May 13, 1997

MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 ON MARCH= 12, 2008 AT 7:00 P.M.

PRESENT:= Chairman Dan Evans, Ga= ry Swanson, Ron Calanni, Paul Shanahan, Steve Peterson, Fred Santucci, Attorney William Wright, Code Enforcement Officer Randy Woodbury and Secretary Valerie Pierc= e

ABSENT: Phyllis Belin

Chairman Evans opened the meeting at 7:00 PM.

Motion made by Steve Peterson, seconded by Ronald Calanni to approve the minutes of the January 9, 2008 meeting.

Carried. = &nb= sp; Ayes – 6 = &nb= sp; Noes – 0 = &nb= sp; Absent – 1

Chairman Evans opened the Public Hearing for Ant= hony and Richard Benedetto for the construction of a new office building on Dunham Avenue.

Attorney Wright said t= hat the Town Board has considered rezoning of this property at the recommendati= on of the Planning Board. They d= id not take action at the request of Mr. Wright because the SEQR involved in the rezoning is a project specific SEQR and it had been decided that the SEQR w= ould be done by the Planning Board. The findings could be adopted by the Town Bo= ard. This property is not yet properly zoned but cannot stop this review.

Mr. Richard Benedetto reviewed the project for the Board. Mr. Paul Potter, engineer, had provided site plans.

The Planning Board reviewed the plans submitted noting:

= 1)&n= bsp; Drainage – water will drain to the = road ditch – there is a 2 foot swale going around the property - the Board members had a lot if questions and concerns on the drainage – there will be no water going into the ditch and all the water will be confined to the property

= 2)&n= bsp; Elevations – the building is 1364 t= otal feet - the Board requested elevation drawings be submitted

= 3)&n= bsp; the gravel driveway entrance is at baseme= nt level and the elevation is at 1355’

= 4)&n= bsp; total site acreage - a total of .93 acres=

= 5)&n= bsp; lighting – there will be one light pole, 3 lights on the front of the building and a couple of man door lights= on the back of the building for security

= 6)&n= bsp; there will be a dumpster – the Board wanted the placement shown on the plan and requested that the dumpster be fenced in

The Board had a lengthy discussion on the drainage. T= here were no topals on the one side to show the Board that the water would not go onto the neighbor’s property. There seems to be only a 2 foot drop, which the Board thought would = not be enough in a 100 year storm. Attorney Goodell said that the Board wanted = to keep in mind that the volume of the swale is based on the width as well as = its drop. Mr. Evans said there is= a lot of existing water there. Mr. Goodell stated that if it overflowed it would overflow into the creek. The Board would like the water contained on site. The applicant agreed to put a one = foot berm to protect the neighbors. Steve Carlson, licensed land surveyor, revie= wed the contours for the Board. T= hey had no calculations for a 100 year storm. Mr. Carlson said that Paul Potter= did not calculate them because it was not required for a site under one acre. T= he letter received from the County Planning Board stated they had concerns on = the drainage. Mr. Evans stated the Board would like to see calculations and a better plan showing the drainage= .

Attorney Wright review= ed section 146-24 of the code, which states that wherever a neighborhood busin= ess abuts a residential area you are required to have a buffer zone that consis= t of 20 feet of trees, shrubs, hedges or a combination thereof. The idea is to have a vegetative b= uffer between the building and the neighboring residential buildings. The drainage plan would preclude t= hat buffer.

The Planning Board reviewed the site plan checklist noting:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>1)&n= bsp; the property is treed and they plan on keeping as many trees as they can

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>2)&n= bsp; storm water management plan was not compl= ete

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>3)&n= bsp; exterior dimensions were not noted on the plan

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>4)&n= bsp; building is 4000 SF – there is a basement under 2/3 of the building and a crawl space under the part of the building facing Fairmount = Avenue

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>5)&n= bsp; Randy stated they would need a full set of architectural plans to apply for their building permit

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>6)&n= bsp; there is a driveway that is gravel but because it is an integral part of the storm water management plan it is a reasonable rational to waive it being bituminous – it in not the principal use driveway or where they will have customer parking – it would be used only once a week – it would be low use and have no rout= ine parking

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>7)&n= bsp; the applicant has to locate the dumpster = on the plan

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>8)&n= bsp; there will be no fences except around the dumpster

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>9)&n= bsp; the retaining wall would be poured concre= te

