HomeMy WebLinkAboutWineries SOUTHOLD TOWN BOARD
PUBLIC HEARING
December 5, 2017
7:30 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 8:05 PM
COUNCILMAN GHOSIO: WHEREAS, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 8th day of November, 2017, a Local Law
entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection
with Use Regulations for Wineries in Residential Districts" now,therefore, be it
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
5th day of December, 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,
Zoning, in connection with Use Regulations for Wineries in Residential Districts" reads as
follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in
connection with Use Regulations for Wineries in Residential Districts".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to wineries in order to
better protect the quality of life enjoyed by Southold Town residents while at the same time
promoting wineries and other forms of Agritourism within the Town of Southold.
i
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 2
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Chapter 280. Zoning Article III. Agricultural-Conservation (A-C) District and Low-Density
Residential R-80, R-120, R-200 and R-400 Districts
280-13. Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(4) Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine is produced, processed and sold.
The wine shall be made from grapes of which at least 80% are grown on
the premises or other land owned by the winery owner;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to the growing of
wine grapes , and which is owned by the winery owner;
(c) The aforementioned 10 acres devoted to growing of grapes shall be in addition to any
land where structures are to be built and should not be included in calculations as to whether the
lot size conforms to the bulk schedule for the proposed use or uses on the parcel.
(d) The winery structures shall be set back a minimum of 100 feet from a major road; and
(e) The winery shall obtain site plan approval.
C. Accessory uses, limited to the following uses and subject to the conditions listed in§ 280-15
herein:
tLQLWineries may have the following accessory uses:
(a) A have—an-aeeesser-y retail 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.
(b) In addition to wine made on the parcel, 20% of the wine sold at a winery may be from
other Long Island wineries.
(c) Wineries may not have a commercial kitchen as an accessory use but may have a
noncommercial kitchen facility for private use by the employees.
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.
I do have an affidavit that this has been noticed in the Suffolk Times, as well in the Town Clerk's
office on the Town Clerk's bulletin board. And I do have a few letters here that I believe I
should read into the record. `Dear Town Board Members, Though I agree completely with the
purpose of the proposed legislation, and the need for action, it is clear that this action will do
little to nothing to improve or protect the quality of life for the citizenry of Southold Town. The
most obvious problem is traffic during the busiest agritourism period, fall weekends. This is the
direct result of one of the two major east-west routes on the north fork being effectively closed
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 3
by east bound cars waiting to make left turns on the narrow, two lane Sound Avenue. The
offending operations are not even wineries. There have certainly been incidences of serious
problems related to noise and bad behaviors of winery patrons. These should be addressed
through laws related directly to the actual issues. Noise regulations should be strictly enforced,
with serious penalties. Trespassing and bad behaviors should be handled through laws related to
those issues. If new laws are needed, they should be established to hold establishments
responsible for the control of their patrons. Controlling the source of fruit for winemaking does
nothing to affect the needed changes. It will probably move some farmland away from active
cultivation. Many of the grapes grown in Southold move between producers. There is a definite
need to protect the well-being of the residents of Southold but I urge you to do this through laws
that actually address the problems. Please, on behalf of all the people and businesses involved in
the wine industry in Southold, I urge you to table this proposal now to allow for the development
of a more comprehensive and effective law. Sincerely, Sam McCullough.' I have another one,
this I believe was an email from Randy Wade...
UNIDENTIFIED: I am sorry, I was so confused by what was being proposed on the website. I
only heard hearsay what was being proposed but I would like to comment in writing after this
hearing is...
COUNCILMAN GHOSIO: Are you Randy Wade?
SUPERVISOR RUSSELL: Yes. Okay, yes, we will defer.
COUNCILMAN GHOSIO: And I do have a letter here from the Peconic Land Trust. `Dear
Supervisor Russell and Members of the Town Board, It is very clear that there are legitimate
concerns on the part of the Town Board, residents and the agricultural community that need to be
addressed. Given the importance of this issue to the future of our community and the ag
industry, we request that this public hearing remain open to keep the dialogue open. It is our
hope that a collaborative process can be put in place to find a win/win solution. The Peconic
Land Trust is here to help and we are available to serve on a working group with the Town,
growers and residents at the table so that a mutually beneficial resolution to everyone's issues
can be reached in the coming months. Thank you for your consideration. Sincerely, John
Halsey.' And that is all I have.
SUPERVISOR RUSSELL: I would invite anyone that would like to come up and address the
Town Board, the one thing I would just ask, please speak as close to the microphone as possible,
so the people in the back can hear.
BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Thirty years ago I used to work in
Hargraves, in the winery out here but I am going to be very brief tonight. I don't feel like this
hearing should not be held, it shouldn't be continued. I was working all day, this morning I
looked again at the proposed agenda, the draft agenda. The law was not on the agenda. It didn't
say that this was a public hearing regarding on wineries. All it said was chapter 280. Chapter
280 is zoning. That includes not only the zoning map and the description and characterization of
the zoning districts but they also throw in there other land use regulations including for wireless
communication facilities, parking and loading areas, signs, non-conforming uses in buildings,
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 4
farmland bill of rights, special exception uses of all types, site plan approvals of all kinds,
administration and enforcement-AKA the building inspector and department, the Board of
Appeals, the only major land use regulations that aren't in there are the Planning Board and the
subdivision regulations which are in chapter 240. But to have a hearing on chapter 280, this is
not going to be a hearing on chapter 280. I am not surprised that one of the people that actually
took the time to write a letter were not prepared to discuss the subject of this hearing. In the five
minutes since I have been here, I've read the proposed law and there are some very serious
violations of basic English and common sense in that law. So, you know, if you are going to put
together an agenda, if you are going to run a town, you need to understand how the law works,
how communications work, how websites work. There is a law that says the agenda should also
reference the items on the agenda. Doesn't have to be incorporated into the same document. It
can be referenced via a link, in a separate document. That would save a lot of paper and enable a
lot more people to know what you are really talking about. This particular law which you
proposed tonight should be seen in the context of the other laws in the so-called town code of
laws. The code of laws shouldn't be something that only lawyers can pretend to understand.
Everybody should be able to understand it and we could, if this town would operate the
government in an open manner. I have tried many times to help the town with the website with
the code committee which all of this, I believe should have been prepared in the code committee,
I have no way to verify that since the code committee doesn't have a secretary, doesn't keep
minutes and I don't have time to go through all of the stuff that you do put on there or go through
it because it's a waste of time if you are not going to give us the information that we need to
intelligently address the issues. Thank you.
SUPERVISOR RUSSELL: Thank you, Benja. Who else would like to address the Town Board
on this? Yes, Steve?
STEVEN MUDD: Good evening, my name is Steven Mudd, I am with Mudd Vineyard in
Southold, I would like to ask each Board member at this point to state their position on this new
code. Is that a possibility?
SUPERVISOR RUSSELL: It sure is. I can give you my impression for the time being but I do
want an opportunity to hear everybody and then ultimately render a decision based on the input
that I get. I think to suggest that I am going to sit here with a strident position and then
everybody's wasting their time is not accurate, it's not what I have ever done here. So I can tell
you what my impression in, number one, there's a misunderstanding. The current code already
requires 10 acres. It already requires another two acres for the winery, the core complex.
Already does, we all know that. What this does is it requires the 10 acres, not just in agricultural
production but actually just growing grapes. The second component which is the 80 percent
processing. I have got to be candid, we adopted, we had cross-referenced this code based on this
new code, we cross-referenced to the definitions we just adopted a year ago. Now at that
meeting, that night, the proposed for agricultural processing building said from a sole operation.
It more or less proposed that 100 percent of the products be grown by that operator, alright?
That night there was a lot of opposition that was raised, some wanted 60-40 based on a farm
stand standard which really isn't pertinent. I know some commentators that have criticized this
had actually recommended 75 percent that night, so 80 percent isn't missing the mark by that
much. I had a meeting in that conference room with several people from the industry or from the
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December 5, 2017 page 5
agricultural industry and we were working out the numbers and I, we settled on 80 and we went
around to see if that was viable, I even talked to somebody that wasn't there and you know, a
potato chip maker and everybody thought that number was viable, so that's where that number
came from, alright? We were going to change the code. Remember that night there was a lot of
pushback on that 100 percent but I was asked to adopt the code that night by the ag advisory
committee because they felt like it had gotten so far down the pike, let's just go ahead and adopt
it and work out the glitches or details later which is exactly what we are trying to do. With
regard to the 80 percent processing on site, I had already mentioned to, I know Frank Perretta
raised that as a concern last week, I agreed with him. I went to ag advisory the other night and
said you know what, maybe we need to revisit the 80 percent on site. I need to look at it. I don't
know for sure, I am not going to say that I am not going to require it. I wanted to understand
more about the processing process. But I do think that's something we should be discussing in a
little bit more detail. Regarding the other proposals, the, it should be understood that not one
single winery in Southold Town that's already been approved or that's already in the pipeline to
be approved would be impacted by this one bit. Not one. it does not prohibit people from
buying grapes and making wine, buy all the grapes you want, make all the wine you want. It has
to do on where you are going to land that sales component and if you are going to buy grapes,
process wine somewhere and you want to open a winery, for the time being, a commercial
operation or a commercial zoning area seems to work. If you can get yourself to the position
where you can meet the other criteria of the code.
MR. MUDD: Alright, Scott. You are misinterpreting my question. I apologize for that. What I
asked for was other Board members that are sitting up there with you share their opinion
(inaudible). That's what I am asking.
SUPERVISOR RUSSELL: Fair, Steve.
MR. MUDD: If Mr. Ghosio could start, that would be great.
COUNCILMAN GHOSIO: At the moment I don't have an opinion one way or the other
because I am not an expert in the wineries and wine making. I find it very important and very
telling that so many people came out tonight to discuss this, which tells me that there are a
number of things that we need to consider. One is the impact on the community as a whole and
the impact on the businesses and so I don't have an opinion one way or the other at the moment
because I am waiting to see the input. Perhaps ask the question at the end of the hearing I might
have a little bit more to say. But that's where I am at the moment.
COUNCILMAN RULAND: As I have said before, the process which always seems to me to be
flawed, this discussion should take place prior to whatever draft is prepared. There have been a
number of meetings. There is a caveat that the law doesn't allow it to operate that way but there
have been a number of meetings especially with the Alcohol Farm Products Working Group that
have been poorly attended. I have attended a lot of them, so there was a time for input but my
input for the, I agree basically with Bob. What is said tonight is going to drive the final product,
there is no question about that. Certainly valid points have been raised and will be raised. Those
are the things I need to listen to. Because I can't make an informed decision. The fact that in a
lot of ways, if the draft was just vacant, then you take the input, insert it into your draft, come up
Amendments to Chapter 280, Wineries in Residential Districts
December 5, 2017 page 6
with something that was acceptable and the process would be a lot more workable and easier for
everybody. But the process doesn't work that way. So what we have here is a large number of
people, many of whom I think are going to speak and give their opinion. Which is what is most
valuable to me.
MR. MUDD: Fair enough. Ms. Doherty?
COUNCILWOMAN DOHERTY: I would echo my colleagues but also, this is the process that
we go through and I am not going to pretend that I know the process that you go through to make
your wine. I am here to listen. We are here to do this together. We are just six people, we are
here for you guys and everybody in the town and it's a business that's thriving in the town and
brings a lot of tourists in this town. You all know we are, a lot more people are coming out here
and we have to keep up with the times, we have to balance it out, so you all make your money
and you can run your business but we can also have the health and safety and welfare in our
town and I am here to listen to everybody, so I haven't formed an opinion yet either way.
MR. MUDD: Great, thank you for your comments. Mr. Dinizio?
COUNCILMAN DINIZIO: As you know, Steve, I have been involved since Gristina vineyards,
I have been involved for 35 years and I have been involved since the first special exception was
given to Gristina vineyards in Cutchogue. So I have seen it grow. This particular law, if you
want my comments on it, I would prefer that the 80/20 be something more verifiable than what
we are looking at in this code. Appellation is one I think the north fork, you know, the south
fork and if we can somehow, I know that's enforced by the SLA, if we can somehow come to an
agreement on that, if a winery is willing to put out the quality of a north fork designation, that
they get the goodies. What am I talking about? I'm talking about having the fund raising part of
the equation, which is quite honestly the elephant in this room. I have no objection at all to
someone purchasing 10 acres, having, producing their product. It is a different product than
broccoli, certainly the alcohol part of it concerns me when it's going into a residential
neighborhood but I just think that this particular law doesn't address the winery part of it. So I
am looking for answers. I have my own strong opinions but you know, I read what was going on
on Facebook and all the comments and quite honestly, you know, there's a side to this story that
I didn't quite understand and not everybody grows grapes. Some people just make wine. Some
people just grow grapes. Some people purchase grapes. You know, I just drive up and down
Southold Town as I work and I just see a winery and grapes, quite honestly. I install alarm
systems for a living. I am willing to have that discussion. My personal feeling is I would rather
that 80/20 be verifiable. If it's, the SLA has to tell us that, that's where I want that.
MR. MUDD: Thank you each and every one of you for your comments. I appreciate it. I just
want to be put on the record to let you know, I am just a grape grower, okay. I am just a farmer,
okay. Believe it or not, grape growing is farming, okay? It's real important that you folks
understand that, okay? I have been a grape grower in Southold since 1974. 1 don't make wine. I
sell my grapes or I used to sell my grapes to local wineries or I used to. And now, going into my
44th year, I have to ask myself, if you folks pass this into code, who is going to be allowed to buy
my grapes? Can anybody answer that? Probably not. This is a major concern I have. Who is
going to be allowed by this new code to buy my grapes, 44 years later, okay? I have been on the
Long Island Farm Bureau board of directors. I have been on the Southold Agricultural Advisory
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December 5, 2017 page 7
Committee. I currently sit on the Suffolk County Farmland Protection Board. I am real familiar
with farming, okay. I am not sure this Board is calling this a potential new winery code. It is
really confusing to a farmer. I am not sure what the logistics is. this proposed new code in my
opinion, is a 100 percent anti-farming code. One hundred percent. I am requesting that this gets
voted down tonight by all of you or a majority of you and please, let's go back to the table and
re-group. Thank you for your time.
ANNE MURRAY: My name is Anne Murray and I live in East Marion. I am here as a member
of the Alcohol Farm Products group. I sent a letter to the Board on behalf of the group asking
you to not vote on this resolution this evening and to table it and we would also, as a committee,
ask that you extend our term for at least another six months because we have many more issues
to consider and we would ask that you not vote on this. Thank you.
SUPERVISOR RUSSELL: Who else would like to?
LOUISA HARGRAVE: Hi, my name is Louisa Hargrave, I am in Greenport. I thought that I
would make some comments today because I have been working as a member of the Alcohol
Farm Products working group and I guess a lot of you aren't really familiar with what we have
been trying to do so I just wanted to review a little bit, since April 24th, I and the other members
of my group have attended over 16 meetings to discuss possible changes in town code regarding
wineries in Southold and I myself have also spent many hours researching ideas and possible
solutions to the problems that concern us all. I sold my farm as you know in 1999 and I have no
stake in the wine business but I do believe in saving farmland, especially farmland here in
Southold. I have a question for you Board members, specific question, did the language in the
proposal before us today come from a code committee meeting on October 19th? Is that where
this language came from?
SUPERVISOR RUSSELL: I don't remember the exact date of the code committee meeting but
we had the discussion at work session and then deferred it to the code committee and I know it
was noticed five days prior to the meeting. It was publicly noticed.
MS. HARGRAVE: Okay, because the reason I ask is that I was told that there was going to be a
code committee meeting on the 19th and I was planning to attend the meeting and then I was told,
quote, they are not looking at anything that concerns our committee, so there is no point in going.
So I didn't go to that meeting and since then, I found out that as you mentioned here on
November 8th which was the day after election day, (inaudible) and Scott, you sent us an email
with the contents of the resolution on November 29th, so our committee that was tasked with
coming up with language that we were planning to propose was put up for a public hearing and
we didn't even know about it until November 29th. So I am just wondering if those of you who
are on the Board are aware that this language that is in the code does not reflect the works of our
group? Are you aware of that?
COUNCILMAN DINIZIO: I would say that, I recall the code committee meeting, that we had
the discussion, my concern is the 80/20, I don't know if that's what you are talking about?
MS. HARGRAVE: We didn't even talk about that at all at our meetings.
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 8
COUNCILMAN DINIZIO: Honestly, that's the gist of this code as far as I am concerned. As
far as a, I would assume or I did assume that time that the person that was presenting those
recommendations to us at that code committee meeting was the chairman of the committee that
you are on.
MS. HARGRAVE: Who was that?
COUNCILMAN DINIZIO: Mr. Purita.
MS. HARGRAVE: Well, Mr. Purita didn't tell any of us in our group that that was happening or
that he was doing that.
COUNCILMAN DINIZIO: Well, like I said, I am sitting in a room...
MS. HARGRAVE: I mean, he told me he wasn't going to the meeting.
COUNCILMAN DINIZIO: But hold on, I am sitting in a room, a gentleman from a committee
that I appointed is giving me recommendations, we had a spirited discussion and after that, my
personal feeling is that what the committee presented to us, whatever it was, that gentleman
presented to us and we acted on it.
MS. HARGRAVE: Okay. Well, I mean, fair enough but it's kind of interesting to me. So we
didn't intend that there be a hearing or a vote without having a chance to present a much more
comprehensive and flexible view. So I just have a few more things that I would like to say
because I was, myself, one of the people who decades ago did advocate a 10 acre minimum for
farmland in order to have a farm winery and that all came out of a discussion based on the ag
district assessment size which I think now has changed back to seven acres but so, today I feel
like that legislating that minimum for farmers and I know it's in the code but we can change the
code, it's like making new clothes for a dinosaur. We don't farm the same way now, that
minimum size and this is the crux of my thing about the 10 acre, that minimum size means that
anyone who wants a winery will be forced to spend so much money and we are talking about a
minimum of$5,000,000., that they will have to depend on special events and weddings for their
business model. Our working group, this is part of what we were working on, has been
developing a winery definition that allows for marketing in a more comprehensive framework
for wineries. And unlike the code before you, it does consider tasting as an accessory use. It's
not just sale of wine but you can do your marketing on site because people like to come out to
the farm itself and taste the wine before they make their purchasing decisions. If they want to
drink wine in a bar, they will go and drink wine in a bar in Huntington or Patchogue or Boston,
New York City, wherever they come from. They come here for the experience of being on the
farm, tasting some wines and then buying some and that's the business model. Of our proposal,
includes legacy wineries and a micro-winery and that idea would be in agricultural zoning with
standards for minimum and maximum planning, like you have to have a certain number of
grapes. I mean, Scott, I agree with you, you should be planting grapes if you are going to be
having a farm winery, having events especially and selling wine, I don't disagree with that part
of it but it needs to be more flexible. So this micro-winery could be on less than 10 acres of
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December 5, 2017 page 9
grapes. In our concept, there would be a small reception area, kind of like what you see if you
go to Europe and visit these little wineries. It would be the size of a farm stand or smaller. It
would only be open by appointment, especially on the weekends. So this would give existing
farmers a chance to diversify into wine or for a young farmer to get a chance to get started with a
focus on quality rather than tourism. Part of my question is, why can't we, it seems like this 10
and 2 and all this regulations just like some concept made up in the sky and brought down to
Southold Town and I think if you look at some real businesses and be guided by them, I would
like to make a suggestion that you be consider Roanoke Vineyards, they have five acres of
grapes, five acres of grapes, they do grow grapes on Sound Avenue. I think they also buy
grapes, their wines are collaboratively fermented at Wolfer and their tasting room is only open to
wine club members. There is minimal traffic, it is a good business model. Why can't someone
buy an existing farm and adapt its existing buildings to wine making and marketing? That
worked fine for Bedell and Lenz, my old winery, why do you require a new building if one
already exists? And as for the mandate that a winery or a farm grow 80 percent, this is the most
important part and I know a lot of other people are going to talk about it, the 80 percent mandate
of what they sell on land they own. Our group didn't discuss it, we didn't advocate it and I do
believe it would end the 40 years of Southold as a farm wine region. And to that point I just
want to say, in the last 10 years that I did have a farm winery in Southold between '89 and '99,
more than half our grapes came from farm land we leased in Mattituck and that's because the
grapes that we had planted initially on our own farm, we bought certified, disease free material
from California, it was full of disease, it had viruses and didn't give us the quality or the, we had
to rip most of it out and replant, so we leased land, (inaudible) this 80 percent would pull us out
of business right away and so I think that's an important point. I personally had been stuck in the
mud in farming here and I have been stuck in traffic and I don't see any reason for us to sling
mud now. I feel like you as a Board as well as we citizens of this town need to decide how we
want Southold to look in 10 or 20 years. How many of you on this Board are aware that there
are right now venture capitalists who have bought large acreage and they are waiting to plant
marijuana. Do you know that? Raise your hand if you know that. Okay, I am telling you that
there are people that bought land and as soon as marijuana legalization is expanded, that's what
they are going to do. How many applications for new houses are pending? Quite a few?
SUPERVISOR RUSSELL: As far as subdivisions go? There's only one subdivision that I am
aware of that exceeded 10 lots, that was at Royalton Estates in Mattituck.
MS. HARGRAVE: Actually the farm that we were leasing, which was Manor Hill, that a few
years after we stopped working it, was abandoned and it is now owned by someone else and it's
a large acreage and god only knows what's going to happen with that but that was a case where
(inaudible) when we were farming it, it was planted in grapes and it's gone. So I feel like it's up
to you, the Board, you are taking it very seriously, I am glad you are taking it seriously. I don't
think you should vote on this now or ever, I think we need to maintain the dialogue and I think
you have to decide what this place is going to look most like. Is it going to be Burgundy, is it
going to be Baldwin or is it going to be a town of barbed wire? Thank you.
SUPERVISOR RUSSELL: I'll listen in just a second but just a couple of issues since I was at a
lot of those meetings. First and foremost, you had originally supported 10 and 2, the issue was
how much would be grapes or not? Now, Louisa, let me just explain though. I told you we
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 10
could look at smaller parcels for wineries. Cull them out, treat them differently. My term at the
time was small scale, you had taken that now as micro. I told you those were the things we need
to look at. But they have their own host of problems, so they really need to be culled out of
what, you know, the larger more traditional wineries. I've already said that, that we need to do
that and that's what you guys had started working on. I didn't necessarily agree with the draft
you had proposed and I made my voice heard but I have told you from the beginning, those are
the things we do want to look at because we recognize that some of these smaller facilities,
provided there's enough safeguards in place are something that are probably going to evolve into
a bigger future in Southold Town. I already told you that.
MS. HARGRAVE: See the thing is, well, first of all, I personally did not vote on a 10 and 2
because of all the things I said and I made this argument. you brought this up at almost every
meeting we had, we have got to vote on 10 and 2, you can change your mind later but we have
got to vote on 10 and 2 blah, blah, blah. And I tried to make the argument that it pushes people
to have a more expensive basic investment that forces them to have more special events. you
want 10 and 2, you are probably going to get 10 and 2 and I agree that there should be grapes
planted there and I don't want to be argumentative but I am just saying that I don't know why you
would bring code forward knowing that we have more comprehensive ideas that you endorse, it
does include smaller wineries. But what concerns me is this could go forward the way it is
written today, which by the way does not include a tasting room at all as an accessory use, you
could go ahead and you could vote on this and then just never even look at the smaller winery. I
feel like, you know, we are much more flexible in the way we farm today and honestly, I am so
impressed by the farming community as being collaborative in the way people, they loan each
other equipment,they help each other with this and that. You know, you need these grapes, we'll
make a deal with you. They trade for this and that. it's everybody has got the same interest at
stake and everybody is worried about the issues like traffic and I mean, I said we are all stuck in
the same traffic but the wineries aren't about the traffic, there are other issues. Scott, I think you
are really a man, you are very smart, you think things through and you are very articulate but I
think that it's misguided to go in this direction but most specifically, based on, for the purposes
of this hearing tonight and I am not going to dominate this conversation but we as the Farm
Alcohol Working Group worked really, really hard and it's like, why? It seems like you already
knew what you were going to put forward, you put it forward and we didn't even know about it.
I don't think that's a collaborative process, you asked people to volunteer hours and hours of
really sincere work and that's what I personally did and so, I just think that it's time to, I am glad
we are having this public hearing, I guess because we are going to hear other opinions and I am
glad that members of the Board are going to take it seriously because we need more flexibility .
And if you are going to take a vote and especially if you do endorse a more flexible concept then
let's bring that forward as a current proposal not what we have today.
SUPERVISOR RUSSELL: I appreciate that but I was at a few of those meetings and every
single meeting, you endorsed 10 and 2. The whole discussion at that time was whether it should
be the 8 and grapes....
MS. HARGRAVE: You can look at my vote. You can look at my vote.
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 11
SUPERVISOR RUSSELL: What we decided then, I kept saying look, all these different
wineries and these different, they all have different needs. Just break them out, treat them
separately, because they have different issues. - Because they might get a little closer to
residential areas so you might want to think about the no, and I was the one that told you, one of
the local growers that has a small winery, that is having trouble getting through the process. I
said, bring him to the meeting and discuss his challenges and his model, that way you can learn
more about what the needs are for what they call boutique wineries. I told you to do all that.
This 10 and 2, we didn't, we didn't ask you to create 10 and 2, its already part of the code. The
issue was whether it needs to be grapes or privet hedges. And right now, with applications
growing privet hedges, we felt like we needed to move on. At the very least, have someone plant
10 acres in grapes.
MS. HARGRAVE: This is like, this is the privet law. And I am against privet.
COUNCILWOMAN DOHERTY: I just want to make one comment to what Louisa said, I
consider this, what we are talking about tonight, just a part of all the changes that need to be
made. This is not a one and done you know, this is just something we thought we could clarify
so we can move on and this would help us so we are all on the same page of what we are talking
about and then we can move on to make the changes. I believe that we can get to something that
works for everybody eventually on this and then continue on working and making the rest of the
changes we need to make.
ROB CARPENTER: Thank you for the opportunity to speak. My name is Rob Carpenter and I
am the executive director of Long Island Farm Bureau. Long Island Farm Bureau represents the
agricultural industry in Southold and on Long Island, including our members in the vegetable,
nursery, greenhouse, aquaculture and wine industry. I would like to thank the Town Board to
present our testimony in opposition to this proposed code. Farming in Southold Town has been
an integral part of your 377 year history and we have traditionally worked very closely with
Southold Town to ensure that agriculture can survive and prosper here. Productive farmland
gives Southold its rural character that so many residents and visitors have come to appreciate and
hold out as a benefit of what makes Southold a very unique place to live, work and play.
Tonight you will hear from many farmers and at this point, I would just like to ask all the farmers
in the room to stand up and be recognized. And as a side note, in my 32 years of working for
Farm Bureau, I consider these people to be heroes, much as the policemen and the firemen and
the teachers. They are the ones that feed us and provide the food and sustenance for us to live.
Tonight you will hear from many farmers who are here to express concerns and dismay at the
proposed code changes. With over 9,600 acres of farmland in production, agriculture comprises
almost 30 percent of the land base in Southold Town. Farmers have a tremendous amount at
stake. The Town Board talks about wanting to protect the citizens of the town and I would like
to remind you that the members of the farming community are citizens of the town. And I ask,
how are you protecting them with this proposed code? We oppose this legislation on many
different levels as it being overly restrictive in the agricultural conservation zone. In town code,
it specifically states the town has the ability to reasonable control and to the extent possible,
prevent unnecessary loss of those currently open lands within the town. By requiring an
ownership component, you limit what new and beginning farmers are able to do when
establishing new operations. Very few young farmers are going to be able to spend over $1
Amendments to Chapter 280, Wineries in Residential Districts
December 5, 2017 page 12
million just to buy the land necessary to start an agricultural operation. I am asking does the
Town Board support young farmers? How are you helping the next Alex and Louisa Hargrave to
establish an industry or business in the town? Furthermore, many of your school districts have
started agriculture education programs to teach children about where their food comes from.
How are you sending an example to encourage our youth to continue the industry of farming?
We believe this is just a first step in regulating other segments of our industry. Every town
government that rallies against being told what to do by other restrictive entities, I find it very
concerning that you are undertaking to do just that to agriculture. The Supervisor is correct that
some of this language is already in town code. That is the code we should be discussing tonight.
The relaxation of the overly restrictive code on the books. With a requirement of 80 percent of
wine be produced on your own land in the AC zone, you are restricting the total gross sales that a
business can have if they are situated in those zones. I ask, what gives any government entity the
right and ability to restrict a business sales in any way, shape or form? Will you do the same to
other businesses that are located in the AC zones that are written into the code? Such as
homeowners that have home based businesses. Our other main concern with this proposed code
has been the lack of full industry participation in the crafting and development of this language.
No input was gathered from the broad industry or even of the industry it most affects. As a
representative of all of agriculture, I have talked to dozens of farmers in the town who had no
knowledge of this code, nor was it every presented to a wide audience for input. As citizens,
residents, landowners, business owners and farmers, the agricultural industry is angry that our
voice was not widely heard or engaged in this process. With almost 80 percent of the land
owned by farmers, a major industry within the town that creates jobs, the rural character, the
farm community will no longer be denied a voice in matters affecting our industry. The town
board by virtue of allowing this misplaced legislation to come to public hearing tonight has
awakened a sleeping giant. The farm community will no longer stand for being pushed around.
We will no longer stand for being intimidated and we are here to tell you that we will be a force
to be reckoned with and we are watching and watching very closely what happens in this town.
We offer tonight to you, the Town Board, our willingness to sit with you and members of the
community and the agricultural industry, to engage broadly on any of the issues of concern that
you may have. We are willing, ready and able to engage so a workable solution can be found by
all involved. Most importantly, we the agricultural industry, strongly urge that you withdraw
this proposed code tonight or if you have the will, vote on it and do so now to vote this now so
we can move forward with a workable solution for your concerns. We ask that you resolve this
situation immediately. Remember, the farm community is watching. Are you with us or are you
against us?
