Potential parcels for resorts, map provided by David Wortman of VHB Engineering to Annmarie Prudenti and Dawn Thomas on January23, 2023
Site plans provided by Eric Russo, attorney for the Developer, Alfred Weissman Real Estate in Harrison, NY (Westchester County) to Assistant Town Attorney Annemarie Prudenti February 28, 2023
§301-240 (B) Agri-tourism Inn & Resort. 1. The use of
land for Agri-tourism Inn & Resort shall require a special permit issued by
the Town Board and shall meet the following minimum standards and adhere to the
restrictions and provisions set forth below: 2. The use of land for
Agri-tourism Inn and Resort shall require a minimum lot size of 100 aces,
either held in single ownership or assemblage of contiguous lots with one or
more common property boundaries held in single ownership of no less than 100
acres, located within and limited to the RA-80 Zoning District. 3. The use of
land for Agri-tourism Inn and Resort shall restrict development as described in
§ 301-240 (B) (6) below on no greater than 30% of the property and a minimum of
70% of the property shall be preserved in perpetuity for agricultural
production by deed of development rights, conservation easement or offer for
dedication consistent with this provision and made part of the special permit
criteria set forth in this Chapter. The portion of the land restricting
development and preserved in perpetuity recited above, shall demonstrate
suitable agricultural soils for crop production. 4. The use of land for
Agri-tourism Inn and Resort shall be limited to 150 guest units. To the extent
the lot size exceeds 100 acres, the use of land for Agri-tourism Inn and Resort
described in § 301-240 (B)(6) and (8) below, each additional acre of land shall
yield no greater than 1,200 square feet of floor area and no greater than an
additional 4000 square feet for agricultural structures or an additional 100
square feet for use as and for a farm stand, subject to § 301-240 (B) (10). 5.
The use of the land shall be configured in such a way to protect the Sound
Avenue Historic corridor and provide open space views of agriculture from all
external roadways. In addition, the use of land shall comply with Town Code
Chapter 219 and limit improvements related to access to the Long Island Sound
to one (1) single walkway/stairway with no greater than 10% disturbance of the bluff
area for such improvement. 6. The Agri-tourism Inn and Resort shall consist of
a building or buildings arranged or designed to be made available as overnight
accommodations for guests for a stay of no longer than a two-weeks deemed to be
the principal use or principal building(s) and a portion of land dedicated to
and in bona fide agricultural production. The following accessory uses shall be
permitted and shall be located within such principal building(s):
restaurant(s); conference room(s); library; indoor personal amenity
space/services i.e. salon or spa; and, recreation customarily associated with
inns and resorts for use by overnight guests only, to wit: gym and pool. In
addition, limited outdoor amenities may be permitted on that portion of the
9.9.b Packet Pg. 73 Attachment: 2024-04-01_Agritourism Inn Resort Part 3.
Supplementary Regulations_301-240 (003) with change per AMP 7-8-24 (2024-656 :
property arranged and designed for overnight accommodations and customarily
associated with inns and resorts, to wit: i.e. pool, tennis courts. Note, all
principal and accessory uses described herein above shall be located in
permanent structures and use of temporary or non-permanent structures are
strictly prohibited. Notwithstanding the above, the total number of restaurant
seating available shall not exceed two and one half times the number of guest
units. The restaurant shall not be advertised or used as a catering facility.