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>10)&= nbsp; they will hook up to City of Jamest= own water and South and Center Chautauqua Lake Sewer district – the utili= ties should be noted on the plans – there is an extension of the infrastructure they are willing to make to get water

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>11)&= nbsp; the closest fire hydrant is down Dunham Avenue at Third or Fourth Street

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>12)&= nbsp; overhead electric service will come in= to the building

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>13)&= nbsp; buffers must meet the regulations in section 146-24 C of the code=

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>14)&= nbsp; there will be no retail sales

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>15)&= nbsp; landscaping – Mr. Benedetto said they could easily put in some maple or pine tree= s in the swale area and he did not think it would interfere with the swale ̵= 1; Mr. Wright said that pine trees are a great buffer

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>16)&= nbsp; their estimated project construction schedule – Mr. Benedetto said with approval tonight they would hope it to be May 31^st

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>17)&= nbsp; their driveway access will need approval from the County

Chairman Evans listed = the items that the Board needs for the approval of this project:

= 7)&n= bsp; storm water calculations – the engi= neer has told Mr. Woodbury it is under the square footage of needing a storm wat= er plan – the Board wants a certification letter from the engineer that = in a 100 year storm they are going to contain the water on site

= 8)&n= bsp; the square footage and the lighting needs= to be put on the site plan

= 9)&n= bsp; the Board will waive the bituminous surfa= ce for the driveway that will have low usage and would not have any routine parking

11)the dumpster needs to be on the site plan and be fenced in

13)the location of sewer needs to be on the plan

14) the location of water needs to be on the site plan

17) the location of the sign= needs to be noted on the plan

18) the landscaping needs to= be in conformance with section 146-24 C

19) the lighting needs to be= put on the site plan

21)need a landscaping plan f= or the buffering – engineer can attach to the site plan

23) the Town needs a copy of= the permit for the driveway from the County

The Board will have to= do the SEQR when they bring the site plan back.

Mr. Benedetto asked if= the Planning Board could approve this subject to the Town Board reviewing the s= ite plan. Chairman Evans stated t= hat the Town Board cannot approve a site plan.= Attorney Wright said the Planning Board is not on a time frame for t= he SEQR from the Town Board. Att= orney Goodell said they do have a real time problem with the tenant and asked if = this could move any faster than another month and a half. The applicant wants occupancy by M= ay 31^st. It might take 30 days longer but t= hey are shooting for May 31^st. The Board could consider a special meeting. The Town Board meets on April 7th. Randy said he did not have anythin= g else that would have to be scheduled before the end of the month. Mr. Benedetto suggested they could= get the plans to the Board members and they would not have to have a meeting. Mr. Evans said they legally have t= o have a meeting. Attorney Goodell a= sked if they could do the SEQR without approving the site plan. Mr. Wright said he would say no be= cause all of the water and drainage is so integral to the SEQR.

Attorney Wright sugges= ted that they get the plan done and get it reviewed by Mr. Woodbury and the Boa= rd could call for a special meeting. Randy said it does not look like the Town Board will be able to act = on March 17^th but they possibly could on April 7^th. He suggested the Planning Board co= uld meet on April 2^nd and would be ahead of the first Town Board mee= ting in April. The tentative date = for the next Planning Board meeting is April 2, 2008.

Motion made by Ron Calanni, seconded by Steve Peterson to table this application for Richard and Anthony Benedetto pending additional information.

Carried. = &nb= sp; Ayes – 6 &nb= sp; = &nb= sp; Noes – 0 &nb= sp; = &nb= sp; Absent – 1

Chairman Evans opened the Public Hearing for Jamestown Macadam Inc. for site plan review to replace the current plant and building with a new plant and building.

Mr. Tom Olson, Vice President, submitted site plans. He had plans of t= he existing site and plans for the new site. Mr. Paul Potter is the engineer for= this project.

Randy Woodbury explain= ed the project. The current owne= r is Jamestown Macadam and they want to update the technology without shutting d= own the existing plant. They have= a plan to build the new plant next to the old plant and demolish the old one. Mr. Olson said they will= not demolish the old building. He= said the plant itself is completely enclosed with a building for the purpose of = making concrete in the winter. They originally erected the plant 30 or 40 years ago and then put the building around it. Mr. Olson explained the operation of the plant to the Board members. Mr. Olson said they = cannot stop business and so their plan is to run the old plant while they construct the one next to it. Once the = get the plant erected and running they would put the building around it. They plan to shut down on a long w= eekend and replace the conveyor and have it done in 3 or 4 days.

