery but you have to grow the
grapes. It is no different if you are processing or potato chips or any other thing. I mean, quite
honestly...
MR. SUPRENANT: That would be 100 percent...grown on site?
SUPERVISOR RUSSELL: Under the current code, the winery definition hasn't changed yet.
that's what it says. But yes, I don't think the incidental inclusion of other farm operators is
something anybody would ever raise but when you use words like primarily, define what you
mean. Because lord knows, it's very ambiguous.
MR. SUPRENANT: But I think if you use the word solely or sole that, I think the Board should
tell us what the intent of that statement, are you going to limit agricultural operations that are
allowed all over the state?
SUPERVISOR RUSSELL: No, we are going to permit processing which currently isn't
permitted.
MR. SUPRENANT: In the town code.
SUPERVISOR RUSSELL: That's what we are trying to do.
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 14
MR. SUPRENANT: My question is, that farmers buy and sell commodities among each other
all the time, okay, and so to me it seems reasonable to allow flexibility of business operations,
the maximum flexibility should be the goal of writing this code and that's how I feel.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board?
Doug?
DOUG COOPER: Good evening, ladies and gentlemen. Thank you for indulging us. There has
been a lot of good comments here tonight. I agree with the vast majority of them. I am more
concerned about delaying this and it can be changed in the future. We have another part of this
which is going to be the uses and when we, you, we pass that, we can make the changes that we
feel we need to. So I would encourage that we approve this. I am concerned about the language
that was mentioned here. Direct marketing building, where it says agricultural products from a
single farm operation, as Mr. Krupski said, a lot of us have bought and sold produce that we sell
on our farm stands. I have sold tomatoes and melons and asparagus to a lot of other farm stands
and it's an important part of our business. And the lady that spoke about the amount of money to
be a bona fide farmer, I agree with her. The $50,000 on a small piece of property is a lot harder
to make than $10,000 on a larger property. So that's another change I can easily see. But I
would strongly encourage that we approve it as it is, unless any of these changes are minor and
let's fix it. Thank you.
SUPERVISOR RUSSELL: Thank you, Doug. Please.
IRA HASPEL: Ira Haspel, Southold. I want to thank the Board and ag committee for their hard
work and I agree with most of the speakers and I agree with the changes that are being proposed.
I was just wondering if there might be some more clarity on this bona fide farm operation
definition, particularly young or new farmers. They won't fit definition one possibly, or two, let
alone three. So, it might be difficult for them to get started and unless the third definition which
is about farm stand operation permit has a little more clarity, they may be just shy of attempting
to start. So I just, maybe that can be considered. Thank you.
SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Board? Did you
want to go again?
MR. MCCULLOUGH: Just to go back to the little debate that got started with Jessica's
comments. I felt that we were also taking a shortcut by going to directly to agricultural
processing where that from a single operation first started but if we go on down to on-farm direct
marketing building which could be construed as a farm stand perhaps, we get to the issue of local
farmers trading amongst themselves in commodities and it does seem overly restrictive in that
regard and yes, I agree with you that where processing has not be allowed previously by town
code, it couldn't possibly be overly restrictive since it's a new permitted use under these
definitions but certainly under the definition of on-farm direct marketing building, it would be
overly restrictive. And as an example, I actually have a farm but it's in Riverhead, the town of
Jamesport, I grow wine grapes. I don't process into wine, I don't sell anything direct market but
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 15
what I do sell is all my grapes to local wineries. A few tons here, a few tons there. A little bit to
about eight different producers. If they weren't allowed to use my grapes, I wouldn't have
anyplace local to sell them. And that's just my personal situation but there are other farmers
growing other commodities who would have the same restrictions on their operations. So it is
worth considering. And if primarily is too vague, we could throw in another vague term and say
locally produced agricultural products primarily from a single operation. At least I think it sticks
with the intent of keeping what's being processed and retailed here locally produced. It's in
support of local agriculture as opposed to just trucking in product for commercial purposes.
Thank you.
SUPERVISOR RUSSELL: Thank you. Can I just ask, would somebody please define the word
primarily for me? Because the idea is to convey uses to a bona fide operation and to be candid,
someone shouldn't be able to build a processing building on a farm when most of their processed
products are coming from other area farms. I recognize the cross promotion and all of that but
you need to define, where's the threshold where you can actually move into processing.
MR. MCCULLOUGH: Okay, I would want to come out and propose but I would be perfectly
happy to. The 60/40 farm stand rule might be a good place to start. 51 % I think would
technically be primarily but you know, the majority of more than half, if you wanted to make it
75%? Or just anything that's not 100 %, anything less than 100%. But certainly more than half.
SUPERVISOR RUSSELL: Thank you. Yes, Chris.
MR. BAIZ: My daughter loves to cook and every fall she drives by Al Krupski's pumpkin farm
and sees all the extra pumpkins that aren't going to New York City and she wants to make
pumpkin pie for Thanksgiving and sell it at our place. Would she be allowed to do that under
these definitions?
SUPERVISOR RUSSELL: Yes, I believe you are, aren't you?
MR. BAIZ: I don't know. Show me the pathway. That's what I am asking.
SUPERVISOR RUSSELL: Okay, we will take the issue up. But don't forget, you helped us
draft this issue up.
MR. BAIZ: I know. And look, I took the blame for not including the word primarily in there
and if it's 75 %, we will do it. If it's 80%, we will do it. Thank you.
SUPERVISOR RUSSELL: That's an issue we will have to talk about. I know a lot of people
like to cull from the farm stand code when it suits an argument or when it suits a purpose but the
farm stand code is far more restrictive than any other aspect of the ag code. I don't think people
understand that.
MR. BAIZ: We don't want that. We are in support of Town of Southold agriculture because we
are the last guys, we are the rail head out here. When I rode into New York City this morning
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 16
and came back this afternoon, we have got to go past everything else before people can get to us.
so we are at the tail end and we need all the help we can get.
SUPERVISOR RUSSELL: Thank you.
BENJA SCHWARTZ: Benja Schwartz, Cutchogue. A lot of questions here today, so I will start
out with one, too. Did the agricultural advisory committee look into the definitions of the
viticulture areas that define what percentage of grapes that are required to use, to label a wine as
from the north fork,the south fork or from Long Island.
SUPERVISOR RUSSELL: I don't know the level of research they did but I do know that all of
that is spoken to by New York State. That's a lay law, if I am not mistaken.
MR. BAIZ: And the federal government.
SUPERVISOR RUSSELL: And the federal government.
MR. SCHWARTZ: So I believe there are already some rules out there and that many of the
local vineyards do import grapes and use them for their wine. I am all for that, you know, in
proportion. I am not going to use a precise term like primarily but you know, I grew up out here
and I worked at the Hargrave's, growing grapes and making the wine. I design websites and I
worked to start community supported agricultural programs. I worked in the wholesale nursery
industry out here but I think that we are hearing a lot from farmers and we need to also have
some input into this process from other people including lawyers. Certainly there has to be some
limits to the right to farm and indeed there is in the right to farm, the presumption is that farming
activities are allowed but if it is shown that they are harmful that is right in their right to farm
that they should not be allowed and when you get vineyards like Vineyard 48 running disco
parties and putting citrus fruit into the wine, selling sangria, advertising the sexiest parties on
Long Island, I don't think anybody wants that. I don't' think this proposal here is really ready
for public comment or for legislative consideration. There's some basic elements missing,
specifically let's start with the statement of legislative intent. It's very nice to hear at the
meeting tonight, we've had people speak of what the intent is of these so-called definitions but
there was no way for me to know what that intent was by reading the proposed law when it was
noticed and there should have been and that's an important part of the legislative process which
becomes part of the law and helps to define and interpret the law in the future. When a statement
of legislative intent is produced and it's not just stated that whereas, where is it in here? Oh,
whereas there has been presented a law and then resolved there has been presented a law, it's like
repeating the same thing. This proposal here talks about chapter 280-4, agriculture. There is no
such thing in our code. Chapter 280 is the zoning code. It also includes the right to farm, by the
way. Section 4 is the definitions code. These are not all the definitions. This is not the way I
am accustomed to see proposal for legislative changes made where the existing law is clearly
what is existing and what is changed. Integrations with another sections of law are also very
weak here. In addition to the Vineyard 48, 1 think we should remember what happened when the
taxpayers hired attorneys and sued the Edson's Christmas store. Which sells retail products
manufactured in China at a so-called farm stand. Taxpayers of the Town of Southold sued that
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 17
business, closed it down. The judge said the Southold was right and the business was closed.
And the business was reopened as a farm stand. Members of the Agricultural Advisory, certain
members of the Agricultural Advisory Committee said, oh, the 60/40 rule. That only applies to
what's on display not to what is sold, so if you have a warehouse full of plastic Santas or those
little statues, whatever, things made in China, as long as you only put 40% of the items on
display, as long as you have 50% of Christmas trees, it's okay if you don't sell a single
Christmas tree, you can just sell plastic Christmas trees. And we don't need a site plan, we don't
have, you know, traffic safety is not looked into because it is just a farm stand. So I want to
support the agricultural industry but I see here that the first definition here, I am not sure why it's
here because there is no change and the indication in the code says that it was, this definition was
created in 1973 of what is agriculture. I think we should have a group with some people that
think out of the box, come back and talk about what agriculture is today and in the future and
will be, of the agricultural production process, the processing process, the marketing. Maybe we
need to take all the laws pertaining to agriculture and create a section of the code specifically for
agriculture. I am not sure. This is, like I say, there is not enough here and to hear people
describe the legislative intent of the law tonight, orally, that doesn't give me the ability to study
it. Which is what legislation, the legislative process is supposed to be about. Studying what's
happening today, the potential for what is going to happen tomorrow. And any farmer who gets
up here and says I want it now doesn't seem to me to be a very appropriate attitude for a farmer.
There are types of agriculture, I think the town should be'supporting things such as community
supported agriculture, which is more than a marketing, it's a financing means for agriculture.
Very successful financing means, the organic label which has been defined by the federal
government has become a very successful marketing angle. I am not sure that it is protecting the
environment. Approximately 50% of the local wine growers here have created their own
standard. They have an organization called Long Island Sustainable Wine Growing which
promotes sustainability which they have defined themselves. Certain rules to protect the
environment, rules to protect the community, the social environment of the winery and the
people that work at the winery and also the economic interests of the farmers. I think all of those
are very important. I think we could do a lot better job of creating a law. May I ask a question?
This farm stand permit, do people have farm stand operating permits now? What standards, is
that based on....
SUPERVISOR RUSSELL: The first and I know someone mentioned, I think it was Albert,
there's actually two farm stands, several farm stands that had already been CO'd under the old
code, so they are permitted to live under the rules of the old code which is a little more
permissive. The new code, which is the 60/40 code, the new operations that you see, Lavender
Farm, Eight hands farm, they were all issued building permits and CO's based on the new code.
MR. SCHWARTZ: so in other words a farm stand operator permit that's referred to here is the
certificate of occupancy for a farm stand?
SUPERVISOR RUSSELL: What we are trying to do is create an avenue for people, it was
mentioned before about bona fide agriculture. What we tried to do is we are trying to define
something to provide an avenue down the road so people that are smaller or upstart operations
can get a foothold in the agriculture market. The problem is you need to be able to, again, bona
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Amendments to Chapter 280-4 Agriculture page 18
fide. I don't think you can be so broad that anybody can open up a farm stand. That is why there
is going to be a vetting with the Ag Advisory Committee. We have some, we have a little bit of
work to do on that, no doubt, but we figured we have to get something done.
MR. SCHWARTZ: Well, I think you need to clarify things like the farm stand operator permit
and you are not going to require all, are you going to require all farm stands to have certificate of
occupancies?
SUPERVISOR RUSSELL: That's an issue we are going to have to discuss.
MR. SCHWARTZ: You know, I don't think this is ready for consideration, for enactment yet.
SUPERVISOR RUSSELL: Thank you.
MR. SCHWARTZ: That's all.
SUPERVISOR RUSSELL: Thank you, Benja. Adam?
MR. SUPRENANT: Just a quick question. On the uses part of this code modification, is there a
timetable for that and are we close, Chris? Can we, are we able to move on that? Because it
seems to me to have definitions kind of hanging in the wind and I think this speaks to the last
speakers point,just hanging in the wind without actual, you know, he rightly kind of points out
there is a definition for a farm stand operators permit that is proposed legislation in another
round of code modification and so then, you know, something happens and that doesn't get done,
it just seems to me, I am just trying to figure out why this got handled as two separate pieces and
not as one package.
SUPERVISOR RUSSELL: Because they serve two separate functions. You just mentioned,
hanging in the wind, I think it's the exact opposite. Definitions, the whole purpose of definitions
is to make sure we are all speaking the same language. Once we agree on the language, what we
do is we go into the uses component. The definitions are the essential component to any code.
The whole purpose of this is so things aren't hanging in the wind. We look at definitions, we all
know who we are talking about when we say ag building, ag processing, not in the current code.
We need to change that.
MR. SUPRENANT: Yeah, but I guess my point is if we just are enacting definitions and then
we have no motivation to actually get to the uses or it happens, the code changes happen at a
glacial pace, what use is having definitions on the books if we are not, I asked if there was a
timetable, if there's legislation almost finished that's ready to be enacted.
SUPERVISOR RUSSELL: The Ag Advisory Committee has been working very hard on the
uses component, I know we have already had some meetings, code committee meetings. That's
a work in progress. That's going to be completed but they take time. You are talking about
substantial, fundamental changes to the code with the idea of updating the code because there are
so many rapid changes and I know Benja before said we really should have a group together that
defines agriculture. They have to meet every six months and redefine it because it changes that
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 19
quickly. The idea of the code is to say you know what? The old way isn't working, let's move
in a new direction, let's expand these uses. Let's do these things.
MR. SUPRENANT; But it's my understanding that the definitions and the uses, that code was
developed simultaneously by the Ag Advisory Committee and for some reason, a decision was
made to separate that out and I mean, I would just think you would pass the definitions and the
uses when they are both ready.
SUPERVISOR RUSSELL: I don't believe that the uses are ready. On top of that, you can't
really discuss uses until you agree on the terms and the definitions. The whole purpose here is to
lock down the definitions and then get into the uses section. We can talk about uses, we can talk
about processing as a use allowed on the farm but unless we are all in agreement or unless there
is a definitive understanding of what processing means, the uses component becomes jumble. I
think that's the problem in the past. That's why we have farm stand code in what seems to be
about 50 different sections of the code. The whole purpose- is to do away with that and the
contradictions and the ambiguity. Definitions is how you start with any good code, should start
with definitions.
MR. SUPRENANT: Thank you.
MR. SCHWARTZ: Scott, you know I love you, that's why I always come here to join you at the
meetings but I don't understand what you are talking about with this definitions create the, we
can't, yeah, we need to understand the words but when we use the words, we redefine them. The
context of their use will redefine those words. We should be looking at the whole pictures, not
part by part by part. I mean, I know we have at least one attorney on the Board, have they seen
the legislative intent?
SUPERVISOR RUSSELL: It has been reviewed.
MR. SCHWARTZ: It has been reviewed but it hasn't been revealed.
SUPERVISOR RUSSELL: This is the problem when you use definitions that aren't clear, that
aren't concise. You know, we have had a lot of problems historically and I haven't made it a
secret that the town code isn't adequate anymore for wineries and when he read a definition
before, it's so broad. Is that what we really envision a winery to be? The whole purpose is to
create definitions so that there is a clear understanding when we get into the uses section and we
say processing is a permitted use, we know what processing is. That's the basis of every code...