The hosting of parties or events shall be only made available to guests during
the time of stay at the Inn and Resort and a minimum of twenty percent (20%) of
the seating capacity shall remain open and available to all guests of the Inn
and Resort and the general public. 7. The deed of development rights,
conservation easement, or declaration of covenants shall include or be amended
to include a restriction that the lands restricting development and preserved
for agricultural production shall be preserved for agricultural production and
the agricultural use/production shall be limited to agricultural uses defined
in New York State Agricultural andMarkets Law Article 25 AA and shall be
agricultural uses dependent on the use of agricultural soils. Notwithstanding
the above, no greater than 5% of the lot coverage for the portion of lands
dedicated to agricultural production may be for agricultural production that is
not dependent on use of agricultural soils provided said agricultural
production is located within traditional barn structures and suitably screened
from Sound Avenue Historic Corridor. Note, the owner may operate and manage the
agricultural production or enter into such lease/agreement or leases/agreements
with individuals/entities with experience and expertise in agricultural
production to operate and maintain the land in agricultural production. 8. The
deed of development rights, conservation easement or declaration of covenants
shall restrict or be amended to restrict the number/size/square footage,
dimensions and use of agricultural structures as follows: the total square
footage for agriculture structures on the lot or lot(s) comprising the
agricultural portion of the cluster development shall not exceed 300,000 square
feet; single story with a height no greater than 35’; and, agricultural
structures may not be used for retail, processing or manufacturing.
Agricultural structures used for agricultural worker housing supportive of the
on-farm agricultural production shall require application and compliance with
Town Code § 301-239. Notwithstanding the above, in addition to the agriculture
structures described above, a single farm stand, be it affixed, mobile or
without foundation, not to exceed 1500’ square feet shall be permitted for the
marketing and/or sale of on-site agricultural grown produce or Long Island
grown produce. 9. The deed of development rights, conservation easement or
declaration of covenants shall permit farms tours (including education
programs, workshops or demonstrations); harvest your own activities, crop maize
for hayride, hiking or horseback riding and other passive recreational use
related to or highlighting the lands in agricultural production however the
restrictions set forth above regarding the number/size/square footage,
dimensions and use of agricultural structures shall apply to the uses described
in this provision. In addition to the above and regardless of number of
attendees or spectators, with or without admission fee, private or held open to
the public, the use of land in agricultural production to host festivals, shows
or exhibitions, and, bazaars and outdoor shows must be related to the
agricultural production on site or regional/Long Island agricultural production
and shall require a permit pursuant to Chapter 255 limited to six per year. The
use of land 9.9.b Packet Pg. 74 Attachment: 2024-04-01_Agritourism Inn Resort
Part 3. Supplementary Regulations_301-240 (003) with change per AMP 7-8-24
(2024-656 : preserved for agricultural production shall not include catering
events i.e. weddings, birthday celebrations, and instead same are strictly prohibited.
10. The deed of development rights, conservation easement or declaration of
covenants shall restrict and prohibit the transfer of sanitary credits and
instead all its sanitary density shall be deemed extinguished and shall not be
deemed to apply to the development portion of the land. In addition, to the
extent the property is already impressed with a deed of development rights for
any portion of the property to be included in the 70% of the 100 acre property
restricted to agricultural production, there shall be no yield from such
preserved property nor transfer of development rights for such portion of the
property. 11. In addition to the conditions and restrictions set for above and
below, the governing Board shall require the applicant to covenant to construct
and maintain a wellsite or wellsites suitable and capable to satisfy the
water/irrigation needs for the lands in agricultural production. The
wellsite(s) shall be suitably screened from the Sound Avenue Historic Corridor.
