Avanti has been given more time.
While officials from the Village of Westbury and the Post Avenue night club argue over the club’s operating hours, the village has extended Avanti’s expiring special use permit.
With the club’s application up for renewal, village Mayor Peter Cavallaro said he adjourned last Thursday’s public hearing, given ongoing litigation.
The permit will continue on a monthly basis, Cavallaro said. “The permit remains valid until the hearing is reconvened, Cavallaro said Wednesday.
A State Supreme Court judge in August struck down a village restriction mandating Avanti close earlier on weekends. The board, in May, had imposed the restrictions after it decided not to act on its application when it came up for renewal a month earlier. Then, the mayor had cited noise complaints, calls to the police and an online ad the village claimed promoted a “swingers’ party.” The club was effectively shut down, until the permit was renewed in late May.
In his ruling, State Supreme Court Judge Norman Janowitz in Nassau County wrote that the village’s decision to limit the hours of operation was “improper and is not supported by substantial evidence.”
The mayor had disputed the claim, calling it “erroneous,” and “a bad decision.”
The village has filed a motion for leave of appeal.
Cavallaro said the board will give the night club 30 days notice before it reconvenes the hearing.