ZONING BOARD OF ADJUSTMENT
April 24, 2014
The meeting was called to order at 7:02 p.m.
Roll Call: Larry Ordway, Chair
Timothy Fisher, Vice Chair
James Allen
Paul Boniface - Absent
Martha Sumner, Alternate
M. Sumner was appointed as a voting member for this meeting.
Minutes of March 27, 2014 Meeting
T. Fisher moved, second by L. Ordway, to approve the minutes of the March 27, 2014 meeting. There was no discussion on the motion and the vote was 3-0-1 (Sumner abstaining).
L. Ordway explained that there were only four (4) members sitting on the Board for this meeting. He noted the implications for voting and the rights of the applicant to request a postponement. L. Ordway explained that if an applicant went forward and lost it would not be grounds for the granting of a re-hearing.
#14-03: A request from William Joray for a variance from Article V, Table 220-32E to allow a single family lot with less than the minimum 150 feet of frontage. The property is located at 8 Maple Ave, Tax Map 41, Lot 29 in the MDR District. The parcel to be created would front on Witch Lane. The applicant is the property owner of record.
James Lavelle, Lavelle Associates, was present for the application. He requested a continuance on behalf of his client. He invited that Board to take a look at the property in the mean time.
L. Ordway announced that hearing #14-03 would be postponed until May 29, 2014.
It was announced to the gallery that the announcement of the postponement was the only notification they would receive. They would not be getting any further written or verbal communications.
#14-04: A request from Plaistow Community YMCA for a variance from Article V, Table 220-32B to allow a daycare in the CI District, which is currently not a permitted use. The property is located at 175 Plaistow Rd, Tax Map 44, Lot 77 in the CI District. The property owner is YMCA of the North Shore, Inc.
It was noted there was a Notice of Decision/Letter of Support from the Plaistow Planning Board in this application.
Tracy Fuller, YMCA Regional Executive Director, was present for the application. She noted the following for the Board:
- She was seeking a use variance as a daycare is no longer a permitted use in the CI District
- They were seeking to put an early education center in their current location
- They would be filling a need for quality, low cost daycare for the community
- They focus on youth development and healthy living
- They were currently leasing a small daycare facility on Danville Rd
- There would be no structural changes to the building
- They would be caring for infants, toddlers and preschool children
- This would meet the needs of working parents
- No one is turned away for inability to pay
L. Ordway asked what the staff to student ratio was.
T. Fuller replied that they were licensed through NHDHHS (New Hampshire Department of Health and Human Services) and their staff to student ratio is as follows:
- Infant (Under 15 months) 1:4
- Toddler (15 month – 3 years) 1:5
- Preschool (over 3 years) 1:8
T. Fuller added there would also be on on-site teaching director.
L. Ordway asked what the numbers in each level were.
T. Fuller responded:
- 8 infants
- 10 toddlers
- 32 preschool
T. Fuller noted the Danville Road facility was primarily preschoolers at this time. She added that they were seeing an increase in the usage of the overall facility. Their goal is to eventually service 70 children.
L. Ordway asked what the hours of operation would be.
T. Fuller answered that they would be 7:00 a.m. to 6:00 p.m., which fit the needs of commuting families.
L. Ordway asked if the Haverhill YMCA had a daycare facility.
T. Fuller offered that they did and it was located in the building adjacent to their facility.
T. Fisher asked if this organization ran any other facility in New Hampshire.
T. Fuller noted there were facilities for daycare, but not for school aged kids.
J. Allen asked for confirmation that there would be no structural changes to the building. It was confirmed that there would be none and no changes to the existing footprint.
J. Allen questioned if when the children went outside if they would be behind the building and not out near Route 125.
T. Fuller explained that they would be using the rear entrance of the building for pick-up and drop-off. She noted there would be a keypad for entry into the building, and the children would never go unsupervised out to the playground.
J. Allen asked if there had been any studies on the traffic impact.
T. Fuller replied that most drop-offs occur in about a ten (10) minute time frame and all that function would be at the back of the building. She added the only time where there are a large amount of cars in the parking lot would be for a weekend tournament.
Members of the Board related their own experiences with using the YMCA for daycare, noting the long term experience the Y has of assisting and caring for children and families.
T. Fuller added that it was important to have accredited, quality care for children.
L. Ordway asked if the Board had any additional questions. There were none.
L. Ordway asked if there was anyone speaking in favor of or in opposition to the application. There was no one and the matter was closed.
DELIBERATIONS
#14-04: A request from Plaistow Community YMCA for a variance from Article V, Table 220-32B to allow a daycare in the CI District, which is currently not a permitted use. The property is located at 175 Plaistow Rd, Tax Map 44, Lot 77 in the CI District. The property owner is YMCA of the North Shore, Inc.
L. Ordway moved, second by M. Sumner to grant the application for a use variance from Article V, Table 220-32B as noted in the legal notice
L. Ordway summarized the application as follows:
- This was a new facility in Plaistow and had taken over a basketball facility
- The variance is required for them to add a daycare use
- A portion of the existing facility would be converted to classrooms for infants through preschool
- There is a sore need for quality affordable daycare in the community and this would be helping to fill that need
- There is member support for a daycare
- The Planning Board supports the application
- There would be minimal impact with a maximum of 70 children
The Board stepped through the variance criteria noting the following:
- The application was not contrary to the public interest, in fact it was fulfilling a public need
- It was not contrary to the public interest if compared to what is currently allowed such as care of animals, restaurants and business offices that are all there to meet a public need. They offer community recreation and allow people to gather together
- Substantial justice is that there is no adverse impact to the community, in fact there is a great gain to the community
- This is a commercial area and there should not be any decrease in the surrounding property values by adding a daycare to the existing YMCA use
- There would be a hardship to the community to prevent this use at this location.
There was no further discussion on the motion. The vote was 4-0-0 U/A.
There was no further business before the Board. The meeting was adjourned at 7:32 p.m.
Respectfully Submitted,
Dee Voss
Administrative Assistant
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