[0:00] meeting is now called to order [0:03] if everyone would please rise and take [0:05] the flags [0:10] i pledge allegiance to thank the united [0:13] states of america and to the republic [0:15] for which it stands one nation under god [0:19] indivisible with liberty and justice for [0:22] all [0:32] i'll just come up here [0:57] am rosario hi deanna rosario do solemnly [1:00] swear you seldom swear that i will [1:02] support and maintain that i support and [1:04] maintain the constitution and laws of [1:06] the united states constitutional laws in [1:08] the united states and the constitution [1:10] and laws of north carolina [1:12] and a constitutional laws in north [1:14] carolina not inconsistent there with not [1:17] inconsistent there is and that i will [1:19] faithfully discharge and that i will [1:21] faithfully discharge the duties of my [1:23] office my duties in my office as a [1:25] member of oatmeal's board of adjustments [1:27] so [1:28] as a member of oatmeal's board [1:31] so help me guys so how many guys [1:36] i did [1:37] oh [2:12] um [2:55] sure [3:01] [Laughter] [3:08] all right dan uh you up if you're ready [3:11] give me one second [3:12] restarting okay [3:32] everybody doing tonight [3:35] good good [3:38] i have one right here thank you i guess [3:52] everything always picks the worst time [3:57] murphy's law um [4:21] so [4:47] all right [5:09] second [5:10] i'm sorry [5:49] some technical difficulties [6:31] uh [6:40] um [6:54] so [7:08] right [7:19] so [7:41] all right you good [7:44] um [7:58] [Music] [8:08] one second [8:20] uh [8:38] you can't get my presentation [8:42] you can't see the screen from what [8:44] you're looking at now [8:46] okay [8:47] that's not the screen of the [8:49] presentation on are we doing uh [8:52] we do the training [8:56] [Music] [9:06] a refresher on the standard here [9:11] ultimately if you have if [9:15] they have the entire presentation [9:17] printed out for them [9:19] so you can just let me do [9:35] and i have shared the screen so if you [9:37] click at the bottom it says share screen [9:39] you should be able to see what you're [9:40] looking at [10:02] well they have it in front of them okay [10:06] all right y'all hear me okay [10:08] yes yes [10:12] everybody hear me yes yeah [10:14] okay great [10:15] all right so i know it's been a long [10:17] time first of all sorry that i'm remote [10:20] coded right now [10:22] uh so i couldn't be there in person and [10:24] then sorry for all the technological [10:25] issues my computer shows up [10:31] so as as you all know [10:32] uh we've met [10:34] previously but um it's been quite a [10:36] while since we've had a board of justice [10:38] hearings [10:40] uh so just before we get started with [10:42] the substantive uh case before us [10:44] tonight reminder on the [10:46] uh rules and procedures for board of [10:48] adjustments [10:50] um [10:52] as you all are as you all may recall [10:54] this is what is known as a quadratic [10:55] judicial board [10:57] and what that means is this is [11:00] sitting as like a judge would get [11:03] uh in court [11:05] you're you're taking back to [11:07] define legal standards who goes back [11:10] making determination as to whether the [11:12] applicant [11:40] land use that is [11:42] allowed within the town of hotels but [11:44] only by special use permits so it's [11:47] used that we are [11:49] you can [11:50] do this uh but only in support of [11:52] adjustment agreed that it is [12:09] the chair of me and i understand we have [12:11] to have a temporary chair if we uh [12:14] had the board uh vote to elect the [12:16] career in care [12:19] not yet [12:21] so in a few minutes we'll need to do [12:23] that to proceed uh because current [12:25] chairs uh [12:28] expired and we'll need to reappoint them [12:31] because everyone serves with three-year [12:32] terms so we need to have a five-member [12:34] board [12:35] so [12:36] in just a few minutes you'll vote to [12:38] have a temporary um [12:42] chairperson and then that person will [12:44] sort of run the meeting [12:47] and i'll be happy to assist with that [12:48] but the way the way it runs is you've [12:50] got an applicant here [12:53] who's [12:54] soon present for the meeting [12:56] may be represented by council [12:59] there [13:01] their verdict is to come in and show you [13:03] that they are entitled [13:05] to a specialist permit [13:08] as [13:09] the board of adjustment your job is to [13:12] elicit the facts and testimony necessary [13:15] to make a determination [13:16] as to whether the four criteria for [13:18] special permanent or medic [13:20] if they are met then you do rest but [13:23] then you should grant specialties permit [13:25] if they are not met [13:27] then you need to document why [13:30] which element is not met and why it is [13:32] not passed ultimately is the burden of [13:34] the applicant to prove that they meet [13:36] those four standards [13:38] your role as a board member and an [13:40] important