SUPERVISOR RUSSELL: I know I have to let people speak but these are the definitions you
asked me to adopt in April 11 of 2017 which defined the on farm processing from the sole
operator. Now I have already said that we might need some flexibility there. Certainly the 100
percent, I already said that we need to revisit and I thought I did at a meeting some months ago
but you guys can't keep moving the goal post on me either. You know, we are trying here and
we are trying to get a number that, what works for you? I got 75 percent from one, I got 60
percent from one. What's the number?
MR. CARPENTER: Can I ask one question? I think they gave you the answer but can I ask one
question?
Amendments to Chapter 280, Wineries in Residential Districts
December 5, 2017 page 13
SUPERVISOR RUSSELL: No agricultural production of any kind by anyone that wants to build
a winery? They are not required to grow agriculture of any kind? Is that what zero means?
COUNCILWOMAN DOHERTY: On an agricultural piece of property.
SUPERVISOR RUSSELL: Yes.
MR. CARPENTER: I think there are already guidelines in place that should be looked at, both
in town code, state code and SLA code that can address some of these issues. To come up with a
fair and workable solution and we ask that the industry be consulted on a broad level, to sit down
with all of you and work this out. Mr. Russell, we have asked numerous times to be included in
these discussions. And yet we have yet to be invited to a meeting with some of the industry
participants and sit down and work together on this. We very much would like to work with you.
We very much would like to solve this problem and very much come up with a workable code
for everything. So we ask that you include us and we stop and move forward in a workable and
constructive manner.
SUPERVISOR RUSSELL: I told the Farm Working Group to bring in who you need to bring in.
I told them don't listen to the lobbying on the outside, bring them into a meeting and have the
discussion there. I told them that. And I also went and met with you prior to any of the
discussion about any of the need for change and I gave you three or four pages of bullet points.
So you knew there were issues there that need to start getting worked on. We did what we were
asked to do which was to adopt the definitions and even though we knew it was a little bit flawed
and a little bit stringent, we were asked to adopt it anyway by the agricultural community.
MR. CARPENTER: And I ask, who was it that inserted the language at and from a single
operation because I know that did not come from agriculture or from the ag advisory committee.
SUPERVISOR RUSSELL: The agricultural processing, it is right here. That was adopted, it
was noticed April 11, we got a lot of comment on it and it was adopted April 25. Those
definitions weren't drafted by the Town Board, they were drafted by the Ag Advisory
Committee. That language? That was part of the Ag Advisory's, they came to us at a work
session. This was....really? You were at the work session, you were at the hearing. I suggested
tabling it.
UNIDENTIFIED: The Ag Advisory Committee as a whole was against that provision.
SUPERVISOR RUSSELL: Then why did they ask me to adopt it? At the public hearing, I was
asked to adopt it. Ag Advisory members, you really need to jump in here.
COUNCILWOMAN DOHERTY: Whoever speaks, you need to come up to the mic and state
your name.
SUPERVISOR RUSSELL: I am being disrespectful, frankly you have the right to speak. I
shouldn't be arguing every little point, I will concede that.
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 14
COUNCILMAN GHOSIO: Before we move on to other people...
MR. CARPENTER: Thank you for the opportunity to present and we do want to work with you.
COUNCILMAN GHOSIO: I have a question for you, you said that you feel intimidated, what
do you mean by that?
MR. CARPENTER: Yes, I have spoken to many farmers in the Town of Southold and I have
asked and encouraged many more people than are here tonight to come and people have told me,
they are afraid to speak out for fear-of repercussions.
COUNCILMAN GHOSIO: Such as?
MR. CARPENTER: Such as if they decide to put a proposal to the ZBA or the Planning Board
or any other Board within the town that their application will be delayed, denied or not moved
forward for whatever reason. I have no facts to substantiate that but the fear is there and you
should know about it. People shouldn't be afraid to speak out and they shouldn't be afraid of
intimidation by anybody and if that is a concern of the farming community, I would ask you as
the Town Board to please address that because you are a good town board and that kind of fear
shouldn't be there in the community.
COUNCILMAN GHOSIO: I am glad because I was trying to get to the crux of that matter
because I didn't like the way that that came across because I didn't understand it.
MR. CARPENTER: Sure.
COUNCILMAN GHOSIO: Well, I just heard somebody say you are intimidating us right now.
I have just been listening so I don't feel like I am intimidating anybody, so that's why I asked. I
wanted to know where that was coming from.
MR. CARPENTER: Sure. And I remain available to answer any more questions tonight or
afterwards. Thank you.
CHRIS BAIZ: Good evening, Supervisor Russell and members of the Town Board. My name is
Chris Baiz, my family and I operate a small winery and vineyard here in the east end of
Southold. I am speaking to you tonight directly as the chairman of the Southold Town
Agricultural Advisory Committee. Several of the committee people are here, on our committee
are Karen Rivara, Lou Carrocciolo, John Sepenoski, Tom Stevenson, Jim Glover, Mark
VanBourgondien and I knew I was going to forget someone, Doug Cooper. How could I forget
Coops. Did I get everybody? We also have as out town board liaison Mr. Bill Ruland who has
given us very good counsel. I also want to thank the Town Board over the last five years, to
allow us access to the town attorneys both Martin Finnegan in the past and Bill Duffy in the
present, both have been very helpful in helping us craft legislation. I realized once I was given
the assignment to chair the agricultural advisory committee that one of the things we need, we
needed to think about is drafting proposed legislation for agriculture and there's a lot more to go
than what we have got so far but the most important thing is getting the words on the paper and
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 15
then I bring them to the ag advisory committee and they shred it for me until we can get it
reduced to a manageable accurate set of definitions, set of permitted uses, and as the Supervisor
noted back in April, the Town Board did pass a comprehensive set of definitions for agriculture
that we haven't had in the past and it was really borne out of my sense and experience and
understanding that for agriculture to survive out here in what the United States Department of
Agriculture has said is the most expensive farm land in the United States of America to operate
on that you don't do it with broccoli or potatoes, you do it with value added finish products and
the only reason my family went into the wine grape business was that was the only agricultural
crop out here in the Town of Southold that was allowed to go through to a value added product.
It's not that it is wine or alcohol or anything like that, it's that it is a value added product that
gave us enough cash flow dollars per acre to sustain our expenses and costs so that we could
continue to stay here. So on that basis, we decided to set forward and develop code that would
allow all of agriculture to take those next steps forward. They don't have to be in wine, they
don't have to be in any alcoholic beverage. They could be in anything else so long as they were
allowed to go to a value added product at the end of the line and reap the benefit and those cash
flow dollars that they would need. So, having said all of that, all you members of the Town
Board know that we have-a working relationship and we keep passing things back and forth of
what we need to do and how we need to address the future of agriculture here on the assumption
that we are going to keep 10,000 acres in agriculture for at least the next two or three generations
and then it will be up to those generations to keep it going for the future. So last November 29,
Wednesday evening, was out last regularly scheduled meeting of the Agricultural Advisory
Committee in November. There was a quorum present, a motion was moved by Mark
VanBourgondien and seconded by Doug Cooper and all members voted in the affirmative for
that proposal and that was that they had asked the chairperson of the Agricultural Advisory
Committee to address the Town Board on the basis that the Agricultural Advisory Committee
does not support the legislation as currently'written and you know from our discussions this
morning and Scott, from our meeting yesterday afternoon, Doug Cooper and you and me that we,
there's obviously room to move on here. I guess one of the biggest fears as I seem to get it and I
don't get it very well, my skull is pretty thick, the whole 80/20 thing, some concerns are that then
becomes the ratio for all of agriculture which you know, I don't know how that works. What I
have come to learn and understand is that agriculture in the Town of Southold and probably
wherever else you go in the United States where it's amongst a variety of small communities
such as we have here, is it's a very organic globe of bargaining and trading and horse trading and
crop trading and everything else so that farmers can present for their own retail sales at their
farm stands or what have you, somebody grows sweet corn better than the next guy or somebody
else grows tomatoes better like Doug Cooper says he does and you know, and what do they do,
I'll buy some of your tomatoes if you take some of my corn. And obviously for a few of the
people in the Alcohol Farm Products Working Group, after they first went out on a couple of
tours of the wineries, especially the novices on the committee who have no experience with the
wineries in the past, they were really amazed at how much cooperation there was amongst wine
makers and vineyard managers and various operations and you know, this is the way the whole
system works and then to inject solely or 80/20 and I don't know what the right number is. At
the April public hearing, Sam McCullough said let's start at 51 percent you know, he was willing
to go to 75 percent. In another meeting yesterday, Doug Cooper said how about 60 percent.
And you know, we are 80-60, we are this close. We are not that far apart. We are this close.
And my comment at that point was how about just straight two thirds? Which is to say, your
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 16
parcel produces, your 100 percent that you put through your place and then you can have another
50 percent from somewhere else,just as a starting point. I mean, one of the things with any of
these products, agricultural products, is where are you going to sell it all? And certainly, we are
all specialty growers because of the size of our operations. We are not 15,000 acres of soy beans
in southern Illinois that is operated by one family. And so, you know, we are all these specialty
products and they have limited markets. You can't sell everything and then take the rest of the
year off. We are constantly working year-round. So as I have said, we would like to suggest that
we keep writing the legislation, improve it. The Ag Advisory Committee has also drafted a
number of different definitions that would suit the code and I thank you for your attention.
I
SUPERVISOR RUSSELL: Thank you.
ADAM SUPRENANT: I am Adam Suprenant, Southold, New York. Before I start, I just want
to tell the Board that I am speaking as a private citizen and business owner here in Southold. I
am a property owner as well. I have no connection with the LI Wine Council, either as a member
or a board member, okay. I would like to just clear the air on one issue and it was something that
you mentioned to me at the last Alcohol Farm Bureau, farm products meeting, that I attended
some meeting with Steve Mudd and Karen Rivara I think the names came up where, let me just
finish, I just want to state for the public record that I never attended a meeting where 80/20 was
discussed. It, never happened. I talked to Steve Mudd, I never called Karen but we were
scratching our heads, trying to figure out how this got all blown up on social media. I guess
according to my wife because she is my social media, facebook person, I don't even remember
the password on how to log in, so I just want to tell you, I wasn't involved with that at all. Okay?
Moving on to the proposed code, I totally disagree that it's better to pass a poorly conceived,
poorly written and just plain bad law to take care of an issue. I think the citizens of Southold
deserve better from its Town Board, okay? There's no way that you can possibly address a
complex industry such as the wine industry which involves both farming and processing, like
other industries, you know, industries that make potato chips with just ten lines in the code.
Okay? We, the amount of changes that Governor Cuomo has put through up in Albany has
really transformed our industry, okay, and made it possible for a small operator like myself to
buy a few tons of grapes, okay, and then open up a storefront in commercial zoning where retail
is allowed to 'sell my product and make friends and build my brand. Now, my dream as a wine
maker would be to own my own vineyard and I would make the best wine by growing 100
percent of the wine I made. There's no doubt about it. But some years, it's just not possible.
There are things like crop failures that happen, we get hurricanes. I think anybody who has
grown some backyard tomatoes knows some years you get them, some years you don't. Okay?
so I think that the way I read the code as proposed, okay, it is just a really egregious, it's a way
that the town l'is regulating what happens at a winery through zoning code. Okay? When the
zoning code, I think in the zoning code, 1 personally think it's reasonable to have a winery
operation be a bona fide agricultural operation. In the town code, that's seven acres. There's
even a provision in town code for less than seven acres. These are in the definitions, okay? But
somehow the town has landed on an eight acre minimum on ten acres. This doesn't make sense.
This doesn't conform to where the definitions are, already existing definitions in town code.
Okay? When the town has and the ag advisory committee has spent a lot of time coming up with
definitions for ag processing, farm building, farm operation and other terms that were passed at
the April meeting and so when the town talks about farm operations in the definition and I am
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 17
going to paraphrase here, that it can be on contiguous or not contiguous parcels. Okay. Owned
or rented, yet we have in another section of the definition of the proposed code and also in a
definitions, that require the parcels to be owned and contiguous. So here we are experiencing
direct conflict with what's being proposed and what's written in the code, okay? So what I
would like to see going forward is that the town adopt in the code, I think we should have a
permitted use of ag processing, okay, and that a winery is an agricultural processing facility that
makes wine. That's what it does and I think Chris is working on definitions and there should be
a definition for winery tasting room. That way when you go into the accessory uses or the
permitted uses, you can just say you are allowed to operate a winery tasting room and everybody
knows what that is. so I would encourage this town, the Town Board to table or vote down these
recommendations, to go back, work on the definitions, let's, I think that the approach that you
took Supervisor Russell to get the definitions about ag processing into the code is the right first
step. And I think you can do the same thing with wineries and that means later on, the code is
easier to write because right now you are defining winery in the use section and it's the wrong
place. I just don't understand why you would define a winery in the use section and not in the
definition section. I have got one more point to make, guys and then I will yield the podium.
The 21St amendment of the United States Constitution repealed the 18th amendment which
everybody knows is prohibition, in section two, okay, it gives the states the power to regulate the
importation of alcohol. Okay. This is largely been interpreted that the state has the sole
authority to regulate the sale of alcohol within its borders, okay. In the accessory use section, I
believe it's c-10, there's a 20 percent, the town is allowing 20 percent of wine sales from another
long island winery. I believe this part of the code would not be able to stand a challenge in a
court of law, that is the town decided to defend that part of the code, it would result in a costly
tax-payer battle and I would strike that part of the language from the code because it is
unconstitutional. So finally, to sum up my little five minutes of fame here, I would like to thank
all the people who have worked on the Ag Advisory Committee and the Alcohol Farm Products
Working Group, these are volunteers, you all get paid, these people volunteer their time, okay,
and work hard on these issues and I feel like they should be commended for their efforts to go
above and beyond being great citizens of the town of Southold.
COURTNEY SCHAUDEL: Hi, my name is Courtney Schaudel, I have a business in Mattituck.
I actually have a letter from my father who actually has three businesses in the Town of
Southold. He couldn't be here tonight so he sent me with this, `To the Southold Town Board, I
am writing this note in support of the wineries because due to my work schedule, I cannot attend
this meeting. Eleven years ago I came out here to open Jedediah Hawkins Inn, although the inn
represented a business opportunity, it was the north fork that lured me in to the impossible
situation that opening a restaurant in an extremely seasonal area provides. I didn't come out here
to make a lot of money. One would have to be delusional to hold that belief. I came here to lay
the groundwork for the future, for myself and my family in what I consider to be the next Napa
Valley, a destination for food and wine. Next year will be my 50th year in the restaurant business
and coming to the north fork is like coming to Disneyland for a chef like me. After all those
years, having the chance to be around the farms, the bay and the wineries was seductive enough
for me to override my business sense and tough it out but now I find myself questioning that
decision. It seems as though the Town of Southold has it in for the wineries and this move is the
latest example. I don't pretend to know the nuances of the law or the jurisdictions involved but I
do know bias when I see it. For the town to be dictating percentages, acreage and growing seems
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 18
heavy handed and outside their area of expertise. I can name 15 people who would potentially
be put out of business if this goes into effect. These folks have significant investment,
employees and time and effort applied here. What's to become of them? Also, what prevents
the Town of Southold at some future meeting from deciding restaurants have to buy 80 percent
of their produce from Southold farms? Or because of noise and traffic concerns, restaurants can
no longer have more than 60 seats. We seem to be at the mercy of a few folks whose agendas
just need to be clarified. I have businesses up the island and I speak to an awful lot of folks who
come to visit the north fork. They always tell me, we are coming out to visit the wineries and we
like to stop at one of your restaurants. Not once have I ever heard we are coming out to one of
your restaurants and we would like to stop at a winery. My business, in season and off, depends
heavily on the wineries. We get tourists in seasons and workers in the off-seasons. The wineries
and the farms are the entity that is keeping the land preserved and the bucolic nature of the north
fork intact. If at some point government regulation runs them off, that land will wind up looking
like Levittown which has plenty of noise and traffic. Be careful what you wish for, ladies and
gentlemen, if you kill of the golden egg goose, the dominoes will fall. Traffic and noise can be
managed, vacant land and storefronts cannot. Thank you for listening. Respectfully, Tom
Schaudel.'
ABRA MORAWIEC: Hi, my name is Abra Morawiec I am a resident here in Southold Town. I
am also the owner and operator of Feisty Acres Farm in Jamesport. The last time I met you Mr.
Supervisor, you had come down to my farm for a final bobwhite quail release in support of Girl
Scout troop 1971 in Mattituck. I would like to thank you for showing up, that meant very much ,
to the young girls and it meant very much to me and I also know that it meant very much to them
to have a positive experience with a small farmer involved in the agricultural community here. I
stand here in front of you and also the councilmen and women of the board, however, as a
member of slow food east end, I am the co-chair of the agricultural outreach committee. I would
like to submit a letter I had written to the Town Board, if it is possible. I know that it is very late
and I very much apologize for it tardiness but I have copies for everybody. Before I begin with
the letter I would just like to tell you a little about myself. You can probably tell by my name I
am not from around here, my family lives in Brooklyn and I began Feisty Acres with my partner
in 2015. I am a small farm now, we lease about seven acres and that's all we can afford right
now. We are hoping to be able to expand within the following season. I would not be able to
operate my farm business if I had to own those seven acres. I would not be able to operate my
farm business if I had to own 10 acres or 5 acres, it doesn't matter. I am a first career farmer, I
don't come from a second career where I made a couple hundred thousand dollars and I am
looking to invest it. I like to tell people of how I started Feisty Acres with $11,000 and some
really good relationships and mentors, farming mentors, out here who are also small farmers.
But let's get on to slow food and what we think it's about, `Slow Food East End is a dynamic
chapter of Slow Food USA, part of the international Slow Food movement that promotes food
that's good for us, good for our environment and good for the people who grow, pick and
prepare it. We are fortunate to be located in an area where Slow Food principles of`good, clean
and fair food for all' are lived by our neighbors: farms, dairies, wineries, cheesemakers, artisanal
food producers, fishers, beekeepers and more. Agriculture has long been and continues to be a
unifying feature of our community. It is of great concern about the proposed zoning changes
regarding wineries that legislation did not go before the Ag Advisory Committee before being
drafted. It is also of great concern that agricultural entrepreneurs will be extremely limited in
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 19
how they can gain a foot-hold in our thriving and ever changing town. This change to the code
would make it very difficult and prohibitive for young farm businesses to walk before they run.
Rather than having the option to start slowly, by leasing a small piece of land with minimal
investment risk, farmers will be forced to purchase a minimum of ten acres. This single
qualification alone would put a halt on new and growing farm businesses, stripping away any
opportunity to grow and add value to their neighborhood. In short, small farms would continue
to fade from the horizon. Without the opportunity to lease land and forge a foundation, many
young and beginning farmers who are currently here would not exist in the capacity they do
today, if at all. There are families who have been living and working the land here for
generations, but there is also a great renewed interest among young and beginning farmers to
create a life and build viable farm businesses. These new farmers need support and flexibility
from their local townships and governments, not barriers. Many of them cannot afford to
purchase land but opt to lease land instead, especially in a region of the country where land
prices are at a premium, such as our north fork. To farm, whether one raises livestock, grows
grapes or harvests shellfish from the bay, is a difficult livelihood. Yet the presence of these men
and women in our day to day lives enriches our agricultural community and heritage. Their
enterprises creates jobs for our sons and daughters, bring in tax revenue and add to the natural
beauty of our home. The farm community, of which Slow Food East End is a part, is united
against this proposed legislation. In order for us to provide `good, clean, fair food for all' we
choose to stand behind our agricultural families and friends.' Thank you very much.
RUSSELL HEARN: My name is Russell Hearn, four of us own a 20 acre farm in Mattituck.
We just planted two vineyards, I was the founding partner of premium wine group 18 years ago.
I have lived and worked on the north fork for 27 years. I am a Cutchogue resident. I am going
to talk less about code but I want to go back to where Steve first started. This is the whole
question. It was about sort of education, ideas and thought processes going into this and the
board asked for ideas and suggestions. We are talking about the AC areas so we are talking
about the agriculture areas of the north fork and I think that the town has always been pro-
agriculture. On the town code there are several stated goals and I will read a couple. Being
conscious of the challenges of agriculture due to the high cost of land and the outside
competitiveness. Grow local, buy local is a win-win for all involved. Stimulating partnerships
of owners of fallow land with young growers from a leasing standpoint. These are all stated on
the website for the town code, the Town Board. Throughout the world, every wine region is
made up of growers and wineries. There are very few, I think Burgundy is probably the only
region that I can think of in France is predominately, you grow what you make. On Long Island,
in our region, there are 22 independent growers. Steve put his hand up at the beginning of
meeting as one. There are 20 of the 56 wineries that do not grow grapes. So those 22 growers
sell to wineries that do not grow grapes. Twenty do not grow grapes. Thirty six wineries in the
definition if you will, that grow and produce their own fruit. But I would venture to say that of
those 36 wineries, there are very few that grow 100 percent and probably very few grow 80
percent. Starting a winery in the old days, if you will, you would plant a vineyard or you buy
land year one, you would plant year two. It would take three or four years for you to come on
line so by time you have got your first bottle of wine for sale you are at least six years in. we
talked about the economic burdens inside of that, so what wineries have done in the past is they
have bought land, they planted vineyards and while those three or four acres, three or four years
of production are coming into production, they have gone ahead and bought grapes from other
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 20
growers and other wineries, produced wine and that has allowed them to jump start their business
and obviously pay for the, help pay for some of the huge capital investment. This code, this
proposed code would not allow something like that. Another example would be and Louisa
talked about it very briefly as well as Adam, is a hurricane. We had a spring frost, we'had
mother nature issues throughout the growing season. A winery that is in conformity of maybe
growing 20 acres of vineyards, making 60 tons worth of wine, all of a sudden has 5 tons or 8 tons
because their crop was wiped out from frost or from damage. The town, this proposed code
would only allow them to buy 20 percent additionals, as opposed to having 60 tons worth of
production, they might only have 10 tons worth of production from their own vineyard, buy two
tons more, they are a fifth of production. What's going to happen? They are going to be laying
off personnel and probably out of business before their next crop or maybe two years down the
road has come on line. So there has to be much more flexibility when it comes to buying and
selling. Another example of a winery within the township of Southold, has 200 acres of land,
produces maybe 300 tons of their own production themselves and sells 300 tons to other
wineries. Another winery that is outside the township of Southold, we are only talking about
Southold but this could always happen in the future, grows about 180 tons themselves and buys
over 700 tons of fruit. The net of what we are talking about tonight and hopefully in the future is
agriculture in the township of Southold. That's 1200 tons, that's 400 acres of agricultural land in
the township of Southold. Under the proposed goal, that model would not be possible. If you
were to say 85 percent of the fruit needs to come from the north fork appellation, I am not
proposing any code change but we are already doing that. The number one driver of our bottle
price is our appellation. You put North Fork of Long Island on there, you could if the quality
allows, $30, $40, $50 a bottle. Put New York State on that bottle, you are getting $15 a bottle.
No matter, even if the quality is the same. So we are already protecting the industry by what we
do anyway, and lastly, again I am trying to stay away from code because I think when you are
talking about traffic and noise, that's other things but this is more production and where we are
growing and how we are growing, I would like to give one more example, there is a winery
currently in the township of Southold that grows 26 acres of their own fruit, they produce it all
into their own production over the years. To my knowledge they haven't bought a grape from
anyone else in the last 20 plus years, they don't buy and resell anyone else's bottled wine, so
they would be 100 percent compliant with this new proposed code. That winery is Vineyard 48.
Thank you very much.
SUPERVISOR RUSSELL: That's a good point but let me point out, every winery within the
Town of Southold is compliant with the code because they are not impacted by this new
proposal. The existing wineries, this has no bearing on existing operations, it would only be for
new.
MR. HEARN: I suppose one last point if I may? This would set up a completely uneven playing
field for future wineries to try to get into the business versus existing wineries. I think that is a, I
don't know the legal ramifications of that but I cannot believe that is the goal of the Town Board.
SUPERVISOR RUSSELL: Fair enough.
DOUG COOPER: Good evening, ladies and gentlemen. My name is Doug Cooper, Mattituck
farmer. The, it seems to me that what we are facing tonight is fear. Fear perhaps on your part
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 21
because of changes taking place, fear on our part because we are not sure that we will not be
allowed to have changes that we need to continue. So let's try and get beyond this fear. In this
proposed code, I strongly agree with those that are talking about the necessity of owing 10 acres
or 12 acres if you are going to have buildings when the land can be rented, much more
efficiently, much less costly. The need for, the prohibition of small wineries or small outlets like
that, I think is excessive. Let's work together and come up with some better code and ideas. I
have the greatest respect for you guys, you ladies and gentlemen, I know you, we have been
around a long time. I think we can all be reasonable and work together. The one thing I am
disappointed with is that this proposed code did not go to the Ag Advisory Committee. I wish it
had. Perhaps a lot of this would have been settled there and worked out. But I understand the
ways things went. Having farmed, our family has been h ere 200 years or more, what it has
shown, when I look back and see is change. That's the one constant in agriculture is change and
it's going to take place. What was here 30 years ago is not here today and won't be here 30
years from today, what's here today. And that's what we have to embrace and that's what we are
asking for, is the ability to have change and deal with it. Thank you.
SUPERVISOR RUSSELL: Thank you, Doug. I am going to let him go.
MARCUS ROBERO: My name is Marcus Robero, craftmaster hops, 20 acres in Mattituck of
hops. I just wanted to say to the proposed legislation, I don't agree with it. Once you start
regulating one part of agriculture, what's to stop you from regulating, potatoes, hops, breweries,
distilleries, grain, where do you draw the line? This is more of a question for the board.
SUPERVISOR RUSSELL: Do you want me to answer?
MR. ROBERO: Yes.
SUPERVISOR RUSSELL: You have raised an excellent point and this is the irony to all of this.
The rest of the ag segments are regulated much more heavily. The farm stand code, even if these
plans or these amendments are adopted, the farm stand code is-still far stricter. And the fact of
the matter is, that farm stand code was drafted by people from the Ag Advisory Committee and
the Town Board and it's far stricter and you all know it is. On top of that, they had concerns that
maybe some people were doing end run around the farm stand code by not asking us to create a
license to make people come in annually to prove that they are adhering to that code. Every
segment of the ag industry has to live within certain parameters. Fair or not, there's parameters
in terms of the focus in the, I am sorry, it's a long answer but you gave me the opportunity. The
parameters and the whole focus of the agricultural conservation zone is to promote production,
promote agriculture and this was based on that, the production, there's three components, there's
production, processing and sales and I am just talking about from the zoning perspective. The
idea was, well, I will talk about it later as to why I thought there was some necessity to address
the issue.
MR. ROBERO: So then the other part would be what makes 80 percent the right number?
SUPERVISOR RUSSELL: That's a good question. Actually, when we originally talked about
the farm processing facilities we had the hearing that night and I thought that we needed to
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 22
revisit the 100 percent that was in there and the state more or less looks, you know, 100 percent
of what you're processing from the sole farm operation. I thought that was, we thought that was
restrictive and we said maybe we need to revisit that and I can tell you specifically who stood up,
Sam McCullough said 51 but it's got to be more, maybe 75. Chris Baiz said 75. The lady
representing the Farm Bureau said 60 based on the farm stand code. So all those numbers were
swirling around. At the end of that hearing, rather than have us table and then revise, re-notice
and re-hear it, they said just pass it, we will work out the kinks later. That's right now the
current code for all of agriculture but for wineries was 100 percent, we got the 80 and I am sorry,
Adam, I know you don't remember a meeting, I don't know, I never said Steve was there. I
thought you were there but I am not sure but I remember a meeting when we went around and
the 80 percent seemed feasible because I had just talked to Marty Sidor earlier that day in
anticipation of that discussion that night. If 80 percent, fine, but then I am getting 75, I am
getting 60. We are not running an auction here. Give me an idea.
UNIDENTIFIED: Inaudible comment from audience.
SUPERVISOR RUSSELL: Again, I am going to mention again, you know, you are banging us
for a code that's been around for over 20 years. When I talked to the committee, I said look, the
full service winery, the tasting room, all that, it's the 10, we have got to figure out if it's a winery
or not. For the smaller scale, they present a couple of unique challenges so let's cull them out,
and address them separately. We never said we wouldn't allow them, we just said we need to
treat them a little bit, you know because there's an intense use that can go on so we need to make
sure there's more safeguards in those, particularly on smaller parcels that can be nestled a little
bit more closer to the communities and we wanted to see safeguards in place. It's a little bit
more problematic so we need to do it a little more thoroughly and you know, with the
recognition that we don't want them making the wine there or anything like that unless they
really wanted to.
MR. ROBERO: Okay,thank you.
DUNCAN KENNEDY: Duncan Kennedy from the village of Jamesport. My apologies, I have a
bit of a sore throat. Tonight I am coming from, I have two statements I want to read, one is from
Discover Long Island which was formerly known as Long Island Visitors and Convention
Bureau, who are Long Islands official tourism promotion council. This is a letter written by
Kristen (inaudible), president. `To whom it may concern, This letter is to certify support from
Discover Long Island, the islands official tourism promotion agency of our regions indispensable
wine industry and all endeavors to allow vintners and vineyards to flourish in a responsible
manner on the north fork of Long Island. Long Island wine country is a lynch pin for Long
Islands $5.6 billion annual tourism industry which supports over 100,000 jobs across the Island
and generates almost $700 million in state and local taxes each year. What started on the north
fork over 40 years ago as only a few planted vines has developed into a thriving industry that has
rightly entered the world stage for award winning wines and vineyards. With numerous
accolades such as being rated one of the top ten regions of the world by Wine Enthusiast
magazine, the north fork is now challenging competitive destinations such as Napa Valley and
similar (inaudible) for wine tourism. in 2016 a visitor study conducted by RUF strategic on
behalf of Discover Long Island, 34 percent of respondents that had participated in the wine
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 23
tasting activity as part of their Long Island vacation. Additionally, 32 percent of respondents
chose wine country as an area visited during their stay. This is a clear indicator of the strength
and reputation of the north fork's vineyards and its ability to drive economic benefit to the area.
