Westbury Village has agreed to let the Avanti nightclub stay open longer on weekends, settling a monthslong dispute between village officials and the Post Avenue venue.
The village board voted last week to renew the club's special use permit, allowing it to stay open until 4 a.m. on Thursdays, Fridays and Saturdays. At issue in renewing the permit were complaints about noise, police being called and allegations it advertised hosting a "swingers' party."
Avanti officials denied adult activity occurred in the club and said they were not responsible for any advertisements suggesting it did.
At public hearings, supporters of the nightclub defended it as reputable. Residents said they were concerned about the village's reputation at a time when a decadelong revitalization process was gaining traction. The Space at Westbury, a $10 million performance arts center and renovation of a blighted movie house, opened across the street from the club in September.
Avanti officials sought to renew its special use permit in April. The village did not act immediately, which effectively closed the club for a month until the board issued a permit in May with restrictions including a 2 a.m. closing time on Thursdays, Fridays and Saturdays.
The May restrictions remain in effect, including prohibiting promotion or advertisement of club events that would violate the permit, such as any adult sexual activities.
"We're satisfied with the last six months or so," Mayor Peter Cavallaro said.
Anthony Capetola, attorney for Avanti, said management at the club is "happy the village granted them the license."
Nassau County State Supreme Court Judge Norman Janowitz in August ruled the condition limiting weekend use to 2 a.m. was "not supported by substantial evidence," calling it "arbitrary and capricious."
The village planned an appeal, which it has now agreed to drop. Avanti officials agreed not to sue for damages related to its temporary closure.
Nick Martone, 68, who lives behind the nightclub, had lobbied the mayor for restrictions. He said Tuesday that the situation had improved since the spring hearings.
"It's a little bit more quiet," Martone said, but he added he was concerned restoring the 4 a.m. closure time will cause more late-night noise. The club closes at 1 a.m. Sundays through Wednesdays.
Cavallaro said as part of the settlement the village can impose stricter hours if necessary, but the club can challenge that in court.
"With intensified use of the theater, it's important for us to be clear what we expect of those who are coming to do business in the village," the mayor said. "We welcome them, but we expect them to abide by the law and respect our neighbors."