ZBA Hearing - May 20, 2025

But the main concern was incorporating a separate entrance for the second floor and also the

ramp that's accessible to both the first and second floor so that the trash can be set

aside in the back.

That basically was the main concern in terms of the trash storage and pickup. Operating time for the daycare is going to be essentially 6 a.m. to 5 p.m. That's the contemplated time for operation. And with that, I would submit for any questions the board may have.

Questions from the board.

how many children are you planning to accommodate on the property

and what are their age ranges i believe it would be uh less than 10 and it will be us

I believe it would be less than 10, and it will be six months to five years old.

And given that the first floor is one big open room, is there going to be any separation based on age?

To make it, did you hear that?

So I will leave that to Mr. Ragunanan, who is the, yes.

anticipates that there would be separation that would be made by bookshelves and different

compartments, not fixed walls. Okay. I don't think I have any questions.

Other questions? Yeah. The basement, you utilize the basement also. Is that what we're seeing?

Yeah. Yes. The daycare is going to utilize the basement primarily to like prepare breakfast, lunches, that sort of thing. And also the office space.

Okay. What's the height of the basement?

Seven foot.

Seven foot.

And where's the trash going to be stored?

So the trash is going to be stored at the rear of the property.

the ramp has steps that'll be on the back that would access the backyard. So both the second

floor and the daycare tenant would be able to put their trash back there until it's time

to bring it forward for trash pickup. Is it going to be enclosed in the rear?

And are the children going to have access to the rear yard to play outside?

so there is a um fence that um is currently um bordering the rear and making it basically

private the daycare would have access they have a direct um outlet here so they would have access

to the rear yard uh in terms of development you know i'm not sure how they're going to utilize

that. There are parks also in the area that the kids can go to, but I'm pretty sure what they

will do with this area is allow for some daytime activities, weather permitting.

Thank you for updating the plans. They're clearing it. Questions from our attorney?

Ms. McCoy, did you say there would be approximately 10 children in this facility?

I think it's up to yes. Okay. I'm just a little confused because the refusal says child care

center, which is 13 or more children typically, excuse me, typically. I know the state has a

little bit different categories, but I'm wondering why this isn't being categorized as a group

child care if it is only up to 10 children. That could be my error. I'm going to ask Mr.

Raghunanan to enter and perhaps you could clarify that point if that's okay.

Mr. Raghunanan, could you please raise your hand?

Mr. Raghunanan, if you're in a virtual audience, please raise your virtual hand.

i see no hands

it would have been helpful too if he had that listed on the the drawings you know what i mean

because there's a certain square foot, square footage requirement for children.

Okay. I'll take that under advisement. And I'm sorry, I was on mute before. Um, and I just had

a question about, is there any soundproofing between the, um, daycare center and the, uh,

living space above? Oh, yes, yes. It's essentially insulation, soundproof insulation that would be

used between floors. This talks about the sheathing and the design of the structure,

but there would be soundproof insulation that would be installed, both in the walls and ceiling.

And I guess my other question is, there are, depending on the age of the child and whether they're capable of self-preservation, there are rules about how many exits and entrances you need to have for children that are like two and younger.

So did I hear, what age children are we talking about here?

What age children are we talking about here?

six months to five years.

Six months to five years.

So, yeah, as part of what you're doing here, there's going to, well, I'm not sure if you've had the plans reviewed yet,

But there's sometimes requirements for like extra sources of ingress and egress.

And for children who are like younger than, I think it's two or three.

I'm not sure which one.

So just a comment that there's going to need to be at least some recognition about that.

And some arrangements made to make sure that these children who are not necessarily capable of self-preservation can be evacuated in case of some sort of emergency.

Okay. That's a great point. Thank you.

There are three that are contemplated as part of the plan.

One at the front, one at the center here, and then there's also one at the back.

Okay.

I believe Mr. Ragunanan is raising his hand now.

Mr. Ragunanan, if you're in a virtual audience, please raise your virtual hand.

I see no hands.

okay so excuse me miss Hillary do we want to hold this jet except for it so I just had another

question just to help clarify the use um Ms. McCoy the rental unit um above is that is the

property owner living there and operating the business on the first floor and basement or is

that going to be a separate tenant uh it's going to be a separate tenant the property owner uh lives

next door. He owns the adjoining property. Okay. All right. So it would seem that the

appropriate use that in this case is a group child care because the owner does not live on

the premises. So I think we need to have the refusal amended to reflect the correct use

if we're looking at fewer than 13 children. Okay. So we're going to continue this, right?