Discover Long Island encourages all means to protect this vital industry that keeps the regions
agricultural beauty alive, drives a year round tourism economy and gives the north fork a world-
wide recognition for exceptional products.' The second thing that I have is actually from the
North Fork Promotion Council which I took over at the beginning of the summer and which is a
not for profit tourism agency that promotes the north fork to visitors. Tonight we wanted to
express support for the agricultural industry and its owners and operators who drive a significant
portion of tourism dollars to this region. It is our experience that visitors arrive to this
destination primarily because of agricultural output. Things have changed drastically. Visitors
experience taste and flavors of the north fork in a variety of ways and establishments. These
include but are not limited to wineries, dining establishments whether they be casual or formal,
farms, farm stands, craft beverage producers and retail. And by extension of just visiting these
places, they go to other places. They take advantage of galleries, attractions, beaches, parks and
such and so on. They round out the north,fork experience with other parts of what we have to
offer here. It's not always just about wine. We are also noticing a trend with visitor stays on the
north fork, we are seeing the guests length of stay shortening but we also see an increase in
visitors so what that means is people are coming and staying less or see more people coming
staying for less time. That is good news. The north fork has developed into a region rich with
many wonderful attributes and attractions, many of which now are sustained by the agricultural
tourism. Our region is also attracting an influx of young people, young business people, Abra is
an example here, who see thriving entrepreneurial spirit in this region and want to start new
businesses in a variety of fields, most importantly, that is agriculture. If I may though, I would
like to pin it to my own personal experience, most of you who have met already know that I am
fairly new to this region, however have been a visitor to this region for over 12 years.
(Inaudible) from the outside and for many, many years I noticed the growth, noticed the
potential and I include myself as one of those entrepreneurial arrivee's who had decided to
purchase a business here. I saw the entrepreneur, I saw the collaboration, I saw what was
becoming a very successful region. I invested real dollars in a property, I took it from a very
weird and unusual past to a standard of living and a standard of accommodation that befits
tourists today. I have created jobs, I have enabled people to stay in this region. I use local
businesses and services wherever possible. The spirit of cooperation and collaboration between
these small businesses out here is quite outstanding and something I haven't really seen in my
corporate world previously. It is truly refreshing to feel that and live that out here and we are not
only making a living for ourselves but making a living for other people. We have to ensure that
this region grows thoughtfully and remains economically viable for future generations. In short,
collectively we are very successful region, desired by many. I urge you, Southold Town Board,
not to vote on this tonight and if you do,please vote no. Thank you.
BOB VANBOURGONDIEN: Good evening, Supervisor Russell and Town Board members.
Robert VanBourgondien. I am speaking on behalf of myself, a greenhouse operation in Peconic.
Most people here tonight have taken target practice at this document. I wasn't going to take it as
big a hit on this but I decided I am going to do it anyway. In your purpose, you state that, you
are promoting that you are going to protect the quality of life in Southold by promoting wineries
and other forms of agri-tourism. I don't see anywhere in this document that there is a seque in
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 24
the rest of it to any of those three purposes. Okay, in permitted uses both A and B are
restrictions to young entrepreneurs, of which I see quite a few probably under 40 here which I
am really, really happy to see because they are the future of Southold. When we are talking
about 10 acres of vineyard, suppose somebody wants to put blueberries in their wine. Can they
have nine acres of vineyard and one acre of blueberries? Other thing is, you have in here, owned
by the winery owner. How about rented, lease or contracted? What also needs clarification is
the bulk schedule, purpose and proposed uses, you need to clarify what the other, what are the
intentions with more than one use in this document. Very unclear. Secondly, it says 100 feet
from a major road. What's a major road in Southold? Are we talking 48 or 25? Or Bayview?
SUPERVISOR RUSSELL: That's been the code since....
MR. VANBOURGONDIEN: But what is the definition of a major road?
SUPERVISOR RUSSELL: That would be, I would have to assume...
MR. VANBOURGONDIEN: Assume, okay, you know the definition.
SUPERVISOR RUSSELL: Well, I didn't craft the, I think I was in college at George
Washington University when that was crafted.
MR. VANBOURGONDIEN: Let the committee recommend the accessory uses which I think
are just a bunch of blabber. Last I want to say is, the last time the Town Board tried to restrict
agriculture was with greenhouse restrictions in five acre zoning. Most of you remember the
outcome of those two (inaudible)...
SUPERVISOR RUSSELL: Inaudible.
UNIDENTIFIED: Inaudible comments from audience.
MR. VANBOURGONDIEN: Well, greenhouses they wanted to restrict where they could be
placed on the property and the size limit on a piece of property which would have made my
greenhouse 3,000 feet long and 50 feet wide. Totally, you know, obnoxious restriction.
Screening from the neighbors, screen from residential areas that we were going to get, stuff like
that. Basically, the other would have been five acre zoning which would have taken away our
equity and being able to borrow and that's basically 17-18 years ago, I was up here as I am right
now, saying the same thing. So I ask that you vote no tonight on the local law amendment to
chapter 280. Let your reported working groups and ag advisory committee move forward and
lastly I would like to say the members of both committees understand agriculture, what
agriculture is, that makes this town so special. They live and work here too. The next generation
will need all the help from town hall to succeed from expedited Building Department, Planning
Board, ZBA, Town Board to succeed in the agricultural world of tomorrow. I would like to
finish by wishing everybody a merry Christmas.
SUPERVISOR RUSSELL: Thank you. I am sorry but you did bring up three issues that I
wanted to address. First of all, the Town Board had proposed moving greenhouses 300 feet back
Amendments to Chapter 280, Wineries in Residential Districts
December 5, 2017 page 25
from a major road. I opposed it, I came to the Town Board when I was an assessor and spoke on
your behalf, I used the winery standard which was 100 feet at the time to say why are you
treating greenhouse operators more strictly? As the supervisor proposed and we passed
regulations that tripled the amount of lot coverage you were allowed on a lot because it was far
too restrictive before. Sixty percent from 20.
UNIDENTIFED: Inaudible comment from audience.
SUPERVISOR RUSSELL: What's that? Did we get to the 60 yet Chris?
MR. BAIZ: Inaudible.
SUPERVISOR RUSSELL: But I, you know I was supporting it 100 percent. And also I was
vehemently against the five acre zoning, at the time very much (inaudible) my leadership in
those days but it was a fight worth fighting.
IAN VANBOURGONDIEN: Good evening, members of the Southold Town Board and what
looks like the rest of Southold Town. My name is Ian VanBourgondien, I am a fourth generation
farmer, born and raised in Southold. I am currently a resident of this town and I am a member of
the Alcohol, Farm Products Working Group. I am here to speak from three different
perspectives very briefly. The first is as a member of the Alcohol Farm Products Working
Group. I would like to state that because there has been a lot of confusion on the matter and to
reiterate what Louisa Hargrave said, that the Alcohol Farm Products Working Group did not
write or suggest the amendments to chapter 280 Wineries being discussed tonight at this hearing
and that we are continuing on working on recommendations to the Town Board. Next I would
like to speak as a young farmer in this town. I have serious concerns over proposed amendments
to the town code that were noticed on November 8, 2017. Mainly my concern is on restrictions
on how wine should be made from grapes of which at least 80 percent are grown on the premise
or other land owned by the winery owner. My concern is also regarding further provisions
stating that a winery must be on a parcel owned by the winery owner. If the code amendments
are adopted as proposed, it would create a very limiting environment for agriculture to operate in
and as well, set a precedent of restriction and exclusion. While these restrictions are limiting for
those already in the wine industry, they especially exclude those that are just starting out. Young
and beginning farmers do not have the resources to buy large amounts of land nor can they
afford the risk. I worry that the natural succession of young people into the industries in this
town of which agriculture is the number three industry, will be impeded. Please consider the
ramifications of these proposed amendments to the town code and any subsequent changes to
other parts of the code and how they will have the ability to either inhibit or allow the next
generation of farmers in their ability to integrate into our local economy. Lastly I would like to
speak as a resident of Southold Town. I am always impressed by the zeal of our community
when it comes to local affairs. Everyone here has come out because they believe something
worthy of their time and attention is happening and they need to be involved on some level. I
believe it is cooperation and discourse that will keep us moving forward. There are many new
and complex issues facing our town but in turn, these require new ideas and solutions that can
make the issues simple yet again. I think this is the direction we need to head in. One of
creative and unique solutions that allow agriculture to remain as a healthy and vital part of our
Amendments to Chapter 280, Wineries in Residential Districts
December 5, 2017 page 26
community that simultaneously aids in preserving our rural way of life. Thank you for your time
and as a farmer, resident and town volunteer, I will continue to offer my aid in addressing the
issues at hand facing agriculture in our town. Thank you.
SUPERVISOR RUSSELL: Thank you.
GAIL WICKHAM: Good evening, Gail Wickham from Cutchogue. I will try to be brief but the
end result is that I hope tonight you will either vote against this proposal or withdraw it rather
than table it to get it towards the, and try to lurch it along to the finish line, there are just too
many changes that I think people have expressed. I think you were trying to put a quick fix on
perhaps the 10 acre definition which has the other agriculture language in it. Personally coming
into this meeting, I didn't think that was necessarily a bad thing, I thought that might be good.
Hearing some of the other comments tonight, I understand a little bit better why that may or may
not be such a great idea at this time but certainly I do think there is a value to requiring at least
some viable farming base in order to have a winery in the districts but it has to address
exceptions like micro-wineries, time frames like start up business issues and other things and the
whole ownership thing has to be addressed really carefully, not just in terms of the way Ian
described, but also very often from a technical standpoint, the winery owner may be different
than the actual entity that owns the land even though they are related. So those are things that
have to be fine-tuned but the problem I think zeroes in on the ownership restriction and the 80/20
and I think that's why most people here are in such a tailspin. With that ownership language
tacked in to, wine from 80 percent of grapes grown on this site or other land owned by the
winery owner and I think you have heard tonight, farmers don't operate that way, they don't
farm that way. They either own the land and tend their crops but they often buy their product,
they lease it, they custom crush in some respects so they don't have to build a huge winery to
accommodate the grapes that they grow or they purchase and those patterns change every year
depending on weather and marketing which are two most important factors in a farming
operation. And so the 80 percent owner requirement, well, it's crushing basically. And it's not,
as I read this, it's not Southold Town friendly unless I am reading it wrong an owner who has a
huge acreage, somewhere else in the country or the world could ship in grapes and on their 10
acre farm, make wine and sell it here. I may be reading that wrong but I think that's an oversight
that needs to be addressed. Completely ignores the benefits to the town of local produce, New
York produce and custom crush facilities. So those are things I think you have to take a much
better look at. the other thing that I have to object to the way the purpose clause and the title of
this legislation is worded and that is usually something that people brush over but I may be
reading more into it than I should but it looks to me as almost a change in attitude towards
farming on the part of the town. Its' entitled regulations for wineries in residential districts. And
I don't know, well, you have to balance residential versus agriculture, there's always that tussle
but certainly at least in an AC zone, we want to focus on farming and balance residences around
farming and around the concerns that are generated by them and I don't, I think as you read
down this code provision it certainly doesn't do that. I mean, we have to keep reminding
ourselves as many people have tonight, that it's the farming that has allowed the town to remain
open, beautiful, sustain our local businesses and our small local businesses most importantly.
Create employment, attract a tremendous economy. The housing has pushed in, I don't think we
have begun to see the push we are going to have on housing but it's really the farms in large part
that have softened the blow of us becoming a mediocre suburbia and so we really have to focus
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 27
on how can agriculture be more sustainable for existing farms, new farms and whatnot and let
that, that consequence produce the open space and the way we want to live. I want to just
answer the question about a major road, the ZBA defined a major road this year as the Main
Road, Route 25 and Route 48 requiring 100 foot setback. That means that on the other roads
most likely you would need a 60 foot setback. So I would urge you to, revision of the winery
code is very complex, the committee has been working very hard, it needs more input from other
people and maybe this will help promote that. it's going to take time and I hope that that can
happen with a logical discourse over the next few months. Thank you.
SUPERVISOR RUSSELL: Thank you.
MARK VANBOURGONDIEN: Good evening, I am Mark VanBourgondien, I am part of the
agricultural community out here, we have a greenhouse in Peconic. Thank you to the Town
Board for hearing us tonight. I just want to make a few comments. Agriculture right at the
moment seems to be blamed for most of the issues in Southold Town. It comes up numerous
times. The agricultural community is a valuable part to this town and gives Southold its rural
characteristic. It is essential for the agricultural businesses to be able to capture the retail dollar
in today's markets. Especially for new startups. These small startups need the ability to change
and adapt and leasing land is a major component of it. If the agricultural environment and they
are not allowed to change and adopt, it will fade away and once it fades away, it will be replaced
by subdivisions or McMansions. Things will change in the next 30 years, just as they have
changed before. Doug Cooper said it perfectly. The only constant in agriculture is change. We
have had to adapt over almost, we are going almost 90 years on business. We have had to adapt
and change constantly and that's the one thing that stays the same. With this legislation, that
does not allow for change. And I ask you tonight to vote no for this proposal.
BILL SADEK: I am Bill Sadek. Thank you for the opportunity to speak before you. I was
asked by some of the winery owners and managers to speak today and I would like to give just a
little bit of history, very quickly, because I know it's late. The agricultural districts law was
being proposed in the early 70's. It was written off for Long Island, there was a meeting at
Polish Hall and everybody agreed, it doesn't pertain to Long Island, we are way beyond that.
The ag districts law is not going to help us on Long Island. Southold Town had the first ag
district a couple of years later. County Executive Klein put together a committee and came up
with purchase of development rights so that the county would buy development rights from land
owners, farmers and they could continue to farm. That's really what attracted, when Hargraves
came out, I had the opportunity and the pleasure of being the fruit specialist in working with the
grape growers and I always told Louisa and Alex, if you learn from your mistakes, 1 must be
pretty smart because we made a lot of mistakes early but look at what happened with the
industry. It grew and it grew in Southold. Southold was the first town to buy development rights
other than the county. Other Towns caught on later. So Southold really promoted agriculture
and did really well with the grape and wine industry. When I read this proposal, things that
really occurred to me first was, number one, owned land. When the ag district was being
debated and also the PDR was being debated, it was determined that over 60 percent of the
farmland was owned by someone other than the farmer farming it. It might be owned by the
former farmer who retired and he is renting it to someone else or it could be placed in an estate in
an S or a C corp. It could be, it may be owned by the family and rented back to the farmer who
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 28
is managing it now. So it is owned by someone other than a farmer. In this particular case, you
are requiring that that person own it and show title to.it. That may not be the case, as they
pointed out. I think Steve Mudd and a few others pointed out. It could be rented, it could be
leased, but it also could be an agreement with the family that owns the land but the vineyard,
winery manager may not. So just keep that in mind. Southold was the leader in the evolution of
agriculture. People in other towns envy us. I live here, too. But let's not ruin it by having
restrictions placed on new and enterprising businesses that come here to develop. Hargraves
started very small. How many acres did you have? Sixty six early on and that was big at the
time. How many did you plant the first year? Okay. So you start small. And a couple of the
varieties you had to take out. The other thing, one of the winery, (inaudible) because I make a
little bit of homemade wine, that's one reason why I am interested in speaking tonight. But the
winery, the wine makers often barter back and forth with other producers because they may have
all reds one year and you know they need some chardonnay, they need some Reisling or
whatever, so they like to have a variety and they get it from their neighbors, in exchange that
way. Farmers, I always loved working out here because farmers always cooperated with each
other. I still have a lot of friends, I feel welcome almost everywhere I go because I worked with
a lot of these people. They are honest, good, hard-working people. And let's keep it going,
Southold has the opportunity to remain as the leader in the evolution of agriculture, I think some
of these restrictions ought to be looked at and re-worked that you are talking about. Thank you
for the opportunity to speak.
SUPERVISOR RUSSELL: I do want to say that Bill, you were an excellent mentor when I
became an assessor, I ended up having to know a lot more about agriculture then just working on
the farms and you were always very gracious with your information and your guidance and I
want to thank you for those years that I was there.
DANIELLE LASCALA: Good evening everybody, my name is Danielle LaScala and I own
Matittuck Florist. And I am also the Mattituck Chamber president. And speaking from myself
personally as well as many of my members, for retail standpoint, tourism is a huge part of our
income. And we rely a lot on that and I understand that things are changing and sometimes
going along with the change, not everybody is comfortable with that but I think if you take the
time and really think about what you are hearing from all of us today you will come up with a
reasonable decision. I have faith in that. So thank you very much for your time.
SUPERVISOR RUSSELL: Thank you.
DEDE THOMAS: My name is Dede Thomas and I live in Orient but I was asked to come and
read a letter written by Peter Carroll who owns the Lenz winery. A winery that has been out here
since 1978, my little, even though I am an English major but I can do a little bit of math, means
we are almost 40 years old. `Dear Town Board members, I think I understand the purpose of the
proposed revisions to chapter 280 but I am concerned that these revisions will not be effective in
addressing the underlying concerns. Moreover, they appear to introduce sever potential market
distortions to the grape growing and wine making businesses that the drafters may not have
considered. These distortions will harm various operations that are not part of the problem. for
example, there are multiple wineries and numerous vineyards on the north fork, many wineries
like Lenz grow all their own grapes, so the majority of wines they produce and sell are made
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 29
from their own grapes grown in their own vineyards but wineries occasionally buy and sell
grapes between themselves. One may have plenty of chardonnay and another plenty of
sauvignon blanc, they each sell the other 10 tons of grapes. Under these circumstances, they
could both now fall foul of the new wording. Forbidding this kind of exchange does nothing to
address the underlying issues of the drafters. Similarly, as new vineyards are established, it is
common practice to seek custom wine making services from established producers prior to the
new vineyard winery investing in its own production capacity. Imagine a winery with 30 to 35
acres of vines being asked by a new vineyard winery to make wine from grapes grown on their
own 10 acre parcel. Both wineries would now seem to be in breach of the 80 percent rule and
yet it's hard to imagine the motivation for the rule is to stop this kind of arrangement. I believe
the proposed revisions can be substantially improved by way of thoughtful consideration of these
and other situations. I suggest the Board withdraws the current proposal and works with the
industry, by which I do not mean just the Long Island Wine Council to establish changes that
address the towns underlying concerns without creating unintended market distortions.
Sincerely, Peter Carroll'
SUPERVISOR RUSSELL: Thank you.
STEVEN SCANARDO: Hello, Board. My name is Steven Scanardo. 2017 was my first year
growing grapes commercially. I have been doing custom work on the side and what I really
want to impress on you guys is just the insane risk, I know numbers have been touched upon by
others but I mean, I knew what I was getting myself into and we had a good vintage but this new
law, if it were to pass, would tip the scales and I would have to back away from my commercial
farming enterprise. The risk would be too much. It would limit the number of growers I could
work with and one of the things I am really thankful for and the only reason I would go back is
the industry here that was really, really supportive. I thought I would just charge in and do my
work and leave but I had a lot of really good people behind me. If this goes through, the amount
that people could work together and the amount of support I could have, whether it's bartering or
helping other people out would be severely limited. So just consider that. I don't have deep
pockets. Everything that I did this year came from my own pockets. And it just made it difficult
but this would tip the scales where I would have to walk away from my commercial farming
enterprises.
COUNCILMAN GHOSIO: How many acres are you growing?
MR. SCANARDO: Nine.
COUNICLMAN GHOSIO: Nine acres?
MR. SCANARDO: Yes. So it's enough for me to manage myself but you know, economy is a
scale game and that would severely limit what I could do.
SUPERVISOR RUSSELL: Thank you.
MR. KENNEDY: If I could just make one more comment related to that, please? So I guess
another hat that I wear, I am the part-owner and wine maker for Lieb Cellars, Lieb owns 42 acres
Amendments to Chapter 280, Wineries in Residential Districts
December 5, 2017 page 30
of vineyards, about 55 acres of land but 42 acres of vineyards up on Oregon Road, we also lease
additional 42 more acres from what was Peconic Bay Vineyards across from King Kullen as well
as Oregon Road. Obviously we are grandfathered in on this but let's say we fast forward and
let's say Peconic Bay was still in business and this was in code, they went out of business.
Those 42 acres would be very unsightly, overgrown, fallow and we have lost 42 more acres of
open agriculture. So I think the ownership rule was one of the kickers, we have to try to look
beyond.
SUPERVISOR RUSSELL: Thank you.
KATHERINE SEPENOSKI: Katherine Sepenoski, farmer in East Marion, Sep's farm. This is
my husband Peter Sepenoski. I thank the members of the Board for the ability to speak as is my
constitutional right, without fear of retaliation, correct? Unfortunately I had to be reminded of
that at a meeting so that I would stand up and speak as a farmer. I wore the jacket I had on at the
polling place located at the East Marion fire house, so that I voted this year. After I cast my
vote, a privilege I hold dear as an American, especially this year 2017, celebrating 100 years of
my hard won right by other pioneering women to vote. Jeri Woodhouse affixed my sticker to my
jacket and my husbands. I respect Louisa as a pioneer in the industry as well, thank you. Next
time the Board members will not have success and that will largely depend on tonight's outcome.
With respect, withdrawing the proposed legislation or voting it down is what we would hope you
would do this evening. Bad legislation, like the development on Rocky Point Road, killed that
land as agriculture forever. The dental plan that went in of four houses and then wasting how
many acres in between?
UNIDENTIFIED: Thirty acres total.
MS. SEPENOSKI: Between every single one. And I hear the refrain from this town is, just
because we made a mistake in the past, doesn't mean we are going to make it again. Usually that
is at my detriment, hopefully, that will be to my benefit this time. that you will not make the
mistake. Some of you know me and I know something about you. One of you shared a meal,
including vegetables, at a church barbecue this summer. One of you collected a$30 payment for
a tire tube I left next to a tree stump in your farm yard. One of you played in the pit band while I
worked backstage during a high school play for my children and their high school peers. One of
you even presented my son a prestigious award and encouraged him to make high achievements
in his studies. Two of you heard my complaint about intimidation at an agriculture meeting and
three of you know how my family, my health and my livelihood have been adversely affected by
speaking up for my rights. Those are only the first threads of my thoughts, threads that connect
me to this community, like the quilt my grandmother made with the blue group, the Methodist
Church in Greenport, she hosted these ladies at her home. The conversation about local life
flowed above my head, watching their hands make those intricate stitches. Before you just
assume you know me and I was just the local girl who married the local farmer who was her high
school sweetheart, you need to be introduced to me. I am proud to share my rich connection to
this land. My great-grandmother was not from here, she was introduced to her husband at a
dance social. They decided to pioneer to the vast prairie land of Montana, big sky country. My
grandmother had grit with a capital G, before her early death helping a farmer and neighbor, she
instilled that early trait and trust in my grandmother. Anna Kathryn is my namesake. She
11
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 31
trained and became a nurse, she married George Cottral, a soldier, veterinarian and scientist.
They started their family and he served our country. When he returned home, he was offered a
job at Plum Island Animal Disease research center. They chose to stay, build their home and
raise a family. I am a Sterling baby, as is my husband Peter Sepenoski. For those of you who
don't know, that means I was born in Greenport hospital. Growing up, I spent a lot of time with
both of my grandparents. Our garden in the backyard had a compost pile, I was given the chore
of mashing the egg shells to enrich the black earth. My grandmother kept me busy, usually
outside. When my grandfather got home on the 3:00 boat from Plum Island, he gave me other
chores. Working on artifacts for the Indian Museum in Southold, he was one of the most
involved members. Often we took rides with my family to those fields next to the Port of Egypt
fishing station in Orient, land that my grandfather Bill owned. There we were told to run about
and explore but always be observant for arrowheads. The farmers often turned over when they
plowed the fields. Plum Island drew many scientists from other countries. My grandparents
hosted them and I was lucky to be introduced to a global community. You start to see the
connections, respect the land, be a steward for the next generation and preserve history. George
and Anna Cottral were also historians. George hosted a garden club at the old school house with
a discussion about Oysterponds history in 1957. The Southold Historical Society has dedicated
the history of Plum Island to him, for preserving the history as a template for them to follow in
writing the book. Grit is in my veins, Anna, the daughter of a pioneer, gives me courage and
passion for what I hold dear. Family and the land we work. Make no mistake, it is work but it is
an enriching life to be a farmer in paradise. When I am challenged, I could chose flight like our
local deer or a might elk from Montana. Instead, when my family, my life's work with my
husband and other peers who don't work this land, I fight. Like a grizzly bear in Montana, I will
protect my rights, my family and my livelihood. The legislation you propose will forever alter
this community negatively. No matter a grape, a turnip, a hop, an ear of corn, we are agriculture
and we demand that this Board defend all farmers. A farmer helps a farmer is what my husband
always says which is why I could leave $30 under a piece of wood on a tree stump for a tire tube.
My children have been raised to respect the land and to innovate, communicate and respect other
ideas and collaborate to leave a positive lasting experience for others. Eric is 33 on Friday, he
was encouraged to pursue his education in a field that makes him happy. We knew farming and
town politics as well as the economy might be a challenge to return to here in Southold. Science,
though a passion, was too easy he said to us. So he chose poetry and writing as his career path.
Always writing about home, he maintained a 4.0 average. He achieved his graduate work at
Emerson and is currently teaching at Northeastern while developing his dissertation for a PhD in
writing about farming. He has submitted a letter that will be read into the hearing. He married
on the farm in 2014, his bride Brenna. Michael is 31 and earned his Eagle Scout at 16. He was
encouraged, like his brother, to choose something he would be happy doing. Michael's choice
was architecture. His dedication, integrity and innovative ideas earned him a spot on the
Wentworth Institute of Technology groundbreaking graduate program. One of only 19 students,
he was challenged to succeed. If not successful, this program for accreditation at Wentworth
would have to wait five more years to succeed. Michael has succeeded and is poised to pass his
last two exams for licensure. He has also a letter to be included in tonight's hearing. He was also
married to his bride, Katie, on the farm in 2016. Threads in the community. Sep, as my husband
goes by, has dedicated his life to growing quality food to the community and beyond. Our
bounty extends to those who may be less fortunate and to civic associations. There are letters
from this year to support those statements. He donated for two years to the sisters of CorMaria
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 32
retreat house in Sag Harbor, in their way of thanks, they petitioned the Pope to bless our family.
We would do those things without any of those accolades, in fact, Sep is usually quite shy about
the praise. Members of the Board, we are watching what you will do to our livelihood and yes,
our lifestyle. Walking the door to pick my greens for dinner with my grandson Henry, 19
months old, are a right I fully intend to protect and defend. Make no mistake, the 80/20 was not
proposed by farmers. Making this legislation so restrictive will strangle any young farmer's
dreams of life here in Southold Town. Dirt is our medium, which I went into my front yard
before I got in my truck and got some of the soil that makes the best tomatoes and corn, and the
canvas is full of color. Nurseries, herbs, flowers, livestock, grapes, cheese, hops, fruit, apples,
sod, wheat and so much more. Be innovative, not legislative. You the community are all so
privileged to have the greatest growers tilling the greatest soil in the state, if not the country.
Represent them fairly and unbiased as to their gender, farm interest, economic status. The next
great innovation grown in a field or discovered through a microscope may be produced and
processed in Southold Town. My husband's family, my mother-in-law at 80 years old, still
works the farm. They drove the car up and down the fields to make sure that the birds did not
destroy the tips of the corn so that we wouldn't have anybody ripping them open and go, not
organic. They wouldn't eat a worm. Once upon a time my husband farmed all the way from
Orient Point to Southold town and drove a tractor to do that work. That was over 500 acres.
Now we are down to 100. Largely done by our own family, my son comes home from Boston
when he finishes this semester in May and he stays until Labor Day, so that he can operate some
of the tractors, help with planting, irrigation and truck farming over to Shelter Island where my
husband and I opened a farm stand 29 years ago. So we would love to be able to foster those
ambitions our children have to be part of the community. `My name is Eric Sepenoski, son of
Peter and Kathryn Sepenoski of Sep's Farms in Orient and East Marion. To those present, thank
you for hearing my letter this evening. I understand the town wishes to redefine what a winery
can be and what it can do. But to my mind, this issue may go beyond grapes. I am concerned that
the proposed amendments will set policy precedents that lead to further regulation of all farming
in the town. The proposed amendments may also establish economic barriers preventing current
farmers and new, particularly younger people, from acquiring land to farm. As a young farmer
with a new family of my own, I have every intention of continuing to farm my family's land.
But I and many of my generation are keenly aware that in order to make economic ends meet,
we also need to educate the public about what we do, what we grow and why we grow it here in
Southold Town. Educating the public requires that we show them our farmland, let them taste
the foods we grow and products we make and teach them about what goes into those products.
Are 10 and 80 really the numbers that will allow vineyards to be growers, sellers and educators?
I doubt it. We need to think long term about this amendment and its ramifications, and to really
consider the Alcohol Farm Products Working Group proposal before moving forward on any
amendment. Let's not rush the land simply to meet a December legislative deadline. Thank you
for your time. Eric Sepenoski.' He has spent his time as a father picking strawberries with his
son, picking peas. Every child should be able to reach out and grasp a pod, open it and hear it go
plink, plink, plink in a pail. Of course, there would be a couple of missing plinks because you
would have to taste them along the way. Picking sunflowers, three generations digging potatoes
this spring. Five generations planting. The fifth generation picking his first watermelon. The
fifth generation eating a slice of watermelon with his great-grandmother. These are things that
all children should be able to experience in Southold Town and I brought the phot album from
when my husband used to take children out in the field and show them how the combine works
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 33
so they could pick potatoes and pumpkins. Go back to school and make a stamp and send a
thank you card to this farmer for showing him what happened in the fields. Michael Sepenoski,
To the members of the Zoning Board, an open letter from a hopeful future 4"' generation farmer.
`I write this letter to you sitting in my cramped Massachusetts apartment. I came to Boston for
school and ended up staying for a job while repaying my student loan debt. (The day he got that
job he was in the field putting in tomato stakes, he got the call from the person he had interned
with who said, throw the stake to the ground and let's get you to the ferry) I've been told by
town officials and local leaders during my BSA Eagle Scout ceremony that I should get an
education and bring that knowledge back to the town I grew up in. (Let's kill the brain drain,
let's bring them home) My hope is that I can one day return to the north fork, ready to start a
career in a place that I still call home. I would like that career to be in agriculture but I am
finding out that this might not be a possibility if the proposed zoning regulations are enacted.
