Are certain permits designed to keep outsiders away?

Q: We own a portable hamburger and hot dog vending truck. Is a permit required to sell food from such a vehicle in the Town of Webb?

A: Yes, a permit is required for any type of vehicle or trailer that prepares or sells any type of food.

Q: Even if we stay on the public roads, a permit is required?

A: Yes, even along the public roads.

Q: Why? Public roads are public property, and don’t we have the right to be on public roads?

A: Of course you have the right to be on public roads. However, roads are for vehicular and pedestrian traffic. They are not for merchandising or the selling of any kind of product.

Q: What about along Route 28—those are not Town roads, so the Town can’t do anything about it right?

A: We do have jurisdiction for the portion of Route 28 that is in the Town, at least in as much as requiring a permit for the activity.

However, clearly the New York State Department of Transporta-tion (NYS DOT) also has jurisdiction. To be sure of what you can and cannot do along Route 28 you should call the NYS DOT.

Q: We also own a push cart that we sell hot dogs and ice cream from. Can we push it along the sidewalks—not in the road—and sell our stuff?

A: Again, the answer is the same. A permit is required from the Town.

Q: Okay, how do we get a permit?

A: Here in the Code Enforce-ment Office we have the applications. You will be applying for a Conditional Use Permit from the Town Planning Board.

Q: How long does it take?

A: It could take more than a month.

Q: You mean I can’t just walk in there, slap twenty-five bucks on the counter and walk out with a permit?

A: No, it’s not quite that easy. The Planning Board meets twice a month, the first and third Tuesday of every month.

Q: The third Tuesday is next week, can we to go to that meeting?

A: Of course you can, all Planning Board meetings are open, public meetings. But the board will not be able to render a decision at that meeting.

Q: Why not?

A: An application for a Conditional Use Permit requires the Planning Board to hold a “Public Hearing.” And all Public Hearings must be advertised in the appropriately designated local paper for at least ten days prior to the hearing date.

Therefore, your completed application must be here in this office just about three weeks before the hearing date.

Q: What good would it do to come to next week’s meeting?

A: You can request a preliminarily review by the Planning Board. They may have questions that you could answer. This preliminary meeting would make both you and the Board better prepared for the Public Hearing.

Q: This seems pretty stupid. There are some really busy weekends coming up, Memorial Day weekend and July 4th, not to mention the summer season as well. There will be lots of people around; all we want is to take advantage of that. We will drive into town, sell our stuff, and leave. Can we just park our truck and trailer at the lake front, off the road, and sell there?

A: Permits are still required. And if you want to be on Town property, not only is a permit required, but permission from the Town Board as well will be needed.

Q: This permit process seems like it is designed to keep outsiders out, is this true?

A: Not intentionally. However, over the years at different Public Hearings for this type of request, some of the local owners of businesses, restaurants, ice cream shops or retail outlets would object strongly to allowing an “outsider” in, thus taking business away from them.

Q: Why should they complain when the streets seem to be crawling with people?

A: It was more of a principle thing than a business or financial thing.

Example; someone owns a restaurant or ice cream shop, and they pay property taxes, school taxes, contribute to the fire department, the library, the Arts Center, the Community Center and employ people all twelve months of the year, often at a loss for many months, and finally when things get really busy and they can catch up enough to make the whole year worthwhile, someone from out-of-town comes in, who does not support the local community in any way, and takes the cream off the top.

Q: Wow, that actually makes sense and I understand why people would get concerned. We will re-think what we are doing and if we decide to pursue our little business venture, we will contact your office and submit an application to the Planning Board.