On Wednesday, when the East Hampton Town Planning Board holds a public hearing concerning site plan approval for Rita Cantina, a restaurant near Maidstone Park in Springs, the public may be a bit frustrated, because the hearing concerns only parking and the legalization of an existing fence.
At past hearings, neighbors have been less focused on the fence and more outspoken about the restaurant’s use of its small site for catering, a perceived violation of the town code. Rita Cantina is in a residential district and is hemmed in on all sides. Neighbors claim parked cars clog the streets. The restaurant has argued that the parking issues are not the result of its catering operations but have more to do with its popularity.
Town code requires one parking space for every three seats in a restaurant and one for each employee. Rita Cantina claims 76 seats and says six employees are working at any given moment, meaning 32 spots are needed just for the restaurant. However, there are also two residences on the constrained site, each of which requires two spots, meaning the restaurant needs 36 total parking spots. It has none.
As to the fencing, the restaurant has refused to remove a fence that was constructed without a permit because “the property has had a fence since the current owner purchased the property over 15 years ago,” said its lawyer, James Vlahadamis, in a letter to the planning board. “The applicant does not understand why the Planning Department is recommending the removal of the fence and therefore have left the fencing on the site plan for approval.”
In November, the zoning board of appeals agreed with Ann Glennon, then the town’s chief building inspector, that catering was not allowed at Rita Cantina, which could, however, continue to operate the restaurant and to use a residence that pre-exists the zoning laws. Rita Cantina immediately appealed the decision, but was recently granted an adjournment in Suffolk Supreme Court, giving it until yesterday to submit additional papers.
The court may either rule on the submission or request oral argument from lawyers for the restaurant and the town; no date has been set for either eventuality. Rita Cantina is set to reopen on May 5, and it seems unlikely that any decision about catering will be handed down by then, or by Wednesday’s public hearing. Meanwhile, the restaurant will have to abide by the Z.B.A. decision. As of April 12, when the planning board last met, Rita Cantina was still waiting for the Suffolk County Health Department to approve its septic plan.
