Judge: Northport eatery can stay open

Over the objections of neighbors of The Whale's Tale restaurant, a Suffolk judge ruled Friday that the eatery could remain open while Northport officials consider its fate.

State Supreme Court Justice H. Patrick Leis III, at a hearing in Central Islip, denied a request by homeowners asking him to issue an injunction that would curtail the restaurant's operations.

The judge earlier in the hearing had said the restaurant appeared to be violating covenants that both restricted its services and forbade it from serving alcohol. But he later said state law did not allow him to act against the restaurant while the village Zoning Board of Appeals considers amending the covenants.

"I am basing my decision on the fact that there is a decision pending on the application," Leis said in court. "The damage that would happen to The Whale's Tale surmounts the damage that would be done to the homeowners."

Neighbors have complained about noise coming from the restaurant, which operates at the Brittania Yachting Center on Northport Harbor.

John Desiderio, who lives near The Whale's Tale, told Leis in court he was disappointed with the judge's decision.

"This is going to have a dramatic effect on our property values," Desiderio said.

The judge advised him to raise his concerns with the zoning board. "If you're looking for justice at this level, you might not find it," Leis said.

Neighbors challenged the restaurant, Brittania and Northport, saying the village had not enforced covenants, which were enacted more than 20 years ago and bar the sale of alcohol and restrict the Brittania to running a 20-seat snack bar. Through the years The Whale's Tale has grown to 84 seats, and it serves alcohol.

"They basically ignored the law -- blatantly ignored the law," said attorney E. Christian Murray, representing the homeowners. "It was supposed to be a snack bar. They turned the snack bar . . . into a full-fledged restaurant."

Attorneys for The Whale's Tale said it would go out of business if forced to follow the covenants.

"Essentially, 20 people are out of work. My client's business is shuttered," attorney Chris Modelewski said.

Attorneys for the village and Brittania argued that the zoning board is considering covenant modifications that would allow the restaurant to sell alcohol and reduce seating to 64 customers. A public hearing on the matter is scheduled for Wednesday.