adjustment is to elicit the [13:42] testimony necessary to make that [13:44] determination [13:45] or if there's questions about something [13:47] that the applicant has presented or [13:49] someone believed in opposition to this [13:50] but she's permanently presented to ask [13:53] those questions so that you have the [13:54] knowledge base to make the decisions now [13:57] everything that you use to make a [13:59] decision and acquire that judicial [14:01] hearing has to come from the hearing [14:03] itself so anything that you may already [14:05] know [14:06] or may have heard about this project you [14:09] can put that out of your mind i don't [14:10] think that's going to be an issue here [14:13] but you need to make your decision on [14:15] whether the permit is granted or not [14:19] only on the facts presented to you [14:21] tonight that are part of the record in [14:23] this case the record in this case is [14:25] what will be presented [14:27] during the hearing testimony any [14:29] documents that may be presented [14:32] i don't know that this will be an issue [14:34] tonight but certain testimony requires [14:36] an expert opinion [14:38] for example traffic impact [14:41] things that would be within the realm of [14:44] something only a [14:46] um [14:46] an expert would [14:48] have knowledge of [14:50] so effect on property values [14:54] traffic study analysis those types of [14:56] things and as we as we get through the [14:58] hearing if any of that comes up i'll [15:00] flag that for you that's probably with [15:02] our expert testimony [15:04] and that's that just means you know you [15:06] can't consider late testimony is just someone coming in [15:09] and saying i think this is going to [15:11] affect my property values [15:13] um [15:15] you need someone who is familiar with [15:17] the field of real estate you could [15:20] testify that how it might affect [15:22] property value [15:24] likewise um [15:27] so [15:29] as as we go through tonight um [15:32] you know i'll i'll make sure that we're staying within the balance of [15:35] testimony that we are allowed to have at [15:37] this hearing [15:39] and if anybody does have questions about [15:41] a piece of testimony or evidence of the [15:44] appropriateness of that [15:46] just let me know [15:48] and we'll make sure we [15:52] proceed the right way [15:54] so [15:57] as i said the issue tonight is [16:02] a special use permit [16:05] the four criteria for special needs from [16:08] nesting on one second [16:10] hey dan i have that at the um [16:13] back of my uh [16:15] you guys have this yes yeah they have [16:17] that in there as well i mean if you want [16:19] to explain to them that's fine [16:30] uh [17:03] things like that because [17:05] that's not what's before us tonight um [17:07] dan what'll probably happen is um [17:10] now that we've concluded the ethics [17:12] training there are privilege in the [17:14] elect officers but when i do a quick [17:16] presentation on the case the slides that [17:19] i provided for them the four criterion [17:22] for the special use is at the back of [17:24] that and there may be some discussion to [17:26] make sure they clarify [17:29] the specific particular criterion um at [17:32] that time so i think the training that [17:34] you just gave is sufficient so we can [17:37] discuss this later when that's when we [17:39] get to that decision [17:42] if they need clarification [17:44] did any member of the board have any [17:46] questions at this point on on what we're [17:48] doing tonight or how we're going to go [17:50] about doing that [17:51] i do not no they said no there was one question [17:56] hello we got one question hold on a [17:57] second i'm sorry i may be jumping ahead [17:59] but [18:00] this whole special use permit is because [18:02] the current zoning codes don't allow for [18:05] daycare i'll give you updates or is that [18:07] am i jumping ahead no no perfect [18:09] question it's in the presentation i'm [18:11] getting ready to give and it'll make all [18:12] the sense world [18:14] all right i think that's it dan uh jane [18:17] you want to move to the rest of the uh do we have a volunteer for a vice [18:23] chair [18:33] and i think what jane is saying is [18:35] until you elect officers the um mrs [18:39] hamilton would just preside over this [18:41] meeting in the union so we wanted to go [18:42] to the motions and seconds for that one [18:46] well technically she just and correct [18:48] for wrong jane and dan [18:50] mrs hamilton will take us through item [18:53] three which is approval of an agenda the [18:55] election of officers [18:58] y'all didn't approve that [19:00] okay so we're at the election of the [19:02] chair and vice chair [19:04] ultimately you make that decision and [19:07] whoever is chosen at the chair and they [19:09] take over the rest or do you just leave [19:11] miss hamilton to finish to me my [19:12] suggestion is that tonight we'll like [19:15] elect a vice chair [19:18] and then once