AM I CORRECT? I THINK WE WOULD NEED TO CONTINUE AND ASK FOR AN AMENDED REFUSAL. I DON'T KNOW IF

PLANNING IS PREPARED TO GIVE ITS TESTIMONY AT THIS TIME, BUT I THINK WE NEED A REFUSAL THAT

ACCURATELY REFLECTS WHAT IS BEING REQUESTED AT THE LOCATION. I'M SORRY, MR. REGUNANAN

IS COMMUNICATING BY TEXT. HE SAID HE'S RAISING HIS HAND. HE SAID IT'S GOING TO BE 13 KIDS THERE

um at the child care i don't know if there's any opportunity to try once more for him to

be admitted into the meeting

all right one more time please there's someone named marcella seltzer raising yeah that's the

only person with the hand raised is that who you maybe he's using this device maybe that's what

the issue is okay so they will be promoted to panelists marcella please assist the panelist

good morning my name is marcella sesler m-a-r-c-e-l-l-a sesler s-e-t-z like in zebra l-e-r

is this your client uh yes uh he she works with my client

so but is your client there is what i'm saying miss miss sesler yes

is mr ragun and i'm going to be attending or are you

he should be he should be on on here because i spoke with him this morning

well miss sessler um can you describe what your relationship is to the child care

is this going to be your witness now and not the other person to make it yes while she's here so

that way we can address okay all right could you please state your name and spell for the

stenographer he's he's saying that he's on the meeting but he's not being able to connect

okay to me okay can you spell your name for the stenographer please

marcella m-a-r-c-e-l-l-a sexler s-e-t z like in zebra l-e-r okay and what's your

Z, like in zebra, L-E-R.

Okay.

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Yes, I am.

All right.

And Tamika, we're looking for numbers from this person, am I correct?

Correct.

Can you tell us what your relationship is to the project?

Mr. John Raguni is actually leasing the building to me for the daycare.

Okay.

How many students do you intend to service at the building?

I was intending on doing 13 to 15 children.

I didn't hear that.

Could he do it?

Please do it again.

Could you repeat what?

13 to 15 children.

Okay.

Okay.

I mean, we believe there's room for 15 students there.

according to the

the size

when they do the measurements

it's 40 square feet per child

is that just on the first floor

am I correct?

yes

okay

the planning taking position yet

planning

good morning chairman david fechter with the city planning commission chairman and board members

the comprehensive plan recommends no change to the rsa5 residential single family zoning at this

location a child care center is defined as a facility for 13 or more children and is prohibited

in rsa5 there is no unique physical condition or circumstance that would prevent this property

from being used in strict conformity with the zoning code the city planning commission recommends

that the board deny the proposed use variance for a child care center and for multiple principal

uses on the lot all right thank you to me we're going to hold this vote and we'll vote next

Wednesday the 28th at 9 30 a.m and we'll take everything that's been said under consideration

okay okay thank you thank you all right so number

number five mi 2024 004 331 1900 hoffnagel street jermaine harris is the attorney

mr harris yes good morning can i be heard and seen you you you we we hear you and see and

you notice we waited for you too and i appreciate i appreciate your grace please

please state your name and spell for the stenographer uh sure jermaine harris uh and

of council for uh the owner uh this is 1900 hofnagle street so this is a resumptive hearing

and mr harris this is uh what we suggest you're going to present interior photos to the board

yes questions from the board yes we'll take additional public testimony and we'll see a

recommendation from the planning commission so you just you might want to take a couple sentences

and say where we were and then talk about the photos okay so where we were is that

for this property we are seeking to legalize additions to the building and there were questions

as to what although photos were presented of the exterior there were questions as to what was going

on on the inside of the building i'd like to note that uh there was uh approval from or support

rather from the rco and that was really the big question is is what was on the inside of the

of these additions that were that that were being proposed so let me share my screen

All right, so this is the refusal.

These are the plans, and what we were talking about here, what additions we were talking about, is this was being enclosed right here.

And it actually became this.

And then this right here became this.

And then this right here.

So, again, there were questions as to what this was and what this was, if you may recall.

We recall.

Yes.

All right.

these are all right so this is as to the exterior and the enclosed this is a more

closer view of it from the exterior and this is the interior of what it looks

like right here now as far as the raising of as far as the second enclosure

or second edition that was the kitchen and that's what this is right here

as well as right here as well.

And this is another angle of what it is.

And this is the door leading out from the kitchen.

I also have my client on the call right now,

and I can promote him or I'd like to have him promoted

so that way he could answer any questions

as to any specific uses that may be asked

that I can't specifically answer.

Okay, bring him on, please.

Sure.

Mr. Rodriguez?

Can you raise your hand, please?

We have a Damaso Rodriguez with your hand raised.

Would that be your client?

Yes.

All right.

Damaso Rodriguez, please accept the promotion to panelists.

Good morning.

How you doing, guys?

Good morning, Mr. Rodriguez.

Could you please state your name and spell for the stenographer?

My name is Damaso.

My last name is Rodriguez.

Could you spell it, please, for the stenographer?

B-A-M-A-S-O, last name R-O-D-R-I-G-U-E-C.

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Yes, sir.

All right, please proceed, counsel.

Okay.

So, Mr. Rodriguez, did you hear the testimony that I just gave before this board?

Yes, correct.

And do you adopt what I just said?

Yes.

okay so uh the the picture is pretty much there may be some questions that the board may ask

as to the use of it so we would at this point uh we would open it up for any questions that anyone

may have as to uh these particular two areas so so in the front he basically uh enclosed the porch

and made it part of the living room is that correct yes that's correct right and he did

that without permits yes all right and then he enlarged he enlarged the kitchen with that

bump out addition and then went straight up all right is that just ceiling there

it's the ceiling he didn't went to the second floor that's only a first floor addition that's

right it's the first floor addition but it goes up to the second floor am i correct

um not completely it's only to the first floor all right questions from the board