There you go, Henry.
There you go, Henry.
Thank you.
Yes, thank you.
Thank you, Mr. Hegarty.
Thank you, Ian.
Good morning again, Mr. Chairman and members of the board.
I'm here on behalf of C&B Legacy Enterprise.
This is a re-legalization of a child care center that was approved by a prior board in 2014.
It's occupied by a tenant, Robin Lewis, and I believe she is on the call.
Just by way of history, my clients purchased a property in 2018, and at the time that they
purchased it, it was a legal daycare center.
Unbeknownst to them, the use permit that was issued in 2014 had a five-year sunset provision.
So when my clients bought it, it was legal, but then that legality ran out two months
later, unbeknownst to anybody, in particular, my clients. The daycare has been operating
since the five-year sunset period, which ran out in 2018, has been operating continuously from that
time to the present time with the annual inspections by the Department of Human Services.
But unfortunately, no one knew that the zoning lapsed until my clients contacted an architect
to consider putting on a second floor on this one-story structure, and the architect alerted
my clients that it really wasn't zone problem. So we're here before you to, as I say, re-legalize
this child daycare center. We don't have any violations or complaints from the neighborhood.
This is something that my clients want to do to make it right. That's kind of the background,
and I'll walk through the presentation.
Table of contents, A1 through A10.
Refusal, RSA 5 zoning district,
child care center, obviously is not permitted.
We met with the RCO last night,
Wissahyp, no meaning civic.
They said they would get a letter.
I believe I was there.
I think the meeting went well,
but I don't have a letter
and I'll ask that we submit that later
when it is issued.
uh photographs just an aerial view closer view this is a property that runs the length of
jackson street where my cursor is down to glenlock and this is pratt street here
on jackson street is a two-family dwelling uh the the length of the property is about 125 feet
And so the half that fronts on Jackson is residential.
The back half, and these sections are probably split evenly, is the one-story daycare with a yard area.
So if you have 125 feet, it's about 60 feet of residential and 60 feet of commercial or daycare center.
And we do have a permit for the two-family dwelling on Jackson.
I'll show you that as we walk through the presentation.
This is looking on Pratt Street.
This is the one-story structure.
It used to be a three-car garage back in 2012 and 2013.
This is the main entrance.
It's about 695 square feet.
This is the interior.
It's licensed by DHS for up to 14 children from ages 0 to 12.
This is Ms. Lewis. She's at the front door. Check children in as they come in.
And as I said, I think she's on the call. She talked about trying to be on the call.
This is just a panoramic view, which I asked Ms. Lewis to take on the inside.
So this is the accessible bathroom here. There's also a door to the rear yard.
The children go out every day as long as it's not less than 40 degrees.
Let me go back.
There's also a kitchenette.
There's food that are served, chicken nuggets, macaroni and cheese.
Transmitting.
can i be heard you're good henry thank you mr chairman so again just more interior photographs
uh hardwood lammett on on the floor uh ample lighting cubby holes accessible bathroom also
a changing table with supplies above this is the outdoor area as i said the property if if it's
split in half roughly uh this is the play area this is the rear door to get to the child care
Center. These are the postings. Noticing the community meeting as well as today's hearing.
Noticing the community meeting as well as today's hearing.
And then we have plans.
I'm going to have to blow these up a little bit.
So as I mentioned at the outset, the residential portion is toward Jackson Street.
The rear is toward Glenlock Street.
And child care facility, these are the plans that were submitted to DHS.
The play area in the rear, as I said, it was a three-car garage at one time, converted in years 2013 to 2014.
Here's a blow-up of the rear section of the building, indicating the accessible bathroom, the kitchen.
There's also a sink in the bathroom, refrigerator, and also a small kitchenette.
I wanted to get to the zoning documents.
There was a balance of 583, but my client paid that with a little bit of interest, so we're now clear on the taxes.
Soning map indicating RSA residential.
It is a through property, as I said, from Jackson to Glenlock.
This is indeed indicating ownership, so my clients purchased it in March,
and the sunset provision of the original use permit expired in May of 2018.
As I said, we had an issue with regard to the lease.
The lease that my client was operating under with the existing tenant
has been in place since 2014 or so.
And since that time, they just operated on a month-to-month lease.
And as of yesterday, you can see it was dated yesterday,
just before the community meeting.
That lease was revived and then amended to indicate an increase in rent.
And that is, in fact, a month-to-month.
This is the commercial lease that was in play in 2015.
A notice letter to all the residents within 250 feet of the property.
152 pieces were mailed out.
The Pratt Street, Jackson Street, Glenlock.
And then here are the zoning records.
Again, it's a street-to-street parcel.
You can see the prior three-car garage.
This is just a hand-drawn site plan.
Zoning permit from 2003 indicating that there are two apartments in the front structure.
Obviously, we're not here for that, but I thought the board would want to see that.
This is the use permit that I discussed that was issued.
Let me blow that up.
In 2013, providing for a child care center, daycare center, but here's a proviso, five-year sunset provision and limitation of 14 children.
This is just some historical zoning records.
