On Twelve Conditions

LAKEWOOD – With 12 conditions in place, the Lakewood Village Board has approved a special-use permit for a used-car lot across from Wal-Mart.

On Monday, the board approved the permit after establishing criteria, which was agreed to by the applicant, Lawrence Spacciapolli. Spacciapolli operates Larry Spacc auto dealers. The third-generation family business, which has been in operation since 1956, has auto sales lots in Dunkirk and Westfield.

In November, the Village Board first denied a special-use permit application for the used-car lot. However, on Dec. 7, 8th Judicial District Supreme Court Justice James Dillon overturned the Lakewood Village Board’s decision to deny the permit.

Throughout the process of discussing the special-use permit, each board member said they had heard from several residents voicing their displeasure about the proposal for a car lot at the location. One concern dealt with safety because it is a busy intersection. Another question was whether it is the best spot for a car dealership, or if maybe the land would be better suited for a different business. Board members had suggested to Spacciapolli a better location for the used-car lot may be farther west on Fairmount Avenue where other car dealerships are located. According to the court transcript, Dillon states the board couldn’t deny the permit based on concerned residents.

The only guideline still to be determined is how many cars the lot will have. The board had suggested 39 spots for used cars. Spacciapolli’s attorney, John Gullo II, said the business would prefer 50 cars for sale on the lot. Both sides agreed the number of cars will be determined by how many vehicles can fit on the lot in 10 by 18 feet spots, with 20 feet between each row of cars.

”If we can fit 50, we would like to fit 50,” Gullo said.

The vote to allow the special-use permit was 3 to 1. Joe Troche voted against the permit. Mayor David Wordelmann and trustees Susan Drago and John Jablonski III approved the permit. Gale Denn was not in attendance.