The proposed changes to chapter 280, zoning regulations, are to protect the quality of life
enjoyed by Southold Town residents while also promoting wineries and other agrotourism within
the town. I do not see how these changes will lead to anything but the opposite. The north fork
is known for its wines. If wineries are forced to produce and process with a regulated percentage
of their own harvest grapes, they wouldn't be able to sell any wine, they would be out of
business. Many wineries on the north fork rely on the ability to sell or trade grapes to stay in
business. This regulation would also make it impossible for wineries to recover in the event of a
crop failure or other unknown environmental catastrophe. This farming practice is a
fundamental part of the business, regulating a change would be a challenge to that practice. The
zoning regulation would likely also stifle innovation and homogenize north fork wines. This
homogenization would lead to a decrease in the quality of wine which by default would lead to a
decrease in tourism to the north fork. Without the added revenue of consistent tourism, other
areas of the north fork economy would also suffer; restaurants, hotels and main street shops
would see a decline in business which would lead to a decline in the quality of life for locals that
depend on that tourism to live. What these regulations also don't take into consideration are the
hopes of new farmers. My wife and I have been considering moving back to the north fork to
continue my family's farming practice. The proposed changes do not address any language
regarding grandfathering in existing farms. By requiring 10 acres of land be solely used towards
making wine, you eliminate the option for farmers to utilize land towards other agricultural
investment. If we wanted to start a business making wine, these farming regulation changes
would burden us with the inability to do so. I understand that the regulations for wine making
haven't been updated for decades. Since then, a lot has changed and I agree the north fork also
needs to change. Have you taken any recommendations from the Southold Town Alcohol Farm
Products Working Group when crafting these zoning regulations? The group is made up of
knowledgeable members who would like to offer up useful information to help inform code
decisions. It would be valuable to hear the groups thoughts and take them into consideration. I
urge you to consider their ideas before casting new zoning regulations that would fundamentally
change one of the largest industries on the north fork. Sincerely, Michael Sepenoski.' And that
presentation, representation for Senator Ken LaValle was done by Scott Russell and I thank you
for that. Jim, a hypothetical farm, less than 10 acres that wants to innovate, the 280 bulk
schedule will automatically kill that, correct?
COUNCILMAN DINIZIO: I believe so.
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 34
MS. SEPENOSKI: Okay, you stated that you supply alarms for a living for safety. If a report
was given to you of intimidation, what would you do?
COUNCILMAN DINIZIO: I don't understand that question.
MS. SEPENOSKI: If a report by a citizen concerning intimidation was reported to you, what
would you do?
COUNCILMAN DINIZIO: I don't understand that question at all in any way. I think that you
and I have a personal experience in that and you know what I did, I am not prepared to divulge
that. I can say that I thought it was good, I thought the result was good. Yeah, I install alarm
systems but the reason why I brought that out was because I know absolutely nothing about your
business, okay? Nothing. Any more than you know about my business. So when we set up a
committee and the committee is, their meetings are posted in the proper places, that is a request
and an invitation for everybody to come and participate in that meeting. So you know, when I
see a crowd the size of this, okay, after supposedly all the work has been done, I have got to
wonder, where were they when those committees which is where this stuff is all supposed to
come from, where were they then? Because that's what we need, that input.
UNIDENTIFIED: Inaudible comments from audience.
MS. SEPENOSKI: Jim, respectfully I am going to interrupt because in 2015, when I stopped my
family from farming on July 2nd, knowing that 4th of July was imminent and we have to make
every dollar count, I pulled every single family member and worker out of the field and insisted
they get in their cars and come to Town Hall to the ag meeting in Capital One bank. I brought
some of the processed product that I did in a commercial kitchen and your comment was that no
one wanted to taste the product because they weren't sure where it was produced and that you
wanted to know....
COUNCILMAN DINIZIO: No, no, that's simply not true. Honestly, I just....
MS. SEPENOSKI: Inaudible. Would it be okay to visit a farm to have more understanding and
I would like to know from everybody up there, have you visited a farm and actually spent time
with a grower, not just a vineyard...
COUNCILMAN DINIZIO: Yes. There are two people in here that can attest to that.
COUNCILMAN GHOSIO: Several.
COUNCILMAN DINIZIO: Well, number one, I have to be invited. Number two, you know, if
you want me to come, come. I can tell you I spent many hours with Russell. And I can tell you I
spent many hours with VanBourgondien's.
SUPERVISOR RUSSELL: I can appreciate all of this commentary, we are really trying to focus
on the public hearing that's at hand.
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 35
MS. SEPENOSKI: I understand that. But that ag advisory meeting, one of the comments that
was made is that there are only a few real farmers left in Southold Town and so we are writing
this to protect you because what? I have dirt on my clothes and I am too ignorant to know what I
am supposed to do to grow? And that comment created a lot of backlash in the room.
SUPERVISOR RUSSELL: I am sorry...
MS. SEPENOSKI: And bad behavior exists in Southold Town buildings, not just at wineries
and I am curious what training or policies have been implemented in this town to correct it with
respect to the community and for the safety of everyone. That's why I asked Jim that question.
If the Board is unwilling to improve and protect residents, how can you fairly support this
legislation because it goes to the health and safety of everybody, if you show up at a meeting you
don't have retaliation when you go for a permit, or if you have to go to zoning or special
exception and unfortunately, that has happened to me and intimidation happened at that meeting
and I reported it and nothing has been done.
COUNCILMAN GHOSIO: Who did you report it to?
MS. SEPENOSKI: I reported it to three of the people here and nothing was done, it was even
said to me when I described what happened at the meeting that it was intimidation and nothing
was done, no apology was rendered and no action was taken against the person who did it.
COUNCILMAN GHOSIO: I would like to get more information on that.
MS. SEPENOSKI: And I would be happy to supply it. So, the proposal for the 280 that is
coming up on January 16, will this special exception now apply to all farms that are not
compliant with the proposed legislation? Because that is where I am getting pushback on what I
am doing as an ag situation that I currently have before...
COUNCILMAN DINIZIO: For this particular hearing, no. You want a winery?
MS. SEPENOSKI: No, not at this moment but maybe my children do.
COUNCILMAN DINIZIO: Well, that is what this is all about, a winery. About how to
qualify....
MS. SEPENOSKI: Legislate one and we are standing united as a farm community.
COUNCILMAN DINIZIO: I get that. I get that, okay? But this particular hearing is about
wineries and I stated in the beginning, honestly, I stated my feelings in the beginning, there's no
way I am voting for this and I never had any idea that I would and my reason was that I thought
there are better ways to tell a farmer or use the codes that the farmers already have through the
SLA to qualify their wines, without us telling 80/20 because quite honestly, I don't know what
that is. I don't know how I would ever verify it. Okay? But by the same token, Kate, if you are
going to come here and you are going to insinuate about somebody intimidating you in town and
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 36
us not doing it, I think you are being unfair because you and I have had plenty of dealings and I
have done plenty for you, okay?
MS. SEPENOSKI: You are one of the few. And I appreciate your support, Jim.
COUNCILMAN DINIZIO: I hope that you do.
MS. SEPENOSKI: I do. I am concerned that the eight years, with the special exception, with
the housing. I know you are going to have future discussion but is the reason that the eight years
is in there because if the slow death or the quick death of vineyards, wineries, the farm
community would mean there would be less demand for apartments for affordable housing?
That struck a chord with me because in order for people to live here, to help and work and
participate in the community, a lot of them need affordable housing and the eight years just
struck me, is there something that's already being pre-planned with the legislation that's being
proposed, I feel that need to question, if that's part of the purpose of the eight years.
COUNCILMAN DINIZIO: Can I answer that? The irony does not escape me that we have two
hearings, one is to put businesses in residential zones and the other one is to put residents into
business zones. Having that discussion to me seems so absurd, okay, in the town. We are in the
business of farming and we have been pushing it, I have said I have been involved in it for many
years, over 30, okay, and I saw it grow and I know there's a few things that need to be taken care
of, I get that but quite honestly, traffic is a good problem to have when you are trying to run a
business. I prefer to have that traffic go into a farm as opposed to going to a school, okay, that's
going to cost a lot more money. On the same token, if you are going to look at the farm and I am
trying to put these pieces together. I know that we have a winery, I know that we grow grapes,
we pick those grapes, we process those grapes. I have no objection to that on a farm. Now the
10 acres that Scott is proposing is in my opinion, what I was always looking for, was that would
be the minimum to allow you to have all the goodies. To allow you to have the tastings, special
events, weddings, those things. In other words, that's the minimum. My preference would be
that they be on a major highway which is what you heard the lawyer say before. Quite honestly I
would prefer to define that as a little bit differently but in any case, those are the things that I
think we need to talk about. I don't think that, you have got me so upset about this accusation, I
just think that if we are going to do this, we need to sit down. But you need to show up, quite
honestly. I mean...
MS. SEPENOSKI: Can I respectfully ask that maybe the Board understand that some of the
people are single operators and they can't leave during the time....
COUNCILMAN DINIZIO: I couldn't agree with you more.
MS. SEPENOSKI: Can we have an agricultural meeting with the Town Board at an agricultural
site? We would be happy to host you.
COUNICLMAN DINIZIO: You have some problems with that because we are public, we have
to have our meetings in public, we have to post them, you know, there are laws that govern how
you have those meetings. And the meetings that Louisa Hargrave was part of was supposed to
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 37
be how we gathered that information from the people that are involved in it. so my personal
feeling that I thought we had the people involved in it, we went to a code committee meeting, the
person who was in charge of that came to that meeting, presented us something and here we are.
Now if that's not the case, I am all for scratching it and going forward but I know you are busy, I
am as busy as everybody else is. Okay? But you have got representatives, you have got the man
here in the blue shirt.
MS. SEPENOSKI: The problem for us, Jim, though, is that ours is affected by weather, not that
your travel what you do for your job and all of you, because we all have other jobs but ours is a
perishable item and is often only successful if we are working around climate, to make sure that
we are protecting....
COUNCILMAN DINIZIO: No, again, I get all that. I understand the whole grape/winery thing.
To my mind it's a completely different thing than a farm stand and it needs to have, you need to
tell us what you want to do, what you need to do to be successful and we need to place that down
onto paper and you know what, the public needs to come in. I am going to tell you, some of the
things that you suggest I am going to put down on paper but I am going to tell you, it's going to
be a different group in here when they read that okay, because we represent not just you guys, we
represent everybody. They read it, they are going to see it, they are going to say, oh, I can have a
wedding next to my house every weekend? That person is going to come and say something,
okay, now Russell mentioned the worst offender. He is the only one that qualifies. I have got a
problem there, is that what you guys want? I mean, do we need to have pole dancing? Do we
need to have sex in the barns? Do we need a 12 year old actually see that happening? There was
a whole lot of it.
MS. SEPENOSKI: No, we don't.
COUNCILMAN DINIZIO: They are calling themselves a winery, okay? So we need to put
down some hard fast rules here and then they need to be followed.
MS. SEPENOSKI: But those are more about the bad behavior exhibited as opposed to...
COUNCILMAN DINIZIO: It certainly is but guess what? That's what I see. Mr. Alarm
Technician. And Mr. and Mrs. Joe Blow go to Riverhead and work and read the paper, okay,
and see four young ladies. You have got to understand that. It's not just, we want you to be
successful but we have got to figure out how to do that and you need to tell us what you want
and then we need to decide what we can tolerate. We are zoning, okay? We are not farming.
You guys are farming, you are not zoning. Its two completely different things but we are trying
to put them in the same shell. I am glad that we are talking about farming instead of homes,
okay? Let's face it, that was a good move.
MS. SEPENOSKI: I just want to close with that CAST, North Fork Parish Outreach, CorMaria
and the Orient Congregational Church which celebrated 300 years and I want to congratulate
Long Island Farm Bureau for celebrating 100 years.
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 38
KAREN RIVARA: Good evening, my name is Karen Rivara. I am a shellfish grower in
Southold, recent past president of the Long Island Farm Bureau and a member of the
Agricultural Advisory Committee in Southold. I want to thank the Board for taking the time to
listen to us. I know it's a long hearing. And I think, you know, I am not going to reiterate many
of the points except to say you can see the rest of agriculture fears that this code could be applied
to them, especially if their sector of agriculture is viewed as being problematic and I think that it
would have been a better process to have this particular code passed by the agricultural advisory
committee prior to noticing it. I think that we probably could have addressed some of the issues
here that have upset so many people. And as an ag advisory committee member, I get frustrated
by the process. We spent many, many years working on the definitions and we have also spent
many years working on the use code. Some of the definitions that were adopted actually don't
make any sense until we have our use code adopted along with that. the single farm operation
language that was in the definitions that were adopted was not something that we supported, it
didn't really come from our committee but we agreed at the April hearing that it was important
to update the code and to have modern language regarding agriculture in the code. So we agreed
to work with the town in the future to address that single farm operation language. I will just
echo what Adam said, I am not a facebooker, so I don't even know what anybody is saying on
social media, that's why I am such a happy person, but I did not propose 80 percent as
reasonable percentage. I think there's probably a more nuanced solution to that. Mine was to
basically take the single farm words out of there but or the word single out of the code. At any
rate, obviously this isn't a good solution to the problem we have or perceived problem that we
have. So I don't, I am not going to beat what I think is a dead horse and say that the 80
percent/20 percent is not workable for the farm community. I also want to reiterate that, you
know, the ag community is willing to work with the town and the community at large to come up
with viable solutions to issues as they arise and you know, we want to keep our industry viable,
we want to attract young people and I am also so very happy to see so many young people here
speaking. Because we need to thrive as a community in the future and if we don't have young
people coming into this town, we won't have that. so it's important that we keep this industry
thriving for them and I think we can come up with a solution, I think we can work with the Town
Board, I just think we need to involve more people from the ag community and the community at
large and we work through these issues and come up with more elegant solutions. So I will echo
what my colleagues have said and ask you to not adopt this code, to vote it down tonight. Thank
you.
ANTHONY NAPPA: I am Anthony Nappa, winemaker for my own wines, Anthony Nappa
wines as well as Raphael vineyards. I live in Southold. I have two young boys, a four year old
and a two year old. It's past their bedtime. I was going to bring them. I would like to thank Jim
for saying that he is not going to vote for this and I am happy to continue this filibuster all night
until the rest of the Board concedes. But I just want to say that first of all, I have been a resident
of Southold Town for 10 years but I am not from here, I am not a north fork native, I don't have
a bumper sticker that says that. I moved here specifically to work in the farming industry. I
have worked in agriculture my whole life and I know that it's strange to hear with the brain drain
thing to have people moving here to work. And I know it's also strange to hear that good jobs
are in farming. Good paying production jobs are in farming. Together we all work with our
hands, we all make things, we all grow things and together we are building an industry. We have
a community, how many hundreds of people show up to defend each other and we have an
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 39
economic impact and that passes on to tourism and everything else that you have heard today.
What I want to specifically address and respond to some of the things that have been said about
this code already and skip some of the other stuff I was going to say. This proposed code was
probably thought of with good intentions. And not all results, good results come from good
intentions and I am an optimist so I assume we had good intentions here but I think the
unforeseen results and the effective result of this, particularly if it's passed to all farming, is to
shut down farming in this town. The 80/20 that we have gone over multiple times, I think that
blindsided a number of people and I completely disagree with it. I don't think there should be
any percentage and if we want to talk about a way to regulate the size of wineries, we can do that
without regulating the farming aspect of it.
SUPERVISOR RUSSELL: Okay, is that true? We would be willing to talk about scaling the
winery to the size of the production, is that something you would put on the table?
MR.NAPPA: Inaudible.
SUPERVISOR RUSSELL: Okay, that's a good start.
MR. NAPPA: But telling farmers how many acres they have to grow, or where they have to
grow it, who they can sell it to, I mean, that is just crazy. That doesn't happen anywhere in
farming. I think but it was also said tonight that this doesn't affect us, that this only affects
wineries, it only affects certain residential zoning. Well, that's a slippery slope as well and all of
us here, even if you add at the bottom of this code that we are all grandfathered in, we care about
the future of farming not just today. A lot of farms are here and they are worried about this code
and they are worried about the 80/20 and they are worried about the restrictions that aren't
wineries and many farmers are pretty pragmatic. It's not hard for them to think that once this
code is enacted for farming, it won't be forced on to all farms under the idea if it goes for one
type of farming, it goes for all. Telling farmers that they must grow ten acres of one crop, that
seems crazy to me. Dictating what we grow? And what happens when that gets passed to other
farms? Are you going to tell Christmas tree farms that they have to have 10 acres of Christmas
trees before they can sell any? Or they can only buy 20 percent? Or what about pumpkins or
apples or anything else? The effect of this, if it was put on all farming and currently for the
wineries, means that existing farms or wineries can't grow or expand their businesses. They
must own the land. They can't lease it or rent it and they can't buy grapes from their neighbors.
Young farmers as has been discussed tonight, this makes the barrier to entry even more
impossible. I am already I this business and like Adam said, my dream would be to have a
vineyard one day too, the barrier is already almost insurmountable. Before we have more
restrictions. I would like to tell a really quick story about a Muslim immigrant from Turkey who
moved upstate New York and started making yogurt, you all know him, Chobani. In ten short
years, the number one yogurt company in America and their economic impact is in the billions of
dollars and they almost single handedly saved the dairy industry. Hundreds of farms, the
byproduct of making yogurt and cheese is whey, they donated to pig farms. This is a success
story of production and this is how farming works all over the world. Processors process and
promote more farming. Hundreds of dairy farms did not go out of business and they get paid
above market value for their milk to make an agricultural product in the state of New York. If
this code applied to them, there would be no Chobani, there would be no yogurt, they would
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 40
have to own all their land, they can't buy milk from their neighbors. There has been a lot of talk
on social media about what the public wants but I think it's pretty obvious that we are the public.
We are your constituents. Some of us voted for you. We all live here, this is our community.
These are our neighbors. I have, on personal side, I have two small children so when you say
this doesn't affect me today, what about tomorrow? How are my kids going to grow up in this
community? What is this community? Every time I hear anything about the schools is that
enrollment is down. You don't get to play sports because we don't have enough kids to field a
sports team, there's obviously not going to be any advanced placement classes and if they
happen to be gifted or special needs if they aren't. What about all your kids or grandkids or
where forced to leave this community. There's good jobs in farming and we need to promote
production and promote farming in all aspects. And I am going to extend the olive branch as
well and say the wine industry would love to collaborate and we do have challenges and
problems that we all agree on and if you are going to grow grapes, regardless of how many acres
you have, of course you can make wine. Even if it's an acre in your backyard. Can you have a
tasting room? Maybe not. But can you make wine? I mean this is crazy to me. That's why I
am just going to ask the Board to please vote this down tonight. Thank you.
SUPERVISOR RUSSELL: Thank you. I can understand the opposition but please, let's all
remember what the opposition is. This doesn't stop anybody from buying grapes, making wine,
renting land, it doesn't stop any of that. All it does is say you need to meet a certain threshold if
you want to do it on a farm. That's all it says and the current code requires 10 acres planted, I
personally, I have got to be honest with you, I don't agree with you that it's not right to make
them plant grapes. If you want to have a winery, I don't think that's a terribly high threshold to
meet. I mean, you know, look, I will agree, we have got to work together on some of this stuff.
You need to represent where we are coming from and some of the challenges we are facing too.
I don't know that making someone grow grapes so they can have a winery seems all that
onerous. There might be some other aspects, fine, we can talk about that but you know, that's
the whole purpose of a winery, it's the end result of a vineyard operation.
MR.NAPPA: A vineyard operation is a winery. What has been said already...
SUPERVISOR RUSSELL: Inaudible.
MR. NAPPA: What has been said already is that we need to separate tasting room, we need to
separate retail. But a vineyard operation is a winery. There is no other use for our grapes. And I
understand you said the farm stand code is already more restrictive than what wineries have to
deal with, well, why don't we have a tasting room code? And if somebody wants to have one
acre of grapes and make some wine and if they own 10 acres or 20 acres and if they want to have
an acre of this, an acre of that, some pumpkins, whatever. That's farming, that's diversification.
But saying we have to grow 10 acres of this, we have to do this, that's anti-farming. And the
way this legislation is written kills farming and it's an attack on agriculture. It's not an attack on
wineries, it does nothing for Vineyard 48.
SUPERVISOR RUSSELL: Vineyard 48 has nothing to do with our, I agree with you, Vineyard
48 has got so many issues, it's got nothing to do with anything. It's an awful, nobody from the
Amendments to Chapter 280, Wineries in Residential Districts
December 5, 2017 page 41
winery industry, you shouldn't even use the word winery in Vineyard 48 because it's not a
winery by any stretch of the imagination. I don't know what it was but it wasn't that.
MATT SPINOTZI: My name is Matt Spinotzi, I live on the border between Greenport and
Southold. I own a house in Southold. I pay taxes in Southold and I am an active duty firefighter.
What brought me out here was the agriculture industry, I am also the head distiller for
Matchbook Distilling. My question is more from a bureaucratic nature from a taxpayer. How
would these regulations, particularly the 80/20 be enforced? It strikes me as pretty difficult to
enforce.
SUPERVISOR RUSSELL: First of all, according to the people that I talked to, apparently it's a
fairly well regulated industry so it wouldn't be hard to get the information but you need to
remember, when we pass code we are looking for general compliance. There are going to be
years of fluctuation where it's less than 80, more than 80. We understand that. we are just
looking for a benchmark so that we can say look, to have a winery you meet a certain threshold
in order to open the wineries doors.
MR. SPINOTZI: But how do you make sure that in your ABC, a winery ABC is, with the wine
they are selling in their tasting room, that it is actually made from 80, say they have certain wines
that are made with their grapes and they have other, and they buy grapes from other, how do you
enforce that...
SUPERVISOR RUSSELL: They have to keep track of all of that.
MR. SPINOTZI: So they have to keep track and submit documentation to you. Do you have
someone who reads, it sounds like you need to hire another person and where is that money
coming from?
SUPERVISOR RUSSELL: I don't think that would be an issue.
COUNCILMAN GHOSIO: It would be an audit, my understanding is it would be an audit like
they do in Napa. Napa has a 75 percent....
MR. SPINOTZI: So selective enforcement then?
COUNCILMAN GHOSIO: What they do is they have audits to show....
MR. SPINOTZI: It strikes me as something that it would actually be quite expensive to actually
enforce and I feel like there are better uses for that money.
UNIDENTIFIED: Just on your last comment, Councilman Ghosio, Napa has a 75 percent
requirement to put Napa on the label as an appellation and it's my understanding that there was
widespread fraud where people were putting Napa on the appellation and I believe the industry
itself, I don't believe Napa County made sure that people weren't selling counterfeit goods. But
75 percent is required (inaudible)
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 42
COUNCILMAN GHOSIO: The article I have here from 2017 talks about the 75 percent rule
there and regulating the production and conducting audits etc. etc. It also does talk about
problems they were having with reporting, cheating and wineries going and hurting other
wineries and things of that nature. They have got a problem out there and they are struggling
with it and their industry there seems to be a whole lot more mature than ours is, so you know,
they have over 500 wine producers out there, at least according to the articles I am reading. I am
no expert. But yes, it's an issue there as well and I have heard people mention let's look to Napa
and I have heard people say, for example somebody said percentage requirements aren't done
anywhere else. Not according to what I read from Napa. They do have that requirement.
Maybe we are not making a stretch to have the requirement, maybe 80 is not the number, I don't
know.
SUPERVISOR RUSSELL: Napa is unique because they have a countywide administration.
UNIDENTIFIED: Let me just, he can be next. Well, thanks for correcting me on that and I
believe you are right. I would say one of the things about Napa is, when I first heard there was a
moratorium being proposed and I don't want to bring that up for any other reason just to say I
did call the Napa Valley Grape Growers Association and inquired about what, when I was with
the council, we as the council what steps we should take and not surprisingly, they had exactly a
similar issue where it took a lot of elbow grease to overcome the animosities that I think that we,
you know, that we feel and I would like to say specifically Supervisor Russell that I was in a
meeting with you, Al Krupski and Ali Tuthill where you specifically said that you weren't
interested in working with the wine council or the wine industry, okay, so I am hoping that what
I am hearing tonight which I think is a change, is more than just lip service and I would really
like to hear if you have some concrete suggestions on how the wine industry can be incorporated
in this process because we can't just have, oh, I am interested in working with it and then nothing
happens for six months. Let's get a plan of attack.
SUPERVISOR RUSSELL: I don't remember the exact conversation but I have to tell you, the
first group I went to was your organization with about three or four pages of, I asked you to
come in and talk about these issues. When 1, before I ever brought up the issue of a moratorium,
I showed you what my concerns were, there were about three or four pages and then the letter
from the Planning Board saying Town Board, you have got to do something. I went to you guys
right away and I don't know what the context of that conversation was but the general statement
that I didn't want to work with the wine council is, I can tell you, not true. I will work with you
tomorrow, we will bring the tape guy in, I'll be doing it any day of the week. I would be happy
to sit down with any and all of you, I have always been available. I have gone to every meeting
you have asked me to go to, although admittedly not often because I know I am not the man of
the year there but the fact of the matter is, I would be willing to meet with you any time, any day.
We have, any time you want. And I think it would be better in an informal setting because you
need to understand where we are coming from here and you know, I am sorry, you know what, I
will comment after. I am holding these poor guys up standing here.
UNIDENTIFIED: I just wanted to clarify a little bit of the Napa scenario. The TTB, the federal
government sets guidelines in regards of what you are able to do in order to put Napa Valley on
the label and that's 85 percent, so 85 percent has to be grown in the Napa Valley county, the
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 43
same with the north fork, we have to have 85 percent to put North Fork on the bottle. So we
could bring down 12 percent of Finger Lakes fruit and blend it into our North Dork chardonnay
and we could still call it North Fork of appellation. Napa is trying to do everything possible to
protect their appellation because of some of the things you just said which is true, people were
bringing in fruit from outside, maybe not Sonoma county but other parts, lesser expensive areas
within California and putting Napa on the label because they could get $45, $50, $100 a bottle,
that's exactly what we are all doing anyway because to the point I made earlier, if you were to
say it has to be 85 percent fruit from the North Fork, we are already doing that but the North
Fork appellation is not purely Southold Town, it's Southold and Riverhead. If we want to be
restrictive, the pushback would definitely not come from most of the wineries if not all of the
wineries because we are already currently doing that. if we did want to do a New York State,
there's other ways of doing that. we could do it in a commercial environment, custom crushing
not necessarily on the farm itself. But to protect our local appellation is all about our best
interest, whether it's about tomatoes,potatoes, Long Island duck, in this case, wine.
COUNCILMAN GHOSIO: Thank you.
TOM STEVENSON: I think I was a fairly young farmer at the beginning of the hearing. Tom
Stevenson, Orient. I run a berry farm, I am a parent, husband, landowner. I coach your teams, I
help run your leagues, I am on the school board, I did not grow up here. I graduated college in
'97 and packed up for Long Island to take care of my 98 year old grandfather and everyone in
California said, where are you going? I assured them how nice it was here, I've been coming out
here ever since I was a kid. Enough about that. Ag Advisory Committee, I spent about five
years of my life, about every two weeks to come down here to town hall and we would dig
through some legislation with Bill and sometimes Scott and we serve at the pleasure of the Town
Board. We volunteer our time to try to make Southold a better place and we understand how
difficult these decisions are and it was broached by Mr. Dinizio, Vineyard 48, we reviewed all
the terrible police reports, I mean, I was shocked and our recommendation was why doesn't the
state yank their license and that was years ago and it just took them until now and I don't envy
your position sitting up there where you really don't have the power to do that and you have to
vote in executive session to spend a lot of money to sue and who knows what goes on, I am sure
there's a lot more stuff that goes on there so, that stuffs terrible that happens but almost all the
operators here were also mortified about what was going on there. so getting to the local law
here, I agree that I didn't like the title where we are talking about in residential districts here, I
don't think that AC should be looked at as a residential district, we are looking at it as farmland.
The houses are encroaching in on the farmland. Let's see, what else, I am not going to go way
into this but I think also this could nix any stand-alone tasting rooms even though there's no
definition of a tasting room because you are requiring production at the winery site, you couldn't
have a winery that doesn't make, you know, produce right on site. Which I think is a distinction
that a lot of us weren't comfortable with in the ag advisory committee because of you know,
there's so many situations where people are growing the grapes, making them elsewhere and at
least I feel like they should be allowed to sell their wine even if they didn't make it on site, they
should be able to sell it from their vineyard site without the production facility. That was my
personal opinion. Okay,just a couple of real quick notes but we have grown from a town where
virtually everyone farmed or fished or both to one where there are few of us that are left, is this
what we want in this town? I moved here to farm, like Anthony, to be in agriculture and if I was
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 44
told that you have got 20 years and then we are going to start to crunch down on agriculture, I
don't believe that to be the case. I am willing to still show up every two weeks and work till
whenever to get this right and if that means going back and fixing some definitions and working
with everyone in every industry, I mean, the aquaculture people are here, the greenhouse people
are here, everyone is here supporting each other so, yeah, I am not going to take up more time
but there you go. Thanks for letting me speak.
SUPERVISOR RUSSELL: Adam, can I just quickly address? I remember exactly what the
meeting was and that was a meeting, you had sent me a response, a letter response based on my
call for the moratorium and you had outlined some of the things that your group, you had
outlined that and so we had a meeting because one of the things you had talked about was your
group had organized a committee and I said at the time, I don't think I want to work with that
committee, we need a town committee because the zoning doesn't belong to the wine council or
anyone else, it belongs to the entire community and it needed to be a more diverse committee
and I remember exactly what the conversation was and I have the letter what, at the time,
outlining what the offer was. We formed a committee and we look forward to working with you.
I needed to form an independent committee. It's the nature of government.
