Northport OKs restaurants in district

The Village of Northport has added restaurants to the list of permitted uses in its marine business district, paving the way for the Whale's Tale -- long a subject of ire from immediate neighbors -- to continue operating with restrictions.

The changes to the village code came Tuesday night after hours of public comment during three separate public hearings that stretched over two months. Village officials changed the law in an effort to balance the interests of neighbors with those of the Whale's Tale and the restaurant's landlord, the Britannia Yachting Center on Route 25A.

Under the new rules, the restaurant would have to apply to the village's board of zoning appeals for a special-use permit to continue to operate.

Outdoor music -- the subject of complaints from many residents of Milland Drive -- is prohibited, except after obtaining a permit for special events. Indoor music must stop by 8 p.m. on weekdays, and 9 p.m. on weekends or the days before holidays, and can only be played when all doors and windows are closed.

Village police are empowered to ticket the restaurant if violations occur. Noise violations carry a fine of $250 and the possibility of 15 days in jail, Mayor George Doll said.

Restaurant use is limited to 5 percent of the total retail space of a building, which effectively prohibits a second restaurant at Britannia, Doll said.

A last-minute change -- to explicitly state that people in the waiting area of the restaurant cannot be served alcoholic beverages -- was added to the legislation at Tuesday's meeting.

While some residents at the meeting continued to express concerns about music, parking and water quality in the adjacent harbor, Doll said he felt the code "addressed most people's concerns."

Trustees voted 4-0 to make the changes, with trustee Thomas Kehoe recusing himself, citing a conflict of interest. Kehoe's company sells seafood to the Whale's Tale.

The new code also expands the list of permitted uses in the marine business district, a zoning area that currently only includes the 17-acre Britannia site. Marine-related businesses, including boat sales, insurance, clothing, seafood sales and food provisions, are now allowed in the district.

"It's certainly good for the marina, it's good for the neighbors, and it's good for the restaurant owners," said Michael McCarthy, the Huntington lawyer representing Britannia.

Whale's Tale owner Sosh Andriano said he was gratified by the outcome.

"We'll go ahead and adapt accordingly," Andriano said. "We're happy to, more importantly, exist."