civus
Hearing video

ZBA Hearing - September 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 18, 20245h 49m

could also touch on um why the signage is important to the client but i also don't want to over you

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to you know over speak the maybe we could go to questions or i'd welcome uh kind of further

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discussion that's fine steven thank you um chairman i just want to lastly bring up um just the letters

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of support that we have um i'll stop my share i guess yeah and as you can tell from the photos

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that were brought up it's important to be able to identify this building it's important to be

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would identify the hotel use of the building and given the bus shelter and other uh mixed use on

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the ground floor it's important that there's visibility so the location that was provided

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by the code doesn't provide any of that and this is the lease modification um to present relief so

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um i just want to share uh these letters of support that we got from your neighbors as well

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just made the effort to make sure that the adjacent buildings that neighbor this and are

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attached not attached adjacent were also in support so in addition to CCRA's letter and

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non-oppositive from council if we could bring on Stephen Ferraro

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to adopt my testimony and then I'm happy to pause for any questions

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sir ferraro steven ferraro is allowed to speak sir could you please state your name and spell

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for the court stenographer absolutely my name is steven ferraro s-t-e-v-e-n last name ferraro

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f-e-r-r-a-r-o we're affirmed to tell the truth the whole truth and nothing but the truth

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yes i do please proceed counsel thank you steven you represent uh 13 sorry 135 south 18th street

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associates lp is that correct i'm the vice president of legal thank you um and have you

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heard my testimony today do you believe it to be true and accurate and would you adopt it as your

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own yes i've heard it and i adopt it as my own thank you nothing questions questions from the

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board. Questions or comments from our attorney, Hillary Emerson? Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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There are no hands, Chair. Planning Commission. This is Ron Bednar, City Planning. The property

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is indicated for a center of city commercial mixed use on the city plan or not the district

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The plan recommends no change to the existing zoning at this location.

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The City Planning Commission believes there are several other approved signs along this building, making the need for more signage redundant and necessary.

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Therefore, we recommend the request for variance not be granted.

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MI 2024, 004-318-135-South 18th Street, I vote yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Cheryl?

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I'm sorry.

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It's okay.

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My vote is yes.

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Council, you have your four votes.

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Thank you very much.

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Number 13, MI 2024-004-343-3405, Walsh Road.

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Hello.

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Alan Nockamson is the attorney.

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There's a letter of non-opposition from Holmesburg Civic Association.

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And also the applicant has 19 form letters of support from neighbors.

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And also, the applicant has 19 form letters of support from neighbors, three from that block.

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Mr. Nockamson.

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Alan Nockamson is returning as a panelist here.

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Alan Nockamson.

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Nockamson, you've already been sworn.

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Can you identify your client and relationship to the property?

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Yeah, my client is AI Management, LLC, the owner and operator, proposed operator of a daycare at this location.

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In the virtual audience is Irena Frackin, its member.

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You stipulate to the reading of the refusal. Do you agree with its accuracy?

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I do.

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Could you share your screen and start your presentation, sir?

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Yeah.

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Hi, so I'm here to present 3405 Walsh Road, Northeast section of Philadelphia.

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This is an RSA 5 property, but looks nothing like it.

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Given its long history of non-residential use, we believe that the proposed use as a

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child care centers appropriate under the circumstances. During our presentation,

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we'll be first reviewing the notice of refusal and a letter of non-opposition from the

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Holmesburg Civic Association. That was a very well attended meeting. It was in person.

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I made the presentation myself. I believe there was like around 15 individuals who voted that

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night. Could have been a little bit more, but it's conservatively 15 individuals. Then we also

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canvassed the neighborhood where my client did. And we have many letters of support from nearby

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neighbors in support of this child care center. Then we'll review maps of the area, photographs

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of the property in the surrounding area. We took photographs of the interior of the property.

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My client intends to put a substantial amount of money into the property to make it a first

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quality class, you know, daycare or child care center. Then maps, excuse me, then our floor

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plans for the property. It's pretty straightforward open floor plan. Then our RCO meeting notice and

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then proof of mailing that notice or applications for appeal that we filed to the ZPA. Deed to

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property showing my client owns the property. Certificate of tax clearance showing they're in

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good standing. And then at the conclusion of my presentation, I would ask that

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Irina virtually raise her hand and be sworn in.