MR. SUPRENANT: Your recollection is correct but what I took away from the meeting was a
little bit more negative, okay, and I don't want to get personal here because I think the object of
this hearing really is, we want to, I personally, you know I have been going to meetings and
trying to contribute in a positive way and what I really want to take home from this hearing is
that we are going to renew the effort, come up with a complex solution to a complex issue and
obviously, as you said, I believe you can't please everybody and so there's going to be some
folks who will not get what they want, everything they want but I think what I was trying to
encourage was just let's try to come up with a plan whether it's me or the wine council or not
another committee hopefully because I think there's too many committees right now but you
know, if we can just, like for example, if I had seen the code or perhaps the wine council or other
members of our industry had gotten a draft of that code, perhaps we could have made some
constructive changes to it and this, you know, there might have been 10 people in this room
instead of 50 people in this room.
JIM GLOVER: Jim Glover, Cutchogue nurseryman. Member of the Ag Advisory Committee
for the Town of Southold as well. I don't have a stake in the wine industry but I am here to
support those folks here and to voice my opposition as well about the language in this proposed
code. Clearly we have heard 80 percent is too high but I do agree, one who processes a product
in this town on a farm should grow their own product to some extent. I do agree there some
requirement to grow your own if you are going to process on your own farm. The ownership
requirement I think is something that we should never entertain for any farm operation for any
code requirement to have any farmer be required to own their own land. I for one, started my
nursery business 20 years ago on 2 '/Z acres of rented land. I rented for 8 years, built up enough
equity in the business and did eventually buy my own land but frankly you can operate on rented
land through your whole business life. You don't necessarily need to own your own land. So I
implore the town and anyone else discussing legislation changes to never include ownership as a
requirement. The 10 acres requirement does seem too high to me,just from a gut instinct. And I
do like the seven acre suggestion that Adam had. I would second that. And harkening to a lot of
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 45
people's discussion about young farmers, I was a young farmer once when I started and there's
no contingency for start-up operations with this code, proposed code or for crop failures. So I
would suggest that this legislation be withdrawn and as a member of the Ag Advisory
Committee we've gotten the ball started on taking a more comprehensive approach to ag, to
legislative reform to the agricultural industry. We've adopted definitions that were a good start.
we adopted them in April. Took us years, many years of committee meetings and late nights to
get to the point where we were ready to propose that to the Town Board. They are not perfect
and I do think they need some tweaking but as Karen said, we wanted to get them passed
because there was a need to have modern language in the town code regarding agriculture and I
think that's the point I would like to make that hasn't been empathized yet tonight is a
comprehensive approach to agriculture, one that does not segregate one sector from another.
Wineries are agriculture, nurseries are agriculture, sod is agriculture. Quail are agriculture and
they should all fall under the same legislative umbrella in terms of code that the town adopts and
enforces and so I would encourage us to move forward on the next phase of the zoning reforms
that we started in chapter 280-4 which is where the definitions I believe reside and the next part
of that is to include the uses that make the definitions make sense and I would think that our
efforts specifically to the wineries should be addressed in a more comprehensive plan that we are
going down the road to do. Thank you.
SUPERVISOR RUSSELL: Robert?
ROBERT DUNN: You weren't going to keep me quiet tonight. Robert Dunn, Peconic. I am
not a farmer but I actually work for two of the farmers that are in this room. I drive the trucks
for one, and farm rides for another and what I wanted to say is I have heard a lot of comments
here tonight and this didn't happen today, it's happened for, I am a regular at this meeting, I am
not like I said a farmer but I often come to the meetings and this has moved along for a number
of months and no one was here, so this kind of stuff and I have heard this happen with a number
of hot button issues, people get angry because they think something is getting jammed on them,
it doesn't happen that way. In fact, in this (inaudible) there was a word that was inserted that I
suggested, you remember three weeks ago, regarding the gift shops that the word retail be
included so that somebody wouldn't use it to turn it into a bar supply thing. And the word was
inserted, so if you come here, this stuff won't happen. If you have the input, it won't happen.
You have a number of committees that feed them and they are very open to hearing this stuff. So
that you don't have to be here at almost midnight...
UNIDENTIFIED: Many people serve on those committees that are in this room.
MR. DUNN: Oh, I understand that. But there was a lot....
SUPERVISOR RUSSELL: At this point, we are just going to address the Town Board,please.
MR. DUNN: There was a number of comments to, well, many people serve on the committees
but there was a lot more people than serve on the committees here but what I am saying, if you
stay above, nothing here is done in secrecy it's all out there and the committees certainly know.
So you can get the word that it doesn't have to get to this that something seems to be being
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 46
pushed on you without your knowledge. That's all I wanted to say. They are wide open to
comments.
ALISON DELANEY: Alison Delaney, Southold. Hi there. I hope I am speaking into the mic
okay. I am probably a great person to go after that gentleman that just went, as fate would have it
because I just wanted to reflect briefly, I am not going to echo what my friends and neighbors
and colleagues have just said. I am not going to restate my opposition to these proposed code
changes, I think everyone else here has done a great job but I just wanted to share a brief
reflection as a newcomer both to the north fork, I grew up on Long Island but up island, about an
hour away from here. I started off as a weekender a couple of years ago, my husband and I
bought a house, then we became full-timers, largely because I am a newcomer to agriculture. I
have been working on a farm for the last year and a half, I am also a newcomer to Town Hall. I
have also been a newcomer in various jobs my entire life and I think what newcomers can bring
is really fresh perspective but also no understanding of what has happened before and maybe
things aren't appropriate. I think it's worth the risk of having that sort of crazy you don't know
what you are talking about with that fresh perspective and I address this mostly to the Board that
is sitting in front of us. I think the tone has changed throughout this meeting that Adam alluded a
little bit to but it's not encouraging to a newcomer to be sitting here and I have a Supervisor and
some other members say things like well, you weren't here or where were you or etc. etc. I
appreciate...
SUPERVISOR RUSSELL: I didn't say that...
MS. DELANEY: Can I please finish? And you did. I appreciate how that is frustrating for you
guys as well because I am sure there have been times where you have looked out at an empty
room and it does seem like this is coming to a head and it does seem like a where were you?
And I try to empathize with that position, I am just saying, for those of us who have never been
here before and want to be involved and want to figure out how you can get the word out about
things and we want to sit in as a guest on these committees or maybe one day join these
committees when we have enough experience, it is not encouraging to hear that kind of
language. I thank you for your time.
SAL DILIBERTO: I will be very brief. Sal Diliberto, past president and I am a current board
member of the Long Island Wine Council and I thank you all for having the patience to listen to
everyone this evening. It was curious to hear that gentleman say that he was able to contribute to
that proposed legislation three weeks ago when the committee, the Farm Alcohol committee
didn't have, didn't see it until November 29 which was like a week ago. So I am assuming that it
probably happened at the November 8 board meeting.where they proposed the resolution to put it
on for public hearing and to have publication. Be that as it may, I think it's really important that
whenever you have any type of legislation that is going to impact on an industry, not just any
industry but one that has played and continues to play such an important role in the Town of
Southold, it's important that that industry and their representatives be the first ones notified. Not
the last ones notified, ever. You know, we are a nation of laws and laws are important because
they maintain order in society and because they protect our citizens, so they are important but
what is equally important is that any government entity that proposes a law has to look at it and
know that what they are going to do is take away a little bit of someone's freedom, every time
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 47
they pass a law. So there has to be a good reason to pass a law. You have to do something that is
really going to protect the public, you have to do something that is going to maintain order in
society and you can't look at a law, like this one that is being proposed here this evening, and I
think hear all of the legitimate comments about it and not feel this is a very, very imperfect law
and the idea that any board would ever just pass this law so that maybe later on it could be fixed
a little bit or tweaked a little bit or whatever it might be is not what government is supposed to
do. government is supposed to, you have the right to take away our freedom as long as we have
the opportunity to be heard, as long as we have an opportunity to determine who will be our
elected representatives but that is a great responsibility and I think that after this evening that any
board member who believes that they should vote for this flawed, very imperfect law which
could wreak havoc the way it's all been described to you this evening. So I know that Steve
Mudd asked you a question at the beginning and I don't know if he intends to ask you again but
I'd like to ask the same question again, just ask the board members; after having heard
everything you have heard this evening, do you believe this is a law that should be passed? I am
not asking for your vote of course.
COUNCILMAN RULAND: I am going to answer you right now, because I am prepared to
answer Steve's question when everyone is done including you and anyone that may follow but I
am certainly prepared to respond to his question now, after everyone has had an opportunity to
speak.
MR. DILIBERTO: Okay. And the other board members, do they feel the same way?
COUNCILMAN DINIZIO: Well,you heard my answer.
COUNCILMAN GHOSIO: I would like to finish the hearing.
MR. DILIBERTO: Well, I have nothing further to say then. I do hope that you will vote for it
this evening and that you will vote to either withdraw or vote it down. Thank you very much.
LOUISE HARRISON: Good evening Supervisor and members of the Town Board, my name is
Louise Harrison, I am a resident of Peconic. I am not a farmer. I have stayed for the evening
because I am fascinated to meet my new neighbors. I moved here seven years ago and I find that
the stories I have heard here tonight have been, I have been enthralled. Learning about farming,
things that I didn't know, learning about the challenges, learning about the families, learning
about the roots here in Southold. But I have been 'before this board before on occasion and I
think that most of you know that I have been working in concert with the town's own goals on an
important environmental project. And I don't represent my agency but only myself tonight when
I address you. In my career, I have addressed town board's all over Long Island, I have
addressed the county legislature many times, I have addressed the state assembly and I have
addressed the federal government. And I have addressed very small towns, including Shelter
Island. But I am dismayed, I think there is a great deal of disrespect shown by some of you
tonight. I don't think it's appropriate to argue with people who are standing at the podium and
have taken time out of their lives to address you tonight, no matter how strongly you feel about
your proposal, it is inappropriate at a public hearing to argue with the speakers. They are here to
give you information. That's what a public hearing is supposed to be. I have never, ever been at
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 48
a public hearing where people have had to defend their positions to the Town Board or to any
other hearing. It's wrong and I condemn you for that tonight. I am glad you had the patience to
listen to everybody and I am glad that everybody in the audience had the patience to stay. And I
really admire everybody that got up to speak, but how dare you, those of you who argued with
the speakers tonight and you should stop and you should never do that again. That is not the
reason for a public hearing. If you feel strongly about your proposal, it should have been
explained ahead of time so everybody understood it and everybody understood your rationale but
you do not person by person shout people down and condemn them. I am very angry at you
tonight. Thank you.
SUPERVISOR RUSSELL: Would anyone else like to address the Town Board?
ANTHONY SANINNO: Anthony Saninno, Saninno Vineyard. Vice president of Long Island
Wine Council, thank you very much, your patience, patience in the audience. A lot of passion
here, if you get to know the wine industry, extremely passionate people. One thing I noticed,
there must be a fear, I think Doug Cooper mentioned it, somehow there is a fear I think of
wineries not producing enough grapes so we have a percentage we have to talk about. Most of
us grow a lot more than we actually have in property that we own, so I am not sure why we even
discuss a percentage, we don't need a percentage, we grow more than we need. We grow on
properties we lease, we buy from growers, there's actually no need for a percentage, so I am
confused about that, number one. The ten acre requirement, I just worked in depth with the
Planning Board and the Zoning Board extremely talented people, patient people. Went through
probably the most vigorous process anybody went through to get through the process because of
unchartered territory. New stuff that we had to go through. One thing that I know for sure, after
going through the process is that we can't develop a code that's going to actually satisfy every
property. You will always have a non-conforming property in a location that has proximity to
more homes and a property that has very few homes. That property could be 10 acres and not
affect any homes, it could be isolated, surrounded by development rights sold properties and not
affect one single person, you could buy 100 acres that has 50 homes on one side of it and 50
homes on the other and the rear and still be on a let's call it a major highway and affect 150
people. So the acreage requirement really doesn't work either, everything is on a site by site
basis as far as I am concerned. We do have issues in town, this current legislation does nothing
to satisfy the concerns of the people that live right next to Vineyard 48. We develop something
that attacked agriculture and the only thing we had to do was try to protect the neighbors that
have concerns. On behalf of the Long Island Wine Council and its members, I just want to offer
to the Board, complete assistance. Anything you guys are asking for, any meetings you guys
want, we will attend. We can participate, we can have you guys visit the farms and really get to
know our business. One thing I learned tonight is that you don't know enough about our
business. We need to invite you in and have you visit and I think Jim, you mentioned that if you
are invited you will come, we'll send out the invitations and make sure you guys visit us. But
again, thank you for your patience and thank you for everyone, the farming community, all of us
for sticking together on this one here and most importantly, definitely vote this one down. Let's
get back to the drawing board, work together and come up with a solution that works for all of
us. Thank you.
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 49
BENJA SCHWARTZ: I want to thank everybody for coming tonight, it's very different night
here. To address this specific legislation but also, I want to thank the Supervisor especially for
taking at least a measure of responsibility for the proposed legislation. I want to point out the
various, some of the people who have spoken, their roles. I would try to introduce myself but I
do so many things it would take all night, so forget about who I am but the, basically there are
three main committees that have been represented' here tonight. The Alcohol Products
Committee, the Agriculture Advisory Committee and the Code Committee. the, start with the
agricultural committee, I have a problem with the agricultural committee, very similar to the
problem I spoke to the Land Preservation Committee about last month that they do not have a
well-defined mission. The only thing that I found when I just looked on the laserfiche which by
the way is on-line because I suggested it to our Town Clerk and she followed up on it and got the
program up and running, so there is a lot of information on-line that you don't have to come to
meetings everyday but it sure helps when you do come to the meetings except when I came to
the Lane Preservation committee, I was outside the meeting more than I was inside the meeting.
They like to have a lot of executive sessions but they did agree with me that their mission
statement was desperately in need of being updated. The Agricultural Advisory Committee, I
could only find one document in the laserfiche which was entitled Town Board charges and
duties but only was one page from a town board meeting in 1992. At the time, Supervisor Harris
made the motion seconded by Councilman Penny, Councilman Wickham, Lizewski, Justice
Edwards, people I remember. It doesn't matter. Today, that same agricultural committee is still
in place. But it is not in conformance with our own town code which is currently being
interpreted and applied by the five people in front of us plus one. The alcohol products
committee in contrast, didn't have any vision statement online, but they did have many,
approximately two meetings per month, the minutes from those meetings. So if anyone wants to
read those minutes, they can go there and hear a little bit about what that committee has been
doing. But the most important committee that we have not talked about, I am the only one that I
think mentioned it before tonight, is the code committee and the code committee, maybe that is
not true, but the code committee in this case, you know, you talk about working with people but
the code committee, the same people who are on the police, no, who am I thinking of...
SUPERVISOR RUSSELL: Advisory?
MR. SCHWARTZ: Not advisory committee, that's, that does nothing but the legally required to
run a police department, it's not a committee but...
COUNCILMAN DINIZIO: Commissioners?
MR. SCHWARTZ: Commission and the commission in this case is the same people who are on
the Town Board, the same with the code committee. so all the laws, not just the ones pertaining
to wineries but pertaining to tonight's meeting, yes,, the ones pertaining to wineries and
agriculture are reviewed and revised by a code committee that consists of this Town Board with
the addition of a couple of people that they appoint or;hire. The Town Attorney, the Planning
Board, the Planning Department and the Building Department. But we need to have some more
people and I will say it again tonight, I have volunteered before and you know, when I stand here
before you in this room, a lot of time you give me some negative feedback but you are pretty
friendly but when I meet you outside this room, I have been insulted many times and abused and
I
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 50
have been told that I would never be considered. Sometimes people have told me, oh yes, we
will hire you. Tell us what you can do. Give us a proposal and then they turn around and say we
will never even take you as a volunteer.
COUNCILWOMAN DOHERTY: I am sorry to interrupt, Benja...
SUPERVISOR RUSSELL: We just need to finish up the public hearing itself.
MR. SCHWARTZ: Well, that's all I have to say.
SUPERVISOR RUSSELL: Thank you.
MR. SCHWARTZ: Thank you for listening. I know you would avoid it if you could.
SUPERVISOR RUSSELL: No, no. I am always happy to listen.
GIOVANNI BORGHESE: Hi, my name is Giovanni B,orghese from Cutchogue. Thank you for
the opportunity to address the Board. I have a few thoughts coming into this evening but thought
better to be one of the first to speak and just gather a few opinions but I could have been the first
to speak, nothing would have really altered any of my plans here. I apologize, this is kind of like
a little choppy because I shoot from the hip normally, this is going to come a little all over the
place but I want to know where the root of this came from, why it's the vineyards first and not
other types of farms that perhaps subsidize or make up for demand by purchasing from out of
state or from other growers? I think the word attacked has been thrown around a little bit and it
wouldn't be a far stretch to think that because of the narrative of what the vineyards do on a
negative front for the area is kind of why all the focus is on the vineyards and limiting
production. Can I just get an answer? Scott, is it essentially because of everything you here,
right, the busses, limos, things that Southold Town isn't really a big fan of, is that why it's
vineyards first and not other types of agriculture? Or like what kind of gave you the impression
to start here because obviously everyone is concerned it's going to be a ripple effect, it's going to
set a precedent, it's going to go into other verticals.
SUPERVISOR RUSSELL: No, the traffic and all those things are serious issues that need to be
addressed. This is not designed to address it.
MR. BORGHESE: Okay.
SUPERVISOR RUSSELL: There is, there seems to be, I am going to be candid, there seems to
be some interest from people who want to come and build a winery but there's three components
from a zoning perspective. There's the production, the growing of the grapes; the processing of
the wine and then the sale of the wine. I know that's not consistent with your trade
understanding but the zoning, the problem is you have some of these applications coming in,
they have either no or nominal interest in the production side.
MR. BORGHESE: Can I just stop you right there? Can there be a separation from new
applications to current operations?
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 51
SUPERVISOR RUSSELL: That's what this proposes.
MR. BORGHESE: Okay.
SUPERVISOR RUSSELL: This does not impact any of the existing wineries or any of the
wineries that are already in the application stage.
MR. BORGHESE: I have been dying to get to that point of this. This might not affect anyone
tomorrow and maybe everyone is within this 80/20 as it stands but as Anthony Napa mentioned
earlier, Chobani being able to come to upstate New York State and become a national brand,
would Southold Town be proud to know there is a national brand coming from Southold Town?
If there were to be a reputable vineyard that perhaps grows X amount of their grapes and then
purchases you know, free range how much they want to purchase. Is that something you would
promote or you are shooting that down essentially.
SUPERVISOR RUSSELL: You had asked me the question before, I just want the chance to
answer it in its entirety, so you have the three phases. People who either have nominal or no
interest in the production side, the processing, I don't know, we get applications and there's no
reference to processing. I don't know whether it should be there or not, I don't know, I am just
saying and then the sales side. All this did was number one, it at least makes someone plant
grapes alright, because the code and let me give you a specific example, I have got a 4,000
square foot winery being proposed, 10 acres plus two for the winery. How many are you going
to plant in vines? We are looking at four or five acres. What are you going to do with the rest?
We are going to plant privet hedges, okay? No, manufacturing or processing component to this
plant, it's a 4,000 square foot winery and I have got to ask you guys, does, should the town code,
should the town code allow someone to build a 4,000 square foot winery who really hasn't
shown any commitment, any perceivable commitment to actually growing grapes?
UNIDENTIFED: Inaudible.
SUPERVISOR RUSSELL: The 4,000?
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: But they're building the winery first? I am going to be candid, I
don't think that is necessarily the intent of the ag code. I think it's designed to support the
operation but the thing is, they have the acreage, you could say maybe they can't afford it, well,
why wouldn't they plant out the whole 10? They already own it. Know what I am saying?
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: But it costs a lot of money to build a 4,000 square foot winery, do
you really think, this is where we will have a disconnect but I understand a lot of what you are
saying, if you really think a town code should allow someone to build a 4,000 square foot winery
and only plant a couple of grapes, then I don't think that's what we are looking for in the ag
a�
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 52
zone. I think you really need to see a bigger commitment and every other aspect of the
agriculture code requires that. I don't know why we should carve out an exception for someone
unless they make the, you asked me, I am sorry, I know I am talking a lot and Louisa is right, I
will take the dagger on that but I have these winery owners and I know there's two sitting here
tonight that won't open their mouths and two that aren't here tonight that are saying Scott, why
are we competing against this? We have 30 or 40 acres, we are spending $5,000 an acre a year
just to maintain them. Why are we even looking at someone building a winery when we can't
figure out where he is getting his grapes from, where is his commitment to the industry? And
then you have a community up there saying, wait a minute, we are not even going to get to look
at grapes? Don't forget the community matters too. We need to factor them into the equation.
You are talking about commercial operation on agricultural property where there's no
perceivable agricultural operation.
MR. BORGHESE: Alright. But it does also seem Pike there is, you are saying, it does also
seem, alright, let's get a little more personal.
SUPERVISOR RUSSELL: Sure.
MR. BORGHESE: We have roughly 25 acres of vines, you know we get X amount of tonnage
from that, we are allowed to buy up to 20 percent up from that. We are maxed out. That is
literally our production forever. Property taxes, wage's, other types of equipment, everything is
slowly going to rise. We sell like 17 wines. Maybe 5 or 6 wines, non-vintage wines, are literally
cheaper than our (inaudible). That is just to stay competitive so we can kind of fight the
narrative that Long Island wine is, I mean, let me not speculate but in my limited experience
decades ago, it got a bad rep for being over-priced and under quality. In the last 10-15 years, I
would say, you can't even put it in words what Long Island wine means to the Long Island
market, Manhattan market, people who actually care about wine, right? So where does a
vineyard go who wants to strive to become a national brand and so that's one point of it. the
other point is just you know, like I said, you are maxed out, these other forces in the business,
these other costs in the business are going to rise, you are going to have to what? Raise the price
of your wines, right? because we do make up for the wines that we sell under cost, we make up
for that through tastings, through tours and through the other wines that are expensive but I guess
my point here is that, I think it's going to backfire where you are going to see a lot of vineyards
who max themselves out in the next few years, they grow what they grow, they are going to take
advantage of the additional percentage they can purchase, right? Mostly to build the wholesale
platform. How are you going to stay competitive? Well, you are going to drive more sales to
your tasting room. You are going to get every effort you can behind you to get more people to
come to your physical brick and mortar as well as raising prices which you are going to save as a
last resort. All I hear is, like I said, it's not the trees, kit's not the pumpkins, it's not any other
industry, it's wine first and wine is getting a bad rap because of all the traffic, it's going to get
worse. It's literally going to get worse. We could make our money buying fruits, scaling it, you
understand, right, you buy the grapes by the pound, by the gallon, it's significantly cheaper than
you growing it yourself, right, I am not saying I would promote a farm to have just a little you
know, retail location, no vines at all and just buy fruit. I am on your side with that, I heard you
say Jill, earlier, I don't condone someone coming into the area, just buying a piece of land and
building a little tasting room and buying 100 percent, you know what I mean, I should stop
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 53
speculating and just speak more for myself but I do think that it would backfire, there would be
more pressure to get people to come physically to the vineyards I think, I just think that Long
Island wine would end up pricing itself out of the market and this little slice of heaven would be,
it's just, you look at wine on a global level, you go to other countries or their estates or stuff like
that, this would be, a story would be written about that would be very embarrassing and very sad
to be a part of I think for a very long time and I think you guys have the power to change that or
at least prevent it. Yeah, I am just going to finish, another example I know people said, so you
guys understand the business a bit more, in which cases people would buy grapes whether we're
having an abundance of chardonnay but we don't have the distribution channel to sell it all. We
don't want to keep filling our warehouse with chardonnay. You sell it to another wine maker
who potentially doesn't grow their own grapes and with that cash you go into winter a little more
comfortably or you go ahead and buy a grape you don't have. Another example of when you
would really need to buy fruit, let's say you are comfortably in that 80/20 range but all of a
sudden you have a bad year or for us, for example, it's the 45th year of the industry which Louisa
started at this farm, vines typically last about 30 to 50 years, so in the near future, we are going
to be budgeting to plant significantly to replant every single plot 1/3 at a time, so you are never
out one in particular variety, you can each year, replant one, replant the next replant the third so
that by year three or four you are hopefully getting something from that year. Obviously we
need to buy a lot of fruit during that time. every single vineyard is going to go through this
process of needing to shift around what they're going to have to do to prepare for the future, for
the next generation of vines per se and need to supplement some of that loss of fruit, in like, I
know it was mentioned here how you regulate it, I appreciate questioning how it is regulated
although it does make me feel like it's not and you just do you but yeah, I mean like none of this
makes sense, absolutely none of this makes sense. And I think this needs to be voted down
immediately, I think there should be absolutely no limit to how much fruit you can buy, I am on
your side as far as sure, if you want to have a winery, you have to grow grapes, you have to sell
retail there sure but the sky should be the limit. You'should be able to scale as much as you
want, you should be able to become Chobani and the fact that it's not being met with
overwhelming support from Southold Town is I don't know the word for it.
SUPERVISOR RUSSELL: I know you asked me a question. I just want to ask one and I know,
I am trying to do again, she was right in criticizing me before, a 4,000 square foot winery,
alright, very nicely laid out. It really is geared towards special events. Only a passing interest
in...
MR. BORGHESE: So you have got to separate it then...
SUPERVISOR RUSSELL: That is what we are trying to do.
MR. BORGHESE: You have got to say...
SUPERVISOR RUSSELL: If it isn't perfect, that's fine...
MR. BORGHESE: You can't put the whole industry in one box. You have to handle it....
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 54
SUPERVISOR RUSSELL: I will concede that. Just so you know some of the challenges we are
dealing with.
UNIDENTIFIED: Inaudible comments from audience.
SUPERVISOR RUSSELL: They are ministerial, it's not about having special events, it's about
saying we are going to have a winery in an agricultural area, don't you want them to have, and to
be candid, you spend a lot of money to maintain that, why would you compete against someone
that's circumventing the whole process and just wants to be where you are without all that
investment and time.
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: But they have to grow some...
COUNCILWOMAN DOHERTY: Scott, he needs to come up to the microphone.
SUPERVISOR RUSSELL: Yes, I am sorry,
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: What's that?
UNIDENTIFIED: Inaudible.
MR. BORGHESE: I will just say, we are within the 80/20, like you said, if this is passed
tomorrow, it doesn't affect us. but you have to know, you are playing, I think you know better, I
just think you know better that in like five years from now, like ten years from now, fifteen years
from now between rising prices and property taxes, all the equipment, wages, everything that's
going to squeeze that, pinch that 80/20 percent margin. You are eventually going to either rise
the prices of your wine, force people to physically come out here which is going to definitely
backfire on your agenda and I just, I don't know, man, I just think this is all very short-sighted.
Whatever you determine tomorrow, I mean, you are not thinking about tomorrow...
SUPERVISOR RUSSELL: We are. I am going to repeat again, this does not stop any of that
from happening in Southold Town, it's just a question of where you site the sales.
MR. BORGHESE: Just one thing, I know you are getting beat up here, Scott...
SUPERVISOR RUSSELL: I deserve it.
MR. BORGHESE: And I would (inaudible) I know you are a good guy, there was a point where
we were concerned of being able to renew our liquor license due to estate settling, what names
were involved, what names weren't involved and as far as the SLA goes. Scott, you do have an
open door policy, I have always respected that of you, I just popped in and a day later you came
to me with a slew of resources of how to navigate the next step. I also called Ron Goerler, I also
Amendments to Chapter 280,Wineries in Residential Districts
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called Gabriella Macari, eventually got the details and contact of someone who helped push us
over the finish line in this very unique situation that we were in. The fact that I can go to the
town and go to people within the industry should be, should be appreciated for now because it
sounds like it is getting harder and harder to do that. And it's going to become an us and you, us
and them kind of thing and just, you know, before it goes that way we should try to prevent it
perhaps. I am good, thanks.
SUPERVISOR RUSSELL: Thanks.
ALIE SHAPER: Good evening everyone. I am Alie Shaper, I'm a resident of Cutchogue and I
am going to speak to you as a number of different entities so one is a resident, two as a local
winery and business owner. I own two of them in fact. Also as a member of the Long Island
Wine Council board, I have served with the board for four years. I am an outgoing board
member but I'm still here until December 31St. A little bit about why I am here. My whole life
depends upon wine. I started by business at the age of 33 in 2006, so this was my 12th harvest
season. I started because I was lucky enough to have access to Russell Heam's premium wine
group facility. I started my company on $50,000, 500 cases of wine and all purchased grapes. I
eventually grew that to 6,000 cases on grapes that I was purchasing from here on the North Fork
as well as the Finger Lakes. The fact that I can do that here is pretty spectacular. I would also
like to introduce my life partner, Tim (inaudible). He is from Australia. He is here working in
the industry as well. We met because of this industry. My stepchildren are here on the North
Fork enjoying the time of their lives, having a lifetime experience this semester here on the
North Fork. They are living with us and going to Mattituck-Cutchogue high school and they
were here tonight so they could observe this process and understand more about what it means to
be a part of agriculture here in the Town of Southold. My wine brands, I am technically a
winery, I am licensed by the State of New York, by the New York State liquor authority, and I
have a business model that is similar to a couple of my other colleagues, Adam Suprenant,
Anthony Napa etc., where we purchase our grapes and then produce it at another host facility and
I too would one day like to have my own vineyard and no offense, Russell, but maybe one day it
will make more sense, maybe not now where it costs me less to actually operate my own facility
than it is to paying the fees at premium, with all due respect. However, if that is an expansion,
then I want to do and this code passes tomorrow, I am disqualified. Because I don't have $1.2
million in my back pocket here today. My wallet right now has $22 in it. That's just to purchase
the land that is bare, that has nothing on it. I am now almost 45 years old. I still after all these
years have not amassed wealth in order to afford land to buy here. Do anyone of you on the
board think that I would be able to go forward with my plan to build my own winery here?
Anyone? Mr. Dinizio?
COUNCILMAN DINIZIO: Well, honestly, I am still learning how you...
MS. SHAPER: I am educating you right now.
COUNCILMAN DINIZIO: I read your letter and I am saying to myself, how does she have a
winery without having grapes?