Discussion followed on= if these plans would be a modification to the original site plan but this prop= erty has never had a site plan review so it can not be a modification. Dan Evans said they would not be changing any traffic patterns, no outdoor storage, or any topals. Attorney Wright stated they are not changing any impervious surface, which is the mo= st important issue. The storm wa= ter plan was done in 2004 and filed in Chautauqua County but the Town= does not have a copy.

Mr. Olson said they ca= nnot use the current plant. The on= ly permit they need is the existing storm water permit. There are topals on the plan. Mr. Olson said there is= a storm water prevention plan that had been done recently by George Marshall = that is required for their SPEDES permit. Mr. Olson did have a copy to show the Board and Randy copied it for = the Town.

The water supply is through the City of Jamestown<= /st1:place> as well as the sewer and electric. They are meeting with the City tomorrow. They are hoping to get started aft= er the hard part of winter is over. =

The Board went though = the site plan checklist noting:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>1)&n= bsp; they have a stamped drawing

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>2)&n= bsp; plan has north arrow - plan is 1 in 40 fe= et

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>3)&n= bsp; need dimensions on the boundaries of the = property that are plotted

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>4)&n= bsp; have existing building<= /p>

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>5)&n= bsp; the site is level

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>6)&n= bsp; no existing watercourses or tree masses

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>7)&n= bsp; have storm water management plan

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>8)&n= bsp; dimensions of buildings plotted

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>9)&n= bsp; Mr. Olson showed the Board the traffic pl= ans for loading and unloading

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>10)&= nbsp; no pedestrian access

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>11)&= nbsp; the outdoor storage is plotted on plan

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>12)&= nbsp; no site improvements for drains culverts retaining walls or fences<= /span>

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>13)&= nbsp; location of sewer

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>14)&= nbsp; fire hydrant is on plan

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>15)&= nbsp; water is located

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>16)&= nbsp; location of gas

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>17)&= nbsp; there is a sign on the wall - they will not erect any new signs – they will= eventually change the name

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>18)&= nbsp; no buffer areas <= /p>

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>19)&= nbsp; outdoor lighting –

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>20)&= nbsp; no retail sales

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>21)&= nbsp; landscaping and planting schedule – Board can waive

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>22)&= nbsp; estimated project construction schedule – Mr. Olson said they want to start as = soon as the weather will allow

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>23)&= nbsp; Town has a copy of the permit required for the storm water

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>24)&= nbsp; permit for storm water is only required

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>25)&= nbsp; none

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>26)&= nbsp; N/A

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>27)&= nbsp; Property is level

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'>28)&= nbsp; N/A

Chairman Evans listed = the items that the Planning Board needs:

3) Boundaries of the property – stating the dimensions=

13) Location of sewage

14) location of water

16) location of gas supply

19) outdoor lighting

21) the Board will waive the landscaping since they are in an Industrial zone

Attorney Wright determined that this project is exempt from SEQR as a type II action under 617.5(C) 7 (construction of a nonresidential structure involving less than 4000 SF).

Motion made by Paul Shanahan, seconded by Ron Calanni to table this application until the April 2, 2008 meeting pending additional information.

Carried.        =           Ayes – 6        =             &nb= sp;            Noes – 0        =             &nb= sp;            =     Absent – 1

Margaret Servoss requested a sketch plan conference. She wants to cons= truct an indoor/outdoor kennel facility for a dog care business and to park a dog-grooming mobile van at 3464 North Main Street Ext. to travel to locations = as ordered.

Attorney Wright explai= ned this is an informal meeting for Ms. Servoss.

Ms. Servoss said the Humane Society is giving dogs to the elderly free of charge and they cannot= get the dogs to the groomers so she wants to start a mobile grooming but she al= so wants a total plan for them. = The way is it now if they are unable to care for the dogs for a short period of time the dogs have to go back to the SPCA.= She said it has been proven that when the dogs bond with the owner it helps them recuperate much faster. She would like to have a temporary holdi= ng place while the people are in rehab. She would keep them as her personal pe= t, so it is not really a kennel. When the elderly go into nursing homes for rehab she will be able to take the do= gs to visit because they have found that pets offer a great deal to the elderly.

