1. NY PML Sec 105 does not apply to Nassau OTB
2. NY PML Sec 105 is not constitutionally defensible
3 NY PML Sec 105 violates the rights of horse betting strippers secured by NY Const. Art. 1, Sec. 3
4. NY PML Sec 105 is vague, indefinite and/or overly broad.
More about the tortured history and WL Sunrise Associates and Larry Weinberger will be added to this posting later.
Vol. 49 May 27, 2011 - Print the May 27, 2011 Issue
RSS 2.0 FeedMay 27, 2011, Cover Stories, Wantagh Seaford Citizen
Neighbors tell BZA – No Billy Dean’s!
No cabaret wanted in their backyard.
A standing room only crowd attended the nine hour, May 18 hearing before the Town of Hempstead’s zoning Board of Appeals to hear arguments in the application of Green 2009 Inc, better known as Billy Dean’s. The application seeks to open what it calls a cabaret style restaurant offering Las Vegas style entertainment for the family at 3500 Sunrise Highway in Wantagh, abutting a residential neighborhood.
But residents believe the establishment will be a “strip club” and the owner will skirt the law which prohibits adult entertainment including nude dancing by providing scantily dressed dancers and hot oil wrestling, as he does at the Billy Dean’s club he runs in North Bellmore.
David Weiss, chairman of the zoning board, told residents the board was re-opening the case first heard in April of 2010 for the purpose of receiving greater input, reconsidering the adequacy of the conditions imposed and reconsider the appropriateness of the proposed cabaret use and parking variance.
In June of 2010 the board granted Green 2009 a special exception to use premises for public assembly and amusement (cabaret, live music, dancing and entertainment) and a variance in off-street parking because of insufficient stall size. The permits also stipulated there would be “no nude dancing.”
“We voted unanimously to re-open [the hearing] when the board learned certain activities that now are advertised [on Billy Dean’s website] were strictly prohibited [at this site] on June 2 [of 2010 when decision was rendered],” said Mr. Weiss. “Also the set of approved plans were not those used in your construction and a stop work order was issued by the building department. Then we heard from the public who are concerned.”
But attorney William Cohn, representing Green 2009 and its owner Billy Dean, countered that “you can’t make up the rules as you go along,” arguing that the board had already granted Mr. Dean the permits needed to open his business. “The board took action. Zoning is not a Gallup poll,” said Mr. Cohn referring to the public outrage at the proposed cabaret in Wantagh.
“Are you challenging our right to re-open a hearing? We do have that right and option under the law,” countered zoning board attorney Charles Kovitt pointing to case studies that permit the board to recall a hearing.
Mr. Cohn also presented case law that limited municipal powers. “You may regulate land use but you do not have the right to tell someone how to run their business,” said Mr. Cohn.
Residents waited hours to be heard while the attorneys argued over the rule of law. Each side claimed it needed to be thorough in presenting its arguments in case of a court action.
“This will be done in an orthodox way,” stated Mr. Kovitt. “Our decision is not be based on community reaction; it must be substantive. We don’t want to be on shaky ground if there is an Article 78 [appeal].”
Mr. Cohn also presented arguments stating that the board had repeatedly granted a cabaret license to this site going back to 1969.
“How is he [the applicant] to know he is limited to certain activities?” said Mr. Cohn, who added that his client bought the property in good faith after a thorough investigation of its uses and has invested over $100,000 plus the $950,000 purchasing price for the property and building.
“Your client presented one thing to us and online something else,” replied board member Katrina D’Amato. “Your argument isn’t strong.”
“He indicated his plan; he didn’t say it wouldn’t change. You [can] change programs as time goes on,” said Mr. Cohn.
Mr. Kovitt provided background information on the 1969 license. “It was granted to an existing tavern for use as a piano bar instead of a jukebox. It said ‘no go-go dancing.’ ” Mr. Kovitt added that in 1997 an amendment was added to the town code stating the specific use of cabaret.
“No matter how many times you parse words, the application seeks an adult cabaret license,” stated attorney Ronald Rosenberg, whose client WL Sunrise, owners of a shopping center, is one of the challengers of this application.
But Mr. Dean testified that this location was not like the North Bellmore location where he has female dancers and hot oil wrestling. “I am an entertainer. This will have a Las Vegas style show – dancers, jugglers, aerial acts.” He stated that he used his website as a way of cross marketing because those patrons who frequent his North Bellmore “might be interested in attending [the Wantagh location].”
Mr. Dean also said that “when we speak of family entertainment, we can leave the kids home. It’s sisters, brother, husbands and wives.”