Amendments to Chapter 280,Wineries in Residential Districts
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MS. SHAPER: Because this is one of the many, many business models that exists throughout
the world. Do you know how many custom crush wineries there are in the United States? That
you can find listed online? I have counted 74 today. Did you know...
COUNCILMAN DINIZIO: What is custom crush?
MS. SHAPER: Custom crush means you buy your grapes and you bring it to a facility with who
you contract to conduct your own production or to have'them make it for you.
COUNCILMAN DINIZIO: Where do you sell your wine?
MS. SHAPER: Sorry?
SUPERVISOR RUSSELL: She has a tasting room in Peconic.
MS. SHAPER: I have Peconic Cellar Door on Peconic Lane...
COUNCILMAN DINIZIO: That's on Peconic Lane?
MS. SHAPER: Yes, on Peconic Lane. Yup and I also have wholesale, I first started with
wholesale sales.
COUNCILWOMAN DOHERTY: You are in a commercial building?
MS. SHAPER: I am in a commercial building. However, I think it is very shortsighted to think
that this code wouldn't affect the entire industry. It may not affect me tomorrow but it will affect
me when the other businesses around me collapse. If there are growers who can't sustain the
sale of their grapes and they go away, from where do I get mine? Where? Finger Lakes. But
you know how expensive it is to transport them from Finger Lakes? I did it for many years and
then I stopped. Where do I get my grapes? Where goes my business? And other producers that
bring their grapes to custom crush facilities, there's another one up in the Finger Lakes of New
York that operates the same way, so you see where,this is going? This is going to cause a
systemic collapse of our industry. I will not be able to.eat. I used to be an engineer but I am not
qualified to be an engineer because I have been out of the game for so long. I don't have any
other industry to turn back to. My step-children will not be able to come here to visit me, I'll
probably have to leave the country in order to find work in wine making somewhere else. I am
sure that is not your plan. So I would also like to point out that there is plenty of definition
within NYS Department of Ag and Markets laws as well as NYS Alcoholic Beverage control
laws that state what .a farm/winery can and cannot do in the State of New York, it does not
restrict what products you can grow. To grow, to be a farmer in New York you are only required
to grow 1/4 acre. And you are only required to produce 50 gallons of wine. That's a micro size
indeed. I bet there's a parcel of land out there that's appropriate for a micro size, I bet there's a
parcel of land that's appropriate for a 4,000 square foot winery. It does depend on what the
model of what that particular business is but you cannot categorize everybody into one model.
Right now I am telling you about a model of wine business that you weren't aware of before. I
think it would be very dangerous to approach code in' a piecemeal manner especially without
i
Amendments to Chapter 280, Wineries in Residential Districts
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having a detailed understanding of what it means to be in this business. Am I correct in that?
Would you agree, council members? Could I see a yes or a no or some kind of...
COUNCILMAN DINIZIO: Here's what I will do, I will answer that and I will say to you, for
the past six months, we have been attempting to do just that.
MS. SHAPER: Yeah. I would like to point something out, the last 48 hours I have been reading
the town website, a lot of it. The, there's only two times that the Alcohol Farm Product Working
Group appeared on the agenda in the past year. One was April 11th at its inception. The other
time was on August 1 which subsequently became a cancelled item. So there's not a single time
it's documented in front of the Town Board when you have actually spoken, all of you, I know a
couple of you have attended the meetings yourselves, I highlighted everything, I printed out all
of the minutes, so there's not a single time that the Farm Products group presented to all of you.
I do know that the Farm Products group invited you to tours of the wineries, how many of you
went to those? Raise your hands, please, so the audience can see. High.
COUNCILMAN DINIZIO: Right here. That's as high as it will go.
MS. SHAPER: Shoulder issue, okay. So two out of six have come out to educate themselves
with an open invitation.
COUNCILMAN DINIZIO: Can I just interrupt you?
MS. SHAPER: I am not quite finished yet.
COUNCILMAN DINIZIO: I have been working in this industry, the man right behind you,
sitting next to you, can tell you that.
MS. SHAPER: Yeah, yeah.
COUNCILMAN DINIZIO: Since almost its inception, my name is on the first special exception
that was granted in this town...
MS. SHAPER: That's great. What does that have to do with today?
COUNCILMAN DINIZIO: I am just trying to tell you, I am educated in what you are exactly
saying to me to the point where I know that you have needs and wants and I know that the
business has changed drastically, okay, but when you see something on the agenda, that's just a
report that we are getting, okay, the one you want to look at is Mr. Baiz's committee and...
MS. SHAPER: But we all know that this code did not come from the Ag committee nor did it
come from the Alcohol Farm Products group.
COUNCILMAN DINIZIO: Let me say this...
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December 5, 2017 page 58
MS. SHAPER: Mr. Dinizio, I am going to ask you to please let me speak because I am not
finished.
COUNCILMAN DINIZIO: I will answer you when you are finished.
MS. SHAPER: Talking over me is not going to...
COUNCILMAN DINIZIO: I am sorry.
MS. SHAPER: It's not fair, it's not appropriate.
COUNCILMAN DINZIO: I am sorry.
MS. SHAPER: Okay. What I want to know, where this.code came from? Who wrote it?
COUNCILWOMAN DOHERTY: Can we...
MS. SHAPER: Mmmhmm.
COUNCILWOMAN DOHERTY: It's a process...
MS. SHAPER: I know it's a process, that doesn't answer the question. Who wrote the code?
Who drafted it?
COUNCILWOMAN DOHERTY: I am trying to answer that,just like Jim was trying to answer
you. It's a collaboration of committees and different, it goes to different committees and code
committee and it's a collaboration and the end result of a proposal comes here and we flush it out
in a public hearing. This is the process.
MS. SHAPER: That I understand.
COUNCILWOMAN DOHERTY: It's not the end all, it doesn't mean that, we don't have a
decision when we have a public hearing, we have a public hearing to gather more information.
MS. SHAPER: Absolutely. However, it's concerning to me that it's unknown where this code
came from.
SUPERVISOR RUSSELL: Can I answer?
MS. SHAPER: No, I am not finished. What I think we�have to acknowledge here is that there is
sentiment, that there is a big misunderstanding about how the wine industry works, what all the
different models are, where we can turn to for definitions, what's allowed at the state level, if
we're wine producers, under New York State law we are also allowed to grow and produce any
other craft beverages defined by the farm manufacturer definitions defined in New York State
law. That means you can be a distillery and grow grain. You can be a brewer and grow hops.
You can be a cidery and these are all very well qualified agricultural products. It doesn't make
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 59
sense to disallow the intermix of growing of products on a winery property. It is not fair, it's
discriminatory to wine grape growers especially when that's not required of any other grower in
the town. And I think we also have to acknowledge that this is not just a Town of Southold
scenario, that this is something that affects an entire ecosystem. We have a very delicate
ecosystem. It's not just about the wineries in Southold, it's about our colleagues in the town of
Riverhead and beyond. What's going to happen to their families and also to their businesses and
industry? I think it's important that we don't approach this code in a piecemeal fashion because
as you can see, its' generated a lot of questions in people's minds tonight about what if and
what's next and how can this law be interpreted? What could also be next? I also believe in the
good intention of finding a way to do it but this is not the right approach to do it one little bit at
time and then work out the kinks because you can see this is already a very big kink. So I think
we have to acknowledge that we have a piece of paradise here that we have to be careful, we
have to go about it carefully and not just pass something for the sake of passing something just
for the sake of getting it done. And we have to be more proactive with one another, we have to
be, and it comes from both sides, we have to be more transparent, we have to be more
collaborative, we have to be less argumentative, we have disagreeing views on how the industry
works, we have to educate one another. We have to provide a healthful and productive, modern
and smart balance to the code and this one little piece does not cover nearly what we need to
cover. It has one little patch and we can't do a patch and a band-aid and a band-aid. So I
propose to you that you withdraw this code or vote it down and come back to the drawing board
with us and we fully invite you as industry members. Thank you. Did you have a question,
Supervisor?
SUPERVISOR RUSSELL: No, I just wanted to clarify, the code committee actually is people
within town government, the Town Board, Town Attorney, the Building Inspector, Planning.
Whenever you are going to draft new code or adopt new code, you have to run it through those
agents first because they are going to be administering code. It also gets cross referenced against
existing code.
MS. SHAPER: Right. You do understand the concern that it's unclear who drafted it and why.
SUPERVISOR RUSSELL: I did want to clarify that it doesn't stop anybody from growing
things beside...
MS. SHAPER: It's not about stopping people from growing, it's about the stunting that it
creates.
SUPERVISOR RUSSELL: It just speaks to the first 10 acres. After that you can grow
blueberries, whatever you want. Also the reason I didn't go on the tour, since you did ask and I
didn't get to answer, my ex-wife was production manager for Pindar Vineyards, we had a very
good relationship with the family, I learned more about the wine industry than I ever thought that
I would need to know. Certainly I have got a lot to learn, but we are very familiar because we
were very social with some of the winery owners and some of the wine makers in town.
MS. SHAPER: Okay. Well, (inaudible) when I go out and look at grapes to buy, I say are they
the right grapes at the right price? You can easily get excited about (inaudible) one thing or
Amendments to Chapter 280,Wineries in Residential Districts
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another and something looks like a great solution and a great idea. I can't tell you, every season
I have to stop myself from buying three tons of this and three tons of that because it's an
interesting grape and you have to hold yourself-back when you get excited, I mean, you want to
produce this wine or that wine. I could produce 1,000 different wines but that would be
impractical. So the saying becomes right grapes, wrong price. This is a case of right grapes,
wrong price. We can't afford to fit everybody into the same box. I understand a need for a
minimum acre zoning in a certain agricultural residential area. That makes sense but 10 acres is
prohibitive. It is very, very prohibitive economically, it will stunt the industry. Is that something
that is visible to you?
SUPERVISOR RUSSELL: The ten acres has been on the, you asked the question...
MS. SHAPER: Yeah,just because it's in the code, doesn't mean it's the right code.
SUPERVISOR RUSSELL: The ten acres has been part of the code for over 25 years. It had not,
up to this point, stunted the industry. r
MS. SHAPER: Yeah. Well, it is now. It is stunting it now. So just because it's been in the
code for 25 years doesn't mean that it's still the right code. So that's another piece that we have
to look at. So, would love to chat with you more all about that when we do go forward and work
on new code that is going to replace this proposal. Thank you.
MIKE FALCETTA: I will be super quick, I promise. I just wanted to share, Mike Falcetta, I am
a board member with the Long Island Wine Council. one of the scenarios where this could be
really difficult with the popularity of the local movement and local wine and local grapes, if a
winery that was making 2,000 cases of wine, was approached by a restaurant group outside of
New York City, that they really like their wine and said, I would like you to make me 2,000
cases of wine to sell in New York City. What do those people do? can we go out and buy
grapes because that would be 50 percent of my production is from my own fruit and then I go out
and buy Steve's grapes if he is going to sell them to me. What do you do? Do you turn down
that business opportunity? With the opportunity to (inaudible). Maybe I would plant more
grapes if I knew that I was going to have that continued but if you need to plant those grapes,
you need to wait a year to buy the grapes, you need to wait three years for those grapes to
mature. Do you think that restaurant or that group anywhere is going to sit there and wait? No,
they are going to go somebody else, so there's a perfect example of how that 80/20 can affect
somebody out of nowhere.
SUPERVISOR RUSSELL: You asked the question,.I don't know if I should answer. My
understanding was it's a 51 percent rule now anyway, so you can buy up to 49 percent I think
from, I am just trying to understand the industry. You are allowed to buy, it's 51, you have to
produce, the other 49 you can get elsewhere.
MR. FALCETTA: Fair enough. If I am making 2,000 cases and I want to make 1,000 more,just
trying to give somewhat of an example, that's all.
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SUPERVISOR RUSSELL: I am just learning, so. Who else would like to address the Town
Board?
COUNCILMAN RULAND: First of all, as the hour gets later and later, sometime we have to
interject something. I've never heard the word sterling and realized I was one and it was good to
see that the members in the jury box are still awake.
UNIDENTIFIED: Inaudible.
COUNCILMAN RULAND: I understand that. Grandma had the saying that there is a time to
listen and there is a time to speak. I usually listen more than I speak but it is now time to speak.
It is obvious to me and I should make some disclosures, I am a dirt farmer and I have been a dirt
farmer for 51 years and I too have had all the animals and all the things that went on that side of
it and maybe I am a better person for that today. When I came to this board ten years ago, I had
made the third farmer on the Town Board. Now I am the lone farmer on the Town Board. The
awesomeness of sitting in this seat and discussing whether it is this issue or something for me
who is a native, was born here, was raised here and have lived here my whole life, is something
that I do not take lightly because I live here, too. It's obvious to me based on the overwhelming
comments tonight that while the idea of this might not be ill-conceived, the process apparently
based on the amount of comment was not the right process and that the issue certainly needs to
be visited again. there's no question about that and there needs to be the involvement of people
with the expertise and I think that can be whether its individuals, whether its wine council,
whether its farm bureau and I should disclose I have been or my family has been for 100 years,
so I have been for a long time and I only say that because I can't let that and that alone affect my
judgement. I have to understand what it is that people are saying and I think that as we look at
this process which it appears to me is flawed, that one of the things that we can learn from
history which means whether this was developed yesterday, two weeks ago, a month ago is that
it has something to teach us. It has taught us that we probably have not done the right thing and I
will certainly take my share of the blame for that. As I said initially to Steve, alright, one of the
things that is most important to me is the comments that people make which according to the
process which is the next to the final step. But now we see that this step needs to be extended, in
my mind, I am speaking for myself and not for my colleagues but in my mind. I am looking at
saying we need to go back to the drawing board with the people that we have, with the
suggestions that have been made and with the help of people that are willing to help, and listen to
both sides, hear our concerns and come to a consensus that many people have spoke about
tonight. It's extremely obvious to me that a consensus is going to bring something that might not
be totally acceptable to everyone but as far as the industry goes, it's acceptable in the industry.
My chance to respond to the lady who spoke before. I didn't go on the winery tour because I am
familiar with the first winery and I have known the people since they moved here. I have friends
in the industry and we share a lot of the same things. We till the soil,just in different ways. And
while that alone doesn't drive the discussion for me because my obligation as was said by
someone before, is to all the people of the Town of Southold and we hear these things, well, you
only care about the people who voted for you, well, if anybody knew me, that just isn't the case,
I am not that way, never have been. Been involved in public service for a long, long time. it's
not my, I am looking at the facts and the facts are telling me tonight, that one, no, I wouldn't vote
for this as it is tonight but I am reticent to do anything other than table it because I want to keep
the process moving. If it would have been withdrawn, I am afraid this thing is going to hit a
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bump in the road and die. There are issues on both sides that are obvious that need to be
discussed and the time to discuss them is now and the reason you have something that is tabled
that needs to be modified, it needs to go back to code committee at some time but I think it needs
more input for the Alcohol Farm Product Working Group, the Ag Advisory Committee and the
people with expertise in the industry. However those people are organized to give us bona fide
representatives that we can go in a room and have a discussion and that's all I have to say.
UNIDENTIFED: Inaudible.
COUNCILMAN RULAND: If you're....
UNIDENTIFIED: Inaudible.
COUNCILMAN RULAND: May I answer you? I wouldn't have a problem with withdrawing.
But I think everybody has to understand, it has to be dealt with. And if that's a fair compromise,
as long as everybody, this is in my mind, alright? I am not speaking for colleagues, if everybody
understands it has to move forward, the discussion especially alright, to address all the concerns
that have been brought up and many of them, the concerns were very similar so the focus isn't
the whole universe, the focus is pretty well defined.
COUNCILMAN GHOSIO: I would like to make a few comments also. First off, I want to
acknowledge that I find it enlightening and a little bit fascinating that your industry was able, the
folks in your industry came and supported each other the way they did tonight in such a global
fashion. I, like you, am involved in business. I own an oil delivery company, fuel oil company.
like you, I am regulated very, very closely by various entities, governmental and otherwise
because I deliver a hazardous material. Anytime that these kinds issues come up or anything that
could affect my industry or affect my business, like you I have, I am a member of groups, they
will get together and they will lobby and testify about the industry to the various governmental
industries that regulate us. But rarely do I see such a uniform response from my cohorts and
colleagues in my own industry. So I find that fascinating, I appreciate that you get along as well
as you do and you help each other in that regard. I do want to say that some of the things that I
have heard tonight for example, one thing about agriculture and I think I have heard this from
Chris many times you know, change is constant, right. Well, it's not just in your industry, it's in
most businesses. We also spoke about and you spoke about the need to be able to have young
people be able to afford to get into the agriculture business. Well, I think it's a great idea but I
don't see it being any different than any other industry. Frankly, I was 52 years old before I got
to the point in my life when I could purchase my own business. I couldn't do it in my 20's, I
couldn't do it in my 30's and I couldn't do it in my 40's. Some people think I am crazy for
doing it at such a late time in life but what the heck? The point I guess I am trying to make is we
all have obstacles to get over and you know, I am not necessarily sure that it is the town
government's responsibility to make that any business or any industry in town any easier than
any other business to get into I guess is my point. We all have those obstacles that we have to
overcome and the other thing I would like to mention is that a lot of the questions that came up,
well, what's driving you to do this? Or what's driving you to even want to consider doing this
and I at least want to just recognize or ask you to recognize that there was a good amount of
people, your neighbors and friends that didn't come tonight to speak for or against this in its
present form but that being said, there are those folks, a contingent of our community, that is
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worried about unbridled growth of this particular industry. I am not hearing complaints and as
you all know, I just came off a campaign, a very well fought campaign and I didn't hear anybody
complaining about potato farmers or cauliflower or squash. The complaints that I was hearing
was what are we going to do about the wineries? And that's just a realistic point of view from
somebody who hears it from other people who aren't necessarily in the room tonight. That's the
driving force, I believe, in our acknowledging that there are issues that we need to address, not
just for you folks but for the rest of the community as,well. And that's where this comes from.
This doesn't come from a nefarious place where any one of us, at least I can speak for myself, I
can't speak for my colleagues, that we are anti-winery. But we just recognize the fact that there
are people that are worried. Not just about one bad player either, it's about the fear of unbridled
growth that's changing the fabric and the way our community looks, despite the fact that we all
want to support agriculture and that that's been a major part of our history but there is that fear
that they have as well and I think it's fair to acknowledge that. Aside from that, do I necessarily
think that this is the exact way or the exact code that we need to pass? Based on a lot of the
input that we got tonight, I am not exactly sure that this is the way to go. But I am certainly
appreciative of the fact that you folks came here, helped educate us and to give us things to think
about that we didn't have before. I will also say that itis very telling that the process works. We
put something out there, it drove the discussion and ultimately, in the end, hopefully, will
produce something that we can all live with. That's it.
COUNCILWOMAN DOHERTY: I am not a farmer. Don't come from farming family, I grew
up on the water. My grandmother used to bring scallops to Seps and trade them for cauliflower,
to Pete's grandmother. They were friends and you know,that's community. You trade, you help
out, you do. My mother would come over and when your grandmother was sick, she's a nurse,
and she would check on her and then always come home with vegetables. I mean, we depend on
the farming industry for everything and my background is bookkeeping and business and I have
a business mind and this was in code committee, I asked some questions, well, let me put it this
way, the perception that I had of what this code did is obviously different than the perception of
what all of you have by reading it. And by having such a difference, I feel we failed in writing
this code because it's not, a lot of the comments that were made tonight were not the intent of
what we were trying to do here, that I feel. I can only speak for myself. And I think that we
need to take more time, get more input from you, get something that works because I for one do
not want to tell you how to farm. That's not what we are here for. We are here to administer
zoning and make sure it's properly done. And you know, we want to make sure with agriculture,
that's ever changing, it's farming, it's next to residential areas but it can become agritainment.
And we need to, you need to constantly re-form your business to stay in business but we also
want to make sure we don't have a Route 48 again. this code is not specifically about Route 48
but Route 48 opened all of our eyes and it stunned us as much as it stunned you and we need to
put regulations in place to protect all of us, to protect you from your working, your growing your
farm, you are working hard and you don't want' somebody to come in and just throw some
money at some things and do some weddings and kind of dismiss all the work that you have been
doing in farming, so we are trying to protect the farming way of life out here. Yes, it's
constantly changing but it doesn't need to, we want to keep the way of life here and we want to
make sure that you're able to continue to farm. and operate your business and be successful at it
and a few bad apples can ruin that for everybody and that's what we are here for, to make sure
that doesn't happen. That said, we need your help, we need your input and I think we should
Amendments to Chapter 280,Wineries in Residential Districts
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withdraw this and go back and a year ago, before we did the committee, I suggested something
and I suggested the other night to these board members that maybe we should schedule, every
other week, a meeting at the same day, same time and every other week for three months, six
months,just keep, you know, have an agenda at each meeting and get that part done, get that part
done and just, so we can have, so it keeps going on, so it doesn't get dropped and we can work at
it because you can't, it's so big and there's so many different changes, we were trying to
formulate something so then we have a little better understanding so when we continue the
conversation and keep making the changes, obviously this is not working this way or at least this
definition isn't. So we need to keep working at this and we need to formulate trust between us,
to know that we are working together for all of us.
SUPERVISOR RUSSELL: Look, there's a couple of things, first and foremost, look, I
understand there might be some apprehension or outright opposition and there's a couple of
issues I had said earlier, I do want to revisit the processing, whether it's on site or not. The
80/20, that number has been moving a lot. I am going to tell you right now, if some of you
expect me to say you shouldn't have to process anything or if we don't have the right to make
you plant grapes to some extent, I am not your guy because I am going to disappoint you because
I think we have the right to do that if you want to have a winery. I also think 10 acres has
worked for over 25 years, I am not willing to budge off 10 acres. I am willing, however, like I
said at the beginning of the meeting, is to say look, there's two separate segments here. There's
a full service winery attendant, special events and all those things and the small scale niche type
of things that I had said right at the beginning and I said to Louisa and others, we really need to
hunker down and start defining those, they are problematic. These are commercial uses on much
smaller lots, so we have to be very thoughtful when we do it but I was always willing to visit
that. I made that clear. And for a lot of people that were commenting, I think that was probably
more in line with what your goals are. And yes, Louisa is right, she called me out, I did talk a
lot, I admit that, I tried to bite my tongue. I got a little bit better later on but you know,just so,
you know, some people in this room I have been working with for 20 years and you know me, I
am at least engaged in the process and I am not just going to sit here with a blank stare and then
do whatever the hell I want. You guys know I have never done that. So and this conversation
wasn't new tonight, it's been going on sometime with many of you individually and as groups.
The one last thing I am going to say, the suggestion that people are afraid to speak because
government is going to punish them somehow is baseless, it's an insult to every professional that
works at town hall and there's not one example of it, certainly not in the 12 years I have been
here. I find that absolutely abhorrent, absolutely. I am sorry but my relationship with you guys
has been going on a long time, you have come to me whenever you have needed something, I
have always responded well. The idea that we are going to run around with these secret plots is
just abhorrent that it was even suggested. That's the only insulting thing I took out of this whole
thing. Everything else, that's fair. I understand it. there's apprehension and opposition but I do
think something needs to be done and the two things I would say that, the two unfortunate things
were that people misconstrued this and accused it of doing things it wasn't going to do and also
all the people that stop me at IGA and emailed me and said thank god you are doing something
about the wineries. They are wrong, too. This wasn't about that. this was trying to get
agriculture back into the agricultural zone and then the attendant things that come with that
which would be a winery. But at any rate, I am done, Jim. Your turn.
Amendments to Chapter 280, Wineries in Residential Districts
December 5, 2017 page 65
COUNCILMAN DINIZIO: Well, I really mostly agree with Scott, you know, I am just going to
give you my personal view. You can grow grapes, you can pick them, you can process them,
ferment them, bottle them on any piece of land you want. It doesn't make any difference to me.
Sell? That's where it gets sticky. Okay? Because some of the marketing technics are very
cumbersome for the town to enforce. Vineyard 48, we were there 44 times within three months.
That's weekends, okay? They don't open during the week. We had 12 pending court citations
for that vineyard the day that they closed. It's a lot of work, okay. It's a lot of listening to
people, the neighbors, it was a lot of work to do that. That's what I am seeing. And I really
didn't hear much of anybody addressing what it is they need for special events in order to make a
living, okay? My personal feeling is, I just don't want to hear the band at 11:30 at night. I am
sorry, I don't think that should be allowed in any residential zone and that that band should even
be outside that late at night. But we need to come to some conclusion on that because that's a
real sticking point. Besides that, go have your thing, do your thing. Let me know what you need,
honestly, when I saw this law, there was no way I was ever going to vote for it, okay. It just
wasn't going to happen but it's here, we presented it. As far as the process is concerned, again, I
have been in government for a long time. The process we set up is the process that we have to
set up. Now there were 8 meetings of that committee, my assumption is when we, when Benja
mentions code committee, that's where we all sit and we listen to the result of that committee.
Now whatever shenanigans went on, I am unaware of. I listened to the chairman of that
committee tell me what he wanted. I disagreed with some of the stuff, okay, the 80/20 was one
of the things I disagreed with. And I told him so, okay, and I asked him to go back. I wanted to
base it on the, you know, the process that you guys use which is that North Fork label. And quite
honestly, if you were willing to follow that North Fork label, you get a certain something more
than the guy who is not. I think that's only fair. The ten acre thing is the minimum, in my
opinion, is the minimum that you could have in order for you to get all the goodies: the special
events, the big money making stuff. Okay. you know, describing somebody that's got 10 acres
is only going to plant the five in grapes and put up a 4,000 square foot building, okay, he is going
to qualify for all the goodies and not do any of the other stuff, you know, that doesn't help the
guy who is doing it right. it doesn't help Lenz, it doesn't help Pindar, it doesn't help because all
of a sudden now anybody that owns 10 acres and is not growing the grapes could just buy wine
by the truck load somewhere and I don't know, I don't think that's good for your industry.
Maybe it is, maybe you are okay with it,but I, what I am hearing is hey, if everybody follows the
rules, we could all make some money here. Honestly, when it comes right down to it, that's
what it's all about. Okay? But I don't want to restrict anybody, I think the process was pretty
good. I apologize if I offended anybody, I can't learn unless I ask questions and I have got to tell
you, I look at this audience and I say, I have an opportunity and I am going to take it. so I push a
little hard, I know I do, you heard Scott, how long am I going to talk? I do it all the time. but I
want to know, I need to learn, it's the only way. I can't do it any other way and I have passion,
there's a man over there sitting out in that audience that will tell you about my passion. Okay?
Sometimes it gets out of hand, so I apologize for that. I don't mean to make that meeting go but
just understand that we all work very hard at this and we thought, I thought anyway, that the
process was followed. If it was not, I don't know how we get out of that. but we did have eight
meetings. My assumption was that the people who deal with alcohol farm products would show
up to that meeting, at least send a representative to represent them. I think you guys need to do
your homework on that end and we need to do better. Obviously we didn't learn what the
11
Amendments to Chapter 280,Wineries in Residential Districts
December 5, 2017 page 66
industry was until tonight and I welcome it. I welcome the information. So thank you very
much for coming.
This hearing was closed at 12:38 AM
Eliza th A. Neville
Southold Town Clerk
Southold Town Proposed Legislation December 5, 2017 Read to the public at 8:04 P.M.to start the
discussion with those who wish to be heard.
Copy of comments read into the Hearing by Kathryn Sepenoski from her hand written sheets.
Elizabeth Neville will add them to the official record along with other letters
• Thank you Board members for the ability to speak, as;it is my constitutional right,without fear
of retaliation, correct?
• 1 wore the jacket I had on in the polling place located in the East Marion Firehouse.After I cast
my vote, a privilege I hold dear as an American, especially this year 2017.We are celebrating
100 years of my hard won right by other pioneering woman to vote.Jerri Woodhouse affixed by
sticker to the jacket.
(I thanked Louisa Hargrave for her efforts as a pioneer for our industry)
• Next time the Board may not have success. (election)This will largely depend on tonight's
outcome.With Respect,withdrawing the proposed legislation or voting it down is what we ask
tonight.
• Bad developments like the one on Rocky Point Rd. killed the land as Agriculture forever.The
Town Refrain is always:'Just because we made a mistake before doesn't mean we should make
it again".That has usually been the comment to my detriment. (when I question decisions,this
is the response from Town Government)
This time I hope that it will work in my favor and that of�Agriculture.
• Some of you know me and I know you.
• One of you shared a meal with me, including vegetables;at a Church Bar-B-Q,this summer.
• One of you collected a $30 payment for a tire tube I left next to a tree stump in your yard.
• One of you played in a pit-band while I worked backstage, during a high school play,for my
children and their peers.
• One of you even presented my son a prestigious award and encouraged him to continue to
make high achievements in his studies.
i 2 of you heard my complaint on intimidation at an Agricultural meeting.
• 3 of you know how my family, my health and livelihood have been adversely affected by
speaking up for my rights.
Those are only the first threads of my thoughts.Threads that connect me to this community, like the
quilts my grandmother made with the (Methodist Church) Blue Group. She hosted these ladies at her
home.The conversation about local life flowed above my head,watching their hands make those
intricate stitches.
RECEIVED
1
DEC 5 2017
Southold Town Clerk
Before you just assume you know me and that I'm just the local girl who married the local farmer,who
was her high school sweetheart,you need to be introduced to me.
I am proud to share my rich connection to 'this' land.
My great grandmother was not from here. She was introduced to her husband at a dance social.They
decided to pioneer to the vast prairie land of Montana. Big Sky Country
My great grandmother had grit with a capital G. Before her early death due to helping a neighbor
farm/rancher,who was ill, she instilled that trait in my grandmother.
Anna Kathryn is my namesake.
She trained and became a nurse. She married George Cottral a soldier,veterinarian and scientist.They
started their family and he served his country.When he returned home he was offered a job at Plum
Island,Animal Disease Research Center.They chose to stay, build a home and raise a family.
I am a Sterling baby, as is my husband, Peter Sepenoski. For those of you who may not know,that
means we were born in Greenport hospital.
Growing up, I spent a lot of time with both of my grandparents.