miss uh [19:20] crater is receded then we can [19:27] so we just elect the vice chair tonight [19:30] yeah that's if dan thinks that's [19:33] appropriate [19:34] and dana did you catch that [19:36] i [19:40] ultimately mrs hamilton has volunteered [19:42] as vice chair but with the issue of mrs [19:45] craver [19:46] um i think miss hamilton we would [19:49] ultimately let her preside over the rest [19:52] of the meeting but they're gonna [19:54] nominate a vice chair tonight and then i [19:57] guess they wait until no [20:00] i'm saying [20:01] miss hamilton would be [20:03] the vice chair [20:05] then at the next meeting we [20:08] can [20:09] do the whole election okay so so mrs [20:11] hamilton is volunteers vice chair she [20:13] proves out over this meeting his vice [20:15] chair and then at the next particular [20:17] board of adjustment meeting we just have [20:18] the [20:19] election of the office yeah i think that [20:22] worked okay okay [20:24] uh does anyone have any comment [20:28] no just because i was gonna make a [20:30] motion tour okay [20:44] the second about mrs gaston [21:01] yeah uh next on the agenda is uh the [21:04] approval of the minutes [21:06] we did that already oh yeah i did that [21:08] all right i guess next i'm up um [21:11] the public hearing uh i'm reading from [21:13] this particular document now [21:16] and this is the official public hearing [21:18] this is for a board of adjustment case [21:21] and it's a request to consider a special [21:23] use permit to allow a daycare facility [21:26] in a rr rural residential slash cz [21:30] conditional zoning district this is case [21:33] p 22-01-hm [21:36] on august 29th 2022. if you flip to the [21:39] second page [21:41] um just the background information the [21:43] applicant again is seeking a specialist [21:45] permit to open up a daycare facility [21:48] inside of an existing recreational [21:50] facility if you recall [21:52] or if you're not sure the tj robertson [21:54] life center is open [21:56] as a [21:58] recreational facility the site is 10.0 [22:01] acres in size [22:02] but this is the key that's tied to mrs [22:05] gaston's previous question [22:07] the reason why there is a zoning case [22:10] zng-009 [22:13] because this site is zone rr slash [22:17] conditional zoning and when she [22:19] initially got the conditional zoning [22:21] approval a couple years ago [22:24] she was specifically ironed in to the [22:27] uses that she submitted with the [22:30] application at the time two years ago [22:32] and it was just generic uses so when she [22:35] wanted to actually add daycares as a use [22:38] because daycares was not listed in the [22:41] list of uses she wanted under the [22:44] initial conditional use approval she had [22:47] to go through the process again to add [22:49] daycares in as a permitted use [22:52] she's here today because our zoning [22:55] coach says that the only way you can [22:57] approve a daycare is by a special use [23:00] permit so the case that i'm referencing [23:02] again this is [23:05] zng00922 that was approved on july 18th [23:08] was just our board of commissioners [23:10] giving her the approval to have daycares [23:14] as a permitted use on this conditional [23:17] zoning with them knowing that in order [23:20] to approve the daycare she would have to [23:23] come through to you guys so that's why [23:25] she's here today but that's why that [23:27] reference case is in your staff report [23:31] um [23:32] next page it provides you with just the [23:36] zoning of the property and surrounding [23:38] zoning you see the properties to the [23:41] south or zone rr [23:44] the property of directly adjacent to the [23:47] subject property is developed with the [23:49] religious facility [23:50] and so basically you have mainly almost [23:53] 100 percent residential uses around this [23:55] particular property [23:57] the next page it outlines the [24:00] southwest plan the southwest plan calls [24:03] for medium density residential and [24:05] suburban residential um you'll find that [24:09] to be useful when you get to the back [24:11] page because one of the last criteria [24:13] speaks about the land use plan that's [24:15] the reason why i have that in here um [24:18] the next couple of video slides you see [24:21] are just the site [24:22] photographs i'm not sure if you guys had [24:24] a chance to visit the site but this is [24:26] the existing facility it's 50 000 square [24:29] feet um and i want to make sure i point [24:32] out whatever is going on at the facility [24:34] right now as a recreational center [24:36] that's really not what you're [24:37] considering you're considering if a [24:40] daycare center is suitable to be [24:42] operated inside of it she's not [24:44] constructing anything on the outside [24:47] this will basically be a complete [24:49] internal operation and so i don't think [24:52] you'll see anything different than what [24:53] you see out there now it just means that [24:56] somewhere in that