Supervisor Scott Russell’s suggestion that the town may need a temporary moratorium on new wineries, breweries and distilleries did not get a warm reception in Southold Town Hall this week — from board members, business owners or developers.
Russell thinks a moratorium may be needed to give the town time to revise its code to better regulate those land uses, taking into account growth and evolution in those industries on the North Fork.
No other members of the Southold Town Board favored the idea when the supervisor brought it up at Tuesday’s work session, after it had been reported in the local press.
“To be candid, I think discussion came a little early,” Russell said. “I met with the ag advisory committee three weeks ago and with the L.I. Wine Council two weeks ago,” he explained.
Russell said he believes the town code needs to be looked at and updated to reflect current local land use trends as a result of the growing wine, beer and spirits industries.
For instance, he said, the terms winery and brewery are not defined in the town code. Also, the state agriculture and markets law requires wineries to sell their products at retail, while the town code governing land use in the agricultural-conservation district prohibits retail uses.
The board agreed Tuesday morning to discuss the matter at its Nov. 22 work session.
The owners of the Cutchogue Business Center and a partner in a brewery proposed for the site, which is located in the light-industrial zoning use district, complained about the prospect of a proposed moratorium.
Their attorney, Charles Cuddy said a moratorium is not favored as a means of land-use regulation. “It hurts property use. This is a one-acre site in the industrial area,” he said of the proposed brewery. “It’s not going to disrupt anybody. It’s out of the way. It’s hard to believe it would be of any concern.”
Russell said his suggestion had nothing to do with any pending application.
But Threes Brewing East partner Greg Doroski asked for the board to make clear that any moratorium would not affect pending applications because it would be a devastating setback to the brewing company’s plans, which are nearing approval by the planning board, he said.
His concern was echoed by Cutchogue Business Center principal Mark Miller.
“I could see this bringing everything to a screeching halt,” Miller said. Just the possibility of pending applications being caught up in a moratorium would cause a terrible blow to the project, he said.
“The entire direction of our development is based on supporting the commercial enterprises being spun off by the agricultural industry and the food and beverage industry on the North Fork,” Miller said, ticking off a list of businesses there, including Farm to Table, North Fork Potato Chip, Backyard Brine and Charissa Spice.
The supervisor’s concerns are “all legitimate,” Miller said, “but none of them apply to us. We have no retail sales, no tasting rooms.”
Miller said a moratorium would be “a classic example of moving the goal post in the fourth quarter. It would effectively kill a good project,” he said.
“We should not be the bycast of a widely cast moratorium net.”
Councilman Bob Ghosio assured the business owners’ concerns “will be well-considered by this board before we make any decisions.”
“Even a discussion of a moratorium has a dampening effect on anybody’s plans,” Councilman Jim Dinizio added.
“I don’t know what would make me vote for a moratorium,” he said. He believes the board is “trying to micromanage too much.”
Councilman William Ruland said he is “not a big proponent of moratoriums,” which he said “hurt people.” However, he said, he believes it’s time to talk about the issues raised by the supervisor.
Councilwoman Jill Doherty assented. “I’m not convinced that we do need a moratorium to do that,” she said.
Correction: The original post misstated the date of the town board’s next work session. It is Nov. 22 not Nov. 15.