MR. SCHWARTZ: Well, you know you have got a little conflict when you say the definition of
agriculture is going to change every two weeks. We are involved in the legislative process here
and we have a definition of agriculture that's almost 40 years old. I don't think that the entire
field of agriculture is changing every two weeks. There's certain principles and I think we can
do better in defining certain types of agriculture and if we can, if we can incorporate certain
standards that are already out there, whether it be viticulturals or organic definition from the
federal government or local organizations that have imposed, self-imposed rules on themselves
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 20
and I think deserve some recognition and appreciation of that and maybe the rules should be a
little different for people who participate in such organizations. Maybe the town should look at
the rules that they, the farmers themselves are creating and see if the legislation could mirror that
and possibly help guide the other 50% of the grape growers that are not imposing the rules on
themselves. Thank you.
SUPERVISOR RUSSELL: I appreciate that. But sustainability, goals like that, they are the way
they chose to run their operation. I don't think we should mingle in their affairs, that's what
they want to do. Also, everybody throws that word sustainable farming out there, I have got to
be candid, everybody has been, well, most people have been farming in sustainable fashion for
years. I don't know that, you know, when you...
MR. SCHWARTZ: That's a very common(inaudible). Are you familiar...
SUPERVISOR RUSSELL: Yes, I am Richard Olson Harbinger, I believe pursued that, it's very
good. It's very noble. But I think that...
MR. SCHWARTZ: Inaudible.
SUPERVISOR RUSSELL: A lot of farmers have been good stewards whether they have that
moniker or not.
MR. SCHWARTZ: I am not saying they are not. Never said anything towards that point. What
I am saying is if they have a certified sustainable program, that there's some resemblance to a
legislated regulatory program and that maybe the purposes, can you tell me what the purposes of
the sustainable certifications are?
SUPERVISOR RUSSELL: I read about it and it's very interesting, reduction of pesticides and
all those things. It's very compelling but I don't know how I embody that in the code.
MR. SCHWARTZ: Well,the...
SUPERVISOR RUSSELL: I don't know that we should be.
MR. BAIZ: It's a matter for the DEC.
MR. COOPER: We are getting off topic.
SUPERVISOR RUSSELL: Yes.
MR. SCHWARTZ: I don't think so.
BOB VANBOURGONDIEN: Bob VanBourgondien, Peconic. I want to thank the Board for
finally moving forward on some of the definitions and hopefully we move forward at a faster
pace on the uses. I do have a problem which was stated a number of times, the words single use
three times. We need to finesse that a little bit, single means stand alone. Agriculture can't
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Amendments to Chapter 280-4 Agriculture page 21
stand alone. So we have to finesse that a little bit unless when we get to the uses, we work
around that word of single. That's one of the biggest things. Agriculture is moving at a quicker
pace than ever before. We have reinvented ourselves five or six times. A couple of members
have visited us, we were on Channel 12, that's the latest crop we have been growing. I don't
know what the latest crop in two or three years is going to be but it took five years to get to this
point, well, in five years, I will be five years retired. So I would like to see things move a little
bit faster. Thank you.
SUPERVISOR RUSSELL: Anybody else? Please.
MICHAEL HARKIN: Michael Harkin, my question is to bona fide, because I am a start up farm
and I am trying to get a farm stand through the building department but the problem they are
having with me is I don't have that$50,000 threshold but I am still plowing, I am still planting. I
am doing everything that would constitute a farm except for a number. So if you just, if you just
go and you say to yourself, you have got some students in school that are making A's, some B's
and some are failing, but they are all students. So what qualifies the word bona fide? Is it a
monetary figure or is it actions?
SUPERVISOR RUSSELL: What defines bona fide, well, at least seven acres and $10,000 in
gross sales or under seven acres, $50,000 in gross sales.
MR. HARKIN: So you are splitting it into two things?
SUPERVISOR RUSSELL: You are still allowed to farm.
MR. HARKIN: Can you have one without the other?
SUPERVISOR RUSSELL: No.
MR. HARKIN: Okay,but you are still allowed to farm but you, so what is the benefit of having
a$50,000 farm with a 5 acre grounds?
SUPERVISOR RUSSELL: NYS used to require at least 10 acres and at least 10 acres in gross
sales. That was the one standard for bona fide. NYS reduced it to seven acres, they allow
actually exemptions on smaller parcels. The reason they clicked it up to $50,000 was they are
trying to accommodate the high production facilities that need less land. Greenhouse operations,
maybe aquaculture if it ever gets built here, those types of deal. high value crops but on less
land. Originally they wouldn't qualify for exemptions but now they do because of that new
language.
MR. HARKIN: what if you don't, you understand there are the thresholds of the monetary
figures, but what if you don't ask for the exemptions. What if you are not asking for exemptions
but you are looking through the building department to get your project in order so you can get it
up and running but he wants to call it a residential when it's a 200 year old farm?
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 22
SUPERVISOR RUSSELL: I can appreciate that but there needs to be again a tipping point. You
need to have an operation, an agricultural operation to start moving through those retailing uses.
There needs to be a tipping point. The reason we use the $10,000 and seven or the under seven
and $50,000 because it was a basis at least for, through the real property tax exemption, through
NYS. There was a basis for that . We looked at how the state defined it and we thought, you
know, there needs to be a point where you are not allowed to have a stand yet until you produce
enough crops. And that was where that came from , you are allowed to have a roadside stand. In
order to get to a farm stand, you have to meet a threshold. We can't have people growing and
building farm stands everywhere and start defining it so liberally that anybody and everybody
can have one, I don't think that's good for agriculture or the community . So there needs to be
somewhere, a threshold. We choose that as a standard because it had already been established.
MR. HARKIN: Okay but you can have a roadside...
SUPERVISOR RUSSELL: Roadside stand. Would anyone else like to address the Town
Board?
COUNCILMAN RULAND: I would. A lot of people put a lot of time into developing the
proposal. one of the things that intrigues me and bothers me at the same time is a process like
this which is, somewhat of the culmination of it is tonight where we have a public hearing and
you get input from everyone who wants to speak, is that much of the input that you are getting
tonight would have been greatly appreciated somewhere previous tonight in developing language
in the code. It would probably help eliminate some ambiguity. But that is not the way the
process works. The process works the other way where we are developing, developing,
developing to a point where we are here tonight. And now people have raised a number of
questions and rightfully so. I think that's the part of dialogue is what's on your mind, tell us what
you think, tell us how it may or may not affect you and many people have said that. I think that
taking all that what has been said tonight, for me, how do i decide going forward, what is it we
going to do? Are we going to adopt it the way it is? taking some of the comments tonight and
say they are valid points, maybe we will have to make the changes and of course, if the changes
are major, if they are not minor, then we will back here at another time, we will back with
another hearing to rehear what's developed for the second time around. I appreciate everyone
that took the time to come tonight, i appreciate the comments that were made because people are
really telling us form their point of view how they view this and to me, that's very important.
Thank you.
SUPERVISOR RUSSELL: Would anyone else like to comment? (No response)
This hearing was closed at 9:02 PM
Southold Town Board Public Hearing
Amendments to Chapter 280-4 Agriculture page 22
SUPERVISOR RUSSELL: I can appreciate that but there needs to be again a tipping point. You
need to have an operation, an agricultural operation to start moving through those retailing uses.
There needs to be a tipping point. The reason we use the $10,000 and seven or the under seven
and $50,000 because it was a basis at least for, through the real property tax exemption, through
NYS. There was a basis for that . We looked at how the state defined it and we thought, you
know, there needs to be a point where you are not allowed to have a stand yet until you produce
enough crops. And that was where that came from , you are allowed to have a roadside stand. In
order to get to a farm stand, you have to meet a threshold. We can't have people growing and
building farm stands everywhere and start defining it so liberally that anybody and everybody
can have one, I don't think that's good for agriculture or the community . So there needs to be
somewhere, a threshold. We choose that as a standard because it had already been established.
MR. HARKIN: Okay but you can have a roadside...
SUPERVISOR RUSSELL: Roadside stand. Would anyone else like to address the Town
Board?
COUNCILMAN RULAND: I would. A lot of people put a lot of time into developing the
proposal. one of the things that intrigues me and bothers me at the same time is a process like
this which is, somewhat of the culmination of it is tonight where we have a public hearing and
you get input from everyone who wants to speak, is that much of the input that you are getting
tonight would have been greatly appreciated somewhere previous tonight in developing language
in the code. It would probably help eliminate some ambiguity. But that is not the way the
process works. The process works the other way where we are developing, developing,
developing to a point where we are here tonight. And now people have raised a number of
questions and rightfully so. I think that's the part of dialogue is what's on your mind, tell us what
you think, tell us how it may or may not affect you and many people have said that. I think that
taking all that what has been said tonight, for me, how do i decide going forward, what is it we
going to do? Are we going to adopt it the way it is? taking some of the comments tonight and
say they are valid points, maybe we will have to make the changes and of course, if the changes
are major, if they are not minor, then we will back here at another time, we will back with
another hearing to rehear what's developed for the second time around. I appreciate everyone
that took the time to come tonight, I appreciate the comments that were made because people are
really telling us form their point of view how they view this and to me, that's very important.
Thank you.
SUPERVISOR RUSSELL: Would anyone else like to comment? (No response)
This hearing was closed at 9:02 PM
Eli beth A.Neville
Southold Town Clerk
F�L�
ELIZABETH A.NEVILLE,MMC Q �Q� Town Hall,53095 Main Road
TOWN CLERK y:� P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS '* Fax(631)765-6145
MARRIAGE OFFICER ®�j► _ ®ems Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ��� �`1 www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 8, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chapter 280-4, Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond Lane in
Southold on April 25, 2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
a$�a-2?�
Elizabeth A. Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date: �'i s- 7
Signature, Received By
1 .4-2oLg�C Title: 44AIb fylG T. Gfc1e.
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
T �O�za TZLETZETE9 axxao SXN rnla LS =Zo LTOZ*ST -A1QW
®g�l�Fat
ELIZABETH A. NEVILLE,MMC ® �� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER �' ®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ��� �� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 8, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chapter 280-4,Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond Lane in
Southold on April 25, 2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
may F
Elizabeth A. Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
2� ' Date: ��
Signature, Rece ve y r
�j-k-/ Title:
Please print name
r
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
gvFfOL,�
ELIZABETH A.NEVILLE,MMC 0� c®ljy Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ,j► ®�. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK,
TOWN OF SOUTHOLD
May 8, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chapter 280-4, Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond Lane in
Southold on April 25, 2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
►Village of Greenport ►tel own of Shelter Island
-'rown of Riverhead Town of Southampton
luthold Town Planning Board L, 2 uthold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signature, Received By
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A.NEVILLE,MIMIC ®Q' MK.µ- `"' �°?� Town Hall,53095 Main Road
TOWN CLERK ,• P.O.Box 1179
Southold,New York 11971
' � ..;:
REGISTRAR OF VITAL STATISTICS w= " 10: Fak(631)•765-6145
MARRIAGE OFFICER ��, Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF TIED TOWN CLERK
TOWN OF SOUTHOLD
May 8,2017'
PLEASE TAKE NOTICE that the Town Board of the Town of Southold figs EXACTED the proposed Local Law
entitled:
A Local Law"in relation to Amendments to Chapter 280-4,Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond Lane in
Southold on April 25,2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Isla d,State,Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
�:'•� n Date:
Si nature,11Receive
Ito o Title: f+ r r
Pleasd print name
DUPLICATE TO BE SIGNED AND RE,T'URNI ED TO
SOUTHOLD TOWN CLERK
ELIZABETH A.NEVILLE,MMC ® �� Town Hall,53095 Mein Road
TOWN CLERKP.O.Box 1179
Southold,New York 11971
ft
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �,� �,� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 8,2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chapter 280-4, Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond Lane in
Southold on April 25,2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
� 1 Date: � 7
Signature,Received 9—y
L —
Title:( !"� �/ V I�`-�= G� Title: / ��U�_ &;7
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road
P.O.Box 1179
TOWN CLERK
Southold New York 11971
;
REGISTRAR OF VITAL STATISTICS -r ' 'r` '' Fax(631)765-6145
MARRIAGE OFFICERao�r Y "" Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
s
May 8,2017
;1
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law ;
entitled;
A Local Law in relation to Amendments to Chapter 280-4, Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond Lane in A
Southold on April 25, 2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments 3
cc; Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
r
Southold Town Building Department
4
Date*
Signature, l:ceeived By.
Title:
Please print name ��1G���
< + D RETURNED TO
DUPLICATE TO BE AN ,
SOUTHOLD TOWN CLERK
ELIZABETH A.NEVILLE,IVIMC ® r�ekTown Hall,53095 Main Road
21
TOWN CLERK r P.O.Box 1179
_ Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER .� '8TTelephone(631)765-1800
RECORDS MANAGEMENT OFFICER > www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 8,2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chapter 280-4, Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond Lane in
Southold on April 25, 2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
ajaw?2?�'
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signature, Receive 4_By��
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
0511112617 13:33 6317493436 S I TOWN CLERK PAGE 61
�A1�FaL�►
ELIZABETH A, NEVILLE,MMC � Town Hall,53695 Main Road
TOWN CLERXC ` P.O.Box 1179
REGISTRAR OF VITAL STATISTICS �It Southold,New York 11971
++� Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER •i)�1www.southoidtowrmy.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK RECEIVED
TOWN OF SOUTHOLD
May 8, 2017 MAY 1 1 2017
Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of thu Town of Southold has ENACTED the proposed Local Law
entitled:
A Local law in relation to Amendments to Chapter 280-4, Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond bane in
Southold on April 25, 2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
Elizabeth A. Neville
Town Clerk
Attachments
cc: Suffolk Cc)unty Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Signature, Re ived
_ .._. Titles
Please print twat
DUPLICATE TO BE SIGNED AND RETUIiNED TO
SOUTI10LD TOWN CLERK
ELIZABETH A.NEVILLE,MMC NNISIVTown Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
p", .
Southold,New York 11971
Fax(631)765-6145
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER 'may. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER 'N.� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 8, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chapter 280-4, Agriculture
and
A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Ackerly Pond Lane in
Southold on April 25,2017
Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you.
Elizabeth A,Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
�kj ' Date:. . '] ,t�►�
Signa r-c, Received By f
Title:® ,�l a�r .,.{f.d
Plea—se print name r
DUPLICATE TO BE SIGNED AND RETURNED TO
SOU'1 HOLD TOWN CLERK
Rudder, Lynda
From: Rudder, Lynda
Sent: Thursday, May 11, 2017 12:35 PM
To: Bunch, Connie; Cantrell, Elizabeth; Fuentes, Kim; Glew, Claire; Kelly Zegers; Lanza,
Heather; Michaelis,Jessica; Neville, Elizabeth; Norklun, Stacey; Nunemaker,Amanda;
Riverhead Town Clerk; Shelter Island Clerk; Southampton Town clerk; Sylvia Pirillo;
Verity, Mike;Webster, Kevin
Subject: Enactment of Local Laws
Attachments: nta II_20170511112648.pdf
Please sign and send back the attached acknowledgement,thank you.