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So a notice refusal is this. This is an RSA5 property. It's the corner

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of Welsh and Crispin streets.

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Actually, the front door is actually leaning on Crispin Street.

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It's a rather large lot, almost 10,000 square feet.

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And we're proposing to put a child care center on this one-story

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structure. If you look at the notes on the notice of refusal, this property has a long history

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of non-residential use. This was previously a meeting hall and a lodge and a catering hall

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as well. Again, we met with the community. They kept it short and sweet, but they're in non-opposition

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to this project. It was a well-attended meeting. There seems to be a significant need for child

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backslash daycare here in this part of Philadelphia. Even one of the board members

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mentioned and stated, oh, I can't wait till this opens because we need to find a good place like

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this here. My client, Irina Fracken, is the one who's going to be the owner and operator of this

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child daycare center. She has almost 20 years of experience in child care and education care.

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She has education in it. She has experience in it. She's currently an operator. It's not an

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operator, but more manages a child care center for a third party. So she's looking forward to

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having her own child care center here. Letters to support, you can see that we limited it to

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like the streets that are adjacent to ours. So Welsh Road,

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Stanwood, which is also behind us on Welsh Road. So you'll see a lot of

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letters signed by individuals who live or occupy properties nearby on Stanwood.

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Craig Crispin. Again, that's the corner of Crispin and Welsh Road.

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And then maps to the area here.

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And then maps of the area here.

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Here we are.

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Here's Crispin.

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Here's Walsh Road.

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Here's Stanwood.

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Those are the addresses we essentially focused our attention on because they're the properties

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that would be most directly impacted by this proposed use.

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There's a high school across the street, Father Judge High School.

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And then you can just see this from a Google Maps perspective as well.

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And then photographs of the property. This is our property from Crispin Street. These are the front steps that would lead into the child care center.

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This is our property from Welsh Road. Again, this is more the playground area here that we hope to develop.

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And then here's our orange notice posters from both Crispin as well as Welsh Road, showing proof of posting at least 21 days before today's hearing.

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uh here's a side yard which will have a be alternative like play area uh for the kids

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and then here's like where you saw uh you know in the pictures on welsh road that we showed

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is is a closer view of that side yard as well and then this is welsh road to the right of the

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property to the left of the property crispin street to the right of the property crispin

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street to the left of the property. Interior photographs, again, more of an open floor plan

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currently, needs a lot of TLC, has been vacant for some significant period of time. We're trying

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to activate this corner of Philadelphia. During the meeting, it was discussed that they would

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definitely like to see it be better lit, which we will definitely do. It had cameras because I guess

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there's been some issues on that corner in terms of crime. And just the landscaping in general,

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like to improve that landscaping, which we hope to do. It does have a commercial kitchen. It

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vents through the roof. So this is an existing kitchen, which we'll obviously use, you know,

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for our childcare facility. And then here's just pictures of the bathroom, the existing bathroom,

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which obviously we're going to completely, you know, clean up.

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And then these are just our floor plans.

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So if you look at it, this is the property from Crispin Street.

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You go through the front door.

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There's an office here, a little reception area.

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And then these are the different classrooms.

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Here's one classroom for the younger kids.

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It's about 50 students in total.

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We're planning to have 10 to 12 teachers, five staff members, including maintenance, cooking, and management on site, our hours of operation for 7.30 a.m. to 6 p.m.

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But this is the first classroom, and this is where the infants or the babies would stay.

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You also notice that each of the rooms have a separate emergency fire exit, which was obviously important to not just us, but the community in general.

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But this is a 360-square-foot classroom or room for the babies.

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Classroom number two is 1,000 square feet.

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And we expect to have, again, older kids, one to three years of age.

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And then classroom number three, which is 800 square feet, would be three to five years of age.

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RCO meeting notice.

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We met with the community just recently, September 10th at 7.15 p.m.

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We also emailed that notice to the RCO as well as Stan, the zoning aid for the council member.

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You know, what we emailed them was proof of sending out the notice, and we sent it out to 83 addresses.