Ms. Servoss told the B= oard she wants to put in a cement slab because the land is very wet. She wants to park the van without the worry of it sinking in. Behind the garage in the s= hed she wants to put a small platform with a little A-frame to hold the dogs wh= ile she is out grooming. It will = have electric and water and there will be a small play area with a fence. She showed the Board a sketch of h= er plan.

Mrs. Servoss said that= her closest neighbor is right across the driveway but no one is living there ri= ght now. It is a rental property.= Paul Shanahan showed Ms. Servoss a= map of her property he got off the GIS system.= The neighbor shares a driveway but Ms. Servoss owns the driveway. She has given them an easement but= as soon as they sell she will shut the driveway down to them. They have enough frontage to put t= heir own driveway in. She has made an offer on the other property.

Ms. Servoss has not purchased the van because she wanted to make sure she could do this. It wil= l be a full time business. She wou= ld only keep dogs for the elderly and she will be picking them up. The grooming will be available to = anyone and will be all off site.

Attorney Wright said t= he most critical issue for the Planning Board is whether or not this is a use = that triggers the site plan review under section 121-5 of the code. Mr. Wright reviewed the section of= the code. The other question is i= f this is an ordinary related land use to an agriculture-residential district. Is it a change in use? Paul said that even though Ms. Ser= voss does not think this is a kennel it might be determined to be and might deem site plan. =

Attorney Wright said looking just at the dog grooming business they would be talking about a home occupation. They do not trigg= er site plan. =

Randy said that he believes that the closest thing that this would be is a kennel and it would trigger site plan. Mr. Wright= said that the first real determination is for Randy to determine whether it is a= use that is permitted under the code under the Agricultural-Residential zone. R= andy determined that this is a kennel and needs a Special Use Permit. He feels t= he van would be an accessory to the kennel but not necessarily “not customary”. He would accept that the van could be an accessory to the kennel. The signage would hav= e to be discussed. If she challenges his determination and feels it is a home occupation she could not have the van because a home occupation is done completely inside the house.

Ms. Servoss needs to g= o to the Zoning Board for a Special Use Permit. The Planning Board needs to determine if this triggers site plan. Drainage and water issues are not relevant so they could waive the s= ite plan. Mr. Wright told Ms. Ser= voss that the criteria for the Special Use Permit are in section 146-64 of the c= ode. Randy can then direct the Board if what she is doing requires site plan. Attorney Wright said that the Zoni= ng Board is actually to the point that they need to see pretty much a full site plan in order to make a determination that a Special Use Permit does or does not meet the criteria.

Ms. Servoss will apply= for the Special Use Permit. Randy can help her with some photos. The proximity = of the neighbors is crucial.

Chad Hebner, d/b/a GamerZone did not appear for = his sketch plan conference.

The Board discussed the request from the Town Board to review section 146-42D of the Town of Ellicott code rega= rding permitted uses in Industrial Parks, specifically that retail business should not be precluded from operating in Industrial Parks.

Attorney Wright told t= he Board that this comes to the Planning Board under the same section of the c= ode as rezoning requests. The Town Board identifies a change it might want in the Zoning portion of the code a= nd they have to refer it to the Planning Board for a recommendation. The zoning in the Town is set up o= n a structure that starts with residential and goes up to Industrial zone. The Industrial zone is the least restricted in the Town and you can do just about anything. In the 1990’s the Town creat= ed a new zoning category called Industrial Park zones. Industrial Park is different then Industrial in that it has the largest setbacks in the code and it has all k= inds of restrictive requirements. = The other difference is that while all the other zoning is “step-up” zoning, Industrial Park is not in that line. There could be support industries. Mr. Wright did not think you could have a support office, such as a marketing company.

Fred Santucci said tha= t in the Industrial Park in Busti there is a brewery that sells beer and sandwic= hes. Mr. Wright said that is not in Ellicott and he cann= ot imagine that the County allows that.