Our garden in the back yard had a compost pile. I was given the chore of mashing the egg shells to
enrich that black earth.
My grandmother kept me busy, usually outside.
When my grandfather got home on the 3P.M. boat from Plum Island, he gave me some other chores.
One of those chores was working on artifacts for the Indian museum in Southold. He was one of the
most involved members. Often we took rides with the family to those fields next to the Port of Egypt
Fishing Station in Orient. Land my grandfather, 'Captain Bill' owned.There we were told to run and
explore but always be observant for arrowheads.The Farmers often turned them over when they
plowed the fields.
Plum Island drew many scientists from other countries. My grandparents hosted them and I was lucky to
be introduced to a global community.
You start to see the connections. Respect the land, be a Steward for the next generation. Preserve
history.
George and Anna Cottral were historians. George hosted a Garden Club at the Old Schoolhouse with a
discussion about Oysterponds history in 1957.The Southold Historical has dedicated the' History of
Plum Island 'to him for preserving that rich history as a template for them to follow.
Grit is in my veins.Anna the daughter of a pioneer gives me courage and passion for what I hold dear.
Family and the land we work. RECEIVED
i DEC 5 2017
Southold Town Clerk
it
Make no mistake, 'it is Work', but it is an 'Enriching life to be a Farmer, in Paradise'.
When I am challenged, I could choose flight, like our local deer or a mighty Elk(from Montana)
Instead when my family, my life's work with my husband and other peers who work this land (is
challenged), I fight
Like a Grizzly Bear in Montana, I will protect my rights, my family and my livelihood.
The legislation you propose will forever alter this community, Negatively
No matter a grape,a turnip, a hop,an ear of corn.We are agriculture and we demand that this Board
defend all Farmers.A Farmer Helps a Farmer.
My children have been raised to respect the land and to innovate,communicate and respect other
ideas and collaborate to leave a positive lasting experience,for others.
Eric is 34 on Friday. He was encouraged to pursue his education in a field that made him happy.
We knew farming and town politics as well as the economy might be a challenge to return to. Science,
though a passion,was too easy he said. He chose poetry and'writing as his path.
Always writing about home, he maintained a 4.0. He achieved his Graduate work at Emerson and is
currently teaching at Northeastern while developing his dissertation for a PhD. in Writing.The basis is on
Farming
Eric has submitted a letter that will be read into the hearing.
Eric married his bride, Brenna, on the farm in 2014.
Michael is 31 and earned his Eagle Scout at 16.
He was encouraged like his brother to choose something he would be happy doing.
Michael's choice was architecture. His dedication, integrity and innovative ideas earned him a spot on
the Wentworth Institute of Technology groundbreaking Graduate program. One of only 19 students, he
was challenged to succeed. If not successful,this program for accreditation at Wentworth, would have
to wait 5 more years to succeed.
Michael was successful and is poised to pass his last 2 exams for full Licensure.
Michael has written a letter for inclusion into the hearing
Michael was also married to his bride, Katie, on the farm in 2016.
Threads in the community. 'Sep'as my husband goes by, has dedicated his life to growing quality food
for this community and beyond.
RECEIVED
3 DEC 5 2011
Southold Town Clerk
Our bounty extends to those who may be less fortunate and to civic organizations.There are letters
from this year to support this statement. * see attached letters for Cast, Parish Outreach, Orient
Congregational Church, CorMaria Retreat House.
He,Sep, donated for 2 years to the sisters of CorMaria Retreat House in Sag Harbor. In their way of
thanks,they(Order of Sisters) petitioned the Pope to Bless our family.
We would do these things without any of the accolades. In fact'Sep' is usually quite shy about the
praise.
Members of the Board we are watching what you will do to our livelihood and yes lifestyle.,
Walking out the door to pick greens for dinner with my grandson, Henry, is a 'right' I fully intend to
protect and defend.
Make no mistake the 80/20 was not proposed by Farmers.
Making this career(farming) so restrictive will strangle any young farmer's dreams of a life here in
Southold Town.
Dirt is our medium and the canvas is full of color: Nurseries, herbs,flowers,vegetables, livestock,
grapes, cheese, hops,fruit,apples,sod,wheat and so much more.
(Henry's blue pail and shovel were placed on display with soil from the front yard. It was scooped and
sifted back into the pail for the Board members to see) comments to board and community: I dug this
soil as I was walking out the door to attend the meeting. It is the 'Best soil for growing the Best
tomatoes and Corn. "Sorry". (This humor was added and directed to my peers in the audience because
of an earlier comment about each farmer's bragging rights on a crop they produce.)
Be innovative not regulative.
You the community are all so privileged to have the greatest growers tilling the greatest soil in your
state if not this country.
Respect them fairly and unbiased as to their gender,farm interest or economic status.
The next great innovation grown in a field or discovered through a microscope may be produced and
processed in Southold Town.
I addressed the Board for some feedback on some of the issues that concerned me or that I needed
clarification on.
RECEIVED
4 DEC 5 2017
Southold Town Clerk
® Question directed at Jim Dinizio (I was comfortable starting with Jim as a peer) (Jim Dinizio had
expressed a background as supplying alarms for a living to provide safety)
Question: If a report was given to you for a situation of intimidation,what would you do? ( Mr. Dinizio
did ask for some clarification and context) Mr. Dinizio's response is in the record and yes, I did agree that
in the past he had been helpful to me with town difficulties. * see his full response in the Southold Town
transcripts or videotaping as several speakers were talking over each other.
(Gender and,safety are a concern for me, other woman and for the future success of my female family
members) I stated,' no action to my knowledge had been taken on a complaint I made regarding the
intimidation that occurred at a 2015 Southold Town Agricultural meeting held in the conference room
above townannex offices. I reported it in Town hall annex and in Town Hall to Southold Town officials.
More of my comments to several board members and Supervisor Russell because the above dialogue
was coming from many directions:
Bad behavior exists within Southold Town Buildings,what training and or policies (corrective actions)
have been implemented in this Town to correct it for the respect of the community,for the safety of
everyone?
Mr. Ghosio asked me to share what this intimidation was at a later time, as he was unaware of what had
happened or my complaint.
More of my comments: If the Board is unwilling to act to improve and protect residents, how can you
fairly support this legislation?
(Jill Doherity had also expressed her sentiments on this topic towards an earlier public comment'that
her role is to protect the safety and health of all her constituents')
Question to Jim Dinizio: Challenges a farmer might face.
Hypothetically, a farm less than 10 acres that wants to innovate changes,will the 280 Bulk Zoning
Schedule automatically kill an application, Correct?
His response to me was,yes.
I expressed concerns over the new 280 schedule to be discussed and voted on pertaining to affordable
Housing in existing buildings. It will be by Special Exception.This is a lengthy and costly process involving
site plans.This will be costly to the applicant and the Town. Restricted to HALO Zones .This concerns me
because the original working farms extend along the 25 and 48 corridor beyond the limits of the HALO
zone. More applications for Special Exception.
Question to the Board: Why is the length of time limit set at 8 years? Explain to me, because I see this
and based on tonight's comments a flag went off for me. Do you anticipate that less demand for
workforce and affordable apartments will exists because there are no young people to utilize it? No
Farms, No Food, No work
If the proposed legislation forces farmers out of compliance and they are forced out of agricultural
opportunities our community will lose new,generational and entrepreneurial farmers. (Slow death of
all business in Southold if Agriculture and its people are phased out and the trickle effect of all jobs
disappear because tourism is negatively impacting our economy)
Gail Wickham, in her earlier public comments directed to the Supervisor Russell, challenged the cost,
prohibitive fees,time issues as relating to site plan and Planning Board approvals for this pro REsdak)VED
5 DEC 5 2011
Southold Town Clerk
Supervisor Russell stated to Gail Wickham, 'The Planning Board has the authority to waive site plan at
any time.'
My note to myself when this was stated reads: Policy is denials, meaning,Applicants are denied first and
then have to spend countless time and energy to appeal to have this situation corrected,so that the
Planning Board truly can have the authority to waive Site Plan.
Several responses were given while talking over one another from Board members. Full answers should
be taken from the Southold Town transcripts and the video of the Public Hearing.
I conceded my place at the podium.
Another speaker repeated the question asked throughout the public hearing. We had not received an
answer as to individuals or departments involved. When the speaker finished and gave the floor back
Supervisor Russell stated that this was crafted by the Building Dept.,The Town Attorney, Zoning Dept.
and the collaborative efforts for the Board.
At 12:42A.M. on December 6, 2017,the Southold Town Board unanimously voted to accept the motion
to dismiss this proposed legislation.
RECEIVED
6 DEC 5 2011
Southold Town Clerk
RECEIVED
5 December 2017 DEC 5 2011
Southold"town Cldfk
My name is Eric Sepenoski, son of Peter and Kathryn Sepenoski of Seps Farms in Orient
and East Marion.
To those present, thank you for hearing my letter this evening.
I understand the town wishes to redefine what a winery can be and what it can do.
But to my mind, this issue may go beyond grapes. I am concerned that the proposed
amendments will set policy precedents that lead to further regulation of all farming in the
town. The proposed amendments may also establish economic barriers preventing current
farmers and new—particularly younger people—from acquiring land to farm.
As a young farmer with a new family of my own, I have every intention of continuing to
farm my family's land. But I and many of my generation are keenly aware that in order to
make economic ends meet, we also need to educate the public about what we do, what we
grow, and why we grow it here,in Southold Town. Educating the public requires that we
show them our farmland, let them taste the foods we grow and products we make, and
teach them about what goes into those products.
Are 10 and 80 really the numbers that will allow vineyards to be growers, sellers and
educators? I doubt it. We need to think long term about this amendment and its
ramifications, and to really consider the Alcohol Farm Products Working Group proposal
before moving forward on any amendment.
Let's not rush the land simply to meet a December legislative deadline.
Thank you for your time.
Eric Sepenoski
RECEIVES
D n�
Mr. Michael Sepenoski DEC ; 5 20111
109 Warren St Apt 11
Watertown Ma 02472
December 05, 2017 Southold Town Clerk
To the members of the zoning board, an open letter from a hopeful future 4th generation farmer.
I write this letter to you sitting in my cramped Massachusetts apartment. I came to Boston for school, and
ended up staying for a job, while repaying student loan debt. I've been told by town officials and local
leaders during my BSA eagle scout ceremony that I should get an education and bring that knowledge
back to the town I grew up in. My hope is that I can one day return to the North Fork, ready to start a
career in a place that I still call home. I would like that career to be in agriculture, but I am finding out that
this might not be a possibility if the purposed zoning regulations are in-acted.
The purposed changes to the Chapter 280 zoning regulations are to protect the quality of life enjoyed by
Southold Town residents while also promoting wineries and other agrotourism within the town. I do not
see how these changes will lead to anything but the,opposite.
The North Fork is known for its wines. If wineries are forced to produce and process with a regulated
percentage of their own harvest grapes they wouldn't be able to sell any wine, they would be out of
business. Many wineries on the North Fork rely on the ability to sell or trade grapes to stay in business.
This regulation would also make it impossible for wineries to recover in the event of a crop failure or other
unknown environmental catastrophe. This farming practice is a fundamental part of the business,
regulating a change would be a challenge to that practice.
The zoning regulation would likely also stifle innovation and homogenize North Fork wines. This
homogenization would lead to a decrease in the quality of wine which by default would lead to a decrease
in tourism to the North Fork. Without the added revenue of consistent tourism other areas of the North
Fork economy would also suffer, restaurants, hotels, and Main street shops would see a decline in
business, which would lead to a decline in the quality of life for locals that depend on that tourism to live.
What these regulations also don't take into consideration are the hopes of new farmers. My wife and I
have been considering moving back to the North Fork to continue my family's farming practice. The
purposed changes do not address any language regarding grandfathering in existing farms. By requiring
-10 acres of land be solely used towards making wine, you eliminate the option for farmers to utilize land
towards other agricultural investment. If we wanted to start a business making wine, these farming
,regulation changes would burden us with the inability to do so.
I understand that the regulations for wine making haven't been updated for decades. Since then a lot has
changed and I agree that the North Fork also needs to change. Have you taken any recommendations
from the Southold Town Alcohol Farm Products Working Group when crafting these zoning
regulations? The group is made up of knowledgeable members who would like to offer up useful
information to help inform code decisions. It would be valuable to hear the group's thoughts and take
them into consideration. I urge you to consider their ideas before casting new zoning regulations that
would fundamentally change one of the largest industries on the North Fork.
Sincerely
Michael Sepenoski
RECEIVED
December 7, 2017 DEC 5 2017
Elizabeth A. Neville Southold Town Clerk
Southold Town Clerk
53095 Route 25
Southold, NY 11971
RE: Southold Town Public Hearing December 5, 2017 via: hand delivery to Town Clerk Office
Dear Ms. Neville,
Please include the attached 7 page letter into the documents for the public hearing held on Dec. 5, 2017
and into the early morning hours of Dec. 6, 2017.As per our conversation at the close of the hearing, I
needed the time to type them for legibility. My statement and notes were hand written.
Thank you for your dedication to the residents of Southold Town.
Sincerely,
eMr
Kathryn Sepenoski
As a member of the Agricultural community I value the comments made by some of the Board to go
back to the drawing board and to craft a fair proposal based on input from all sectors of Agriculture. It
gives me hope that listening to some members of the Board expressing the strength we showed for each
other as a unified Agricultural community that a fair proposal for the whole community to comment on
in future is possible.
Unfortunately, Supervisor Russell then gave his closing comments. He chastised an individual (me)for
suggesting that fairness and equality were in question. (see video and transcript). (To my mind this is
just reinforcing intimidation of a community member who speaks for herself and questions the process.)
He also stated categorically that he would not budge on 10 acres.Again,very troubling to hear him
state. He spent the whole evening and early morning hours telling us he was will to modify and adapt to
what Agricultural needs may be individually.
Thank you to the Southold Town Board for listening and acting in the best interests of the community to
begin again with more insight to our industry interests for a stronger community in the future and
preserving what is so unique to our town.
Sincerely
inc
`'V % �v
Kathryn Sepenoski
Farmer
RECEIVED
7 DEC 5 2017
Southold Town Clerk
Southold Town Board - Letter Board Meeting of December 5, 2017
RESOLUTION 2017-1012 Item# 6.30
WITHDRAWN DOC ID: 13580
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-1012 WAS
WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 5, 2017:
WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 8t day of November, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations for
Wineries in Residential Districts" 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
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in
connection with Use Regulations for Wineries in Residential Districts" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,Zoning, in
connection with Use Regulations for Wineries in Residential Districts".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to wineries in
order to better protect the quality of life enjoyed by Southold Town residents while at
the same time promoting wineries and other forms of Agritourism within the Town of
Southold.
II. Chapter 280 of the-Code of the Town of Southold is hereby amended as follows:
Chapter 280 Zoning Article III Agricultural-Conservation (A-C)District and Low-Density T
Residential R-80 R-120,R-200 and R-400 Districts
& 280-13. Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
Generated December 7, 2017 Page 50
Southold Town Board - Letter Board Meeting of December 5, 2017
A. Permitted uses.
(4) Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine is produced, processed and
sold. The wine shall be made from grapes of which at least
80% are grown on the premises or other land owned by the winery owner;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to the growing
of wine grapes d otheragrioultur-alp and which is owned by the
winery owner;
(c) The aforementioned 10 acres devoted to growing of grapes shall be in addition to any
land where structures are to be built and should not be included in calculations as to
whether the lot size conforms to the bulk schedule for the proposed use or uses on the
-parcel.
(d) The winery structures shall be set back a minimum of 100 feet from a major road; and
(e) The winery shall obtain site plan approval.
C. Accessory uses, limited to the following uses and subject to the conditions listed in§ 280-15
herein:
10 Wineries may have the following accessory uses:
(a) A have an aeeessery retail 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.
(b) In addition to wine made on the parcel 20% of the wine sold at a winery may be
from other Long Island wineries.
(c) Wineries may not have a commercial kitchen as an accessory use but may have a
noncommercial kitchen facility for private use by the employees.
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: WITHDRAWN [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:James Dinizio Jr, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell
ABSENT: Louisa P. Evans
Generated December 7, 2017 Page 51
To:The Honorable Members of The Town Board of Southold
From: Sam McCullough,Vineyard Manager,The Lenz Winery
Re: "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use Regulations
for Wineries in Residential Districts" RECEIVED
December 2, 2017 DEC - 4 2017
Southold Town Clerk
Dear Town Board Members,
Though I agree completely with the purpose of the proposed legislation, and the need for action, it is
clear that this action will do little to nothing to improve or protect the quality of life for the citizenry of
Southold Town.
The most obvious problem is traffic during the busiest agritourism period, fall weekends. This is the
direct result of one of the two major east-west routes on the north fork being effectively closed by east-
bound cars waiting to make left turns on the narrow,two lane Sound Avenue. The offending operations
are not even wineries.
There have certainly been incidences of serious problems related to noise and bad behaviors of winery
patrons. These should be addressed through laws related directly to the actual issues. Noise
regulations should be strictly enforced,with serious penalties. Trespassing and bad behaviors should be
handled through laws related to those issues. If new laws are needed,they should be established to
hold establishments responsible for the control of their patrons.
Controlling the source of fruit for winemaking does nothing to affect the needed changes. It will
probably move some farmland away from active cultivation. Many of the grapes grown in Southold
move between producers.
There is a definite need to protect the wellbeing of the residents of Southold but I urge you to do this
through laws that actually address the problems.
Please, on behalf of all the people and businesses involved in the wine industry in Southold, I urge you
to table this proposal now to allow for the development of a more comprehensive and effective law.
Sincerely,
Sam McCullough
RECEIVED
DEC - 5 2011
DATE: December 4,2017
TO: Southold Town Board Southold Town Clerk
FROM: Randy Wade
RE: Comments on Winery Regulations
Public benefit: Farmland and open space benefits everyone. Vineyards and farms offer the
most beloved North Fork qualities we value. Public funds have been well spent preserving
vistas of green beauty so that farmland does not become one house every 2 acres.
Established Values: Consensus that hamlet density and consolidating commercial within
hamlets will preserve North Fork character. Wine tasting rooms have become attractions with
traffic better suited to commercial hamlet zones. Winery traffic and parking needs space for a
parking and separation from other properties to allow for traffic to get into and out of the
properties.
Adjacent Uses: Commercial activities change the character of adjacent residential uses, and
because Southold did not adopt 10, 20 or 50 acre agricultural zoning, every farm can be cut into
2 acre housing lots. Lots under a certain size, perhaps 10 acres, do not have the area to buffer
their commercial uses from spilling over with noise and diminishing the quality of life of
neighboring residents.
Roads not Private Property: It is essential that when counting acreage the arbitrary placement
or town roads not affect the acreage total.
Tiniest Farms &Vineyards Good: Still, supporting micro vineyards should be a town goal.
Rather than contributing to development sprawl, arrangements can be made for farmers
markets within hamlets where the micro vineyards could sell their wines, they can join with
others in the expense of tasting rooms as has already happened, but spreading commercial
uses to small farms outside of hamlets does nor provide a public benefit and greatly diminishes
the benefits of all the farmlands that the town has gone to great efforts to preserve.
Oregon Example: Those with less than 15 acres have to obtain a conditional-use permit from
the county to open a tasting room and are limited to tastings by appointment only. For all
wineries, only 25 days of events can take place and events can total no more than 25% of on
site profits
Potential Problems: Connecticut had only a 25% local wine requirement with the rest filled out
by other areas including Chilean wine. They have a special label if 51% or more is local.
vision4me@me.com P.O. Box 5 Greenport, NY 11944
scow Ford
i� EAST END
December 5, 2017
Dear Southold Town Board:
Slow Food East End is a dynamic chapter of Slow Food USA, part of the international Slow Food
movement that promotes food that's good for us, good for our environment and good for the people who
grow, pick and prepare it.We are fortunate to be located in an area where Slow Food principles of"good,
clean, and fair food for all"are lived by our neighbors:farms, dairies,wineries, cheesemakers, artisanal
food producers, fishers, beekeepers, and more.Agriculture has long been and continues to be a unifying
feature of our community.
It is of great concern about the proposed zoning changes regarding wineries that legislation did not go
before the Ag-Advisory committee before being drafted. It is also of great concern that agricultural
entrepreneurs will be extremely limited in how they can gain a foot-hold in our thriving and ever changing
town.
This change to the code would make it very difficult, and prohibitive for:
Young farm businesses to walk before they run. Rather than having the option to start slowly,by
leasing a small piece of land with minimal investment risk, farmers will be forced to purchase a
minimum of ten acres. This single qualification alone would put a halt on new and growing farm
businesses, stripping away any opportunity to grow and add value to their neighborhood. In
short,small farms would continue to fade from the horizon.
Without the opportunity to lease land and forge a foundation, many young and beginning farmers who are
currently here would not exist in the capacity they do today, if at all. There are families who have been
living and working the land here for generations, but there is also a great renewed interest among young
and beginning farmers to create a life and build viable farm businesses. These new farmers need support
and flexibility from their local townships and governments, not barriers. Many of them cannot afford to
purchase land, but opt to lease land instead, especially in a region of the country where land prices are at
a premium, such as our North Fork.
To farm, whether one raises livestock, grows grapes, or harvests shellfish from the bay, is a difficult
livelihood.Yet the presence of these men and women in our day to day lives enriches our agricultural
community and heritage.Their enterprises create jobs for our sons and daughters, bring in tax revenue,
and add to the natural beauty of our home.
The farm community, of which Slow Food East End is a part, is united against this proposed legislation. In
order for us to provide"good, clean,fair food for all,"we choose to stand behind our agricultural families
and friends.
Respectfully submi d,
Abra Morawiec
Slow Food East End
Agricultural Community Outreach Committee Co-Chair
for the Board of Slow Food East End
PO BOX 283, EAST HAMPTON, NY 11937
SLOWFOODEASTEND.ORG
PECO- NIC LA�N'D TRUST
#-EC 5 20 '
Southold Town Clerk
December 5, 2017
Supervisor Scott Russell
Town of Southold
53095 Route 25
Southold, NY 11971
Re: A local law in relation to Amendments to Chapter 280, Zoning, in connection
with Use Regulations for Wineries in Residential Districts
Dear Supervisor Russell and members of the Town Board,
It is very clear that there are legitimate concerns on the part of the Town Board,
residents, and the agricultural community that need to be addressed. Given the
importance of this issue to the future of our community and the ag industry, we request
that this public hearing remain open to keep the dialogue open.
It is our hope that a collaborative process can be put in place to find a win/win
solution. The Peconic Land Trust is here to help and we are available to serve on a
working group with the Town, growers and residents at the table so that a mutually
beneficial resolution to everyone's issues can be reached in the corning months.
Thank you for your consideration.
Sincerely,
John v.H. Halsey
President
296 Hampton Road I Southampton, NY 11969 1 Phone:;631.283.3195 I Fax: 631.204.0711
www,PeconicLand'Trust.org
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 15th day of November , 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.
PH 12/5 7:31 pm—Local Law regarding Wineries
6$zabeth
A. eville
uthold Town Clerk
Sworn before me this 15th
day of November , X017
otary Public
LYNDA M RUDDER
Notary Public, State of New York
No. 01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,20-0
- -i-�
{ 48 1 NOVEMBER 16,2017 SUFFOLKTIMES.COM
i LEGAL NOTICE Affordable Housing" time they take possession.The eligible appli-
LEGALS continued from NOTICE OF FORMATION,Avenue E BE IT ENACTED by the Town Board of cants must be registered in the Town ofSouth- -
i
K Catering LLC the Town of Southold as follows:- old Housing Registry, administered by the
LEGAL NOTICE Articles of Organization filed with Secretary 'I. Purpose. Government Liaison Officer prior to the com-
holdings within 90 days uf the cuntractexecu-
trull With the pup --y-day
f NOTICE OF PUBLIC HEARING of New York(SSNY)on September 1,2017 To amend Chapter 280 to increase options for mencement of any tenancy.
t WHEREAS,there has been presented to Office location.Suffolk affordable housing within the Town of South- b Converted space shall be limited to a
puriod may be extended by 1UNUILIdUll of die
r the Town Board of the Town of Southold, t
SSNY designated for service of process old and to increase regulatory compliance and maximum of six(6)moderate income rest- "
Suffolk County,New York,on the 8th day of SSNY shall mail copies of any process serve-d grant funding availability for the same dential rental units.
nut exceed 80%of the h-dD niudian mcame
November, 2017, a Local Law entitled "A against the LLC to C/O.Avenue E Catering H. Chapter 280 of the Code of the Town of c.As a condition of the granting of a special
Local Law in relation to Amendments to LLC,165 Red Fawn Rd.Southold;NY 11971 Southold'is hereby amended by adding the exception by the Zoning Board of Appeals, -
Chapter 280,Zoning,in connection with 2131000 underlined.words and removing die-struck property owners must convert said applied for chased
Use Regulations for Wineries in Resid_en- items as follows: space to residential use within six(6)months, -
tial Districts"now,therefore,be it LEGAL NOTICE §280-13 Use regulations. rent the units at-a rate at or below the maxi-
itics whom the head uf huabutiuld is age 55 UL
in the
RESOLVED that the Town Board of the Notice of formation of 14 COVE,LLC Arts. [Amended 3-14-1989 by L.L No 3-19891 mum allowable monthly rent for affordable uvr7whutraveft
Town of Southold will hold a public hearing of Org.filed with the Sect'y of State of NY In A-C,R-80,R-120,R-200 and-R-400 Dis- housing units and maintain the excepted resi-
''on the aforesaid Local Law-at the Southold
,(SSNY) on 8/29/2017 Office location, tracts,no building or premises shall be used dermal onus as affordable residential housing
Town Hall,53095 Main Road,Southold,New
County,of Suffolk. SSNY,has,been desig- and no building or part of a building shall be 'for a minimum period of eight(8)years from
York,on the 5th day of December,2017 at nated as agent of the LLC upon whom process erected or altered which is arranged,intended the date of granting-
7:31 p.m.at which time all interested persons against it may be served. SSNY shall mail or designed to be,used,in whole or in part,for ' d. All converted affordable residential
will be given an'opportunity'to be heard. ' process to-The LLC; 870 United Nations any uses except the following. housing shall be,subiect to all Town and
puriad may be extruded by R�hUhItIULL Of the
The proposed Local Law entitled,"A Lo- plaza,-Apt 15B,NY NY 10017 Purpose:any B Uses permitted by special exception -County building code and septic '
cal Law in relation-to Amendments to lawful act by the Board of Appeals.The following uses specifications. --
Chapter 280 Zoning in connection with 2132230' are permitted as special exception by the e. All converted affordable residential arid not wofth.way iiu _
'Use Regulations for Wineries in Residen- Board of Appeals, as hereinafter provided, housing must have at least one parking space be-par-
tial Distiets'P reads as follows I I I
'LEGAL NOTICE and,except for the uses set forth in Subsec,- per unit` ��-' '
w LOCAL LAW NO.2017 Notice of formation of 6 CANAL ST.,LLC tions B(1),(13)and(14)hereof,are subject to f.The premises must be located within a
(5)hicumu-cligible individuals a
A'Local Law entitled,"A Local Law in Arts.of Org.filed with the Sect'y of State of site plan approval by the,Planning Board• designated hamlet locus(HALO)zone dres where the head yf huaguhuttl is age 55 Ul1
relation'to Amendments to Chapter 280, NY(SSNY)'on 10/18/2017,Office location; (17) -Conversion of existing space to C. Accessory uses,limited to the follow-
Zoning in connection with Use Reg- ,County of Suffolk. SSNY has been desig-' affordable residential housing. ing'
ulations for Wineries in Residential Dis- nated as agent of the LLC upon whom process a. Tenants shall be reserved to moderate- L11 Same as §' 280-13C of the
prior Lu the subqnssiou Of die apphcatlou
tricts"• against rt may be served. SSNY shall mail income individuals and families who do not 'Agricultural-Conservation District.
BE IT ENACTED by the Town Board of process to,c/o Thomas Tebbens,11,,800 Bur- have any ownership interest in any other- (2)Same as§280-13D of the A-C,R-80, _-
} in-
the Towri of Southold as follows: man Blvd.,Calverton,NY 11933.Purpose: residence or vacant lot.Tenants must work or R-120,R-200 and R-400 Districts -
I I Purpose. any lawful act reside in the Town of Southold at the time they § 280-30 General -regulations and
mn=1ay rLut exceed tO()% Of the, 11—
d _ To modify and clarify certain provision of the. 2142060 take possession.The eligible applicants must requirements. aludmit muvine for Suffbik Cu +
To"Code as it pertains to wineries in order wuith ruay nut exceed twicu the pace of the
'be registered in the Town of Southold Hous- A. The Town Board shall require the
to better protect the quality of life enjoyed by --LEGAL NOTICE ing Registry, administered--by the Govern- recording of covenants and restrictions that
{
Southold Town residents while at the same Notice of formation of PIE Ava LLC Arts.of ment Liaison Officer prior to the com- shall apply to all real property within the AHD X
'time-promoting wineries and other forms of Org. filed with the Sect'y of State of NY mencement of any tenancy. District.The covenants and restrictions shall
the HUD inedian
5 Agntounsm within the Town of Southold (SSNY) on 10/13/2017. Office location, b Converted space shall be limited to a contain terms and conditions as the Town '
UV-/0 ULF
H. Chapter 280 of the Code of the Town of 'County of Suffolk. SSNY has been desig- maximum of six (6)moderate mcome'resi- Board and Planning Board deem necessary to
I Southold is hereby amended as follows , natedas agent of the LLC upon whom process dential rental units. insure the property is used for purposes con- may not exceud tw-
_,
1) Chapter 280 Zoning Article III.Agricultural- against it may be served. SSNY shall mail c. As a condition of the granting of a special sistent with the purposes for which the AHD be purchased.
Conservation (A-C) District and' Low- process to:Law Offices of Jeffrey Fox,PLLC,'exception by the Zoning Board of Appeals, zoning classification was created;and they §280-38 Use regulations.