1
O�F�®2�►C
ELIZABETH A. NEVILLE,MMC ®� ® Town Hall,53095 Main Road
TOWN CLERK a� � P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 0 ® Fax(631)765-6145
MARRIAGE OFFICER qo 0�. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 8, 2017
Express Mail ---—_-_--18 6 2 4 8 U S
RE: Local Law No. 5 - 6 of 2017
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 5 - 6 of 2017 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 5 of the year 2017 .
A Local Law entitled,A Local Law in relation to Amendments to Chapter 280-4,Agriculture
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
§280-4. Definitions.
AGRICULTURE-The production,keeping or maintenance, for sale, lease or personal use, of plants and
animals,useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products;poultry and poultry products; livestock, including beef cattle, sheep, swine,horses,ponies,
mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such
animals; bees and apiary products; fur animals; fruits of all kinds, including grapes,nuts and berries, vegetables;
floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management
program.
AGRICULTURAL PRODUCTION- For the purposes of this Chapter, Agricultural Production shall include,
but not be limited to,the following:
1. A Farm Operation engaged in the production for sale of crops, livestock or livestock products,by a
bona fide farm operation, or bona fide aquaculture/mariculture farm operation,both as defined herein,
which shall include but not be limited to:
a. Field crops, for example corn, wheat, oats, rye,barley,hay,potatoes and dry beans;
b. Fruits, for example apples,peaches, grapes, cherries, tomatoes and berries;
C. Vegetables, for example snap beans, cabbage, carrots,beets and onions;
d. Horticultural specialties, for example nursery stock, ornamental shrubs, ornamental trees
and flowers;
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.05/05)
1
e. Livestock and livestock products, for example cattle, sheep, hogs, goats,horses,poultry,
ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur-
bearing animals,milk, eggs and furs;
f. Maple sap;
g. Christmas trees derived from a managed Christmas tree operation whether dug for
transplanting or cut from the stump;
h. aquaculture and mariculture as defined herein;
i. Biomass,which means crops raised for bioenergy, and shall include,but is not limited
to, farm woodland, switch grass, giant reed, and miscanthus.
j. Apiary, including the cultivation of bee colonies,bee honey,beeswax, and related products;
AGRICULTURAL PRODUCTION BUILDING -An on farm operation building, or part of a building,
primarily useful or necessary for crops in their harvested state in the conduct of Agricultural production,
including but not limited to barns, silos, storage of mechanical equipment,,storage of harvested crops, spaces,
accessory alternative energy structures, animal pens, and other shelters.
AGRICULTURAL PROCESSING-The on-farm processing of agricultural products at and from a single
farm operation located within the Town of Southold, which has been converted from its original (raw) state
into a processed or prepared product through applications of cooking, distilling, fermenting, crushing, or
straining, etc. Such processed agriculture products include,but are not limited to,jams,jellies, cheeses,
potato chips,jerkies,meats, fowl, fish,breads, and baked goods, beer,wine and distilled alcoholic and
non-alcoholic beverages.
AGRICULTURAL PROCESSING BUILDING- An on farm operation building, or part of a building,used
for processing and storage of agricultural products of a single farm operation into processed agricultural
products as defined herein.
PROCESSED AGRICULTURAL PRODUCT -Agricultural product which has been converted from its
original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and
straining. Examples of processed agricultural product include, without limitation,jams,jellies, cheeses,
potato chips,meats, fowl, fish,wine and other alcoholic beverages. Simple washing, cleaning, arranging
or packaging of agricultural products shall not cause the product to be considered"processed"under this
definition.
ON FARM OPERATION DIRECT MARKETING-The sale of raw or processed agricultural products that
are produced by a bona fide farm operation or a bona fide aquaculture/mariculture farm operation directly
to consumers.
ON FARM DIRECT MARKETING BUILDING - An on farm building, or part of a building,used for the
direct farm marketing of agricultural products and agricultural processed products from a single farm operation.
FARM OPERATION- Means the land, including underwater lands used in aquaculture and mariculture,
buildings used in agricultural production, on-farm agricultural processing buildings, on farm direct marketing
buildings, equipment,manure processing and handling facilities, and practices which contribute to the
cultivation,production,preparation,processing and marketing of crops, livestock and livestock products,
freshwater or marine water products, including fish, fish products, and/or water plants and shellfish, as a
commercial enterprise. The farm operation may consist of one or more parcels of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.
BONA FIDE FARM OPERATION- Indicators of a bona fide farm operation include, a farm
2
l 1
operation, as defined herein,that:
1. Is located on land with not less than seven acres of land used as a farm operation in the
preceding two years for the production or sale of crops,livestock or livestock products, of
an average gross sales value of$10,000 or more, or
2. Is located on land of seven acres or less used as a farm operation in the preceding two years
for the production or sale of crops, livestock or livestock products of an average gross sales
value of$50,000 or more, or
3. Has been issued a farm stand operator permit.
FARMHOUSE -A principal dwelling on a Farm Operation used exclusively by a farmer/owner/operator who
is in full time residence and actively engaged in farming the lands of the farm operation, or as housing for the
Farm Operation's workers, or occupied by key employee(s) of the Farm Operation.
AQUACULTURE-The breeding, cultivation,planting, containment, and harvesting of organisms that are
naturally occurring in freshwater, including finfish;mollusks such as snails and clams; crustaceans such as
shrimp and crayfish; and aquatic plants. The term"aquaculture"is also commonly used to include marine
water, or maricultured, species such as oysters,bay scallops, lobsters , and sugar kelp.
LAND-BASED AQUACULTURE -The cultivation of marine and freshwaters organisms in a man-
made structure, such as an on-land building or pond.
MARICULTURE -The cultivation of marine organisms in saltwater, for example finfish; mollusks such
as snails, oysters, and clams; crustaceans such as shrimp, crabs, and lobsters; and marine plants such as sugar
kelp.
BONA FIDE AQUACULTURE/MARICULTURE FARM OPERATION - Indicators of a bona fide
aquaculture/mariculture farm operation include, a farm operation, as defined herein, engaged in aquaculture
and/or mariculture that:
1. Has obtained all commercial cultivation and harvest permits required by the New York State
Department of Environmental Conservation Law and a permit from either the New York State
Department of Agriculture and Markets or the Suffolk County Department of Health Services
when the farm stand offers on-premises consumption, and
2. Has access to underwater land, including,but not limited to, a lease,riparian rights, a grant, fee
title to underwater land, or a franchise within the Peconic Bay Estuary or Town waters, or has
land-based cultivation infrastructure.
ROADSIDE STAND- A display area less than 100 square feet in area located on a parcel on which
fruits, vegetables or plants are home grown and sold to the general public.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
3
i'
(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. 5 of 20 17 . of the
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on April 25 ,20 17 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20___,and was(approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,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.
4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20
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 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No of 20
of the County of State of New York,having been submitted to the electors
at the General Election of November 20 ,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 cities 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 ,above.
Clerk oft County legislative body. City.Town or
(Seal) Village Clerk or officer designated by local legislative body
Elizabeth A.Neville,Town Clerk
Date: April 28,2017
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
William Duffy,Town Attorney
Damon Hagan,Assistant Town Attorney
Title
Gity
Town of SOUTHOLD
Date: April 28,2017
5
Reso 2017-357
SUMMARY OF LL/AMENDMENT TO CHAPTER 280
"Zoning"
THE PROPOSED LOCAL LAW WHICH IS BEING CONSIDERED FOR
ENACTMENT THIS AFTERNOON PROPOSES TO AMEND CHAPTER 280 OF
THE TOWN CODE ENTITLED "ZONING."
THE PURPOSE OF THE AMENDMENT IS TO CLARIFY THE DEFINITIONS OF
AGRICULTURAL TERMS CONTAINED IN CHAPTER 280-4 OF THE TOWN
CODE.
SPECIFICALLY, IF ADOPTED, THE AMENDMENT WOULD ELIMINATE
SOME ANTIQUATED TERMS AND ADD TERMS THAT IDENTIFY THE
DIFFERENT USES AND STRUCTURES THAT MAKE UP A MODERN
AGRICULTURAL OPERATION.
SOME OF THE PROPOSED TERMS INCLUDE DEFINITIONS FOR:
"FARMHOUSE," "FARM OPERATION," "AGRICULTURAL PROCESSING,"
"PROCESSED AGRICULUTRAL PRODUCT," "AGRICULTURAL PROCESSING
BUILDING," "AGRICULTURAL PRODUCTION," "AGRICULTURAL
PRODUCTION BUILDING," "ON FARM DIRECT MARKETING," " AND "ON
FARM DIRECT MARKETING BUILDING."
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S
WEBSITE
�oYn • rayr,M
Awend C'eery
Long Island Farm Bureau is a membership association of over 3,500 farmers, fishermen,
agribusiness professionals and individual community members interested in a rural quality of
life.
Southold has a rich history of supporting agriculture in the town; evidenced by the fact that
agriculture continues to be a leading economic driver in Southold and provides the scenic
background for your rural quality of life.
Long Island Farm Bureau supports the efforts put forth by the Agricultural Advisory Committee
to establish definitions about agriculture in the town code. Changes and updates to the code are
necessary to clarify the terminology used to describe the types of farm operations, the current
agricultural production activities and ensure that farm operations are selling local products.
However, we are concerned about recent overly restrictive language added in three of the
proposed definitions as seen in the Suffolk Times. The disruptive changes are in the definitions
of agricultural processing, agricultural processing building and on farm direct marketing
building. The final draft of definitions that was presented by the Agricultural Advisory
Committee is not the same draft that was presented to the public in the press. This language does
not correlate to the current agriculture practices in Southold town and when the permitted uses
section of the code is passed, could put many preexisting bonafied farm operations into violation
of town code.
Farmers sell the majority of what they grow,but it is a standard practice for them to supplement
with other products from other local growers. A definition that states farmers can only sell
products at their farmstand"from a single farm operation" is overly restrictive.
In order for agriculture to survive, it is critical that farming remains economically viable. The
proposed Farm Code should acknowledge how agriculture continues to evolve and move towards
direct farm marketing such as on farm processing and value added products. As farmers generate
better returns on their crops from retail sales, it is imperative we provide avenues to operate their
businesses in the most profitable ways.
We are very concerned if this code passes as written with these new changes in place. Long
Island Farm Bureau recommends that the definitions be reverted to the recommendations of the
Ag Advisory Committee or be tabled until these definitions are fixed.
r JAL
MAILING ADDRESS:
PLANNING BOARD MEMBERS �®®� so P.O.Box 1179
DONALD J.WILCENSKI ®�®� ®�® Southold,NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY 54375 State Route 25
JAMES H.RICH III �� ® a® (cor. Main Rd. &Youngs Ave.)
MARTIN H.SIDOR 'SCO � Southold, NY
9
Telephone: 631765-1938
www.s outholdtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM RECEIVED
To: Elizabeth A.Neville,Town Clerk APR 7 2017
Scott A. Russell, Supervisor
Members of the Town Board Southold Town Clerk
From: Donald J. Wilcenski, Chairman
Members of the Planning Board
Date: April 5, 2017
Re: Resolution#'s 2017-215 &221, "A Local Law in Relation to Chapter 280-4
Definitions related to Agriculture
Thank you for the opportunity to review the proposed changes to Chapter 280-4 Definitions
relating to agriculture. The Planning Board notes that the definitions take a step towards
providing equity among different types of farming in terms of direct marketing and activities that
are allowed on farms. For example, the definition for an"agricultural processing building" is the
same for any type of processing, whether it be grapes into wine, or berries into pies.
To determine the impacts of these new definitions,the future changes to the `Use regulations'
sections of the zoning districts will need to be proposed and evaluated. If these definitions are
added to Chapter 280-4 prior to their being added to the use regulations,there is some potential
for them to have an impact because they will conflict with existing Chapter 72, and questions
about which definition prevails will certainly occur. In addition, because the use regulations
already contain the permitted use of agriculture,there may be an unintentional and immediate
implementation of the new definitions, depending on how they are interpreted by Town
departments.
Concerning the new definitions, the Planning Board identified several areas where clarifications
will be useful. These ideas for clarification will benefit from discussion, so the recommendation
is for a code committee meeting to fine-tune the clarity and brevity of these definitions.
A larger concern,however, is that these definitions,treat a farm stand and a winery tasting room
the same by placing them both under the definition of an `on-farm direct marketing building'.
These uses have different impacts and must be treated differently to protect public safety and
quality of life.
( r.
Agriculture Definitions&Request to Update Town Code for Wineries(continued)
The Planning Board respectfully requests that the Town Board take immediate action to amend
and clarify the Town Code with respect to wineries. The farm winery industry has evolved since
the adoption of the code sections that address wineries. This evolution, along with changes to the
guidelines by the NYS Department of Agriculture and Markets regarding farm wineries, as well
as the relaxation of licensing rules for farm wineries by the NYS Liquor Authority,has led to an
increase in the variety of proposals presented to the Planning Board.
It is the opinion of the Planning Board that the Town Code has failed to evolve with the industry
and provides little guidance to the Planning Board when reviewing winery applications. This has
not only impacted the Planning Board's ability to process site plans for wineries; it has also
impacted the workload of the Zoning Board of Appeals as applicants seek variances, and the
Planning Board seeks code interpretations.
The Planning Board recognizes that wineries are a significant and valuable asset in Southold
Town; they provide good jobs and help agriculture remain a viable industry. Updating the Town
Code will improve the review process,provide clarity and certainty to vineyard and winery
owners, while also enhancing public safety and the quality of life of town residents.
Set forth below in greater detail is a list of issues the Planning Board recommends be addressed
in a code update for wineries. To ensure the list of issues is comprehensive, the Planning Board
recommends a meeting with the Town Board and representatives from all relevant town
departments to identify all that needs to be addressed in the code regarding wineries,vineyards
and their related uses.
The Planning Board is currently processing more winery applications at one time than ever
before. Updating our Town Code to address the vineyard/winery business as it is evolving must
be a priority for the Town. The residents of the Town need an updated code to protect their
quality of life, and vineyard and winery owners need better code to provide clarity in the permit
process. The Planning Board and other Town departments need an updated code to help guide
decision-making for new wine-related businesses: It is an urgent situation that needs quick
action.
Thank you for your consideration.
2
Agriculture Definitions&Request to Update Town Code for Wineries(continued)
Outline of issues related to wineries recommended to be addressed in a Town Code update:
1. Current Town Code
a. Wineries are a permitted use under Town Code §280-13 A(4), and there is further
definition in this section:
`Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine made from primarily
Long Island grapes is produced and sold; _
(b) The winery shall be on a parcel on which at least 10 acres are devoted to
vineyard or other agricultural purposes, and which is owned by the winery
owner;
(c) The winery structures shall be set back a minimum of 100 feet from a major
road; and
(d) The winery shall obtain site plan approval.
b. There is no definition of the different terms that are used when discussing a winery,
including: "winery, " "wine production,""tasting"'or"tasting room" in the Town
Code., §280-4 Definitions (B)provides guidance for finding the definition to be used
by the Town:
`...Any word or term not noted below shall be used with a meaning as defined in. '
The Town Code states the definition contained in Webster's Third New International
Dictionary of the English Language, unabridged(or latest edition) shall be used when a
word or term is not defined in section 280-4 of the Town Code. In many cases,the Webster's
definition is of little help. For example, Webster's simply defines a"Winery" as "a building
or structure where wine is made."
2. One question the Planning Board is increasingly facing is what constitutes wine-making and
what level of wine-making must be present for a building to be considered a winery.
