North Fork Food Truck Controversy Sparks Continued Debate

SOUTHOLD, NY — A crackdown on food trucks on the North Fork continued to incite anger among a group that turned at Southold Town Hall Tuesday to fire questions at the town board.

The group speaking said they were present to continue a discussion that commenced last week after recent warnings by Southold officials that a crackdown on food trucks was coming soon.

At last week's special town board meeting, when the issue of food trucks was raised — members of the wine industry voiced concerns over news that wineries with food trucks would be issued citations soon — Councilwoman Jill Doherty said the issue was not food trucks but instead, zoning, with food trucks, a retail use, not allowed on certain parcels zoned for agricultural or residential use.

On Tuesday night, Sal Dilberto of Dilberto Winery asked what law, specifically, prohibits the food trucks in agricultural conservation zones.

Southold Town Supervisor Scott Russell said town code prohibits retail in residential and agricultural conservation zones. Retail, he said, is not referenced in the code. "If it's not referenced as allowed, it's not allowed," the supervisor said.

Dilberto then asked about why wineries were allowed. Town Attorney Bill Duffy said wineries are specifically allowed to sell their product.

If a violation were issued, Dilberto asked what provision of law would be referenced; Duffy said retail is not a permitted use for that zoning.

Steve Bate, acting director of the Long Island Wine Council, said food trucks are "just another example of a gray area" of uses not permitted at wineries.

"I don't consider it a gray area," said Councilman Bob Ghosio. "I don't see this as a winery issue. It's a food truck issue." It would be up to the town board to create legislation to allow for the retail, he said. "I'm not quite sure where the debate is."

Wineries, Bate said, are obligated to serve food.

"It doesn't have to be transient," Ghosio said. "Why not just serve cheese and crackers?"

Bate said commercial kitchens are not allowed currently and said there is an ongoing discussion in Albany regarding a memorandum of understanding as it pertains to farm kitchens and processing.

The LIWC, he said, sent the board a draft proposal five years ago for its perusal. "My only point today is to relaunch that discussion. There are a lot of gray areas." And, Bate added, with food trucks a presence in town for eight to 10 years, he wondered why they'd suddenly become an issue. "Businesses are just trying to come up with ways to survive," he said.

Ghosio disagreed that food trucks have been on the town's landscape for eight to 10 years. "Either they were hidden, which says they knew they were operating against code, or I just don't get out enough. That's a spurious argument at best. I remember a hot dog ruck on the North Road and that was the extent of it."

Chris Baiz, chair of the town's agricultural advisory committee, pointed to a recent Harvard study on the "endemic issue of food trucks across the United States" and how several cities are dealing with issues that revolve around the subject.

The question centers on "what is retailing," he said. He described various scenarios, from guests buying food at a deli down the road and bringing it in, ordering it in the tasting room from a food truck outside, or calling for a delivery at the winery of food from another establishment.

"At what point does a tasting room become a bistro or a restaurant?" Ghosio asked. "Frankly, if they have to eat that much to offset the alcohol it's no longer a tasting room."

Baiz agreed that if a person needs a lobster roll, French fries and salad, "it's a meal."

Russell said the issue is the recent growth in the presence of food trucks across town, in areas where retail is not permitted. "This is a food truck issue, not a winery issue," Russell said. "This is not new. There's no new policy, no new code."

He added, in an email after the meeting: "This isn't new and isn't a 'sudden' decision. I raised the issue over a year ago at work session. I raised the issue again at the agricultural advisory committee on April 4 and told them I needed to on an upcoming agenda to discuss them. I told them then that food trucks are prohibited in the agricultural and residential zones. Steve Bate was there," he said.

Russell said he then went back to the committee's meeting on May 16 to discuss the issue at length and told the group then that the board was going to be reaching out to operators and businesses looking for compliance. "Steve Bate was there. I then met with representatives from the wine council and explained the conflict with the code. Anthony Sannino actually offered to help us get the word out. We made it clear that our first goal is to seek compliance. That is still our goal."

Councilman Jim Dinizio said commercial kitchens were not allowed, so restaurants didn't evolve at tasting rooms. "Food trucks put four wheels on a commercial kitchen. That's the crux of the problem," he said. "I don't think you really need a pizza to taste a three-ounce glass of wine."

Russell added, "It's simple. It's about food trucks operating in an agricultural or residential zone."

