The Supreme Court of the State of New York has upheld the decision of the Hempstead Town Board of Appeals in its denial for a cabaret at a Wantagh nightclub/restaurant.
Hempstead Town Supervisor Kate Murray called the town’s success in defending the board of appeals decision, “a victory for Wantagh and Seaford neighbors who have fought to preserve the residential character of their neighborhood and the suburban nature of their community.”
The nightclub’s owner, Green 2009, Inc., commonly referred to as Billy Dean’s, sought to have the Board of Appeal’s denial of its cabaret use overturned in Supreme Court for the nightclub at 3500 Sunrise Highway. However, in the court’s decision, Justice Antonio Brandveen stated, “the record shows the Town of Hempstead Board of Zoning Appeals reasonably considered all of the factors regarding the petitioner’s (Green 2009, Inc.) application for a special exception to use and weighed the petitioner’s interest against the interest of the locality and support its determination as required by law upon the considered presentations of the parties.”
In addition to upholding the Board of Appeal’s cabaret denial, the court also determined that the Board was within its rights in reopening, scheduling and publicly noticing a new hearing for both the cabaret permit as well as parking space variances sought by Green 2009, Inc.
“The Board of Appeals acted properly and professionally, listening to all of the evidence in its case prior to rendering a decision on the application of Green 2009, Inc.,” stated Murray. “I applaud the court on its decision . . . it was right on the law and right for the communities of Wantagh and Seaford.”