At their public meeting on December 5, 2016,the Planning Board heard testimony that a
winery is present when the following is true:
a. Wine in bottles are stored on site(because wine is still being"made" in the bottle as it
ages), or
b. Wine fermenting in barrels are stored on site(with no other typical wine-making
amenities such as a lab, crushing pad, separate septic system for process water).
Clarifications requested:
• What specific activities must be present for a building to be considered a winery? Some
activities noted on past site plan applications:
3
Agriculture Definitions&Request to Update Town Code for_Wineries(continued)
o Crushing Pad
o Lab
o Drain for process water
o Separate septic system for process water
o Tanks for fermentation
o Barrel fermentation area
o Case storage
o Bottling
• Is there a minimum quantity of wine that must be made on site for a building to be
considered a winery under Southold Town Code?
• For wine to be sold on site, is there any connection that must exist between the amount of
wine made on site and the total amount of wine sold? For example, if the site only makes
one barrel of wine a year, and all the rest is made off-site, is that a winery use allowed by
the Town Code? See"wine-tasting"below.
• A useful tool might be to connect the amount of wine produced on site with the size of
the building permitted. The amount of wine produced could be a general range and have
allowances for occasional crop failure.
• The concern is that the Town will see a proliferation of over-sized commercial buildings
on agricultural/residentially-zoned land that might not be supported by the agricultural
use. Will future owners of large winery buildings have to resort to catering many events
to make ends meet? Will these buildings become code enforcement issues over time as
investors attempt to make back their investments in the buildings and the land by
engaging in uses that are not allowed in zoning?Examples of this already exist in the
Town. Is there any way to prevent this through better legislation? How many acres of
grapes are needed to support a winery and tasting room? Should there be a relationship
between the acres of grapes being grown and the size of winery and/or tasting room
building? Should there be a maximum size for winery buildings and/or tasting rooms?
The lot coverage maximum is not adequate to serve this purpose because it allows
buildings to be as large as 20% of the parcel size.
• Is an educational component about the wine itself required to be provided to those tasting
the wine?
• What separates wine tasting from a drinking establishment?
3. Where does wine-tasting or a tasting room fit in with the current code?
4
Agriculture Definitions&Request to Update Town Code for Wineries(continued)
• Is wine-tasting or a tasting room part of the principal use? (Town code says a winery is a
place where wine is produced and sold). See Town Code §280-13 A(4) above.
• Is wine-tasting or a tasting room an accessory use? See Town Code §280-13 C (10)
below:
Wineries may have an accessory gift shop on the premises which may sell items
accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and
display of wine, books on winemaking and the region and nonspecific items bearing the
insignia of the winery. Wineries may not have a commercial kitchen as an accessory use
but may have a noncommercial kitchen facility for private use by the employees.
• If wine-tasting or a tasting room is an accessory use,what proportion of a building must
be devoted to wine-making for the winery to be considered the principal use? Or must
there be a relationship between the amount of wine made on site and the amount of wine
sold on site for the winery to be considered the principal use of the building?
• Wineries may not have a commercial kitchen as an accessory use but may have a
noncommercial kitchen facility for private use by the employees. It has been observed
that an increasing number of wineries are having food trucks and other food vendors sell
food to its customers. Does selling food increase the likelihood that visitors to the winery
will stay longer and drink more? What effect does this have on other food establishments
in the town? Should food trucks be addressed in site planning or at all or do we leave it to
market forces?
• The code also needs to address situations where the winery is in a separate building from
the wine-tasting.
4. Currently,the code does not require any grapes be grown on site for a winery use to be
permitted. Should there be a requirement for a minimum amount of land area in
vineyard/grape production for a winery to be permitted? Should a winery be site planned
prior to the vineyard being planted? It makes sense to plan the site to ensure a future winery
is site in the best location,however should the building be allowed to be constructed prior to
any vines being planted?
5. Should there be a limit on the number of accessory uses permitted at a winery.
6. Should there be some allowance for a small tasting room for a vineyard of some minimum
size,without the presence of a winery? If so what are the parameters? Acres of vineyard, size
of building, number of vehicles on site,building occupancy, outdoor occupancy, size of
weddings and other special events.
7. Should there be a requirement for certain minimum infrastructure to be present for new
wineries? Infrastructure could include a major road with clear sight lines for driveways, or at
5
r Agriculture Definitions&Request to Update Town Code for Wineries(continued)
least a public street with-minimum paved width, especially for the larger wineries with public
tasting rooms that can attract hundreds of patrons at one time.
8. Should the required 100' setback from amajor road be expanded to other types of roadways?
9. Should there be a minimum distance, setback or buffers required to preserve the quality of
life from existing residential neighborhoods or residential zoned properties much like
transition buffers required between commercial and residential uses?
10. The Planning Board recommends that parking requirements for wineries be,adopted.
11. The occupancy of the winery use is often under-calculated because occupancy is generally
applied to the building, and ignores the outdoor spaces. Most wineries, however,have
outdoor serving and seating areas that accommodate many more people than the building,
and these areas are not addressed in the code with respect to parking, septic systems and
number of bathrooms. A lack of sufficient on-site parking and bathrooms causes adverse
impacts to the surrounding area. To better plan these uses,the Planning Board needs a better
process in the code that could account for total site occupancy including the outdoor area.
12. The Planning Board also recommends the adoption of regulations to help preserve viewsheds
along the Scenic Corridors of NYS Rt. 25 and CR 48 when siting new buildings.
13. Correct the oversight in the code language for wineries in the Light Industrial (LI) zone
which requires wineries to have retail sales,where retail sales are otherwise prohibited in the
LI zone.
14. The Planning Board is also processing brewery and distillery applications that are not
specifically contemplated in the Town code and share some of the definition and site
planning challenges of wineries. Consider adopting regulations that identify and define how
and where uses including breweries, distilleries, cideries, and related uses may occur.
6
Southold Town Board- Letter Board Meeting of April 11, 2017
RESOLUTION 2017-357 Item# 5.44
off yaa TABLED DOC ID: 12951
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-357 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 11, 2017:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 28th day of February, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280-4, Agriculture." and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard,Now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 280-4,Agriculture"
reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-4,
A14riculture".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§280-4. Definitions.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of
plants and animals useful to man, including but not limited to forages and sod crops; grains and
seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof,
including the breeding and grazing of any or all of such animals; bees and apiary products; fur
animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and
greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURAL PRODUCTION - For the purposes of this Chapter, Agricultural Production shall
include, but not be limited to, the following:
1. A Farm Operation engaged in the production for sale of crops, livestock or livestock
products, by a bona fide farm operation, or bona fide aquaculture/Mariculture farm
operation both as defined herein, which shall include but not be limited to:
Generated April 12, 2017 Page 54
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Southold Town Board - Letter Board Meeting of April 11, 2017
a. Field crops, for example corn, wheat, oats, rye, barley, hay, potatoes and
dry beans;
b. Fruits, for example apples, peaches, grapes, cherries, tomatoes and berries;
C. Vegetables, for example snap beans, cabbage, carrots, beets and onions;
d. Horticultural specialties, for example nursery stock, ornamental shrubs,
ornamental trees and flowers;
e. Livestock and livestock products, for example cattle, sheep, hogs, goats,
horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer,
farmed buffalo, fur-bearing animals, milk, eggs and furs;
f. Maple sap;
g. Christmas trees derived from a managed Christmas tree operation whether
dug for transplanting or cut from the stump;
h. Aquaculture and Mariculture as defined herein;
i. Biomass, which means crops raised for bioenergy, and shall include, but is
not limited to, farm woodland, switch grass, giant reed, and miscanthus.
j. Apiary, including the cultivation of bee colonies, bee honey, beeswax, and
related products;
AGRICULTURAL PRODUCTION BUILDING - An on farm operation building or part of a
building primarily useful or necessary for crops in their harvested state in the conduct of
Agricultural production including but not limited to barns silos storage of mechanical equipment,
storage of harvested crops spaces accessory alternative energy structures animal pens, and other
shelters.
AGRICULTURAL PROCESSING -The on-farm processing of agricultural products at and
from a single farm operation located within the Town of Southold which has been converted from
its original (raw) state into a processed or prepared product through applications of cooking,
distilling, fermenting crushing or straining etc Such processed agriculture products includes
but are not limited to jams, jellies, cheeses potato chips j erkies meats, fowl, fish breads, and
baked goods beer, wine and distilled alcoholic and non-alcoholic beverages.
AGRICULTURAL PROCESSING BUILDING - An on farm operation building or part of a
building used for processing and storage of agricultural products of a single farm operation into
processed agricultural products as defined herein.
PROCESSED AGRICULTURAL PRODUCT - Agricultural product which has been
converted from its original state into a distinct product by techniques such as cooking, distillation
fermentation crushing and straining.Examples of processed agricultural product include,
without limitation jams, jellies, cheeses potato chips meats fowl fish, wine and other alcoholic
beverages Simple washing cleaning arranging or packaging of agricultural products shall not
cause the product to be considered "processed"under this definition.
ON FARM OPERATION DIRECT MARKETING - The sale of raw or processed agricultural
products that are produced by a bona fide farm operation or a bona fide aquaculture/Mariculture
farm operation directly to consumers.
Generated April 12, 2017 Page 55
Southold Town Board - Letter Board Meeting of April 11, 2017
ON FARM DIRECT MARKETING BUILDING -An on farm building, or part of a building,
used for the direct farm marketing of agricultural products and agricultural processed products
from a single farm operation.
FARAI A site or series of adjoining par-eels under- single evaier-ship or management devoted to
agr-ie ,l+„ .,1
silos,ineluding but not limited to bams, animal pens e
meehanical equipment storage sheds,
other shelters-.
wheels,FARA4 STAND Any stfuetufe open to the weather on at least one side, used for the sole purpose
of retail sale of produee grown by the ow-ner of the stand on fam aereage within the Town a
Southold. Sueh struetwe may be one story or less, reefed or have pal4ial walls and floor-ing b
may not be eempletely enelosed emeept when the business is elosed. A farm stand may not be
insulated or meehanieally heated or eeeled by permanent equipment. Atfuek bed or t-railer-ofl.
with areas in excess of 20 square feet displaying preduee,
shall be eonsider-ed a farm
stand. [Added 5 13 1997 by L.L. No 4 1 99 7]
FARM OPERATION -Means the land including underwater lands used in aquaculture and
Mariculture buildings used in agricultural production on-farm agricultural processing buildings,
on farm direct marketing buildings equipment manure processing and handling facilities, and
practices which contribute to the cultivation production preparation processing and marketing
of crops livestock and livestock products freshwater or marine water products, including fish,
fish products and/or water plants and shellfish as a commercial enterprise. The farm operation
may consist of one or more'parcels of owned or rented land which parcels may be contiguous or
noncontiguous to each other.
BONA FIDE FARM OPERATION - Indicators of a bona fide farm operation include, a farm
operation as defined herein, that:
1. Is located on land with not less than seven acres of land used as a farm operation
in the preceding two Years for the production or sale of crops livestock or livestock
products of an average gross sales value of$10,000 or more, or
2. Is located on land of seven acres or less used as a farm operation in the preceding
two years for the production or sale of crops livestock or livestock products of an
average gross sales value of$50,000 or more, or
3. Has been issued a farm stand operator permit.
FARMHOUSE -A principal dwelling on a Farm Operation used exclusively by a farmer/owner/
operator who is in full time residence and actively engaged in farming the lands of the farm operation,
or as housing for the Farm Operation's workers or occupied by key employee(s) of the Farm Operation.
AQUACULTURE - The breeding, cultivation,planting, containment, or and harvesting of pr-Oduets
Generated April 12, 2017 Page 56
Southold Town Board - Letter Board Meeting of April 11, 2017
organisms that are naturally predueed occurring in freshwater ei#s,ale
including finfishi;shellfish mollusks such as snails and clams; crustaceans such as shrimp and
crayfish; and seaweed aquatic plants. The term"aquaculture" is also commonly used to include
marine water, or Maricultured species such as oysters bay scallops lobsters and sugar kelp.
LAND-BASED AQUACULTURE - The cultivation of marine and freshwaters organisms in a
man-made structure such as an on-land building or pond. Any fenn of aVaeultufe that does n
take plaeo in a natural bedy eff water-or-marine enviromnent.
MARICULTURE The cultivation of marine organisms in saltwater, for example finfish;
mollusks such as snails oysters and clams; crustaceans such as shrimp crabs and lobsters;
and marine plants such as sugar kelp.
BONA FIDE AQUACULTURE/MARICULTURE FARM OPERATION - Indicators of a
bona fide aq_uaculture/Mariculture farm operation include a farm operation as defined here
engaged in aquaculture and/or Mariculture that:
1. Has obtained all commercial cultivation and harvest permits required by the New
York State Department of Environmental Conservation Law and a permit from either
the New York State Department of Agriculture and Markets or the Suffolk County
'Department of Health Services when the farm stand offers on-premises consumption,
and
2. Has access to underwater land including but not limited to a lease riparian rights,
a grant fee title to underwater land or a franchise within the Peconic Bay Estuary or
Town waters or has land-based cultivation infrastructure.
ROADSIDE FARA4 STANDorAGRICULTURA1. STAND - A booth, stall or display area
exeee ing cn less than 100 -50 square feet in area located on a farm parcel on fry which
agriE fruits veg ables or plants are home grown and sold to the
general public.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
Generated April 12, 2017 Page 57
Southold Town Board - Letter Board Meeting of April 11, 2017
RESULT: TABLED [UNANIMOUS] Next: 4/25/2017 4:30 PM
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr,Ruland, Doherty, Ghosio, Evans, Russell
Generated April 12, 2017 Page 58
Reso 2017-357
SUMMARY OF LL/AMENDMENT TO CHAPTER 280
"Zoning"
THE PROPOSED LOCAL LAW WHICH FOR WHICH A PUBLIC HEARING IS
BEING HELD THIS EVENING PROPOSES TO AMEND CHAPTER 280 OF THE
TOWN CODE ENTITLED "ZONING."
THE PURPOSE OF THE AMENDMENT IS TO CLARIFY THE DEFINITIONS OF
AGRICULTURAL TERMS CONTAINED IN CHAPTER 280-4 OF THE TOWN
CODE.
SPECIFICALLY, IF ADOPTED, THE AMENDMENT WOULD ELIMINATE
SOME ANTIQUATED TERMS AND ADD TERMS THAT IDENTIFY THE
DIFFERENT USES AND STRUCTURES THAT MAKE UP A MODERN
AGRICULTURAL OPERATION.
SOME OF THE PROPOSED TERMS INCLUDE DEFINITIONS FOR:
"FARMHOUSE," "FARM OPERATION," "AGRICULTURAL PROCESSING,"
"PROCESSED AGRICULUTRAL PRODUCT," "AGRICULTURAL PROCESSING
BUILDING," "AGRICULTURAL PRODUCTION," "AGRICULTURAL
PRODUCTION BUILDING," "ON FARM DIRECT MARKETING," " AND "ON
FARM DIRECT MARKETING BUILDING."