They're not really pertinent for our use.
Also, I found some permits from the year 2013-14 for electrical work.
Let me see if I can flip that around.
This is a 2013 electrical permit.
Let me flip it back around.
This is a plumbing permit from the same time frame, 2015, indicating work was done by reliable plumbing and draining.
Another electrical permit from 2013, and this is obviously a key document.
This is a certificate of compliance issued to Robins Nest Child Development Center.
That is the tenant. The LLC is owned and operated by Ms. Lewis, who has a BA in child development.
She has two other staff members. As I said, there's 14 children.
We're capped, even though the legal capacity is 15.
Currently, there's eight toddlers, ages one to two, two four-year-olds, and two age six and eight.
There are annual inspections by DHS to make sure the facility is in compliance.
There are no known complaints from any of the neighbors, and they've been operating, as I said, without the necessary zoning permit, although they have been certified as licensed by the Department of Human Services.
So my clients are on the call, as I believe is Ms. Lewis, if there's any questions, but I would like to...
uh as i believe is miss lewis if there's any questions but i would like to at least have my
client unmute themselves and adopt my testimony why do you have your client adopt your testimony
miss mcfadden how many years have they ran the property so my clients have owned it since 2018
okay the tenant thank you it's been in the building since 2015 when it was redone okay thank
Thank you.
Ms. McFadden, can you unmute yourself or Mr. McFadden?
Can you please raise your hand, Mr. or Mrs. McFadden?
There are no hands raised at this time.
On the call.
Yeah, they're on audio.
They said they're on audio.
Is there a phone?
Do you know which telephone number they're calling from?
It'll be 215-499-8760.
they're allowed to speak thank you very much good morning could you please state your name
and spell for the stenographer
this is mcfadden can you please unmute yourself yes yes i have could you please state your name
and spell for the stenographer yes my name is benita mcfadden that's b like boy e n i t t a
last name mcfadden all right do you swear or affirm to tell the truth the whole truth nothing
but the truth yes i do uh proceed counsel thank you mr chairman uh hi mr mcfadden how are you
i'm doing well how are you good good were you and your husband on the telephone uh participating in
this call when I presented your project? Yes, sir. And based on what you heard from me, would you
adopt my testimony as true and correct as if you were to testify? Yes. All right. Thank you very
much. Questions from the board. You're welcome. Yes. For the above residential unit, how do you
access that unit uh that that's accessed off of jackson street if i can get i'll pull that back up
if i can yeah that's accessed on jackson street not on the not on the side right
all the questions is this this is a this is of the daycare is the least right correct is that
what it is yes yes mr johns um i have no issues with the project just a i just a general comment
the exterior is kind of dismal is are there any plans to do anything with the exterior of the
daycare yeah i believe uh mr mcfadden are considering painting it they were considering
put it on the second floor but i don't think that that's going to move forward so they had discussed
painting it can you tell me the ages of the children again sure currently there's toddlers
ages one to two there's eight there are two four-year-olds and they're one child six and one
child eight okay all right thank you other questions questions or comments from our attorney
questions or comments from our attorney hillary emerson not at this time mr chair questions or
comments from the virtual audience no hands at this time chair planning commission thank you
chairman and good afternoon david effecto with the city planning commission chairman and board
members the comprehensive plan recommends a change in zoning at this location from rsa 5
residential single family to rm1 residential multifamily the city rezoned this neighborhood
in 2014 at that time this property zoning changed to rsa 5. the zoning board approved a use permit
in 2013 for daycare center with a temporary five-year proviso that restricted the use
to a maximum of 14 children the city planning commission recommends the board grant the
request to use variants for a child care center.
We noticed, Henry, there's no RCO letter, right?
Correct.
We met with him last night.
i know could you attempt to get it and we'll vote one of this next uh we'll do it next wednesday
I know.
Could you attempt to get it, and we'll vote on this next, we'll do it next Wednesday.
certainly all right so everything is closed other than an rco letter and obviously uh council would
have an opportunity to respond to the rco letter if we don't have the rco letter we'll take the
necessary action okay thank you mr chairman all right thank you all right is there anyone in the
virtual audience whose case has not been called no excuse me this is isaac howland i was um
I had a technical difficulty earlier, but I was able to get access to this panel.
Is this the one who is 28-30 West Hanes?
Your case has been continued, sir.
And we gave a date.
And if you have any problems next time, because we think you had a computer issue, the staff is more than willing to help you to prepare.
Okay, cool.
Thank you.
Thank you.
I see everybody too. Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's meeting. With me is our vice chair, Timothy Graham.
Present, Mr. Chairman.
Our Board Secretary, Cheryl L. Gaston.
Present, Mr. Chairman.
Our Board Member, Michael Johns.
Present, Mr. Chairman.
Board Member, Ty Wynn.
Present, Mr. Chairman.
And our Board Member, Ryan McAdams.
Present, Mr. Chairman.
Also, here is Hillary Emerson, our Attorney, our Executive Director, Ian Haggerty, and
our Board Administrator, Lakeisha Dandit.
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