12. The governing Board shall impose a monetary penalty of $1,000.00 per day
upon the owner of property for any period of time exceeding nine (9) months
that Agricultural production ceases on property. 13. The following dimensional
regulations shall apply for use of land within the RA-80 zoning district for
Agri-tourism Inn and Resort: (a) Minimum Lot area: 100 acres held in single
ownership or assemblage of contiguous lots with one or more common property
boundaries held in single ownership. Note, lot coverage shall be calculated on
only that portion of to be used for development and the agricultural portion of
the property may not be included for purposes of lot coverage. In addition, lot
coverage shall be calculated on the buildable area of the site. Wetlands,
slopes in excess of 15%, and cross-easements for roads, and other such areas
shall not be included for lot coverage. Notwithstanding redemption of
preservation credits set forth in 301-208, use of land within the RA-80 zoning
district for Agri-tourism Inn and Resort shall permit the use of preservation
credits to increase the development yield at a rate of an additional 1,200
square feet of floor area per preservation credit redeemed to a maximum 0.25
floor area ratio, not to exceed 150 guest rooms per project area. (b) Minimum
width at street: 200 feet. (c) Maximum Building Lot Coverage: 15% (d) Maximum
Building Lot Coverage with TDR: 25% (e) Maximum Impervious Surface: 35% (f)
Maximum floor area ratio: 0.15 in total for all buildings (excluding
agricultural buildings) (g) Maximum Floor area ratio with TDR: 0.25 for all
buildings (excluding agricultural building) (h) Minimum Front Yard Depth: 250
Feet* 9.9.b Packet Pg. 75 Attachment: 2024-04-01_Agritourism Inn Resort Part 3.
Supplementary Regulations_301-240 (003) with change per AMP 7-8-24 (2024-656 :
(i) Minimum Side Yard depth: 60 Feet (j) Minimum Combined Depth for two sides:
120 (k) Minimum Read Yard Depth: 500 Feet (l) Maximum Building Height: 35 Feet
(m) Buffer. A minimum buffer shall be provided at the side property lines of 50
feet in width. Such buffer shall maintain, to the maximum extent possible,
existing vegetation and natural features but shall be supplemented with native
vegetative species to provide adequate screening of the project area from
adjacent residential uses. No buffer need be provided adjacent to any open
space or conservation zone. (n) Parking. Required parking shall be not be
located within the front yard. No parking shall be located nearer than 50 feet
of the side property line. All service and unloading areas shall be screened
from view of streets by one or more of a combination of walls, fencing,
vegetation or berms. *Notwithstanding 301-240 B. 13 (h) Agricultural structures
with a maximum floor area of 5,000 square feet, as well as parking associated
with said agricultural structures, may be located within required front yard.
Can Ag Resorts on the Sound be Stopped?
By John McAuliff
On Tuesday evening August 20th, the Riverhead
Town Board will hold a public hearing that will shape the future of our
community and of our neighbors in Southold.
The topic will be new zoning north of Sound Avenue to permit luxury
beach resorts under the protective coloration of Agricultural Tourism.
The first target is farmland at
3994 Sound Avenue to the east of Willow Ponds condominiums. Advocates have suggested that up to six
parcels of RA-80 land north of Sound Avenue from Baiting Hollow to the
Southold-Riverhead town line are eligible for resort development, bringing as
many as 1000 rooms and the traffic to occupy and supply them. (See map here https://tinyurl.com/agresort )
The inn/resort development would be the principal use,
consisting of a building or buildings providing overnight accommodations for
guests for a stay of no longer than two weeks. Permitted accessory uses within
the building(s) would include restaurant, conference room(s), library; indoor
personal amenity space/services such as salon or spa, gym and pool. “Limited
outdoor amenities” for overnight guests “customarily associated with inns and
resorts,” such as pool and tennis courts would also be allowed in the
development site. Access to Long Island
Sound for guests will be provided by a single walkway/stairway with no greater
than 10% disturbance of the bluff area.
The only proponents of this plan visible so far are on the
Town Board and staff of the Planning and Legal Departments and Long
Island Farm Bureau Executive Director Rob Carpenter. Former Supervisor Yvette Aguiar was an
enthusiast, “let’s go be farmers for the weekend”.
Public reaction at Board meetings and in letters has been
overwhelmingly negative. Willow Ponds on
the Sound Homeowners Association President Bill Wandling, accompanied by a
dozen members, told the Town Board at its Dec. 19 meeting it is “a terrible
idea”. The response from the Supervisor
and Board members was patronizing and dismissive.
There is an EPCAL like tone in the official discourse that
demeans critics. Advocates claim to have
a mission to protect the agricultural land north of Sound Avenue by
encapsulating 70% of it in resorts on the premise that folks from outside will
pay for having a holiday or holding a conference embedded in local farming.