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S \
WEBSITE
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has beenresented to the Town Board of the Town of
Southold, Suffolk County,New York, on the 28t day of February, 2017, a Local Law entitled
"A Local Law in relation to Amendments to Chanter 280-4, Alzriculture." and
NOTICE IS HERENY 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,,53095 Main Road,
Southold,New York, on the 11th day of April,2017 at 7:31 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-
4,Astriculture" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-4,
Agriculture".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§280-4. Definitions.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of
plants and animals useful to man, including but not limited to forages and sod crops; grains and
seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof,
including the breeding and grazing of any or all of such animals; bees and apiary products; fur
animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and h/
greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURAL PRODUCTION - For the purposes of this Chapter, Agricultural Production shall
include but not be limited to, the following:
1. A Farm Operation engaged in the production for sale of crops, livestock or livestock
products, by a bona fide farm operation, or bona fide aquaculture/Mariculture farm
operation both as defined herein, which shall include but not be limited to:
a. Field crops, for example corn, wheat, oats, rye, barley, hay,potatoes and
dry beans;
b. Fruits, for example apples,peaches, grapes, cherries, tomatoes and berries;
C. Vegetables, for example snap beans, cabbage, carrots, beets and onions;
d. Horticultural specialties, for example nursery stock, ornamental shrubs,
ornamental trees and flowers;
e. Livestock and livestock products, for example cattle, sheep, hogs, goats,
horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer,
farmed buffalo, fur-bearing animals, milk, eggs and furs;
f. Maple sap;
g. Christmas trees derived from a managed Christmas tree operation whether
I �
,q, a
dug for transplanting or cut from the stump;
h. Aquaculture and Mariculture as defined herein;
i. Biomass, which means crops raised for bioenergy, and shall include,but is
not limited to, farm woodland, switch grass, giant reed, and miscanthus.
j. Apiary, including the cultivation of bee colonies, bee honey, beeswax, and
related products;
AGRICULTURAL PRODUCTION BUILDING - An on farm operation building, or part of a
building_primarily useful or necessary for crops in their harvested state in the conduct of
Agricultural production including but not limited to barns silos storage of mechanical equipment,
storage of harvested crops spaces accessory alternative energy structures animal pens, and other
shelters.
AGRICULTURAL PROCESSING - The on-farm processing of agricultural products at and
from a single farm operation located within the Town of Southold, which has been converted from
its original (raw) state into a processed or prepared product through applications of cooking,
distilling fermenting crushing or straining etc Such processed agriculture products include,
but are not limited to, jams,jellies cheeses potato chips jerkies meats fowl fish, breads, and
baked goods beer, wine and distilled alcoholic and non-alcoholic beverages.
AGRICULTURAL PROCESSING BUILDING -An on farm operation building or part of a
building used for processing and storage of agricultural products of a single farm operation into
processed agricultural products as defined herein.
PROCESSED AGRICULTURAL PRODUCT - Agricultural product which has been
converted from its original state into a distinct product by techniques such as cooking, distillation,
fermentation crushing and straining Examples of processed agricultural product include,
without limitation jams jellies cheeses potato chips meats fowl fish wine and other alcoholic
beverages Simple washing, cleaninng,arranging or packaging of agricultural products shall not
cause the product to be considered "processed"under this definition.
ON FARM OPERATION DIRECT MARKETING - The sale of raw or processed agricultural
products that are produced by a bona fide farm operation or a bona fide aquaculture/Mariculture
farm aeration directly to consumers.
ON FARM DIRECT MARKETING BUILDING - An on farm building or part of a building,
used for the direct farm marketing of agricultural roducts and agricultural processed products
from a single farm operation.
FARM A site or- series of adjoiningpafeels under- singie owner-ship or anagemefttdevotedto
agr-ieultii.a!use.
ineluding but not limited to barns, silos, ineeha-niea4 equipme 4 storage sheds, animal-pens-or
other- shelters.
ti
may not be eempletely enelesed exeept when the business is elesed. A farm stand may not be
fib---
stand. [Added 5 13 1997 b . L.L. No Q 1 00?]
FARM OPERATION - Means the land including underwater lands used in aquaculture and
Mariculture buildings used in agricultural production on-farm agricultural processing buildings,
on farm direct marketing buildings equipment manure processing and handling facilities and
practices which contribute to the cultivation, production preparation processing and marketing
of crops livestock and livestock products freshwater or marine water products including fish,
fish products and/or water plants and shellfish as a commercial enterprise. The farm operation
may consist of one or more parcels of owned or rented land which parcels may be contiguous or
noncontiguous to each other.
BONA FIDE FARM OPERATION - Indicators of a bona fide farm operation include, a farm
operation as defined herein, that:
1. Is located on land with not less than seven acres of land used as a farm operation
in the preceding two years for the production or sale of crops livestock or livestock
products of an averse gross sales value of$10,000 or more, or
2. Is located on land of seven acres or less used as a farm operation in the preceding
two years for the-production or sale of crops livestock or livestock products of an
average gross sales value of$50,000 or more, or
3. Has been issued a farm stand operator permit.
FARMHOUSE A principal dwelling on a Farm Operation used exclusively by a farmer/owner/
operator who is in full time residence and actively engaged in farming the lands of the farm operation,
or as housing for the Farm Operation's workers or occupied by key employee(s) of the Farm Operation.
AQUACULTURE - The breeding, cultivation,planting, containment, er and harvesting of preduets
organisms that are naturally preduee occurring in freshwater or mafifie Onvireffinents, for example
including fmfishi,shell i-smollusks such as snails and clams; crustaceans such as shrimp and
crayfish; and seal aquatic plants. The term "aquaculture" is also commonly used to include
marine water, or Maricultured species such as oysters bay scallops lobsters and sugar kelp.
LAND-BASED AQUACULTURE - The cultivation of marine and freshwaters organisms in a
man-made structure such as an on-land building or pond.
MARICULTURE The cultivation of marine organisms in saltwater, for example finfish;
mollusks such as snails oysters and clams; crustaceans such as shrimp crabs and lobsters;
and marine plants such as sugar kelp.
BONA FIDE AQUACULTURE/MARICULTURE FARM OPERATION - Indicators of a
bona fide aquaculture/Mariculture farm operation include a farm operation as defined herein
engaged in aquaculture and/or Mariculture that:
1. Has obtained all commercial cultivation and harvest permits required by the New
York State Department of Environmental Conservation Law and a permit from either
r 1
J
the New York State Department of Agriculture and Markets or the Suffolk County
Department of Health Services when the farm stand offers on-premises consumption,
and
2. Has access to underwater land including but not limited to a lease, riparian rights,
a grant fee title to underwater land or a franchise within the Peconic Bay Estuary or
Town waters, or has land-based cultivation infrastructure.
ROADSIDE FARM STAND or AGRICULTURAL STAND - A booth, stall of display area
exeeeding4G less than 100 -50 square feet in area located on a€afm parcel onfrom which
agr-ioulter-alpr-ed ets home grown fruits vegetables or plants are home grown and sold to the
general public.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Dated: February 28, 2017 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A.Neville
Southold Town Clerk
Please publish on MARCH 23, 2017 and forward one affidavit of publication to Elizabeth A.
Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971.
Copies to:
The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website
Reso 2017-357
SUMMARY OF LL/AMENDMENT TO CHAPTER 280
"Zoning"
THE PROPOSED LOCAL LAW WHICH FOR WHICH A PUBLIC HEARING IS
BEING HELD THIS EVENING PROPOSES TO AMEND CHAPTER 280 OF THE
TOWN CODE ENTITLED "ZONING."
THE PURPOSE OF THE AMENDMENT IS TO CLARIFY THE DEFINITIONS OF
AGRICULTURAL TERMS CONTAINED IN CHAPTER 280-4 OF THE TOWN
CODE.
SPECIFICALLY, IF ADOPTED, THE AMENDMENT WOULD ELIMINATE
SOME ANTIQUATED TERMS AND ADD TERMS THAT IDENTIFY THE
DIFFERENT USES AND STRUCTURES THAT MAKE UP A MODERN
AGRICULTURAL OPERATION.
SOME OF THE PROPOSED TERMS INCLUDE DEFINITIONS FOR:
"FARMHOUSE," "FARM OPERATION," "AGRICULTURAL PROCESSING,"
"PROCESSED AGRICULUTRAL PRODUCT," "AGRICULTURAL PROCESSING
BUILDING," "AGRICULTURAL PRODUCTION," "AGRICULTURAL
PRODUCTION BUILDING," "ON FARM DIRECT MARKETING.." " AND "ON
FARM DIRECT MARKETING BUILDING."
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S
WEBSITE
r
#0002038170
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county,being duly sworn,says that she is Principal Clerk
of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 03/23/2017 .
r
Ck
Principal Clerk
Sworn to before me this day of �7
&CNA09+rt KI
NOTARY PUBLIC-STATE OF NEW YORK
No 01V06106050
Qualified in Suffolk County
My CO01fT IMOM AxPlres February 28,2020
TYPESET. Mon Mar 20 15:55:13 EDT 2017
colonies,bee honey,beeswax,andrelated pro- ricultural production, on-farm agricultural -A booth-
LEGAL NOTICE ducts, processing buildings,on farm direct market- or display area exceeding 59 less than 101
NOTICE OF PUBLIC HEARING AGRICULTURAL PRODUCTION ing buildings,equipment,manure processing square feet in area located on a farm parte
NOTICE IS HEREBY GIVEN there has BUILDING-An on farm operation building, and handling facilities, and practices which from which
been presented to the Town Board of the or part of a budding,primarily useful of nec- contribute to the cultivation, production, fn
Town of Southold, Suffolk County, New essary for crops in their harvested state m the preparation, processing and marketing of vegetables or plants are home grown and,
York,on the 28th day of February,2017,a conduct of Agricultural production,including crops, livestock and livestock products, to the general public.
Local Law entitled"A Local Law in relation but not limited to barns,silos,storage of me- freshwater or marine water products,includ- IH. SEVERABILITY
to Amendments to Chapter 280-4,Agricul- chanical equipment, storage of harvested ing fish,fish products,and/or water plants and If any clause,sentence,paragraph,sect
ture."and crops, spaces, accessory alternative energy shellfish, as a commercial enterprise The or part of this Local Law shall be adludge-
NOTICE IS HERENY FURTHER structures,animal pens,and other shelters farm operation may consist of one or more any court of competent jurisdiction to be
GIVEN that the Town Board of the Town of AGRICULTURAL PROCESSING-The parcels of owned or rented land,which par- valid,thejudgment shall not affect the vi
Southold will hold a public hearing on the on-farm processing of agricultural products at cels may be contiguous or noncontiguous to ity of this law as a whole or any part the
aforesaid Local Law at the Southold Town and from a single farm operation located each other other than the part so decided to be unto[
Hall,53095 Main Road,Southold,New York, within the Town of Southold,which has been BONA FIDE FARM OPERATION-In- tutional or invalid
on the I 1 th day of April,2017 at 7:31 p.m,at converted from its original(raw)state into a dicators of a bona fide farm operation include, IV, EFFECTIVE DATE
which time all interested persons will be processed or prepared product through appli- a farm operation,as defined herein,that This Local Law shall take effect im
given an opportunity to be heard cations of cooking, distilling, fermenting, 1 Is located on land with not less than diately upon filing with the Secretary of S
The proposed Local Law entitled,"A Lo- crushing, or straining, etc Such processed seven acres of land used as a farm operation in as provided by law.
cal Law in relation to Amendments to agriculture products include, but are not the preceding two years for the production or Dated February 28,2017
Chapter 280-4, Agriculture" reads as fol- limited to,latus,jellies,cheeses,potato chips, sale of crops,livestock or livestock products, BY ORDER OF I
lows. Ierkies,meats,fowl,fish,breads,and baked of an average gross sales value of$10,000 or TOWN BOARD OF'I
LOCAL LAW NO.2017 goods,beer,wine and distilled alcoholic and more,or TOWN OF SOUTHC
A Local Law entitled,"A Local Law in non-alcoholic beverages. 2 Is located on land of seven acres or less Elizabeth A.Ne,
relation to Amendments to Chapter 280-4, AGRICULTURAL PROCESSING used as a farm operation in the preceding two Southold Town C
Agriculture". BUILDING-An on farm operation building, years for the production or sale of crops,live- 2038170
BE IT ENACTED by the Town Board of or part of a building,used for processing and stock or livestock products of an average
the Town of Southold as follows storage of agricultural products of a single gross sales value of$50,000 or more,or
§280-4.Definitions. farm operation into 3 Has been issued a farm stand operator
AGRICULTURE-The production,keep- processed agricultural products as definedep rmit.
ing or maintenance,for sale,lease or personal herein FARMHOUSE-A principal dwelling on a
use, of plants and animals useful to man, PROCESSED AGRICULTURAL Farm Operation used exclusively by a farmer/
including but not limited to forages and sod PRODUCT-Agricultural product which has owner/operator who is in full time residence
crops;grains and seed crops,dairy animals been converted from its original state into a and actively engaged in farming the lands of
and dairy products;poultry and poultry pro- distinct product by techniques such as cook- the farm operation,or as housing for the Farm
ducts,livestock,including beef cattle,sheep, ing, distillation, fermentation, crushing and Operation's workers,or occupied by key em-
swine,horses,ponies,mules or goats or any straining.Examples of processed agricultural ployee(s)of the Farm Operation.
mutation of hybrids thereof, including the product include,without limitation,lams,lel- AQUACULTURE -The breeding,culti-
breeding and grazing of any or all of such lies,cheeses,potato chips,meats,fowl,fish, vation,planting,containment,or and harvest-
animals, bees and apiary products, fur ani- wine and other alcoholic beverages Simple ing of piodttcts organisms that are naturally
mals,fruits of all kinds,including grapes,nuts washing,cleaning,arranging or packaging of produced occurring in freshwater or�riarme
and berries, vegetables, floral, ornamental agricultural products shall not cause the prod- emnunnanits,fm Lawnple including finfish,
and greenhouse products,or lands devoted to uct to be considered"processed"under this bhullfrsh mollusks such as snails and clams;
a soil conservation or forestry management definition. crustaceans such as shrimp and crayfish,and
program. ON FARM OPERATION DIRECT seaweed aquatic plants The term
AGRICULTURAL PRODUCTION - MARKETING - The sale of raw or pro- "aquaculture"is also commonly used to in-
For the purposes of this Chapter,Agricultural cessed agricultural products that are produced elude marine water,or Maricultured,species
Production shall include,but not be limited to, by a bona fide farm operation or a bona fide such as oysters,bay scallops, lobsters,and
the following- aquaculture/Mariculture sugar kelp.
