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Court Upholds Zoning Board's Denial of Billy Dean's Wantagh Cabaret Application

Town of Hempstead is successful in defending North Bellmore strip club owner's appeal for his proposed Sunrise Highway establishment.

The Supreme Court of the State of New York has upheld the Town of Hempstead’s decision to reject North Bellmore strip club owner Billy Dean’s cabaret application for a proposed Wantagh nightclub/restaurant on Sunrise Highway.

Dean’s suit against the town argued that the Hempstead Board of Zoning Appeals should have never revoked its original June 2010 approval for cabaret usage on 3500 Sunrise Highway in Wantagh.

The zoning board decided last March to schedule a  of Dean’s application under the name Green 2009, Inc. due to vocal  that mounted against the development, as well as a belief that not enough people were notified of the original hearing date.

The suit also pointed out that the property has had cabaret usage for previously opened bars and restaurants going back to the late 60s.

Nassau County Supreme Court Justice Antonio Brandveen stated in his decision, “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 additional to upholding the Hempstead BZA’s cabaret denial, the court also determined that the zoning 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.

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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 court’s decision against Dean comes in the midst of community that mounted against him because of fears he would operate his Wantagh similar to  in North Bellmore, which is advertised on its website as "Long Island’s No. 1 strip club."

Billy Dean’s website provides a link with information that describes the planned Wantagh venue as one that will offer dinner entertainment with audience participation catering to bachelor, bachelorette and birthday parties. Dean  his planned establishment during a May 18, 2011 zoning board hearing as one that would feature “a Las Vegas style feel” with jugglers, knife throwers and dancers.

“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.,” Murray said. “I applaud the court on its decision ... It was right on the law and right for the communities of Wantagh and Seaford.”

Dean, a Commack resident, acquired the 3500 Sunrise Highway property on the corner of Oakland Avenue in 2009 for $950,000.

Dean's attorney William Cohn said he plans to appeal the court's ruling to the state's Appellate Division, a process that could take up to six months. 

"He has really been stigmatized," said Cohn of his client. "He did not do anything wrong because he was not given a chance to do anything wrong" 

Dean had planned to speak at a North Bellmore Civic Association meeting Monday night about his North Bellmore establishment's cabaret application but instead  Cohn attended the forum to address resident concerns. Wantagh residents who attended the North Bellmore meeting Monday expressed satisfaction on the court's ruling.

"It feels great," said Kathy Volz of the decision. "We have been working to stop it from coming for a year, passing out fliers and talking to the press."  

"The community is thrilled with the decision to keep strip club owners from opening an establishment near our children," said Kevin Milano, who organized numerous protest rallies in front of 3500 Sunrise Highway. 

