RSS 2.0 FeedSeptember 1, 2011, Wantagh Seaford Citizen
Billy Dean’s denied variance
Neighbors delight as appeal is planned.
NEIGHBORS CELEBRATE A VICTORY: Residents gathered across the street from the proposed Billy Dean’s on Sunrise Highway in Wantagh last Thursday after learning the Town of Hempstead’s Board of Appeals denied a cabaret license to the club. Town of Hempstead Supervisor Kate Murray, along with other town, county and state officials, pose with neighbors. “We are ready, willing and able to defend the board’s decision if challenged. We expect a victory. There will be no cabaret in this area,” said Supervisor Murray.
The Town of Hempstead’s zoning Board of Appeals last week denied the application of Green 2009, better known as Billy Dean’s, for a cabaret license at 3500 Sunrise Highway in Wantagh.
The application sought to open what it called a cabaret-style restaurant offering Las Vegas-style entertainment, but what residents believed was really a strip club.
“It’s wonderful; I’m very happy,” said Margaret Geis, a neighbor who lives on Corrall Path. “A neighbor called last evening to give me the good news.”
“This sends an important message beyond the communities of Wantagh and Seaford,” added Vinnie Ciro. “This is my community and as a grandpa with grandkids who live nearby, I don’t want a strip club in a residential area. Put it in a commercial area,” he said.
Many residents thought the establishment, which abuts a residential neighborhood, would be detrimental to its quality of life. In particular, neighbors believed that owner Billy Dean would skirt the law by providing adult entertainment, including provocative semi-nude dancing by sparsely dressed dancers and hot oil wrestling, something he does at the Billy Dean’s club he runs in North Bellmore.
At a press conference held across the street from the proposed cabaret on Sunrise Highway, Hempstead Town Supervisor Kate Murray called the board’s decision “a victory for Wantagh and Seaford neighbors.”
Hard-fought victory
But it was a hard-fought victory. Resident Kevin Milano spearheaded the effort to reopen the case after learning that Billy Dean’s had been granted a cabaret license by the BZA in June 2010. Residents spent months picketing, writing letters, distributing flyers and speaking at town hearings.
Public officials finally responded to the community’s concern and re-opened the case in May. More than 300 people showed up for a 12-plus hour hearing.The zoning board was also flooded with letters.
The opponents were represented by Nassau County Legislator David Denenberg, who Mr. Milano called “a friend and neighbor,” and attorney Chris Benes at the hearing.
Supervisor Murray, and town Councilpersons Angie Cullin and Gary Hudes, testified at the zoning board hearing, citing concerns about the incompatibility of the establishment with the neighborhood.
The town also passed a new public notice law on commercial zoning applications before the zoning Board of Appeals. This law increases notification from 100 feet to 300 feet.
“There is a second prong to this law,” stated Supervisor Murray. “If you are seeking a variance, you must put up a large sign on your commercial property stating what you are seeking and when the hearing will take place. This is unique to the Town of Hempstead.”
State and county officials also applauded the board’s decision, including Senator Charles Fuschillo, Assemblyman Dave McDonough, and county Legislator Dennis Dunne.
“The Board of Appeals heard compelling evidence and made the right decision based on the merits of the case,” said Supervisor Murray.
Mr. Denenberg, who was unavailable to attend the press conference, told The Citizen “The zoning board’s reconsidering and rejecting this variance for a strip club reflects the strength of a united community fighting to protect its quality of life, nature and character. I was proud to assist and will continue to assist.”
But most of all, many residents felt vindicated. “I can’t tell you how happy I am,” said Mr. Milano. “A wrong decision was finally made right.”
An appeal planned
William S. Cohn, a lawyer for Billy Dean, said in a prepared statement on Thursday that Mr. Dean is prepared to pursue all of his legal options to overturn the denial, and have the earlier approval reinstated.
But Mr. Milano is not worried. “I know he has no legal right to be issued a cabaret license at that location,” said Mr. Milano in an e-mail. “I have confidence in the town’s legal team to have this [zoning board] decision upheld.”
Supervisory Murray said 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.”
Mr. Cohen is confident as well. “We would seek a court order permitting us to start operation while the case is pending,” he said.
“Construction at the site will continue,” he concluded.
