RSS 2.0 FeedOctober 6, 2011, Wantagh Seaford Citizen
Billy Dean’s to file appeal on restaurant
Reason for appeal to be clear after filing.
Green 2009, better known as Billy Dean’s, has until October 12 to appeal the Town of Hempstead’s zoning Board of Appeals decision regarding a planned restaurant. Attorney William Cohn told The Citizen “we will be filing next week in [state] Supreme Court.”
Mr. Cohn did not provide any further information on the reason for the appeal but said more information would be available after October 12.
On September 13 the zoning board denied Green 2009 a cabaret license for its facility located at 3500 Sunrise Highway in Wantagh. However, the applicant was granted a parking permit, thereby allowing the facility to open as a restaurant.
The applicant wanted to provide “Las Vegas-style entertainment” at this facility, but many residents believe it would be a strip club, offering scantily dressed women and men. In May, more than 300 people showed up for a 12-plus hour hearing to voice their concerns about the facility, including the proposed cabaret license but also insufficient parking at the site.
Attorney Chris Benes of Gold, Stewart & Benes, who represented residents at the May BZA hearing, told The Citizen that if Billy Dean’s files an appeal, “we will take a look to see how we will proceed. Most likely the appeal will claim the town’s decision was arbitrary and capricious.”
Mr. Benes explained that Billy Dean’s would file an “Article 78. The town would be notified of the appeal, not us,” he said.
“If we decide to move forward, we would take a look at parking. We believe parking is insufficient,” said Mr. Benes.
Resident Kevin Milano, who has spearheaded the effort to keep Billy Dean’s from opening as a cabaret, wrote in an e-mail blast to cabaret opponents that residents would look to raise money to address the parking issue.
In June of 2010 Billy Dean’s was granted a cabaret license by the board but public outcry re-opened the case and set in motion the current decision to deny Billy Dean’s its cabaret license.
“We are prepared to pursue all legal options to overturn the denial and have the earlier approval reinstated,” said Mr. Cohn in a prepared statement provided to this newspaper in September.
But Town of Hempstead Supervisor Kate Murray said at a press conference in September that the town would defend its decision. “We are ready, willing and able and will use every resource available to defend this decision. We expect a victory,” she said.