Mr. Wright understands that someone wants to do a retail sale out of one of the manufacturers. He asked Mr. Woodbury if he knew w= ho it was. Ron Calanni said that Bu= sh Industries has had sales. Dan= said that you don’t want to go into the Industrial Park and have someone having a tent sale. Bush has = moved there sales to the Allen S= treet facility. Paul Shanahan said = that around the Industrial Park you have no residential activity so why should it bother anyone. Attorney Wrigh= t said they are not talking about tent sales they are talking about company stores. Paul thought that sho= uld be the perfect place to have commercial activity as opposed to increasing the scope of the Fairmount Plaza and infringe = on neighboring residential areas. Dan Evans stated that when these businesses came in and were built, they were n= ot set up for retail sales. They= did not have access for pedestrians or parking for retail sales. Ron said that = if you open this up to do whatever you want it would completely violate the premise of creating an Industrial Park in the first place. You could create= d a provision in the code that says you can have retail sales or incidental sal= es of products manufactured on site by Special Use Permit. The Town then would have some proc= edure for the Zoning Board to look at and guarantee that it is incidental to the manufacturing use and to take care of the items that Dan mentioned, such as= an adequate driveway for retail type traffic that is separate from the shipping lanes, sidewalks for pedestrians and building accessibility. These are all safety issues.<= /o:p>

Paul said rather then modifying the code itself to allow retail sales they could modify the code = to add them to be allowed with a Special Use Permit. Attorney Wright agreed they could = amend the code for Industrial Park districts to allow retail sales of goods produ= ced on site by Special Use Permit. Paul suggested checking with the Town of Busti to see how their code allows sales in the Industrial Park.

Steve Peterson said ma= ybe they could have some kind of eatery for the lunch hour crowd that works in = the Industrial Park.

Randy Woodbury stated = that Bloomquist Landscaping wants to buy property to relocate their business in = the Industrial Park. They would h= ave retail sales as well as their landscaping business. Randy said he suggested Bloomquist Landscaping look at industrial property rather then the Industrial Park.

Mr. Evans said that any retail sales in the Industrial Park should be an accessory to an existing manufacturing business. Gary Swanson read what the Town Council requested in the letter the Planning Boa= rd received. The Town Board requ= ested the Planning Board review section 146-42 D regarding permitted uses in Industrial Parks. The Council= is concerned that the code might be too stringent; specifically it feels that retail businesses i.e. commercial sales and service should not be precluded from operating in Industrial Parks. They were interested in the Planning Board’s opinion regarding whether retail business should be allowed in Industrial Parks. The Town Board is actually asking = for service and retail sales. Randy said that the Town Board is thinking of removing the conditional phrase “but not for the general public”= ; in 146-42 D to say you can have commercial sales and service. He had suggested 146-42 D stay the= same and add a section in 146-42 D “not to the general public unless a Spe= cial Use Permit is granted”. At the time the Zoning Board of Appeals can only hear it as a Use Variance and= he did not think that the requirements under the State Law could not be met. Mr. Wright said that he had though= t this request was for one of the manufacturing businesses.

Gary thought that the Plan= ning Board should recommend allowing sales for things that are manufactured in t= he Industrial Park so a business could get a Special Use Permit to sell strict= ly the things manufactured there. The Board discussed the tax breaks, building permit breaks, the cost of infrastructure paid with government monies for businesses going into the Industrial Parks. Mr. Wright said that the Industrial Parks were sponsored by the County. If the Town of Ellicott= now changes the code to allow retail establishments the County might have objections. Randy said that t= he County IDA is pushing to sell this piece of property.= If that is true and if the IDA wants to sell a prime “shovel ready” industrial high density job area to a low density job business= and put it out of the market for factory business that might be a risky proposition. The board was in agreement that this was not the place for retail sales.

Attorney Wright said t= hat the Planning Board could recommend that incidental sales of manufactured on site products be put it in as a Special Permit Use. The Board could direct = the Chairman and Attorney to write a provision and bring it back to the Board.<= span style=3D'mso-spacerun:yes'> The Board has 60 days so they can consider that at the next meeting. <= /span>

Randy suggested that t= he Board invited the IDA to come in for the next meeting to talk about this. The Board decided that they should invite the IDA to come in on April 2, 2008 at 6:30 PM to discuss where they want to go with the Industrial Parks. Randy said he will contact the IDA. T= he Attorney and Chairman will wait to draft anything until the Board meets with the IDA.

Motion made by Gary Swanson, seconded by Ron Cal= anni to table this request until the next meeting and get some input from the ID= A.

Carried.        =             &nb= sp;      Ayes -6    &nbs= p;            &= nbsp;           Noes – 0        =             &nb= sp;      Absent – 1

Motion made by Steve Peterson, seconded by Gary Swanson to adjourn the meeting at 10:02 PM.

Carried.        =             &nb= sp;     Ayes – 6        =             &nb= sp;        Noes – 0        =             &nb= sp;    Absent – 1

_______________________________

Valerie Pierce, Secret= ary