And, he said, with one food truck operating in a front yard on the North Road, in order to address that one instance, all had to be addressed. "We have to be consistent," Russell said.

Dinizio said he still wanted to find a solution. "It doesn't have to be no food trucks. We just have to figure this out so everyone is whole on this," he said.

Russell reminded that the code allows for food to be sold at wineries.

Kathryn Sepenoski said sometimes you have to change a business model to be successful and for agricultural parcels to stay viable.

Ghosio said, as a businessman, he supports evolving business models. "However, every business had to operate within the confines of the laws and zoning, that I have no control over."

"We feel we are a target," said Sepenoski, referencing the agricultural industry. "Agriculture is what's bringing tourism, home ownership, revitalizing the entire community," she said, adding that mortgages still need to be paid and a profit still needed.

"No one said, 'Don't be profitable,'" Ghosio said.

"Only if we stay with the original model," she added. "I'm mystified how we are supposed to stay viable."

"It's not about your business model, it's about the food trucks' business model," Russell said. "We're talking about retailing in a residential zone."

In an email after the meeting, Councilman Bill Ruland, the town board liaison to the town's agricultural advisory committee commented: "The biggest misconception of this issue is that it is just about wineries. The next steps are continued requests to all venues to not allow retail sale of food or other items in the R and AC zones. To my knowledge no citations have been issued. The code currently has provisions in it for food items in tasting rooms, it appears tasting room operators want something different than is allowed by the zoning code."

Tempers flared at Town Hall last week as winery representatives posed questions about the food truck issue.

Mike Falcetta, general manager of Sparkling Pointe Vineyard, said food trucks had been operating for years with no enforcement until now.

Ghosio said there had been hot dog trucks in past years; Ruland said those were allowed.

In an email after the meeting, Ruland said, "Complaints from local food establishments prompted the surveying" of food trucks. He reminded that the town attorney had said no citations have been issued so far.

"The current code does not allow retailing in the retail and agricultural conservation zones, so food trucks and other types of retail are not permitted. The next step in my mind would be a discussion with those involved to see if any solution to the issue is attainable," Ruland said, adding that he was not sure of the number of food trucks operating but that there were "several, for sure."

When asked how many food trucks have been surveyed, Southold Town Attorney Bill Duffy said the town has been "shorthanded" and not able to get to as many wineries as planned; the town, he said, has seen about six food trucks so far with about 15 to 20 around town in total.

Russell added: "It's irrelevant how many complaints we got. They are not allowed code regardless."

The supervisor also said, in an email after the meeting: "The claim that food trucks are essential as a safety issue so people can eat while they drink is disingenuous. Currently, most wineries prohibit people from bringing their own food in. If they are correct and the availability of food is critical to public safety then their policy prohibiting it is reckless."

The town decided to start surveying food trucks because of complaints, Duffy said. The town began issuing citations last year. "Now, it's the beginning of the season and we just wanted to see how big of a problem it is," he said.

Last year, the town cited 8 Hands Farm for not having an approved site plan, Duffy said. Macari Vineyards was also cited for their Avelino food truck, which also has no site plan, Duffy said.

The difference between the two businesses, Duffy said, was that 8 Hands sells food they've grown and processed on site while Macari's food truck "is a completely separate business from the winery." Both properties, he said, are in residential or agricultural conservation zones, where retail is not allowed.

"This is not about wineries," Duffy said. "If they're going to operate retail, they have to have the zoning."

Macari Vineyards did not immediately return a calls or written request for comment; 8 Hands Farm reps said they could not comment because the matter was the subject of litigation.

Falcetta asked what, exactly, the problem was that had led to the crackdown on food trucks. "There's no identifiable problem," he said.

"If it's not in the code, you don't get to do it," said Dinizio. He said business owners should outline what they needed and then, he and the board could discuss options and reach some compromise on both sides.

Falcetta said he respectfully disagreed, stating that he believed it would be easier for board to identity issues and concerns and then discuss them.

"What do I know about a food truck?" Dinizio asked. He agreed with Doherty and said the crux of the issue was retail in residential and agriculturally zoned areas. "I'm all for someone coming and explaining to me how this will be good for the town and then, we can make a law. You can't say to us, at least to me, that you want me to make a law to govern you when I know absolutely nothing about it."

Falcetta said again his goal was asking the town to identify issues and concerns.

Dinizio said the issue was trucks parked on residential property and selling food, a retail use.

