Applicants for Threes Brewing in Cutchogue Express Fears of How Proposed Moratorium Could 'Halt' Progress

SOUTHOLD, NY — The idea of a proposed moratoriumon all new breweries, wineries and distilleries in Southold Town has Greg Doroski worried.

Doroski, head brewer and managing partner in Threes Brewing East, which has its retail location on Douglass Street in Brookyn and has plans for a new beer production facility on the corner of Cox Lane and Oregon Road in Cutchogue, came before the town board Tuesday night to express his concerns that a moratorium could bring his application, currently well in the pipeline, to a "screeching halt."

The application calls for the proposed construction of a 100' x 65', or 6,500 square foot, steel building for production — brewery, with no retail — office and storage, with 21 parking stalls on 0.96 acres in the town's light industrial zoning district in Cutchogue.

Southold Town Supervisor Scott Russell said he believed the discussion on a proposed moratorium was a bit premature; he'd meant to send his thoughts to the Long Island Wine Council and Long Island Farm Bureau for review, get their responses, and then discuss with the board. Russell also said he met with key staffers last week and brought it up at the town board work session for the first time Tuesday.

"It's a moving target right now," Russell said.

Russell echoed reasons why he believes a moratorium could be necessary, with clarity needed, and terms such as "winery," "brewery," "distillery" and "tasting room" defined in the town code.

He said what's needed is a long-term discussion to talk about what will unfold over the next 20 to 30 years in town.

Attorney Charles Cuddy, representing the Threes Brewing, said the application is at a "good position to get approval." A moratorium, he said, "hurts property use. It's not a casual thing, to have a moratorium."

Cuddy added that Threes Brewing was meant to be focused solely on manufacturing beer, with only three to four trucks per week. "It's hard to believe it would be part of any moratorium."

In addition, he said, putting the brakes on the project would be "completely adverse to what the town board does." The brewing facility would bring well-paying jobs to town, he said.

Mark Miller, owner of the Cutchogue Business Center, said the site already is home to businesses such as North Fork Potato Chips, Charissa and Backyard Brine Pickle Co. So far, he said, $100,000 has been spent on Threes Brewing's application, with about $1 million in equipment purchased. The business, he said, is poised to create eight new jobs that will pay well.

In addition, he said, while Russell had mentioned quality of life concerns such as traffic, limousines, and other issues, "None of them pertain to us. This is just a building where beer can be made."

"Instability and ambivalence is a deal killer."

His concern, Miller said, is that, "The door is wide open for existing applications to be pulled into the moratorium."

Just the perception of a moratorium could create "real concerns" for the new business, with many others in town possibly thinking they could now "slow walk this thing. Human nature is human nature," Miller said. "Instability and ambivalence is a deal killer."

He asked the board to "announce emphatically and immediately that anyone with an application in the pipeline as of Nov. 1 is exempt" from the moratorium.

Miller added that the applicants have "played by the rules all along" and that they've been commended by the planning board.

Of learning about a proposed moratorium at the current stage of planning, Miller said, "It is a classic example of moving the goal post in the fourth quarter. We should not be the by-catch of a widely cast moratorium net."

Russell said again that the concept was premature and that he'd brought into a public discussion to "dispel myths."

He added, "I understand you have an application. There will always ben an application pending." But, he added, the board had only just discussed the idea for the first time Tuesday and that no discussion would be enough to halt the application.

Jim Miller of the Cutchogue Business Center said it was "wrong and unfair to consider" a moratorium on a project so far along in the permitting process.

Councilman Bob Ghosio said he agreed and said he'd brought up the very issue of projects in the pipeline at the morning's work session.

"No one ever said we are going to try and stop these" applications, Russell said.

Doroski added that as long as the board was saying the moratorium would not affect their application, they were "satisfied."

"A discussion does not bring it to a screeching halt," Russell said.

Councilman Jim Dinizio, however, agreed that talk of a moratorium does have a "dampening affect" on a new application and new business. "I don't know what would make me vote for a moratorium," he said. "It's just not fair to anybody." He added that he did not like the idea of government micromanaging a new business.

Russell added that Threes Brewing's application was for manufacturing. "Jim says we're micromanaging. It's the opposite. We haven't done anything. New York State Ag & Markets has." Rather than have Ag & Markets telling the town what the definitions of new businesses should be in the code, the town should decide for itself what zoning is appropriate for those businesses, Russell believes. "If they're going to be here, where should they be and under what circumstances," he said.

When the board meets again in two weeks to discuss the issue, Russell said it could decide that applications in the pipeline currently will be exempt.

Jim Miller said he'd like to see parking and other issues handled individually and not globally.

"I vehemently disagree," Russell said, adding that the piecemeal approach is how the town had ended up with its current code. "It takes vision," he said.

Of handling issues with a one-by-one approach, the supervisor said, "That's not leadership. That's a cop out."

There are issues that need to be addressed, such as wineries sited in industrial zones, where the town says no retail is allowed, even though the state says there needs to be, Russell said.

Councilwoman Jill Doherty said she was not convinced a moratorium was necessary to address the current concerns.

Doroski said he believes traffic, for example, was not just a result of wineries, breweries and distilleries but also, of pumpkin farms and the lavender farm. Such issued need to be handled globally, he said, otherwise, "We run the risk of not finding legitimate and effective solutions."

Russell said there are myriad points to be addressed such as what the town wants to see in agricultural conservation zones, halo zones, and industrial zones.

"You have to consider cumulative impacts over time," Russell said.

Howard Dickerson, who grows grapes, said a moratorium could hurt small businesses or farmers who don't have the time to wait.

Russell said the discussion would continue at the town board level in two weeks.

The supervisor outlined his reasoning for a potential moratorium thoroughly at Tuesday's work session. For a full account of that meeting, click here.