Vinny Ciro May 16, 2012 at 12:06 AM
A great day for our community!
Vinny Ciro May 16, 2012 at 12:10 AM
Me, too! We could always use a really top notch restaurant.......without the strippers. It is a beautiful renovation. It would be a shame not to put it to good use.
Patrick May 16, 2012 at 11:04 AM
Dina, you have also taught you kids how to be lemmings. You have just told your kids to listen to whatever others say, and believe it. Solid parenting. Can't wait until one of them is told that the Iranian kid in their class is a terrorist, or the only thing the Latino kid will amount to is a landscaper. Glad you weren't my mother!! I was taught very early on to make my own decisions, not based on what others say, but based upon the facts that I uncovered. You might as well tell your kids to put down any answer on the next test, and when they fail, just tell the teacher that little Jimmy was told that those were the right answers, or just call the BOE and file a complaint against the teacher. These are the exact values that you have just told everyone you are instilling in your kids. If you are so worried about sex and drugs, throw out your computer and go protest the 2 head shops in your town. Dina, my candidate for Mother of the Year, if you want to be a follower. You have taught your children a valuable lesson, great job.
DiverDown May 16, 2012 at 12:25 PM
Uh... I believe that's probably going to be us. I'm betting Billy Dean sues the TOH to recover his costs after his permit was initially approved and his contractor started the job. As lovely as the new exterior of the building is, I'm afraid it's going to be sitting empty for quite some time.
Lorraine DeVita May 16, 2012 at 01:42 PM
Patrick, you personally attack a mother who is concerned about her kids and the moral environment, who NEVER said a negative thing about you, you attack with no thought to the fact that people a right to voice their opinion. I could understand and would even welcome a clear concise logical factual rebuttal without the personal attacks. These people are concerned about THEIR neighborhood there is nothing wrong with that. You want to show and voice your support for a business, there is nothing wrong with that either. and i know you are going to come back and attack me on this which is your perogative. but attacking people for their beliefs is way over the line .. say what you have to say without the personal attack and we can have a discussion not a character assasignation.
Vinny Ciro May 16, 2012 at 05:16 PM
That cracked me up, too.
Chris Wendt May 17, 2012 at 01:36 AM
Bob Dylan's song, "Like a Rolling Stone". You remember that refrain? "How does it feel...?" Patrick? But Roy Orbison's song may be more apropos: "It's OVER!" http://www.youtube.com/watch?v=hk3mAX5xdxo http://www.youtube.com/watch?v=LMc263klrMQ&feature=youtube_gdata
Patrick May 17, 2012 at 03:14 AM
It is far from over, Chris. Mr Dean will appeal to the appellate division of the NY Supreme court, and you and every taxpayer in the TOH will continue to pay for this rediculousness. Another irrefutable fact.
Patrick May 17, 2012 at 03:31 AM
Lorraine, why do you not chastize Dina for attacking Billy Dean's character? My response was directed at her, not you, but you feel the need to stick your nose in it anyway. What I said is 100% true. Not one person who is involved in this conversation, other than me,has any clue what the plans for the business are. And why? Because you all are lemmings. Following blindly behind a rube. I'll ask you again, have you done one iota of research, made one phone call, asked any questions of the proprietor as to his intentions? These are simple questions that deserve to be answered, by you and every other person who is opposed to this new business. I will await your response. I have a feeling I will be waiting a long time. Not one of the opponents has the guts to actually say that they have done nothing. Not one, ever. And by the way, what was so bad about what I said? Lorraine, you wouldn't know a logical factual response if it punched you in the face. I have been the only one from the beginning who has presented any factual information, but you wouldn't know that, you haven't read anything I have ever written. That is another fact.
Patrick May 17, 2012 at 11:13 AM
Here is a quote from a defense attorney who appeared before the Hon. Antonio I Brandveen. This is one of many, but I found this the most concise: "Pompous, disruptive, verbose, and stupid. This guy is the grand slam of terrible judging. Send him back to New York City and get a real judge to replace him. He screws defendants and then, in order to stop them from appealing his lousy decisions, he offers them a "get-out-of-jail-free card." Talks to hear himself talk, thinks he is a law professor constantly lecturing the attorneys who have the misfortune of appearing in front of him. This judge is completely out of his league when it comes to having a discussion about the law. Run from this guy if you can" This description of the judge seems to describe EVERYONE opposed to the new business. He fits in perfectly Now I know why he ruled as he did. This will inevitably be overturned.
Lorraine DeVita May 17, 2012 at 11:42 AM
Patrick, just how many appeals have over ruled this judge? thats the information you might want to look up- and as for quoting a defense attorney- how many LOVE the judges they have lost their cases to? also as for ONLY YOU knowing what Billy Deans plans were, why exactly is that? Are YOU BIlly Dean? and investor, his partner or his attorney? Becaseu truthfully unless you are one of the the above , NO body knows what this mans plan are or were no matter how much you think you are in the loop..
Paul and Peggy May 17, 2012 at 12:16 PM
Oh is that it?
Chris Wendt May 17, 2012 at 03:32 PM