But the public wasn’t buying it. “His testimony indicates what he intends to do. He is excluding minors. There is no good faith. He knew what he was doing. He figures he’d saddle the town with enforcing the law,” added Mr. Rosenberg.
Attorney Chris Benes, representing local residents said “in fact the two businesses are related.” He tried to call a witness, a man who had attended the North Bellmore club to discuss what went on inside but Mr. Weiss ruled that “North Bellmore is not Wantagh. Are you saying he violated his [North Bellmore] permit?”
“Yes.,” replied Mr. Benes. “He has testified and made certain representations.”
“So you are saying he will violate those conditions?” added Mr. Kovitt.
“You may not like what you think they will do. Why are you talking about an adult entertainment ordinance? He made a mistake on his website and will take it off,” said Mr. Cohn. “You can’t read someone’s mind; you can’t make a judgement before he starts; you can’t deny him.”
Aside from the issue of adult entertainment, Mr. Benes pointed to problems with the number of off-street parking spaces and the hazards of crossing Sunrise Highway in order to park a vehicle.
Eric Schneider of Schneider Engineering testified that there are less than 11 usable parking spaces on site, two hour parking on Sunrise Highway and no parking on Oakland Avenue. If the lot is full, cars would have to back out onto Sunrise Highway, making it a dangerous situation.
Testimony by Marty Sorrentino, a Wantagh Realtor, pointed to dangers of reduced property values in the area due to the presence of this cabaret.
Most of the testimony came from residents who expressed dismay and anger over the facility. Kevin Milano, who has spearheaded this effort, told the board “I have become a target. I put out flyers and they were ripped up and thrown on my property. Another morning I found cards thrown all over my lawn from a strip club in Morrristown, New Jersey,” he said. “This will be a strip club; the building has no windows.”
Michael Cucci said “as a school board trustee, I can say that many parents feel this would be detrimental. Children cross the street and pass this building every day to school.”
Christian Peterkin, who lives on Oakland Avenue, two houses behind the proposed club, said, “When this place has been a bar we’ve had problems – parking on the street and a number of encounters with disorderly customers that sometimes ended in my calling the police.”
But several local businesses testified in behalf of Mr. Dean, saying they would support a business there as along as it wasn’t a strip club.
Meanwhile town Supervisor Kate Murray, Councilmembers Angie Cullin and Gary Hudes, county Legislator David Denenberg, and Fred Parola of the Wantagh-Seaford Homeowners Association urged the board to deny the application. State Senator Charles Fuschillo and County Legislator Dennis Dunne both submitted a letter supporting residents.
Supervisor Murray said the Town Board is looking at expanding notification of construction and use variances for businesses to 300 feet. A hearing on this proposal will take place on June 21.
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But residents believe the establishment will be a “strip club” and the owner will skirt the law which prohibits adult entertainment including nude dancing by providing scantily dressed dancers and hot oil wrestling, as he does at the Billy Dean’s club he runs in North Bellmore.
David Weiss, chairman of the zoning board, told residents the board was re-opening the case first heard in April of 2010 for the purpose of receiving greater input, reconsidering the adequacy of the conditions imposed and reconsider the appropriateness of the proposed cabaret use and parking variance.
In June of 2010 the board granted Green 2009 a special exception to use premises for public assembly and amusement (cabaret, live music, dancing and entertainment) and a variance in off-street parking because of insufficient stall size. The permits also stipulated there would be “no nude dancing.”
“We voted unanimously to re-open [the hearing] when the board learned certain activities that now are advertised [on Billy Dean’s website] were strictly prohibited [at this site] on June 2 [of 2010 when decision was rendered],” said Mr. Weiss. “Also the set of approved plans were not those used in your construction and a stop work order was issued by the building department. Then we heard from the public who are concerned.”
But attorney William Cohn, representing Green 2009 and its owner Billy Dean, countered that “you can’t make up the rules as you go along,” arguing that the board had already granted Mr. Dean the permits needed to open his business. “The board took action. Zoning is not a Gallup poll,” said Mr. Cohn referring to the public outrage at the proposed cabaret in Wantagh.
“Are you challenging our right to re-open a hearing? We do have that right and option under the law,” countered zoning board attorney Charles Kovitt pointing to case studies that permit the board to recall a hearing.
Mr. Cohn also presented case law that limited municipal powers. “You may regulate land use but you do not have the right to tell someone how to run their business,” said Mr. Cohn.
Residents waited hours to be heard while the attorneys argued over the rule of law. Each side claimed it needed to be thorough in presenting its arguments in case of a court action.