Density Residential R-80,R-120,R-200 and 66 Split Rock Rd.,Syosset,NY 11791-Pur- property owners must convert said applied for shall be subject to the approval of the Town In the Residential Office (RO)District, no
R-400 Districts pose:any lawful act space to residential use within six(6)months, Attorney.The covenants and restnctionsshall building or premises shalr•be used and no
§280-13.Use regulations - 2140840 - rent the units at a rate at or below the maxi- include the following: [Amended 5-3-2016 building or part of a building shall be erected ,
'In A-C,R-80,R-120,R-200 and R-400 Dis- mum allowable monthly rent for affordable by L L.No 4-20161 or altered which is arranged,intended or de-
tricts,no building or premises shall be used LEGAL NOTICE. housing units and maintain the excepted resi- C. Eligibility (non-age-restncted). In signed to be used,in whole or in part,for any l
and no building or part of a building shall be Notice of formation of THAYER WOODS dential units as affordable residential housing each AHD,the sale or lease of dwelling units uses except the following-
erected or altered which is arranged,intended 'HOME&STYLE,LLC.Arts.of Org.filed for a minimum period of eight(8)years from and unimproved lots shall be reserved for B Uses permitted by special exception t
or designed to be used,in whole or in part,for with SSNY on 11/1/17 Office Location Suf- the date of granting moderate-income families who do not have by the Board of Appeals.The following uses
any uses except the following: folk County. SSNY designated as agent of d. All- converted affordable residential any ownership interest in any other residence are permitted as a special exception by the
A.Permitted uses. LLC upon whom process against it may be housing shall be subtect to all Town and or vacant lot.The net worth of an applicant Board of Appeals as hereinafter provided and
= (4)Wineries which meet the following stan- served. SSNY shall mail process to: County building code and septic (individual or family)shall not exceed 23%of subject to site plan approval by the Planning
dards:, THAYER WOODS HOME&STYLE LLC, specifications. the purchase price of a home,sold pursuant to Board,provided that not-more.than one use-
(a) The winery shall be a place or premises 223 Johnson St,Centerport,NY.11721 C. All converted affordable residential flus section The eligible_applicants shalt must shall be allowed for each 40,000 square feet of
on winch wine is produced, processed and Purpose.any lawful purpose _ housing must have at least one parking space be gaped -lot area:
sold The wine shall be made from pnrnai'dy 2141380ep r unit. systertr-wift--be registered in the Town of (6)Conversion of existing space to afford
-
Long Wand grapes of which at least 80%are f The premises must be located within a Southold Housing Registry,administered by_able residential housing.
S grown on the premises or other land owned by LEGAL NOTICE - designated hamlet locus(HALO)zone the Government Liaison Officer widim ruck a Tenants shall be reserved to moderate-
the winery owner, NOTICE OF SALE D. Rental permit for accessory income individuals and families-who do not
(b) -The winery shall be on a parcel on which SUPREME COURT apartments.Notwithstanding any prior course have any ownership interest in any other resi-
at least 10 acres are devoted to the growing of SUFFOLK COUNTY of conduct or permission granted,no owner of , dente or vacant lot..Tenants must work or
wine grapes Wells Fargo Bank,National Association as property shall cause,permit,or allow the oc- reside in the Town of Southold at the time they t
y e eligible applicants must
purposes,and which is owned by the winery Trustee for Bear Steams Asset Backed ` "cupancy or use of an accessory apartment - take possession Th
be registered in the Town of Southold Hous-
owner, Securities I, LLC, Green Point Mortgage created pursuant to§280-13A(6)or§280- flies who havuJived
(c) The aforementioned 10 acres devoted to Funding Trust 2006-AR1,Mortgage Pass- 13B(13)without a valid rental permit issued ing Registry, admuustered by the Govern- =r
growing of grapes shall be in addition to any Through Certificates,Plaintiff against upon application to the Chief Building merit Liaison Officer prior to the com-
land where structures are to be built and Harold Bauer,et al Defendants Inspector[Added 6-15-2010 by L.L No. mencement of any tenancy.
should not be included in calculations as to Attorney for Plaintiff(s)Fein Such&Crane, 2-2010] Q The owner of an accessory - b. Converted space shall be limited to a
t r whether the lot size conforms to the bulkLLP 1400 Old Country Road,Suite C103, apartment in an accessory structure lawfully maximum of six(6)-m6derate income resi-
schedule'for the proposed use or uses on the Westbury,NY 11590 Attorney(s)for Plaintiff existing pursuant to§280-13B(13)shall,in dential rental units.
parcel• (s) addition to the information required in§280- c.As a condition of the granting of a special
The wine structures shall be set back a rovide a certification exception by the Zoning Board of Appeals;
(d)_ winery Pursuant to a Judgment of*Foreclosure and 13D(1)(a)through(f),p `'
rt said applied for
minimum of 100 feet from a major road;and' Sale Entered March 2,2017 1 will sell at- that. property owners must conve
(e) -The winery shall obtain site plan ap- Public Auction to the highest bidder at the- � The existing single-family space a residential use within six(6)months,
proval Southold-Town Hall,-Main Road,Southold, dwelling or the accessory apartment in the rent the units at a rate at or below the maxi- +
C.Accessory uses,limited to the following NY 11971 on December 13,2017 at 3:30 PM. accessory structure is occupied by the owner mum allowable monthly rent for affordable
subject to the conditions listed m§ housing units and marntaz
uses and subn the excepted resi-
J Premises as 190 Osseo Avenue, as the owner's principal residence.
280-15 herein: Southold, NY 11971. District 1000 Sec _b The other dwelling unit on the dential units as affordable residential housing
10 Winenes may have the following acces- 087.00 Block 03.00 Lot 020.000. All that—subject property is to be occupied by either a to retm'tr. for a mhimum period of eight(8)years from
{{ sory uses: certain plot,piece or parcel of hand,with the family member or a-residerit an individual the date of granting
1 (a) A tiavu-arr-accessury retail gift shop on buildings and improvements thereon erected, ,who is currently on the Southold Town D. Age-restricted (age 55 and over) d. All converted affordable -residential
41 the premises which may sell items accessory situate,lying and being in the Town of South- Affordable Housing Registry and eligible for dwelling units or unimproved lots.The sale or housing shall be subject to all Town and
to wine, such as corkscrews, wine glasses, old,Suffolk County,State of New York. 'placement lease of dwelling units and unimproved lots in County building code and septic j
` decanters,items for the storage and display of Approximate Amount of Judgment is Lel Rents charged to a tenant from the-an age-restricted community shall be reserved specifications
1 wine,books on winemaking and the region $522,876.80 plus interest and costs.Premises Affordable Housing Registry shall not exceed for age eligible moderate-income famites, e All converted affordable residential
and nonspecific items bearing the insignia of will be sold subject to provisions of filed the rent established by the Town Board an- registered n,dir,Town OfSuathuld Housing housing must have at least one parking space
the winery. - Judgment Index No 20179/2010. —ally pursuant to§280-30F of this Code. per uillt• .'
(b) In addition to wine made on the parcel, peter McGreevy,Esq.,Referee SPSJN118 The dwelling unit is in compliance -§280-41 Use regulations
200/d of the wine sold at a winery may be from 2141300 with all of the provisions of the Code of the - . In the LB District,no building or premises
S other Long Island wineries. Town of Southold,the laws and sanitary and 8-2008] shall be used and no building or part of a e
c Wineries may not have a commercial building shall be erected or altered which is
O y LEGAL NOTICE- housing regulations of the County of Suffolk g
kitchen as an accessory use but may have a NOTICE OF PUBLIC HEARING and the laws of the State of New York. flies where the head arranged,intended or designed to be used,in l
t noncommercial kitchen facility for pnvate WHEREAS,-there has been presented to §280-17 Use regulations. ever,Michavehadapinmay xesidencrindir whole or in part, for-any uses-except the
-use"by the employees. the Town Board of the Town of Southold, In an R-40 District,no building or premises following. 1
III. SEVERABILITY Suffolk County,New York,on the 8th day of shall be used and no building or part of a B_Uses permitted by special exception
If any clause,sentence,paragraph,section,or November, 2017, a Local Law entitled"A building shall be erected or altered which isquu,and do not uW by the Board of Appeals The following uses
} part of this Local Law shall be adjudged by Local Law in relation to Amendments to arranged,intended or designed to be used,in are permitted as a special exception by the
!1
'any court of competent jurisdiction to be in- Chapter 280 of the Town Code entitled whole or in part, for any uses-except the HUD medran nicuilie for 8 affolk euuntY Board of Appeals as hereinafter provided and
valid,the judgment shall not affect-the valid- `Zoning"'and it is following: are subject to site plan approval by the Plaii-
ity*of this law as a whole or any part thereof RESOLVED that the Town Board of the B. Uses permitted by special exception die airit to be purul ping Board.
G - t other than the part so decided to be unconsti- Town of Southold will hold a public hearing of the Board of Appeals The following uses - _ (5) Conversion of existing space to
{ tutional or invalid. on the aforesaid Local Law at Southold Town are pertmtted as a special exception by the dies where die head affordable residential housing
(
IV. 'EFFECTIVE DATEHall,53095 Main Road,Southold,New York, Board of Appeals, as hereinafter provided, a.Tenants shall be reserved to moderate-
This Local Law shall take effect immediately on the 5th day of December,2017 at 7:30 and subject to site plan approval by the Plan-' Thwu,uf Souttruld fura purlbd Uf at least flM income individuals and families who do not
upon filing,with the Secretary of State as p.m at which time all interested persons will ning Board: have any ownership interest in any other resi-
provided by law be given an opportunity to be heard. (3) Conversion of existing space to uun,and do nut ow dente or vacant lot..Tenants must work or
Dated:November 8,2017 The proposed Local Law entitled,"A Lo- affordable residential housing. reside in the Town of Southold at the time they
BY THE ORDER OF THE cal Law in relation to Amendments to a Tenants shall be reserved to take possession.The eligible applicants must
- SOUTHOLD TOWN BOARD Chapter 280 of the Town Code entitled moderate-mcome individuals and families be registered in the Town of
Elizabeth A.Neville Zoning"'reads as follows: who do not have any ownership interest in any the unit to be pruch Southold Housing Registry,administered by
Southold Town Clerk LOCAL LAW NO.2017 other residence or vacant lot.Tenants must - the Government Liaison Officer prior to the
2144450 A Local Law entitled,"A-Local Law in work or reside in the Town of Southold at the itics whext the head of hu.chutri is age 55 vi
relation to Amendments to Chapter Chap- • -• on
ter 280 Zoning, in connection with.thet ate,t p
,st;:.,ate.^a'�i ..;.�;� l.m+:d a�p t A a� �a..�•-...r/d,.1 r"�.� et t�.�._;,.���e.,�" e�+��'�a�a` v' �..,�1"`.g!..1 f'a�.•.i t S '-f
I #0002144450
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 11/16/2017
l
Principal Clerk
Sworn to before me this day of
&HRIA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No 01V06106050
Qualified in Suffolk County
My Commission @xplros Fobruary 28,2020
�1J `f
TYPESET: Mon Nov 13 15 27 21 EST 2017
to wine, such as corkscrews, wine glasses,
LEGAL NOTICE decanters,items for the storage and display of
NOTICE OF PUBLIC HEARING wine,books on winemaking and the region
WHEREAS,there has been presented to and nonspecific items bearing the insignia of
the Town Board of the Town of Southold, the winery
Suffolk County,New York,on the 8th day of (b) In addition to wine made on the parcel,
November, 2017, a Local Law entitled "A 20%of the wine sold at a winery may be from
Local Law in relation to Amendments to other Long Island wineries
Chapter 280,Zoning,in connection with (c) Wineries may not have a commercial
Use Regulations for Wineries in Residen- kitchen as an accessory use but may have a
tial Districts"now,therefore,be it noncommercial kitchen facility for private
RESOLVED that the Town Board of the use by the employees
Town of Southold will hold a public hearing HI. SEVERABILITY
on the aforesaid Local Law at the Southold If any clause,sentence,paragraph,section,or
Town Hall,53095 Main Road,Southold,New part of this Local Law shall be adjudged by
York,on the 5th day of December,2017 at any court of competent jurisdiction to be in-
7:31 p.m.at which time all interested persons valid,the judgment shall not affect the valid-
will be given an opportunity to be heard ity of this law as a whole or any part thereof
The proposed Local Law entitled,"A Lo- other than the part so decided to be unconsti-
cal Law in relation to Amendments to tutional or invalid
Chapter 280,Zoning,in connection with IV. EFFECTIVE DATE
Use Regulations for Wineries in Residen- This Local Law shall take effect immediately
tial Disticts"reads as follows upon filing with the Secretary of State as
LOCAL LAW NO.2017 provided by law,
A Local Law entitled,"A Local Law in Dated November 8,2017
relation to Amendments to Chapter 280, BY THE ORDER OF THE
Zoning in connection with Use Reg- SOUTHOLD TOWN BOARD
ulations for Wineries in Residential Dis- Elizabeth A Neville
tricts" Southold Town Clerk
BE IT ENACTED by the Town Board of 2144450
the Town of Southold as follows
I Purpose.
To modify and clarify certain provision of the
Town Code as it pertains to wineries in order
to better protect the quality of life enjoyed by
Southold Town residents while at the same
time promoting wineries and other forms of
Agritourism within the Town of Southold
H. Chapter 280 of the Code of the Town of
Southold is hereby amended as follows
Chapter 280 Zoning Article III Agricultural-
Conservation (A-C) District and Low-
Density Residential R-80,R-120,R-200 and
R-400 Districts
§280-13 Use regulations
In A-C,R-80,R-120,R-200 and R-400 Dis-
tricts,no building or premises shall be used
and no building or part of a building shall be
erected or altered which is arranged,intended
or designed to be used,in whole or in part,for
any uses except the following
A.Permitted uses
(4)Wineries which meet the following stan-
dards:
(a) The winery shall be a place or premises
on which wine is produced, processed and
sold The wine shall be made from primantly
t orifi fst�td grapes of which at least 80%are
grown on the premises or other land owned by
the winery owner,
(b) The winery shall be on a parcel on which
at least 10 acres are devoted to the growing of
wine grapes
purposes,and which is owned by the winery
owner,
(c) The aforementioned 10 acres devoted to
growing of grapes shall be in addition to any
land where structures are to be built and
should not be included in calculations as to
whether the lot size conforms to the bulk
schedule for the proposed use or uses on the
parcel
(d) The winery structures shall beset back a
minimum of 100 feet from a mayor road,and
(e) The winery shall obtain site plan ap-
proval
C Accessory uses,limited to the following
uses and subject to the conditions listed m§
280-15 herein
LLOLWmeries may have the following acces-
sory uses
(a) A have an kiLmossmy retail gift shop on
the premises which may sell items accessory
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 8t day of November, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chanter 280, Zoning, in connection with Use Regulations for
Wineries in Residential Districts" now, therefore,be it
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
5th day of December,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,
Zoning, in connection with Use Regulations for Wineries in Residential Disticts" reads as
follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in
connection with Use Regulations for Wineries in Residential Districts".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to wineries in
order to better protect the quality of life enjoyed by Southold Town residents while at
the same time promoting wineries and other forms of Agritourism within the Town of
Southold.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Chapter 280 Zoning Article III. Agricultural-Conservation(A-C) District and Low-Density
Residential R-80 R-120. R-200 and R-400 Districts
& 280-13. Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(4) Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine is produced, processed and
sold. The wine shall be made from primarily Tong island grapes of which at least
80% are grown on the premises or other land owned by the winery owner;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to therog_wing
of wine grapes vineyard or other agricultural ^ and which is owned by the
winery owner;
(c) The aforementioned 10 acres devoted to growing of grapes shall be in addition to any
land where structures are to be built and should not be included in calculations as to
whether the lot size conforms to the bulk schedule for the proposed use or uses on the
parcel.
(d) The winery structures shall be set back a minimum of 100 feet from a major road; and
(e) The winery shall obtain site plan approval.
C. Accessory uses, limited to the following uses and subject to the conditions listed in§ 280-15
herein:
10 Wineries may have the following accessory uses:
(a) A hm,e an aeeessorretail 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.
(b) In addition to wine made on the parcel 20% of the wine sold at a winery be
from other Long Island wineries.
(c) Wineries may not have a commercial kitchen as an accessory use but may have a
noncommercial kitchen facility for private use by the employees.
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: November 8, 2017 BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH IN THE NOVEMBER 116, 2017 EDITION OF THE SUFFOLK TIMES
AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN
CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971.
Southold Town Board - Letter Board Meeting of November 8, 2017
ggg h�gUffO(,CpGy� RESOLUTION 2017-950 Item# 5.34
a ADOPTED DOC ID: 13527
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-950 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 8,2017:
WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 8t day of November, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chanter 280, Zoning, in connection with Use Rellulations for
Wineries in Residential Districts" now, therefore,be it
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
51h day of December,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 Chanter 280,
Zoning, in connection with Use Regulations for Wineries in Residential Disticts" reads as
follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in
connection with Use Regulations for Wineries in Residential Districts".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To modify and clarify certain provision of the Town Code as it pertains to wineries in
order to better protect the quality of life enjoyed by Southold Town residents while at
the same time promoting wineries and other forms of Agritourism within the Town of
Southold.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
Chapter 280. Zoning Article III. Agricultural-Conservation (A-C) District and Low-Density
Residential R-80, R-120, R-200 and R-400 Districts
280-13. Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
Generated November 9, 2017 Page 66
Southold Town Board - Letter Board Meeting of November 8, 2017
A. Permitted uses.
(4) Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine is produced, processed and
sold. The wine shall be made from primarily Long island grapes of which at least
80% are grown on the premises or other land owned by the winery owner;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to the growing
of wine grapes ara ^ other- ^ uit ral r p^ and which is owned by the
winery owner;
(c) The aforementioned 10 acres devoted to growing of grapes shall be in addition to any
land where structures are to be built and should not be included in calculations as to
whether the lot size conforms to the bulk schedule for the proposed use or uses on the
parcel.
(d) The winery structures shall be set back a minimum of 100 feet from a major road; and
(e) The winery shall obtain site plan approval.
C. Accessory uses, limited to the following uses and subject to the conditions listed in§ 280-15
herein:
10 Wineries may have the following accessory uses:
(a) A have an „ ^,-,retail 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.
(b) In addition to wine made on the parcel, 20% of the wine sold at a winery maybe
from other Long Island wineries.
(c) Wineries may not have a commercial kitchen as an accessory use but may have a
noncommercial kitchen facility for private use by the employees.
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. y"5r�r Jam; }j
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio; Evans, Russell
Generated November 9, 2017 Page 67
ELIZABETH A. NEVILLE, MMC off ®�
'Town Hall,53095 Main Road
TOWN CLERK �� y� P.O.Box 1179
Southold,New York 11971
cog
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
November 15, 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 December 5,2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the
Affordable Housing
7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use
Regulations for Wineries in Residential Districts
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Elizabeth A. Neville
Town Clerk
Attachments
cc: annm
Email:
1
o d s
��__ ��1��� 1� T _� T� e�''ei�Z�91�—'�'9•xm Rnarcl of A*
�`11�T21'f1A 1liTPIRabTR7}��r�;Yf(T nP1lAt'1'm Pn4
o r—
Date:
Signature, Received By
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
�I r
l
ELIZABETH A. NEVILLE,MMC O` EACt�,�G
Town Hall,53095 Main Road
TOWN CLERK �� y� P.O.Box 1179
Southold,New York 11971
Cos
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER �,�, ® 0�� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER '�0� �`� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 15, 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 December 5,2017 at the Southold Town Hall, 53095 Main Road,
Southold, NY:
7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the
Affordable Housing
7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use
Regulations for Wineries in Residential Districts
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: r Suffolk County Department of Planning Long Island State Park Commission
Email: 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
eve
Date:
ignature, Receiv d By
Title: `ief Rdtworer—
Please
print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A.NEVILLE,MMC � wa ro�-'°" �� Town Hall,53095 Main Road
TOWN CLERK '. P.O.Box 1119
Southold NeW York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER SCS Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®� s �°4J www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 15,2017
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 December 5,2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:30 pm A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with the
Affordable Housing
7:31 pm A.Local Law in relation to Amendments to Chapter 280, 'Zoning, in connection with Use
)Regulations,for-Wineries,in Residential Districts
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank"you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton.
Southold Town PIanning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
�— Date:
Ileas
ore,Receive By
. r _ Title:
print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD'TOWN CLERK
ELIZABETH A.NEVILLE,MMC �� ® Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Va Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER PP Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
RECEIVED
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD NOV 2 7 2017
November 15,2017
Southold Town Clerk
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 December 5,2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:30 pm A Local Law in relation to Amendments to Chapter 280,Zoning,in connection with the
Affordable Housing
7:31 pm A Local Law in relation to Amendments to Chapter 280,Zoning,in connection with Use
Regulations for Wineries in Residential Districts
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you,
awo r
a
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: 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
U � Date:
Signature,Received By
�t-k- A , Title: yt
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
Town Hall,53095-Main'Road
, ELIZABETH A:NEVILLE,MMC ��e4 P;0.Box 1179 • "
TOWN CLERK , Southold,-New York 11971
REGISTRAR OF VITAL STATISTICS,, kv� .Fax(631)765-6145,
MARRIAGE OFFICER ,�i �� Telephone(631)765'=1800'
RECORDS MANAGEMENT OFFICER �, �, wwwsoutholdtownny.gov {
FREEDOM OF INFORMATION OFFICER
OFFICE'OT THE TOWN CLERK
TOWN OF SOUTHOLD
November 15,2017
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 December 5,2017 at the;Southold.Town I1a11,.53095 Main Road, .,
Southold,'NY-_
" 7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning,in connection with the :
Affordable_Housing }
7:31 pm A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with Use
Regulations for Wineries in Residential Districts
Please sign the bottom of this letter and email or fax Jt back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of PlaRpLng. Lonp,Island State Ptu•k Commission
Email: 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,Received By
CkcLe Title: kf tL- �Gvinu'1 d
�.
Please print name �pyc/►1' o� ��
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOI,D TOWN CLERK
1
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
November 15,2017
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 December 5,2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning,in connection with the
Affordable Housing
7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use
Regulations for Wineries in Residential Districts
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
d
Elizabeth A. Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long; Island State Park Commission
Email: 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,) eceive By
4 1
b54v--
Title: s 0
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOU`I HOLD TOWN CLERK
ELIZABETH A. NEVILLE, MMC �`'� , `V Y 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.soutlioldtownny.gov
FREEDOM OF INFORMAI'IQN OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 15, 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 DecembenS,2017 at the Southold Town Hall, 53095 Main Road,
Southold, NY:
7:30 pm A Local Law in relation to Anaendm'eChapter-280, Zoning, in connection with the
Affoa-dable llousing
7:31 pm A Local Law in rclation to Ani6ndhienf.4 to-C:hapter 280, Zoning, in connection with Use
Regulations foa',Wlnca'ics in Residential 1)istricts
Please sign the bottom of this letter'ind email or fux it ba'& to Ille'at ybUr earliest Convenience to confirm
receipt of this notice. ']'hank you.
Elizabeth A. Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning Longi, island Stale Park Commission
Email: Village of Greenport Town of Shelter Island
hown of Riverhead Town of Southampton
Southold 1'uwu 1'lannint;Boaid SOUthOld "I'own Trustees
Southold Town Assessors f Southold Town•13oard of Appeals
Southold Town I3uildi'ng Department I ;
00,
?),nkur�,
— - - i)ate:atRecc ve 3y
%7 Z Title:
Please print name /
DUPLICATE TO BE SIGAE14 AND RETURNED '1'O
SOU'141OLD TOWN C.IA,RIC
i
ELIZABETH A.NEVILLE,MMC � r Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICERr j. ��. Telephone(631)765.1800
RECORDS MANAGEMENT OFFICER ( `► www,southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 15, 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 December 5,2017 at the Southold Town Hall, 53095 Main road,
Southold,NY:
7:30 pm .A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the
Affordable Housing
7:31 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use
Regulations for Wineries in Residential Districts
Please sign the duplicate of this letter and returiz to me at your earliest convenience in the self-addressed
envelope. Thank you.
0"o
Elizabeth A.Neville
Town Cleric
Attachments
cc: Suffolk County Department of Planning Lona Island State Park..C_ommission
E-mail: 'Village of Greenport Town of Shelter Island
Town of Riverhead Town orSoutharrnpton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors - Southold Town Board of Appeals
Southold Town Building Department
j`
Date.
�
Signature, eceived By
Title: ' °`
t
Please print name
DUPLICATE T4 BE SIiGNED AND RETURNED TO
SOUTHOLD TO'W'N CLERK
T /T 'aevff TZL£TZ€T£9 allEdo SXN Dom' LZ:TT LT0F'TZ'AQN
11/15/2017 15:12 6317493436 S I TOWN CLERK PAGE 01
ELIZABETTIA.-NEVILLE, MMC Town Hall,53095 Main Road
TOWN,CLERIK. P.O.Box 1179
Southold,Ncw York 11971
REGISTRAR OF VITAL STATISTICS ', Fax(631)765-61145
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
November 15, 2017-
1
PLEASE'TAKE NOTICE that the Town Board of he ToA of Southold will hold a PUBLIC BEARING on
the proposed T,ocal Law listed below on;nccember 5,2017 •,at the Southold Town Hall, 53095 Main Road,
Southold, NX':
7:30 pm A Local Law in relation to Amendments to Chapter,280,,Zoning, in connection with the
Affordable Housing
7:31 pm A Local Law in relation fo Amendments to Chapter 280, Zoning, in connection with Use
Regulations for Wineries in Residential I)istricts
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Elizabeth A. Neville
'Town Clerk
Attachments
cc: Suff1 County I7cnartmnt ofPlanning Long Island State Park Commission
Ismail: 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, R eive- y
Plcase print n me `
DUPLICATE TO BE Sl(",NF,)) ANI) ItC;TUIZNI?1) 'I'0 RKEIVED
SOUTI•IOLB 'TOWN CLJ!',RK
=0'J '017
Southold Town Clerk
11/1612017 14:30 6312835606 SOUTHAMPTON TOWN CLK PAGE 01101
Fe
IELIZARE'TR A.NEVIILLE,1V1 MC Town Fall,53095 Main Road
TOWN CLERK. F.O.Box 1179
Southold,New York 11971
REGISTIKAR.OF VITAL STATISTICS °a� Fax(631)765-6145 '
MARRIAGE OFFICER TelcFhone(631)765-1800
RECORDS MANAGI~MENT OFFICER !' ►'� www,southoldtownny.$0V
FMDOM OF `ORMATION OFFICER RECEIVED
i
OFFICE OF THE TOWN
CLERK NOV 1 I ;
TOWN OF SOUTROL)b
November 15,2017 Southold Town Clerk
PLEASE TATE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
=tile proposed Local Law listed below on December 5,20X7 at the Southold Town Mall, 53095 Main Road,
Southold,NY:
7:30 pm A Local Law in relation to Amendments to Chapter 280,Zoning, in connection.witb t
Affordable Housing
t . .
7:31 lam A Local Law in gelation to Awendments to Chapter 230, Zoning, in connection ivith Use
Regulations for Wineries in Residential Districts
Please sign the bottom of this letter and email or fax it back to Xt'a,e at your earliest convenience to confirm
receipt of this noticc. Thank you.
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Departrl}ent of 1'lannin Longlsland State lark Cozxlxnission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton.
Southold Town Planning Board ; Southold gown Trustees
Southold Town Assessors Southold Town.Board of Appeals,
Southold Town Building Department
—�� Date: �L —
Signature,Deceived By
M0.
�U�
Ea
�c �
"ex mom .v-- T'itl� ' 44t-7 �C�l.✓al
Please print 4ie
DUPLICATE ICU 13E SIGNED AND RET1i31t}��I�����u�
SOUTHOLD TOWN 41.4 `1
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ELIZABETH A.NEVILLE,MMC A Town Hall 53095 Main Road
TOWN CLERK: ,r' .'; `" 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 CLEF
TOWN OF SOUTHOLD
November 15, 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 Deccniber,5,2017 at the Southold Town Hall, 53095 Main Road,
Southold,NY:
7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the
Affordable Housing
7:31 prn A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Use
Regulations for Wineries in Residential Districts
Please sign the bottom of this Ietter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
t4 6
Elizabeth A.Neville
Town Clerk
Attachments
cc: Suffolk County Department of Planning_ Long Island State Park Commission- r
Email: 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
Sig] 11.0; 1 cveived By
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DUPLICATE TO 13E SIGNED AND RETURNED TO
SOUTHOLJD TOWN CLERK
ELIZAIiI+:�"X A.NEVILLE,11�1VIC Town Hall,53095 Main Road
CLERK PO.Box 1179
TOWN CLE
Southold,Now York 11971
IiLQISTktAR Or VVITALSTATISTICS rax(631)765-6145
Tele {f�31
MARRIAGE OFFICER . �,`� Telephone )765-1800
RECORDS MANAGEMENT OFFICER ��,� �$e� www.RoutholdtQwnny.gov
FREEDOM aF INFORMATION OFFICER RECEIVED
OFFICE OF THE TOWN CLERK
TOWN OF SOUTiIOLD NOV 2 8 2011
November 15, 2017 Southold Town Clerk
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 Deccimber 5, 201_7, at the Southold Town Hall, 53095 Main Road;
Southold,NY:
7:30 pm A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the
Affordable Housing
"1;31 Pm A. Local Law in gelation to Amendments to Cbnpter 280, Zoning, in connection with Use
Regulations for Wineries in Residential Districts
Please sign the bottom of this .letter and email or fax it back to me at your earliest convenience to con,Crm
receipt of this notice. Thank you.
Elizabeth A. Neville
Towel Clerk
Attachments
cc: Suffolk CgLiLit;y UCAeartment.of�1 11Y1111 Long Islaiad Stale Park Commission
Email: Village of Greenport
Town v!'Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town.Trustees
Southold Town Assessors Southold Town Board of Appeals
Soutl old Town qui pepaarlcnt
.
Date- ,—
Si�;naturc, YZcccived
By
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DUX"LICATE TO HE SIGNED AND RETURNED TO
SOUTHOLID TOWN CLERK