"How do we solve that? I don't know. I'd love for them to make money. . .but we can't have it on every piece of residential property," Dinizio said.

Falcetta asked if the issue was food trucks or the matter of retail; Dinizio said it was a zoning issue.

"There's no end to people's entrepreneurialism," Ruland said, pointing out that someone recently wanted a "pocketbook truck," too. He added that the issue wasn't just about food trucks at wineries, specifically; the concern is food trucks on residential and agriculturally zoned parcels.

Some restaurant and deli owners have complained, Ruland said.

Falcetta asked the board to specify the problems voiced by the deli and restaurant owners, without naming them, "so we can come to a reasonable resolution."

Food trucks are a transient business, said Ghosio. "They can show up from out of town and compete against people who pay into the tax base here." He added that he liked food trucks but that they were usually found in urban areas, not small towns where they could undercut small local businesses.

Bate pointed out that some established businesses in town have gotten permits for food trucks. "It's an issue of permitted uses. All of a sudden wineries are being cited? People have made plans for the season."

Wineries, he added, are required to have food. "It's not sit down meals," he said. He agreed that out of town food trucks could, perhaps, be regulated by the town, with preference possibly given to local businesses with food trucks.

"We want an even playing field with brick and mortar businesses," Doherty said.

"Why this week?" Falcetta asked. "Was someone run over by a food truck? Did they get salmonella? What led to it?"

"It was a culmination of things," Ghosio said.

Doherty said the issue has been discussed for years; a few years back, the issue was raised about food trucks parking at local beaches.

Duffy reminded that the only violations were issued last year; no businesses have been cited yet this year. "We're just surveying what's out there."

Falcetta said in Los Angeles, when smog was identified as a problem, officials worked toward a solution; he added there has been no clear delineation of what the problem is.

"We're trying to be proactive," Doherty said.

Dinizio reminded that the first winery to serve food only offered cheese, crackers, "a small glass of wine and a guy with a guitar." Suddenly, he said, the issue escalated until egregious quality of life issues were reported at the now shuttered Vineyard 48.

Sepenoski said the wineries might have "preferred vendors" that they knew adhered to health and safety standards.

Duffy said the bottom line was that retail was not allowed.

Attorney Pat Moore disagreed, stating that wineries are not restaurants. "Food is ancillary."

Sepenoski said she'd asked Russell how many complaints the town had received. "They have the ability to disrupt business," she said.

One board member said there had been "in the area of six" complaints; another said "one."

Winemaker Anthony Sannino, owner of Sannino Vineyards and president of the Wine Council, said he'd been told the town board had made a decision to issue citations to wineries with food trucks. Doherty said the board had not made that decision.

Instead, Dinizio explained that new code enforcement officers have been hired and more is getting done and code enforced. Doherty said code is being enforced in all areas, including signage.

"Someone at the top decided food trucks were not allowed at wineries," Moore said.

Dinizio said he did not agree with Moore's interpretation. "If we get complaints, code enforcement handles it," he said.

Dinizio then said caterers could be used at wineries; business owners asked how that was different than allowing a food truck on a property.

He then asked why people weren't allowed to bring their own food to wineries; winery reps said it's a security issue.

Dilberto said the argument of public safety made no sense, as having no food would allow people to consume alcohol on empty stomachs, adversely impacting public safety.

"The time for cheese and crackers has passed," he said. "You're trying to cripple us. It feels like that."

"It is that," Sepenoski said.

Falcetta added, "There has been no input from the industry."

"We're all willing to work with you," Doherty said.

At least one food truck owner wanted to speak out on the possible crackdown.

Jason Tepper, owner of the Farm To Truck food truck, said he's based at Martha Clara Vineyards many weekends.

"Food trucks are one of the hottest things going around," Tepper, from Patchogue, said. But, he said, "It is pulling business away from restaurants. Food trucks are able to sell great, hot meals for a decent price, important in this economy."

Not only that, Tepper said, food trucks foster a friendly, family ambiance. "I'm cooking and talking, having conversations," he said.

Owning a food truck, he said, has benefits. "You can experiment. There are no boundaries when it comes to food." As a single father of two young girls, Tepper added that owning the food truck affords him flexibility in his schedule.

In Tepper's opinion: "Wineries should be able to do whatever they want. They're helping guests to consume food so they don't drive home drunk."

Patch photo by Lisa Finn.