“This will be done in an orthodox way,” stated Mr. Kovitt. “Our decision is not be based on community reaction; it must be substantive. We don’t want to be on shaky ground if there is an Article 78 [appeal].”
Mr. Cohn also presented arguments stating that the board had repeatedly granted a cabaret license to this site going back to 1969.
“How is he [the applicant] to know he is limited to certain activities?” said Mr. Cohn, who added that his client bought the property in good faith after a thorough investigation of its uses and has invested over $100,000 plus the $950,000 purchasing price for the property and building.
“Your client presented one thing to us and online something else,” replied board member Katrina D’Amato. “Your argument isn’t strong.”
“He indicated his plan; he didn’t say it wouldn’t change. You [can] change programs as time goes on,” said Mr. Cohn.
Mr. Kovitt provided background information on the 1969 license. “It was granted to an existing tavern for use as a piano bar instead of a jukebox. It said ‘no go-go dancing.’ ” Mr. Kovitt added that in 1997 an amendment was added to the town code stating the specific use of cabaret.
“No matter how many times you parse words, the application seeks an adult cabaret license,” stated attorney Ronald Rosenberg, whose client WL Sunrise, owners of a shopping center, is one of the challengers of this application.
But Mr. Dean testified that this location was not like the North Bellmore location where he has female dancers and hot oil wrestling. “I am an entertainer. This will have a Las Vegas style show – dancers, jugglers, aerial acts.” He stated that he used his website as a way of cross marketing because those patrons who frequent his North Bellmore “might be interested in attending [the Wantagh location].”
Mr. Dean also said that “when we speak of family entertainment, we can leave the kids home. It’s sisters, brother, husbands and wives.”
But the public wasn’t buying it. “His testimony indicates what he intends to do. He is excluding minors. There is no good faith. He knew what he was doing. He figures he’d saddle the town with enforcing the law,” added Mr. Rosenberg.
Attorney Chris Benes, representing local residents said “in fact the two businesses are related.” He tried to call a witness, a man who had attended the North Bellmore club to discuss what went on inside but Mr. Weiss ruled that “North Bellmore is not Wantagh. Are you saying he violated his [North Bellmore] permit?”
“Yes.,” replied Mr. Benes. “He has testified and made certain representations.”
“So you are saying he will violate those conditions?” added Mr. Kovitt.
“You may not like what you think they will do. Why are you talking about an adult entertainment ordinance? He made a mistake on his website and will take it off,” said Mr. Cohn. “You can’t read someone’s mind; you can’t make a judgement before he starts; you can’t deny him.”
Aside from the issue of adult entertainment, Mr. Benes pointed to problems with the number of off-street parking spaces and the hazards of crossing Sunrise Highway in order to park a vehicle.
Eric Schneider of Schneider Engineering testified that there are less than 11 usable parking spaces on site, two hour parking on Sunrise Highway and no parking on Oakland Avenue. If the lot is full, cars would have to back out onto Sunrise Highway, making it a dangerous situation.
Testimony by Marty Sorrentino, a Wantagh Realtor, pointed to dangers of reduced property values in the area due to the presence of this cabaret.
Most of the testimony came from residents who expressed dismay and anger over the facility. Kevin Milano, who has spearheaded this effort, told the board “I have become a target. I put out flyers and they were ripped up and thrown on my property. Another morning I found cards thrown all over my lawn from a strip club in Morrristown, New Jersey,” he said. “This will be a strip club; the building has no windows.”
Michael Cucci said “as a school board trustee, I can say that many parents feel this would be detrimental. Children cross the street and pass this building every day to school.”
Christian Peterkin, who lives on Oakland Avenue, two houses behind the proposed club, said, “When this place has been a bar we’ve had problems – parking on the street and a number of encounters with disorderly customers that sometimes ended in my calling the police.”
But several local businesses testified in behalf of Mr. Dean, saying they would support a business there as along as it wasn’t a strip club.
Meanwhile town Supervisor Kate Murray, Councilmembers Angie Cullin and Gary Hudes, county Legislator David Denenberg, and Fred Parola of the Wantagh-Seaford Homeowners Association urged the board to deny the application. State Senator Charles Fuschillo and County Legislator Dennis Dunne both submitted a letter supporting residents.
Supervisor Murray said the Town Board is looking at expanding notification of construction and use variances for businesses to 300 feet. A hearing on this proposal will take place on June 21.
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articles.nydailynews.com/.../18220335_1_racing-and-wagering-boar...Cached
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