I A Farm Operation engaged in the pro- farm operation directly to consumers LAND-BASED AQUACULTURE- The
duction for sale of crops, livestock or live- ON FARM DIRECT MARKETING cultivation of marine and freshwaters organ-
stock BUILDING-An on farm building,or part of isms in a man-made structure, such as an
products,by a bona fide farm operation,or a building,used for the direct farm marketing on-land building or pond Ally fulm ofaqua-
bona fide aquaculture/Mariculture farm of agricultural products and agricultural pro-
operation, both as defined herein, which cessed products from a single farm operation budy of watm It
shall include but not be limited to MARICULTURE-The cultivation of ma-
a Field crops,for example corn,wheat, midUL SM&UWLICINhIp UL 111d11UgU111e11L de- rine organisms in saltwater,for example fin-
oats,rye,barley,hay,potatoes ana voted m agHWIt,3ral List; fish, mollusks such as snail;, oysters. and
dry beans, FARM BUILDINGS ftfl SLLUCLUiCh USrfUi clams,crustaceans such as shrimp,crabs,and
b. Fruits, for example apples, peaches, lobsters,and marine plants such as sugar kelp
grapes,cherries,tomatoes and berries, activities,including but not limited to bULLIN, BONA FIDE AQUACULTURE/
c Vegetables, for example snap beans, silos, 111CLIMILlUid MJUIP111U11L btWagU shuds, MARICULTURE FARM
cabbage,carrots,beets and onions, Wiliffill PLNIS UL UdIUL ShOlLrib OPERATION-Indicators of a
d Horticultural specialties,for example bona fide aquaculture/Mariculture farm op-
nursery stock,ornamental shrubs,ornamental WMidlUl U11 UL least one sidu,used fbi thesolu eration include,a farm operation,as defined
trees and flowers, PUIPUSr Of IUM11 bdtU Of pLoducu grown by the herein,engaged in aquaculture and/or Mari-
e. Livestock and livestock products,for UW11U1 of the btdtid ULI faiftl dULUdgU Withill thU culture that
example cattle,sheep,hogs,goats, `ibmn of 1. Has obtained all commercial cultiva-
horses,poultry,ratites,such as ostriches, tion and harvest permits required by the New
emus,rheas and kiwis,farmed deer,farmed less,Mofed ui llilVe pdMilt walls and floonng York State Department of Environmental
buffalo,fur-bearing animals,milk,eggs and Conservation Law and a permit from either
furs, whendiubusinessmulosed AftLILISMI the New York State Department of Agricul-
f. Maple sap, Hot be ture and Markets or the Suffolk County De-
g Christmas trees derived from a man- partment of Health Services when the farm
aged Christmas tree operation whether dug pailliallrilt uqulpLumit A Liu&bud U1 UU&N stand offers on-premises consumption,and
for transplanting or cut from the stump; U11 WhUCIN,With ULCUS iii nimss of 20 NLIUMU 2 Has access to underwater land,includ-
h. Aquaculture and Manculture as de- fUCL displaying produce,shall be considwed it ing,but not limited to,a lease,riparian rights,
fined herein, a grant, fee title to underwater land, or a
i Biomass,which means crops raised for 8-I997j franchise within the Peconic Bay Estuary or
bioenergy,and shall include,but is not limited FARM OPERATION-Means the land Town waters,or has land-based cultivation
to,farm woodland,switch grass,giant reed, including underwater lands used in aquacul- infrastructure
and miscanthus. tore and Mariculture,buildings used in ag- ROADSIDE FAd2lvl STAND or
I Apiary,including the cultivation of bee
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 6th day of March , 2017, a notice of which the
annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a
most public place in the Town of Southold, Suffolk County,New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
Public Hearing: 4/117:32 pm—Local Law—Chapter 208-4
E ' abeth A. Neville
thold Town Clerk
Sworn before me this
8th day of March , 2017.
otary Public
LYNDA M. RUDDER
Notary Public, State of New York
No.01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,20
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning
Theresa Ward
Commissioner Division of Planning
and Environment
March 17, 2017
Town of Southold " . RECEIVE
53095 Main Road
P.O. Box 1179 MAR 2 7 2017
Southold, NY 11971
Attn: Elizabeth Neville Southold Town Clerk
Applicant: Town of Southold
Zoning Action: Local Law No. of 2017 215
Amendments to Chapter 280-4
Agriculture
S.C.P.D. File No.: SD-17-LD
Dear Ms. Neville:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
Very truly yours,
Sarah Lansdale
Director of Planning
/ O l
Andrew P. Frel g
Chief Planner
APF/cd
LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099■ (631)853-5191
RECEIVED
MAR 1 5 2017
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Department of Southold Town Clerk
Economic Development and Planning
Theresa Ward
Commissioner Division of Planning
and Environment
March 8, 2017
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Attn: Elizabeth Neville
Applicant: Town of Southold
Zoning Action: Local Law No. of 2017 215 & 221
Amendments to Chapter 280-4
Agriculture
S.C.P.D. File No.: SD-17-LD
Dear Ms. Neville:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
Very truly yours,
Sarah Lansdale
Director of Planning
i
r
Andrew P. Freleng
Chief Planner
APF/cd
LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 (631)853-5191
MAILING ADDRESS:
PLANNING BOARD MEMBERS ®f sour P.O. Box 1179
y
DONALD J.WILCENSKI Southold,NY 11971
�®V� ®l®
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY G ® Q 54375 State Route 25
JAMES H.RICH III ®1 a (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR UNT11 Southold, NY
Telephone: 631765-1938
www.southoldtow-nny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM RECEIVED
To: Supervisor Scott Russell MAR 2 4 2017
Town of Southold Town Board
Southold Torn Clerk
From: Mark Terry, Assistant Director of Planning
LWRP Coordinator
Date: March 23, 2017
Re: Local Waterfront Revitalization Coastal Consistency Review for the "A Local Law in relation to
Amendments to Chapter 280-4, "Agriculture".
The proposed action amends the Local Law adding, striking and clarifying definitions.
The action has been reviewed to New York State Department of Environmental Conservation regulation
6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5
(c)(20) and (27), the action, as proposed, is a Type II action and therefore not subject to SEQRA review.
617.5(c)(20)
"routine or continuing agency administration and management, not including new programs or major reordering
of priorities that may affect the environment;"
617.5(c)(27)
"adoption of regulations, policies, procedures and local legislative decisions in connection with any action on
this list,"
Please call me with any questions.
Cc: William Duffy, Town Attorney -
OFFICE LOCATION: ®�*®f S®(/ryOl MAILING ADDRESS:
Town Hall Annex °` ® P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) esu ,c
G @ Telephone: 631 765-1938
Southold, NY 11971 • �O P
O Fax: 631 765-3136
lycouff`I,�
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM
MAR 2 4 2017
To: Supervisor Scott Russell Southold Town Clerk
Town of Southold Town Board
From: Mark Terry, LWRP Coordinator
Date: March 13, 2017
Re: Local Waterfront Revitalization Coastal Consistency Review for the "A Local Law in
relation to Amendments to Chapter 280-4, "Agriculture"
The proposed above described action has been reviewed to Chapter 268, Waterfront
Consistency Review of the Town of Southold Town Code and the Local Waterfront
Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the proposed
action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with
the LWRP, specifically:
Policy 10: Protect Southold's water-dependent uses and promote siting of new water-
dependent uses in suitable locations.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters.
Policy 12. Protect agricultural lands in the Town of Southold.
,Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: William Duffy, Town Attorney
- gl9FFOL�-c
ELIZABETH A.NEVILLE,MMC 0� ®rjy Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ,!. ®`. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER meq,( �`� wv�w.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on April 11, 2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4, Agriculture
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: S�tr� arrtq�epftff4anniaag—, L 1 4-State-P s n
Tn� m �ChP�fPrT�1 el
Email:
Town of Southampton t
Vlz t�-
Signature, Received by Date
Please print name Title
7 1
ELIZABETH A. NEVILLE, MMC ��®� �y Ia11,53095 Main Road
TOWN CLERK :� C ECD bE1J P �� Box 1179
ut�dl`d° vI'ork 11971
REGISTRAR OF VITAL STATISTICS 17 R 9 x� 765-6145
MARRIAGE OFFICER ,l,� `doe• Te� hefiia 1)765-1800
RECORDS MANAGEMENT OFFICER O,( www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on April 11,2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4,Agriculture
Please sign this letter and return to me at your earliest convenience. Thank you.
Q.
E izabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
illage o reen ort
kv
ature, Received"b Date
n
lease print name Title
ELIZABETH A.NEVILLE,MMC ��° �� Town Hall,53095 Main Road
TOWN CLERK P.O,Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER �� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �� � www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on April 11,2017 at the Southold Town Hall, 53095 Main Road,
Southold, NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4,Agriculture
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Xillag of Gre ori
Signature, Received by Date
Please print name Title
ELIZABETH A. NEVILLE, MMC �°�° Town Hall, 53095 Box Main Road
179
TOWN CLERK Via' =Ar
Southold,New York 11971
Fax(631)765-6145
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER _ �., Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER `°�+ , ` www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on April 11,2017 at the Southold Town Hall, 53095 Main Road,
Southold, NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4, Agriculture
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
Signature,�Receiv�edy Date
Please print name Title
ELIZABETH A.NEVILLE,MMC ®� ®�� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®� ,� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on April 11, 2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4,Agriculture
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenpo•t
Ile* t
Signature, Received by Date
Please print name Title
ELIZABETH A.NEVILLE MMC Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
t Southold New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ®� Telephone-(631)765-1800
RECORDS MANAGEMENT OFFICER �'� 3 www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20,2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC-HEARING on
the proposed Local Law listed below on April 11,_2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7,31 pm A Local Law in relation to Amendments to Chapter 280-4,Agriculture
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town-Clcrk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park:Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold.Trustees
Southold Assessors Southold ZBA
llage of reenport
U'1 A
ll
ign tune, Received by Date
Pleas print name Title
ELIZABETH A.NEVILLE,MMC 0 Town Hall,53095 Main Road
TOWN CLERK. -.r P.O.Box 1179
i Southold,New York 11971
REGISTRAR OF VITAL STATISTICS � � Fax(631)765-6145
MARRIAGE OFFICER .j � . Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER 4,[ � � www.southoldtowuny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC.HEARING on
the proposed Local Law listed below on A ril 11 2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4, Agriculture
Please sign this letter and return to me:at your earliest convenience. Thank you.
(2. YEA RECEIVED
Ekkzabeth A. Neville
Southold Town Clerk MAR 0 209
Attachments Southold Town Clerk
CC! Suffolk County Dept of'Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors SoutholdLBA
Village of 91eenport
Signature, Re eived by Date
Lit'" �i2/�,�7�'!�� �.��� _��lri (�p'�2,d.•r/,y-,��'�-.
Please print name Title
T /T 'af)xd TZLETZETE9 dH'ddO saN ted SE :ZT LTOZ'OT ',"EN
03107/2017 08:36 6317493436 S I TOWN CLERK PAGE 01
i
g1i1FFOL�►
ELIZABETH A.NEVILLE,MMC � Town Hall,53095 Main Road
TOWN CLERK ~` P.O, Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER . Telephone(631)765-1$00
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20,2017
PLEASE TAKE NOTICE that the Town Board of the'Town of Southold will hold a PUBLIC HEARING on
the proposed Focal Law listed below on April 11, 2017 at the Southold Town Hall, 53095 Main Road
Southold,NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4, Agriculture
Please sign this letter and return to me at your earliest convenience. "Thank you,
hlizabeth A.Neville
Southold,rown Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State: Park Commission
Email: Town of Riverhead - -- Town of Shelter]stand
Town of Southampton Southold Building Dept
Southold Planning Dept Southold 'Trustees
Southold Assessors Southold ZBA
Village of Greenport
,,,�
Signature,Rt eived y D-at-e
Rlca'sDc�lpfinname Titl�
., �.._. - . . ....�_. ..�.........,,^.. ._.,_ -
I
ELIZABETH A.NEVILLE,MMC ®� ®� Town Hall,53095 Main Road
TOWN CLERK �� P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS - Fax(631)765-6145
MARRIAGE OFFICER ®�. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER °�®� �,�► www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20,2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on April 11, 2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4,Agriculture
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Villak-of Greenport
D3 07
Signature, Receive by Date
Please print name Title
i
ELIZABETH A.NEVILLE,MMC '�� ��?"" � Town Hall,53095 Main Road
c;� 1*.. r• P.O.BOX 1179
TOWN CLERK .W ,
rs +. Southold,New York 11971
C* ,n 1'
REGISTRAR OF VITAL STATISTIC ' Fax(631)765-6]45
S
MARRIAGE OFFICERTelephone(631)765-1800
RECORDS MANAGEMENT OFFICER � a°� www.soutlioldtownny.gov
FREEDOM OF INFORMATION OFFICER `
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20,2017 _
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC FEARING'on
the proposed Local Law listed below on April 11,2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4,Agriculture d
Please sign this letter and return to me at your earliest convenience, Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attacluuents 1I
f it
t
cc: Suffolk County Dept of Planning Long Island State Park Commission �
i�
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Villa" e of Crecn Port
$/Signa ure, Received by Da
c
'Title r
Please print name
6
ELIZABETH A.NEVILLE,MMC ®� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
CA Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20, 2017
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on April 11, 2017 at the Southold Town Hall, 53095 Main Road,
Southold, NY:
7:31 pm A Local Law in relation to Amendments to Chapter 280-4,Agriculture
Please sign this letter and return to me at your earliest convenience. Thank you.
Elizabeth A.Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Dong Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
S uthold Asse sors Southold ZBA
illage Gre npo
Signature, Received by Date
L- Ct4'00Tr-.S ?-6 4 SSC
Please print name Title
Rudder, Lynda
From: legals <legals@timesreview.com>
Sent: Thursday, March 16, 2017 10:09 AM
To: Rudder, Lynda
Subject: Re:Agriculture for publication
Good morning,
The legal notice has been scheduled to be published in the 3/23 edition of the Suffolk Times.
Thank you and have a.great day!
Best regards,
KIM'�
aF.VIP- r
Lindsay Denston
Assistant Sales Coordinator
631.298.3200 ext. 235
631.354.8032 (direct)
631.298.0410(fax)
Ldenston@timesreview.com
www.timesreview.com
From: "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>
Date:Thursday, March 16, 2017 10:02 AM
To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,
Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.nv.us>, "Southold
Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James"
<iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski, Bonnie"
<Bonnie.Doroski@town.southo Id.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans
<Ipevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "Noncarrow, Denis"
<denisn@southoldtownnv.gov>, "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>, "Russell,Scott"
<scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle"
<michellet@town.southold.nv.us>,William Ruland <rulandfarm@vahoo.com>, "Duffy, Bill"
<billd@southoldtownnv.gov>, "Hagan, Damon" <damonh@southoldtownny.gov_>, "Silleck, Mary"
<marvs@southoldtownny.gov>
Subject: Agriculture for publication
Please publish in the 3/23 edition of the Suffolk Times and the town website,thanks.
1
ELIZABETH A. NEVILLE,MMC „ Town Hall,53095 Main Road
TOWN CLERK ' ,. "- P.O.Box 1179
,° ry^ Southold,New York 11971
REGISTRAR OF VITAL STATISTICS "`"^ Fax(631)765-6145
MARRIAGE OFFICER ' Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER `'1 www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER '
P rb►Hl M-1
OFFICE OF TI9E TOWN CLERK � � C �}�
TOWN OF SOUTHOLD
MAR 0 6 2017
March 2, 2017
SN'thold Town
Phnninrl Board
Re: Resolution Numbers 2017—215&221,"A Local
Law in Relation to Amendments to Chapter 280-4,
Agriculture
Donald Wilcenski,Chairman
Southold Town Planning Board
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Mr.Wilcenski:
The Southold Town Board at their regular meeting held on February 28,2017 adopted the resolutions
referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with regard to
this proposed local law and forward it to me at your earliest convenience. This proposed local law is
also being sent to the Suffolk County Department of Planning for their review. The date and time for
this public hearing is 7:31PM,Tuesday,April 11,2017.
Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Eliza h A. Neville
Southold Town Clerk
Enclosure
cc:Town Board
Town Attorney
RESOLUTION 2017-215
ADOPTED DOC ID: 12825
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-215 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 28,2017:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 28`h day of February,2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280-4,Agriculture."
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
11 th day of April,2017 at 7:31 p.m. at which time all interested persons will be given an ;
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 2807
4,Agriculture" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-4,
Agiculturc".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§280-4. Definitions.