Skeptics who think this is just spin to ease entry of resorts
point to the history of the proposal:
1)
The first
public alert came from a story in the Riverhead Local by Alek Lewis on July 26,
2023. He reported that Alfred Weissman Real Estate (AWRE) in Harrison, NY
(Westchester County) had this on its web site:
“This extraordinary 105-acre site
on the North Fork Wine trail offers the potential to build a truly unique
campus beach resort experience. The property has a private beach with over 600
linear feet of coastline and a 70-acre organic farm, that will allow for the
offering of an organic farm to table experience. AWRE is looking to build a
5-star resort, taking advantage of the property's natural beauty, proximity to
NYC, the Hamptons and the North Fork wine trail. The property is located less
than 90 miles from NYC and 13 miles from Westhampton Beach.”
2)
Director
of Planning Dawn Thomas minimized the importance and defended the secrecy to
the reporter by describing it as “just a concept proposal.” She admitted that town officials had met with
the developer “at various times over the last two years”, justifying that “a
project like this wouldn’t put kids in the school district.”
Board member Rothwell is the primary advocate of the
project. He consistently tries to
deflect criticism of the resorts by saying it is premature, obscuring that each
decision-making step is essential to go on to the next. “People are jumping ahead to a project. First,
we’re just talking about zoning implications.”
Supervisor Hubbard is at one moment enthusiastic and at the
next critical, reminiscent of his evolving stance on EPCAL. This was reported from his remarks at a July
16 meeting with members of the Southold Town Board who oppose the resorts : “At this point in time, it’s still a
discussion,” Hubbard said. “And the farmers aren’t 100% on board with it for
various reasons. The people don’t seem to be on board with it. And then you
have to weigh the negatives versus the positives; right now I see a lot more negatives
than positives.”
Despite what they heard from their Southold counterparts and
previously from their own citizens, a few hours later the Riverhead Board
unanimously approved the rezoning resolution that is the subject of the August
20th hearing. (text here https://tinyurl.com/agresort
) When there was an uproar about construction of
a charter high school in the same area on the south side of Sound Avenue, the
Board lost enthusiasm for that project.
Can the same thing happen to the resort zoning?
In addition to the dubious logic that this is the best way
to save agricultural land, the old chestnuts for every development project of
generating tax revenue and jobs will be brought forth. They may even be true in the short term, but
that misses the point about what future we want for Riverhead. To see the impact of the inexorable path of
profit driven development, look west of us to the rapidly growing suburban
towns and east of us to the resorts along the Sound in Greenport. Is that what we want for Riverhead? If you can’t be there in person or by zoom,
write to Townclerk@townofriverheadny.gov
* Agri resorts were publicly "discussed" on December 13, 2023, although no attention was paid to the comments as summarized in the official report.
- 1. Zoning and Land Use
- Agrotourism Resort: Some residents expressed concern about the concept of
allowing for an agrotourism resort with the use of TDR credits. There was some
opposition to a hotel and spa that was proposed by a developer across from
Doctor’s Path on Sound Ave. Comments expressed desire to preserve this land as
open space.
- 5. Agricultural Lands Agrotourism:
- Strong feelings were expressed in regard to agrotourism. Participants
expressed that agrotourism is a commercial use, distinct from agriculture, has
higher impacts on infrastructure, and should be taxed higher and regulated
differently than farms. Regarding the definition of agrotourism, one commenter
said it is not wedding receptions and catering halls. Another commenter wrote
that “Farms” which accept income from tourist attractions, such as playgrounds,
mazes, rides, music, etc. should have a higher tax rate than a true farm.”
Concerns were raised about quality-of-life issues including noise, traffic,
safety. There was additional opposition to allowing agrotourism resorts, which
some commenters felt would compete with downtown hotels and existing inns and
disturb residential neighborhoods.