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These are a list of addresses.

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This is the proof of mailing to those addresses.

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This is our application for appeal that we filed on my client's behalf, along with the

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notice of refusal and the project information form, deed to property showing that my client

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owns the property, as well as finally the certificate of tax clearance.

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So I'm going to stop sharing my screen for a second.

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I would ask that Irina virtually raise her hand.

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I don't see it. I'm going to look for her. Sorry.

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Irenna is allowed to speak.

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Irenna, could you please state your name and spell for the court's sonographer?

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Irina?

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can you hear me now i can could you please state your name and spell it for the court

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stenographer uh irena i r i n a f r a d k i n right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do please proceed counsel yes irena you heard

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everything I had to state today about your zoning matter? Yes. Is it true and correct? Yes.

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And do you adopt it as your own testimony? Yes. And in particular, you know, I just want to make

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sure that the board understands, like, you have almost 20 years of experience in child

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care and education. Is that correct? Correct. And you currently operate, you know, for someone else,

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a child care facility in the region is that correct correct and um and that child care

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facility is how many kids currently 180 and you're looking to put around 50 kids in this facility

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for yourself yes all right thank you all right questions from the board

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i have a question how many full-time employees are going to be on site at the facility

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Yes, and Irina, correct me if I'm wrong, and I apologize if I am, but according to my notes,

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there are going to be 10 to 12 teachers, and there are going to be five staff members,

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which will include someone who's part of maintenance, someone who's going to help with the cooking,

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and then management, which would be Irina.

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Correct. According to the state regulations and according to the age of the kids.

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So infants is one teacher pair of four kids, and then one is five to one, and everything is according to the state.

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Okay, so I guess my subsequent questions then are around bathroom facilities, break facilities, and parking for employees.

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I just was looking at your plans, and one, it seems like there's a lot of single-use bathrooms and not ones that are typical for daycares where they're, like, training bathrooms for kids.

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I know most daycares have those as separate facilities and I think too just wondering what

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is the thought and plan for parking given that it is an RSA 5 single family home district to have

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both that number of employees on site as then as well as parents doing pickup at a corner

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intersection during busy times of the day across from a high school and just wondering if there

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were any parking or traffic considerations so yeah so we actually discussed it with the community

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um from their experience there's not much traffic concerns the the high school is further down um

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like across the street is more of the park area but the actual physical facility for the high

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school is a little further down um so they actually even referenced it that that's like

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a dead corner over there there's not much activity there um and then you know again

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Irina has managed a facility much larger in scale than where it currently is, you know, so she's very familiar in how to, you know, navigate the pickup and drop off, you know, there'll probably be a few waves in the morning, like, again, Irina, correct me if I'm wrong, but I remember you saying from like 730 to 930, you usually have the initial wave of drop off.

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and then you know you have the the wave you know in the for the pickup um you know where it's

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probably going to be anywhere from four to six but not everyone does it at the same time it

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usually comes in those waves is that correct irena yes this is correct and in front of the

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building there's a big uh grass area with a lot of parking over the weekends they have a lot of

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sport games coming or people coming different states and there's plenty of parking on those

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streets and there's no traffic yeah and then um i i would defer to you irena to discuss um what

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board member wind stated about the the bathrooms um can you can you explain how you you're uh

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you're putting together the bathroom plan for the kids as well as the staff members

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uh it's going also to be according to the ratio that the state requires and for the teachers

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there's a separate bathroom with the door, closed door.

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So there's plenty of room in there.

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It's a pretty spacious bathroom.

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There are two of them.

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So we can separate men and even bathrooms with no parents.

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Did you fade off?

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i'm sorry i mean how about the i i think the question was the bathroom for the children too

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I'm sorry?

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I mean, how about the, I think the question

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what are you going to do for that we are going to place small toilets for the kids and uh younger

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kids they don't use the bathroom because they still have pumpers so for infants and young

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toddlers you don't need the bathroom the only age that uh are going to the bathroom are older

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toddlers that are party trained so it's close to three years old and the preschool kids which is

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like going to be um if there is 50 so it's going to be around like 20 kids

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uh so it should according to the state regulation it's played

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