AGRICULTURE -The production,keeping or maintenance,for sale, lease or personal use, of
plants and animals useful to man, including but not limited to forages and sod crops; grains and
seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses,ponies, mules or goats or any mutation of hybrids thereof,
including the breeding and grazing of any or all of such animals; bees and apiary products; fur
animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and
greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURAL PRODUCTION - For the purposes of this Chapter, Agricultural Production shall
include but not be limited to,the following:
1. A Farm Operation engaged in the production for sale of crops, livestock or livestock
products, by a bona fide farm operation, or bona fide aguaculture/Mariculture farm
operation both as defined herein, which shall include but not be limited to:
a. Field crops, for example corn, wheat, oats, rye, barley, hay,potatoes and
dry beans;
b. Fruits, for example apples, peaches, grapes, cherries, tomatoes and berries;
r m•
Resolution 2017-215 Board Meeting of February 28, 2017
C. Vegetables, for example snap beans, cabbage, carrots, beets and onions;
d. Horticultural specialties, for example nursery stock, ornamental shrubs,
ornamental trees and flowers;
e. Livestock and livestock products, for example cattle, sheep, hogs, goats,
horses, poultry, ratites, such as ostriches, emus,rheas and kiwis, farmed deer,
farmed buffalo, fur-bearing animals, milk, eggs and furs;
f. Maple sap;
g. Christmas trees derived from a managed Christmas tree operation whether
dug for transplanting or cut from the stump;
h. Aquaculture and Mariculture as defined herein;
i. Biomass, which means crops raised for bioenergy, and shall include, but is
not limited to, farm woodland, switch grass, giant reed, and miscanthus.
j. Apiary, including the cultivation of bee colonies, bee honey,beeswax, and
related products;
AGRICULTURAL PRODUCTION BUILD-ING -An on farm operation building, or part of a
building,-primarily useful or necessary for crops in their harvested state in the conduct of
Agricultural production including but not limited to barns silos storage of mechanical,equipment,
storage of harvested crops, spaces accessory alternative-cnoijly Structures, animal pens;and other
shelters.
AGRICULTURAL PROCESSING -The on-farm processing of agricultural products at and
from a single farm operation located within the Town of Southold.which has been converted from
its original (raw)-state into a processed or prepared product through applications of cooking,
distilling, fermenting, crushing, or straining. etc. Such processed agriculture products include,
but are not limited to.Jams jellies, cheeses, potato chips,jerkies, meats,-fowl, fish, breads, and
baked goods,beer,wine and distilled alcoholic and non-alcoholic beverages.
AGRICULTURAL PROCESSING BUILDING - An on farm operation building, or part of a
building., used for plocessi.rig•and storage of agricultural products of'a single farm:otjeratiorl into
processed agricultural products as defined herein.
PROCESSED AGRICULTURAL PRODUCT-Agricultural•procluct which has been
converted frolnitS original state-into a distinct product by techniques such as cooking, distillation,
fermentation crushing and straining Examples•of processed agricultural product inchide
without limitation-jams tellies cheeses )otato chips meats fowl, fish,.wine and other alcoholic
beverages Simple washinst cleaning, aurariging or packaging of agricultural pfodutcts shall not
'cause the product to be considered"brocessed" under this definition.
ON FARM OPERATION DIRECT MARKETING -The sale of raw or processed agricultural
products that are produced by a bona fide farm operation ora bona fide aquaculture/Mariculture
farm oneration directly to consumers.
ON FARM DIRECT MARKETING BUILDING -An on farm building, or-part of a building,
used for the direct farm marketing of agricultural products and agricultural-processed.products
from a single farm operation.
�' l -f�rFrl$tau=SEH�S-F?f-EItIJf}Nt�3tt T-1 1eelr-underihl
Updated: 3/1/2017 10:30 AM by Lynda Rudder Page 2
Resolution 2017-215 Board Meeting of February 28, 2017
agrieultural
i acl-udin but ,,,,t la.a>ited-ttr l3at��s lle ia�e Mani l e� me t-sto}ag�slier �r}i l-liexs yr
Cher she to fs
114&1 M 19-'r.�1" n. ,..,,,,�,,.,n talks t�-at-l�.� ane side;us l-far-;tlte-Selej jtj -1 se
a#=►�tai]-s�l�-ef=}�redueca-�;r�z��-1})j�tl�e•-e3��e�-el=tl-ze--stnfarm age-�4in-tile Rxai-el' ;
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n�a�-nQt-'�---^..:r.':�'•-='_;' ea3�1�sE�l=exc-el�t�l3en-tl�e-bi�siz3e�s-i�-elcasec�:�fa�-:�txn-d-n-ht3�-rtHtit-�
iris eEl Qi=ixe l anibal-ly-heate't�= Gle"y i�af rnefit A--t-�w4i-bed-or-trqi4
� i���' -a;inra=;^� ii �ess �f0-sgtiare- }oduce- -slaml-lie-eensriecl-a- at t
V ,
stand, [Added 5 13 1997 by L.L. 6. 8 1997i
FARM OPERATION Means the land including-underwater lands used in aquaculture and
Mrn•iculture buildings used in agricultural production, on-farm agricultural proces�uldcngs,
on farm direct marketing bg uildings,equipment manure processing and handling facilities, and
practices which,contribr.cte to the cultivation, jaroduetidn reparation proaessin arid marketing
of crops livestock and livestock products, freshwater or marine water products- including fish,
-fish products and/or water plants and shellfish as a.eommereial enterprise. The Earn ,gperati6n
may consist of one or more parcels of owned or rented land which parcels may be contiguous or
noncontiguous to each other.
BONA I+lft FARM OP'lE±,RATI-ON- Indicators ofa bona fide farm•operation.inchrde,a farm
operation as defined herein,that:
1. Is located on land with not less than seven acres of land used as a farm operation
in the preceding,two years for the production or sale of crops lrvcstock or livestock
products of an average gross sales value of$10,000 or more, or
2. Is located on land of seven acres or less used as a farm operation in the preceding
two years for the production or sale of crops livestock or livestock products,of an
average gross sales value of$50,000 or more, or
3. Has been issued a farm stand operator permit.
FARMHOUSE A principal dwelling on a Farm Operation used exclusively by a_farmer/owner/
onerator who is in full time residence and actively engaged in farrhing the lands of the farm operation,
or as housing for the Farm,Operation's workers, or occupied by key employees)-of the Farm Operation.
AQUACULTURE -The breeding, cultivation,planting, containment, er and harvesting of py-OdHOt$
organisms that are naturally pr-e�occurring in freshwater^N marine envir-onments, fer exaRiple
including frnf sh;;shellfish mollusks such as snails and clams, crustaceans such as shrimp and
crayfish, and seaweed aquatic plants. The term "aquaculture"is also commonly used to include
m,irine water, or Maricultured species such as oysters bay s&allops lobsters . and sugar kelp.
LAND-BASED AQUACULTURE - The cultivation of marine and freshwaters organisms in a
man-made structure such as an on-land building or pond. lltly-fninaituli �-tlarrt tla
take place in a natur-al bed) of water- or maFine envir-onment.
Updated: 3/1/2017 10:30 AM by Lynda Rudder Page 3
r _w
Resolution 2017-215 Board Meeting of February 28, 2017
MARICULTURE-The cultivation of marine organisms in saltwater, for_example finfish:
mollusks such as snails,.oysteis and clEims• crustacmiM sttch as shrimp,-crabs, and lobsters;
and marine plants such as sugar kelp.
-BONA -+IDE AQUACULTURE/MARICULtURE FARM OPE II AT-ION - Indicators of a
bona fide,aquaculture/Mariculture,farm operation include, a farm ol)eratio_u, as defined herein.
engaged in aquaculture and/or Mariculture that:
1. Has obtained all commercial cultivation and harvest permits required by the New
York State Department of Environmental Conservation Law and a permit from either
the New York State Department of Agriculture and Markets or the Suffolk County
Department of Health Services when the`farm stand offers on-premises consumption;
and
2. Has access to underwater land including but not limited to, a lease, riparian rights,
a meant fee title to underwater land or a Franchise within the Peconic Bay Estuary or
Town waters, or has land-based cultivation infrastructure.
ROADSIDE FARMSTAND or AGRICULT A beet", stall or display area
^ec7cccediig-5-0 less than 100-50 square feet in area located on a fafm parcel on from which
eauR r-a produets hemi fruits vegetables or plants are home grown and sold to the
general public.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr,Ruland, Doherty, Ghosio, Evans, Russell
Updated: 3/1/2017 10:30 AM by Lynda Rudder Page 4
RESOLUTION 2017-221
ADOPTED DOC ID: 12827
r
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-221 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 28,2017:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed Local Law entitled"A Local Law in relation to
Amendments to Chapter 280-4,Agriculture"to the Southold Town Planning Board and the
Suffolk County Department of Planning for their recommendations and reports.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Ruland,Doherty, Ghosio,Evans, Russell
�®SUFFOL,r�o
ELIZABETH A.NEVILLE,MMIC may® �,y Town Hall,53095 Main Road
TOWN CLERKo � P.O.Box 1179
H Southold,New York 11971
REGISTRAR OF VITAL STATISTICS IS - ® Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 2,2017
Re: Resolution Numbers 2017—215 &221, "A Local
Law in Relation to Amendments to Chapter 280-4,
Agriculture
Donald Wilcenski, Chairman
Southold Town Planning Board
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Mr.Wilcenski:
The Southold Town Board at their regular meeting held on February 28,2017 adopted the resolutions
referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with regard to
this proposed local law and forward it to me at your earliest convenience. This proposed local law is
also being sent to the Suffolk County Department of.Planning for their review. The date and time for
this public hearing is 7:31PM,Tuesday,April 11,2017.
Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Eliza th A. Neville
Southold Town Clerk
Enclosure
cc:Town Board
Town Attorney
®guFFO��-c®
ELIZABETH A.NEVILLE,MMC tiy® �/y Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
�a 2 Southold,New York 11971
REGISTRAR OF VITAL STATISTICS A96 ® Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®.( �� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 2, 2017
Re: Resolution Number(s)2017-215&221 "A Local
Law in Relation to Amendments to Chapter 280-4,
Agriculture
Andrew P. Freeling,Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freeling,
The Southold Town Board at their regular meeting held on February 28,2017 adopted the resolutions
referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with regard to
this proposed local law and forward it to me at your earliest convenience. This proposed local law is
also being sent to the Southold Town Planning Board'for their review. The date and time for this public
hearing is 7:31PM,Tuesday, April 11,2017.
Please do not hesitate to contact me, if you have-any questions. Thank you.
Very truly yours,
rj,
0.
Eliza th A. Neville
Southold Town Clerk
Enclosure
cc:Town Board
Town Attorney
t
RESOLUTION 2017-215
mQ
�f4 Y�a ADOPTED DOC ID: 12825
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-215 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 28,2017:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 28"' day of February, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280-4,Agriculture."
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
11 th day of April,2017 at 7:31 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-
4,Agriculture" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280-4,
Agriculture".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§280-4. Definitions.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of
plants and animals useful to man, including but not limited to forages and sod crops; grains and
seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses,ponies, mules or goats or any mutation of hybrids thereof,
including the breeding and grazing of any or all of such animals; bees and apiary products; fur
animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and
greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURAL PRODUCTION-For the purposes of this Chapter, Agricultural Production shall
includes but not be limited to, the following:
1. A Farm Operation engaged in the production for sale of crops, livestock or livestock
products, by a bona fide farm operation, or bona fide aquaculture/Mariculture farm
operation, both as defined herein, which shall include but not be limited to:
a. Field crops, for example corn, wheat, oats, rye, barley, hay, potatoes and
dry beans;
b. Fruits, for example apples,peaches, grapes, cherries, tomatoes and berries;
t
Resolution 2017-215 Board Meeting of February 28, 2017
C. Vegetables, for example snap beans, cabbage, carrots, beets and onions;
d. Horticultural specialties, for example nursery stock, ornamental shrubs,
ornamental trees and flowers;
e. Livestock and livestock products, for example cattle, sheep, hogs, goats,
horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer,
farmed buffalo, fur-bearing animals, milk, eggs and furs;
f. Maple sap;
g. Christmas trees derived from a managed Christmas tree operation whether
dug for transplanting or cut from the stump;
h. Aquaculture and Mariculture as defined herein;
i. Biomass, which means crops raised for bioenergy, and shall include, but is
not limited to, farm woodland, switch grass, giant reed, and miscanthus.
j. Apiary, including the cultivation of bee colonies, bee honey, beeswax, and
related products;
AGRICULTURAL PRODUCTION BUILDING - An on farm operation building, or part of a
building, primarily useful or necessary for crops in their harvested state in the conduct of
Agricultural production, including but not limited to barns, silos, storage of mechanical equipment,
storage of harvested crops, spaces, accessory alternative energy structures, animal pens, and other
shelters.
AGRICULTURAL PROCESSING - The on-farm processing of agricultural products at and
from a single farm operation located within the Town of Southold, which has been converted from
its original (raw) state into a processed or prepared product through applications of cooking,
distilling, fermenting, crushing, or straining, etc. Such processed agriculture products include,
but are not limited to,jams,jellies, cheeses, potato chips,jerkies, meats, fowl, fish, breads, and
baked goods, beer, wine and distilled alcoholic and non-alcoholic beverages.
AGRICULTURAL PROCESSING BUILDING -An on farm operation building, or part of a
building, used for processing and storage of agricultural products of a single farm operation into
processed agricultural products as defined herein.
PROCESSED AGRICULTURAL PRODUCT -Agricultural product which has been
converted from its original state into a distinct product by techniques such as cooking, distillation,
fermentation, crushing and straining. Examples of processed agricultural product include,
without limitation,jams,jellies, cheeses, potato chips, meats, fowl, fish, wine and other alcoholic
beverages. Simple washing, cleaning, arranging or packaging of agricultural products shall not
cause the product to be considered "processed"under this definition.
ON FARM OPERATION DIRECT MARKETING - The sale of raw or processed agricultural
products that are produced by a bona fide farm operation or a bona fide aq uaculture/Mari culture
farm operation directly to consumers.
ON FARM DIRECT MARKETING BUILDING -An on farm building, or part of a building,
used for the direct farm marketing of agricultural products and agricultural processed products
from a single farm operation.
FARM A —4- _. .-..-s of adjoining par-eels under-single owner-ship or-management Elevoted to
Updated: 3/1/2017 10:30 AM by Lynda Rudder Page 2
Resolution 2017-215 Board Meeting of February 28, 2017
agr-ieultur-al,
silos,FARA4 BUILDINGS All stmetur-es useful or-necessary for the eenduet of agricultural aetivities,
ineluding but not limited to bams, meehanieal eqtfipmepA storage sheds,
animal pens or-
thee-shelter
stand.FARA4 STAND An),str-uetur-e open to the weather on at least one side, used for-the sole purpose
of retail sale of pr-eduee gr-ovffi by the owner of the stand on fafm aer-eage withill the Tomm 0
Southold. Sueh stfuetufe may be ene story or-less, roofed or have pai4ial walls and floor-ing but
may not be eempletely enelesed exeept when the business is closed. A fafm stand may not be
insulated or-meehanieally heated or- eooled by pefmanepA equipment. A truck bed or tr-ailer- On
wheels, with areas in excess of 20 square feet displaying pr-oduee, shall be eonsidered-a farm
[Added 5-1-3-99 by L.L.,.To. 8 1997]
FARM OPERATION-Means the land, including underwater lands used in aquaculture and
Mariculture, buildings used in agricultural production, on-farm agricultural processing buildings,
on farm direct marketing buildings,equipment, manure processing and handling facilities, and
practices which contribute to the cultivation, production, preparation, processing and marketing
of crops, livestock and livestock products, freshwater or marine water products, including fish,
fish products, and/or water plants and shellfish, as a commercial enterprise. The farm operation
may consist of one or more parcels of owned or rented land, which parcels may be contiguous or
noncontiguous to each other.
