Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board
February 12, 2018
At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a tidal wave of opposition to changes the Board was considering to the Town’s Zoning Code with respect to wineries. The proposed changes would have modified §280-13A(4) and §280-13C(10) of the Town Zoning Code. After a five-hour public hearing, the Town Board unanimously withdrew the proposal.
Opponents of the proposal used social media to get the word out about the public hearing, and Town Hall was packed with these folks on the hearing date. Perhaps the Town Board should have taken a cue from that and used social media, including the Town’s website, to explain in advance why they were proposing these changes, who would be affected, and encouraging residents who supported the proposal to attend the public hearing.
The proposed changes were aimed at five zoning districts; namely the Agricultural-Conservation District, Residential Low-Density District R-80, Residential Low-Density District R-120, Residential Low-Density District R-200, and Residential Low-Density District R-400. These proposed changes were not applicable to other zoning districts where wineries are also permitted, such as the Limited Business District.
The existing provisions of §280-13A set forth the permitted uses in these five zoning districts. Subsection 4 applies to wineries and lists the standards applicable to that use in these districts. These include: (a) the winery must “be a place or premises on which wine made from primarily Long Island grapes is produced and sold;” (b) the winery must “be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner;” (c) the winery structures are required to “be set back a minimum of 100 feet from a major road;” and (d) the winery needs to have site plan approval.
The proposed changes to §280-13A would have required: (a) that the wine be “produced, processed and sold” at the winery, which wine had to 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 must be on a parcel where a minimum of “10 acres are devoted to the growing of wine grapes” and which is owned by the winery owner;” and (c) the 10 acres devoted to growing grapes are in addition to land on which structures are located. No changes to the set back and site plan approval provisions were proposed.
The existing provisions of §280-13C set forth the accessory uses. Subsection 10 applies to wineries. That subsection states that a winery “may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery.” The subsection also states that a winery “may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees.”
The proposed changes to §280-13C(10) changed the “accessory gift shop” to a “retail gift shop” with the same limitation on the type of merchandise that could be offered. In addition, the proposed changes required that the wine be made on the parcel and permitted 20% of the wine sold at a winery to be from other Long Island wineries. No change was made to the kitchen limitations.
The packed house of opponents described the proposal as “anti-farming” or “overly restrictive.” Farmers who grow grapes for sale to wineries they do not own claimed that the proposal would put them out of business. Some opponents stated that the proposal would be the death-knell to new wineries, which would be unable to make any money while their vines matured over several growing seasons. Others were concerned that natural disasters could wipe out a portion of their crops, and that if they bought grapes elsewhere to replace their damaged crops, they would be in violation of the proposed changes.
The Town Supervisor indicated that the Town Board would go back to the drawing board and reconsider the proposal. Whether the Town Board can come up with a proposal that will not be met with similar opposition is uncertain.