I like how Roy Orbison end's that song, you know, "It's Over!" It repeats the daunting and haunting refrain, "It's over...it's over...it's over", which is a very difficult thing for many people to accept. But accept it they must, and then, move on with life. I think we beat this subject to death and suggest we all move on. I am so certain of this, that I am even willing to cede the "last word" to anyone who cannot bring himself or herself to accept the finality of the situation and embrace their own pain over it's being...over.
Patrick May 17, 2012 at 11:46 PM
Lorraine, who said anything about winning or losing a case, I just said it was a defense attorney who made the statement. many attorneys have favorable things to say about judges, because most are fair, well read, and understand the law, just ask them. Decisions are overturned all the time, don't you watch Law & Order? In my RESEARCH, I have found out that Bill Cohn, you know who he is, has had many rulings overturned through the appeal process. Fairly recently he appealed a ruling against a client he rep'd in a zoning case in Hempstead, and had the decision reversed through the appeal process in the appellate division of the State Supreme Court. It seems the original ruling in the courts was contrary to the applicable laws of the TOH. Guess who the presiding judge was that gave the original decision? You guessed it, the Hon. Antonio I Brandveen. Lorraine, don't bring a knife to a gun fight. As I have stated hundreds of times, I have no connection to this business,or can't you read. I am not Billy Dean, nor his partner, or an investor, and his attorney is Bill Cohn. As you can see, my name is Patrick. The only way you get information is to ask. I actually took the time to seek out the people involved in the business, and ask them what their plans are, did you? Now that I have answered your questions, how about giving me a few to mine. Probably not, you don't have the guts, just like the rest.
Patrick May 18, 2012 at 12:06 AM
Chris, an appeal is forthcoming, and this will be overturned in the appellate division. Contrary to your musical muse, you are wrong, while it will take months, it is nowhere near over. This is far from the last word in this situation, while you may not want to continue showing your compete ignorance of the situation, this will continue forward until this deplorable action has been corrected. Remember the commercial of old, "You can pay me now, or you can pay me later". The TOH is and will be doing both, with your tax dollars. You can bet on that. And the real treat will be that the business will open.
Steve May 18, 2012 at 03:47 AM
http://bellmore.patch.com/articles/billy-dean-s-lawyer-addresses-north-bellmore-residents-concerns#comments Is this the same owners who have their cabaret permit renewal hearing w/the Town of Hempstead on May 23rd for their North Bellmore Long Island's #1 Strip Club?
Paul and Peggy May 18, 2012 at 10:38 PM
It's sunny today!
Regina Gambino May 18, 2012 at 10:58 PM
Patrick lmao I'm a mother too and can see when someone is grasping at straws, let me tell you, you're surely trying aren't you, what you said about Dina is pathetic if you ask me, I suggest you stop before you make yourself anymore of a fool, if your name is really Patrick lol ;) If you do nothing else re-read what you wrote to her because it's beyond crazy/dumb! Regina
Regina Gambino May 18, 2012 at 11:05 PM
Thank God we won!!!! Now what would be even more awesome is if we can get Billy Deans in Bellmore to shut down since its within feet of a school, Billy Dean opened a can of worms onto himself and should have stayed silent since he was lucky he's had that place opened as long as he has! You hear that Patrick/Billy Dean were coming for Bellmores slut house next!!! Now that's what I'm talking about!!!!
Patrick May 19, 2012 at 03:41 AM
Regina, you are a fake just like the rest. LMAO. Are you Kevin Milano? Regina Gambino, very poetic. Why did it take you days to respond, regina gambino? Who told you to read this blog, Kevin Milano,Chris Wendt, Lorraine De Vita. No one asked you, by the way. you Cant Understand Normal Thinking, regina, that is a fact. Do you know anything about this case? If so, do tell. What I said about Dina is 100% true, if you feel it is pathetic, you fit in, as well, regina gambina falananana, borinigna.
Regina gambino May 19, 2012 at 03:56 AM
Patrick keep yapping tough guy...we're coming for your Bellmore Billy Deans next, then we'll see who gets the last laugh :) I hear some more doors clicking and closing!! ;)
Regina gambino May 19, 2012 at 04:03 AM
Steve, yes... were going that Bellmore facility next, it's an awesome day in Wantagh the sun is shinning God is awesome and the sun will shine again in Bellmore too :)
Regina gambino May 19, 2012 at 04:07 AM
Steve, That Bellmore Billy Deans is within feet of our childrens school play grounds, we won't give up until those doors are closed too for the sake of our children!
Regina gambino May 19, 2012 at 10:03 PM
Kevin I am not, ill be right there with every other town fighting against your nasty club, say what you want God always wins. Done here have better things to do like shut down that slut house in Bellmore were coming for that business too, talk all you want =)
Patrick May 19, 2012 at 11:22 PM
Not my club,by the way, said that hundreds of times, but you and your minions only listen to yourselves. Just like all the rest, make a statement and run for the hills. God hates you for trying to kill business that has nothing to do with you. I know, I just spoke to him. God actually said to me " I hate that Regina because she knows nothing about anything, and is trying to destroy something that has nothing to do with her" Pleasant guy, that God. Says he might smite someone tonight, I gave him a few suggestions. See you another time....hopefully.
Greg Anglen May 20, 2012 at 07:40 PM
Great News!!! Thanks for the story Patch!

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