BONA FIDE FARM OPERATION -Indicators of a bona fide farm operation include, a farm
operation, as defined herein, that:
1. Is located on land with not less than seven acres of land used as a farm operation
in the preceding two years for the production or sale of crops, livestock or livestock
products, of an average gross sales value of$10,000 or more, or
2. Is located on land of seven acres or less used as a farm operation in the preceding
two years for the production or sale of crops, livestock or livestock products of an
average gross sales value of$50,000 or more, or
3. Has been issued a farm stand operator permit.
FARMHOUSE -A principal dwelling on a Farm Operation used exclusively by a farmer/owner/
operator who is in full time residence and actively engaged in farming the lands of the farm operation,
or as housing for the Farm Operation's workers, or occupied by key employee(s) of the Farm Operation.
AQUACULTURE - The breeding, cultivation,planting, containment, of and harvesting of pr-eduets
organisms that are naturally predueed occurring in freshwater^r r,^r:,,o e ments, for example
including finfish;,s��n mollusks such as snails and clams; crustaceans such as shrimp and
crayfish; and seaweed aquatic plants. The term "aquaculture" is also commonly used to include
marine water, or Maricultured, species such as oysters, ba steps, lobsters , and sugar kelp.
LAND-BASED AQUACULTURE - The cultivation of marine and freshwaters organisms in a
man-made structure, such as an on-land building or pond. ^^ firm ^� ^ ^^• '+ •r^ +�^+ a^o� „^+
take x,laee ; a natural body of water or marine efivir-onment.
Updated: 3/1/2017 10:30 AM by Lynda Rudder Page 3
Resolution 2017-215 Board Meeting of February 28, 2017
MARICULTURE - The cultivation of marine organisms in saltwater, for example finfish;
mollusks such as snails, oysters, and clams; crustaceans such as shrimp, crabs, and lobsters;
and marine plants such as sugar kelp.
BONA FIDE AQUACULTURE/MARICULTURE FARM OPERATION - Indicators of a
bona fide aquaculture/Mariculture farm operation include, a farm operation, as defined herein,
engagedquaculture and/or Mariculture that:
1. Has obtained all commercial cultivation and harvest permits required by the New
York State Department of Environmental Conservation Law and a permit from either
the New York State Department of Agriculture and Markets or the Suffolk County
Department of Health Services when the farm stand offers on-premises consumption,
and
2. Has access to underwater land, including, but not limited to, a lease, riparian rights,
a grant, fee title to underwater land, or a franchise within the Peconic Bay Estuary or
Town waters, or has land-based cultivation infrastructure.
ROADSIDE FARA4 STAND or AGRICULTURAL STAND -A booth, stall eT display area
eeedi g 50 less than 100-5-0 square feet in area located on a faFffi parcel on from which
eult r-a pf!od ets home e fruits, vegetables or plants are home grown and sold to the
general public.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Updated: 3/1/2017 10:30 AM by Lynda Rudder Page 4
RESOLUTION 2017-221
ADOPTED DOC ID: 12827
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2017-221 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 28,2017;
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed Local Law entitled"A Local Law in relation to
Amendments to Chanter 280-4,Agriculture"to the Southold Town Planning Board and the
Suffolk County Department of Planning for their recommendations and reports.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Southold Town Board - Letter Board Meeting of February 28, 2017
3�gllFfOl.F RESOLUTION 2017-221 Item# 5.31
ADOPTED DOC ID: 12827
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-221 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 28, 2017:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed Local Law entitled"A Local Law in relation to
Amendments to Chapter 280-4, Agriculture"to the Southold Town Planning Board and the
Suffolk County Department of Planning for their recommendations and reports.
,6", 6?.qC4"
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated March 1, 2017 Page 47
` MAILING ADDRESS:
PLANNING BOARD MEMBERS �a P.O.Box 1179
{$ •t`e� ' + ' � Southold, NY 11971
DONALD J.WILCENSHI4N ��
Chair �y OFFICE LOCATION:
Town Hall Annex
WILLIAM J.CREMERS "";, "r
PIERCE RAFFERTY c 54375 State Route 25
JAMES H.RICH III a ��, �^ (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR Ns coin, �0 Southold,NY
Telephone: 631765-1938
www.southoldtowxmy.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD RECEIVED
MEMORANDUM
APR 6 2017
To: Elizabeth A.Neville,Town Clerk
Scott A. Russell, Supervisor Southold Town Clerk
Members of the Town Board
From: Donald J. Wilcenski,Chairman
Members of the Planning Board
Date: April 5, 2017
Re: Resolution#'s 2017-215 &221, "A Local Law in Relation to Chapter 280-4
Definitions related to Agriculture
Thank you for the opportunity to review the proposed changes to Chapter 280-4 Definitions
relating to agriculture. The Planning Board notes that the definitions take a step towards
providing equity among different types of farming in terms of direct marketing and activities that
are allowed on farms. For example,the definition for an"agricultural processing building"is the
same for any type of processing,whether it be grapes into wine, or berries into pies.
To determine the impacts of these new definitions, the future changes to the `Use regulations'
sections of the zoning districts will need to be proposed and evaluated. If these definitions are
added to Chapter 280-4 prior to their being added to the use regulations, there is some potential
for them to have an impact because they will conflict with existing Chapter 72, and questions
about which definition prevails will certainly occur. In addition,because the use regulations
already contain the permitted use of agriculture,there may be an unintentional and immediate
implementation of the new definitions, depending on how they are interpreted by Town
departments.
Concerning the new definitions,the Planning Board identified several areas where clarifications.
will be useful.These ideas for clarification will benefit from discussion, so the recommendation
is for a code committee meeting to fine-tune the clarity and brevity of these definitions.
A larger concern,however, is that these definitions treat a farm stand and a winery tasting room
the same by placing them both under the definition of an `on-farm direct marketing building'.
These uses have different impacts and must be treated differently to protect public safety and
quality of life.
l � 1
Agriculture Definitions&Request to Update lbwn Code for Wineries(continued)
The Plannin "Board:res ectfulL -re uests that the_Town-Board take immediate action-to amend
,and clarify the Town Code with respect to:winexies.,The farm winery industry has evolved since
the-adoption of the code sections that address wineries.This evolution, along with changes to the
guidelines by the NYS Department of Agriculture and Markets regarding farm wineries,as well
as the relaxation of licensing rules for farm wineries by the NYS Liquor Authority,has led to an
increase in the variety of proposals presented to the Planning Board.
It is the opinion of the Planning Board that the Town Code has failed to evolve with the industry
and provides little guidance to the Planning Board when reviewing winery applications.This has
not only impacted the Planning Board's ability to process site plans for wineries; it has also
impacted the workload of the Zoning Board of Appeals as applicants seek variances, and the
Planning Board seeks code interpretations.
The Planning Board recognizes that wineries are a significant and valuable asset in Southold
Town; they provide good jobs and help agriculture remain a viable industry. Updating the Town
Code will improve the review process,provide clarity and certainty to vineyard and winery
owners, while also enhancing public safety and the quality of life of town residents.
Set forth below in greater detail is a list of issues the Planning Board recommends be addressed
in a code update for wineries. To ensure the list of issues is comprehensive,the Planning Board
recommends a meeting with the Town Board and representatives from all relevant town
departments to identify all that needs to be addressed in the code regarding wineries,vineyards
and their related uses.
The Planning Board is currently processing more winery applications at one time than ever
before. Updating our Town Code to address the vineyard/winery business as it is evolving must
be a priority for the Town. The residents of the Town need an updated code to protect their
quality of life, and vineyard and winery owners need butler-code.to;provide clailty in thoprmit
process. The Planning Board and other Town departments need a updated'code tohelp-guide
decision-making for new wine-related businesses. It is an,urgent sittiation that needs quick.
action.
Thank you for your consideration.
2
Agriculture Definitions&Request to Update Town Code for Wineries(continued)
Outline of issues related to wineries recommended to be addressed in a Town Code update:
1. Current Town Code '
a. Wineries are a permitted use under Town Code §280-13 A(4), and there is further
definition in this section:
t
i
`Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine made from primarily
Long Island grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to
vineyard or other agricultural purposes, and which is owned by the winery
owner;
(c) The winery structures shall be set back a minimum of 100 feet from a major
road; and
(d) The winery shall obtain site plan approval.
b. There is no definition of the different terms that are used when discussing a winery,
including: winery,""wine production,""tasting"' "tasting tasting room" in the Town
Code., §280-4 Definitions(B)provides guidance for finding the definition to be used
by the Town:
`...Any word or term not noted below shall be used with a meaning as defined in.'
The Town Code states the definition contained in Webster's Third New International
Dictionary of the English Language, unabridged(or latest edition) shall be used when a
word or term is not defined in section 280-4 of the Town Code. In many cases,the Webster's
definition is of little help. For example,Webster's simply defines a"Winery" as"a building
or structure where wine is made."
2. One question the Planning Board is increasingly facing is what constitutes wine-making and
what level of wine-making must be present for a building to be considered a winery.
At their public meeting on December 5, 2016,the Planning Board heard testimony that a
winery is present when the following is true:
a. Wine in bottles are stored on site(because wine is still being"made"in the bottle as it
ages), or
b. Wine fermenting in barrels are stored on site(with no other typical wine-making
amenities such as a lab, crushing pad, separate septic system for process water).
Clarifications requested: s
• What specific activities must be present for a building to be considered a winery? Some
activities noted on past site plan applications: '
3
l
Agriculture Definitions&Request to Update'Lown Code for Wineries(continued)
o Crushing Pad
o Lab
o Drain for process water
o Separate septic system for process water
o Tanks for fermentation
o Barrel fermentation area
o Case storage
o Bottling
• Is there a minimum quantity of wine that must be made on site for a building to be
considered a winery under Southold Town Code?
• For wine to be sold on site, is there any connection that must exist between the amount of
wine made on site and the total amount of wine sold?For example, if the site only makes
one barrel of wine a year, and all the rest is made off-site, is that a winery use allowed by
the Town Code? See"wine-tasting"below.
• A useful tool might be to connect the amount of wine produced on site with the size of
the building permitted. The amount of wine produced could be a general range and have
allowances for occasional crop failure.
• The concern is that the Town will see a proliferation of over-sized commercial buildings
on agricultural/residentially-zoned land that might not be supported by the agricultural
use. Will future owners of large winery buildings have to resort to catering many events
to make ends meet? Will these buildings become code enforcement issues over time as
investors attempt to make back their investments in the buildings and the land by
engaging in uses that are not allowed in zoning?Examples of this already exist in the
Town. Is there any way to prevent this through better legislation? How many acres of
grapes are needed to support a winery and tasting room? Should there be a relationship
between the acres of grapes being grown and the size of winery and/or tasting room
building? Should there be a maximum size for winery buildings and/or tasting rooms?
The lot coverage maximum is not adequate to serve this purpose because it allows
buildings to be as large as 20%of the parcel size.
• Is an educational component about the wine itself required to be provided to those tasting
the wine?
o What separates wine tasting from a drinking establishment?
3. Where does wine-tasting or a tasting room fit in with the current code?
4
Agriculture Definitions&Request to Update Town Code for Wineries(continued)
Is wine-tasting or a tasting room part of the principal use? (Town code says a winery is a
Il'
place where wine is produced and sold). See Town Code §280-13 A(4) above.
• Is wine-tasting or a tasting room an accessory use? See Town Code §280-13 C(10)
below:
Wineries may have an accessory gift shop on the premises which may sell items
to wine, such as corkscrews,wine glasses, decanters, items for the storage and
accessory
�
display of wine, books on winemaking and the region and nonspecific items bearing the
insignia of the winery. Wineries may not have a commercial kitchen as an accessory use
but may have a noncommercial kitchen facility for private use by the employees,
• If wine-tasting or a tasting room is an accessory use,what proportion of a building must
be devoted to wine-making for the winery to be considered the principal use? Or must
there be a relationship between the amount of wine made on site and the amount of wine
sold on site for the winery to be considered the principal use of the building? °
• Wineries may not have a commercial kitchen as an accessory use but may have a
noncommercial kitchen facility for private use by the employees. It has been observed
that an increasing number of wineries are having food trucks and other food vendors sell
food to its customers. Does selling food increase the likelihood that visitors to the winery
will stay longer er and drink more? What effect does this have on other food establishments
planning or at all or
do we leave it to
,II in the town? Should food trucks be addressed in site
market forces?
• The code also needs to address situations where the winery is in a separate building from
the wine-tasting.
4. Currently, the code does not require any grapes be grown on site for a winery use to be
permitted. Should there be a requirement for a minimum amount of land area in
vineyard/grape production for a winery to be permitted? Should a winery be site planned
sense to plan the site to ensure a future winery
prior to the vineyard being planted?It makes
is site in the best location,however should the building be allowed to be constructed prior to
any vines being planted?
5. Should there be a limit on the number of accessory uses permitted at a winery.
6. Should there be some allowance for a small tasting room for,a vineyard of some minimum
size,without the presence of a winery? If so what are the parameters?Acres of vineyard, size
of building,number of vehicles on site,building occupancy,outdoor occupancy, size of
weddings and other special events.
7. Should there be a requirement for certain minimum infrastructure to be present for new
wineries?Infrastructure could include a major road with clear sight lines for driveways, or at
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Agriculture Definitions&Request to Update Town Code for Wineries(continued)
least a public street with minimum paved width, especially for the larger wineries with public
tasting rooms that can attract hundreds of patrons at one time.
8. Should the required 100' setback from a major road be expanded to other types of roadways?
9. Should there be a minimum distance, setback or buffers required to preserve the quality of
life from existing residential neighborhoods or residential zoned properties much like
transition buffers required between commercial and residential uses?
10. The Planning Board recommends that parking requirements for wineries be adopted. ;
11. The occupancy of the winery use is often under-calculated because occupancy is generally'
applied to the building, and ignores the outdoor spaces. Most wineries,however,have
outdoor serving and seating areas that accommodate many more people than the building,
and these areas are not addressed in the code with respect to parking, septic systems and
number of bathrooms. A lack of sufficient on-site parking and bathrooms causes adverse
impacts to the surrounding area. To better plan these uses,the Planning Board needs a better
process in the code that could account for total site occupancy including the outdoor area.
12. The Planning Board also recommends the adoption of regulations to help preserve viewsheds
along the Scenic Corridors of NYS Rt. 25 and CR 48 when siting new buildings.
13. Correct the oversight in the code language for wineries in the,Light Industrial (LI)zone
which requires wineries to have retail sales,where retail sales are otherwise prohibited in the
LI zone.
14. The Planning Board is also processing brewery and distillery applications that are not
specifically contemplated in the Town code and share some of the definition and site
planning challenges of wineries. Consider adopting regulations that identify and define how
and where uses including breweries, distilleries,cideries, and related uses may occur.
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