building she's going [24:58] to operate a daycare now in full [25:00] disclosure she's also going through [25:01] inspections to go through the proper [25:03] process for permitting and things of [25:05] nature but she has to get disapproved [25:07] first [25:08] if you go to the last sheet [25:11] what i have on here um this is directly [25:13] out of general statute in order to grant [25:16] a special use permit the board of [25:18] adjustments must find the following and [25:20] i'll read them out [25:21] into the record [25:23] a that the use will not materially [25:25] endanger public health or safety [25:28] second the use meets all required [25:30] conditions and specifications [25:32] third the use will maintain or enhance [25:35] the value of adjoining or budding [25:37] properties or that the use is a public [25:40] necessity and finally that the location [25:43] and character of the use will be in [25:45] harmony with the area where it is [25:46] located in this generic general [25:49] conformity with the towns of dr lange's [25:52] plan i put that on the previous slide to [25:54] show you that it is in compliance with [25:56] the lanes plan knowing that that was [25:58] going to be mentioned in the fourth [26:00] criterion um and then correct me if i'm [26:03] wrong i have in bold a four-fifths vote [26:06] is required to grant a variance but all [26:08] other actions by the board of [26:10] adjustments are just requiring a [26:12] majority vote is that correct [26:15] that's correct that tonight is just a [26:17] simple majority simple majority vote so [26:19] just to clarify if this is a variance [26:22] they would have to get four out of five [26:23] of you guys to vote approval but because [26:26] it's a species permanent a simple [26:28] majority would ultimately grant the [26:30] approval um then also just for [26:32] clarification do does the applicant have [26:35] to show [26:37] support for all four criterion for a [26:40] special use permit like a variance or is [26:42] it [26:44] up to the discretion of the board [26:46] well the board has to find that all four [26:49] of those that's what i'm asking so what [26:51] i'm clarifying is all for these [26:53] criterion you would have to find that [26:56] she meets all four of these [26:58] before we can ultimately grant that [27:00] majority approval um that concludes my [27:03] presentation in terms of the finest [27:05] effect i like to open up the floor to [27:07] any questions that you guys have for [27:10] myself or the town clerk or the town [27:13] attorney [27:17] that's it for the presentation because [27:20] that's why i said typically for [27:21] quasi-judicial the only thing i can do [27:24] is tell you the facts of the case i [27:25] can't give you [27:26] an opinion about it i can't tell you [27:28] what you should or should do i typically [27:30] would give a very [27:31] lengthy recommendation but [27:34] because the decision of the like mr hot [27:37] sauce said that your decision is based [27:39] on just fondness of facts and testimony [27:42] that's what you have to rely on and what [27:44] you're ultimately [27:45] deciding is if this facility the way it [27:49] exists now [27:50] do you think a daycare center suitable [27:52] on the inside that's ultimately what their request is i think he's [27:56] asking if anybody has any questions on [27:58] the four factors i do [27:59] for that [28:01] i mean i don't see how c is meant [28:06] a public necessity [28:09] i think that's just a matter of and dan [28:11] craven for wrong with a daycare center i [28:13] don't know if [28:15] any daycare would be a public necessity [28:17] per se that's more of a [28:19] i guess more european [28:21] you know if you look at the criteria [28:23] where we're trying to see if it meets [28:26] whether it is the public necessity is [28:28] not on the list [28:30] so you know we need to find that it is [28:32] it won't endanger public health [28:35] that is going to maintain or enhance [28:37] value of property around it [28:40] but it doesn't need to be so we don't [28:42] need to decide if well we need a daycare [28:45] center [28:46] or we don't need anything [28:47] that's not really what [28:50] your your job tonight is solely to [28:51] determine these four factors [29:00] okay i have a question [29:02] this [29:04] proposed daycare this is for school-aged [29:06] kids before after school [29:09] off school daycare it's not going to be [29:11] like infants and [29:12] toddlers from my understanding of school [29:15] age um kids [29:16] from my i think uh [29:19] i'm not mistaken she might have it in [29:21] her application so you mean just after [29:23] school care and not like a full day care [29:25] from 0 to 12. hold on a second it has it [29:28] here it has before and after school [29:31] it says before and after care for kids [29:33] that's in the in this one the agenda yes [29:36] in the uh phase 3 of the application [29:40] it does say pretty much [29:42] full day care but it does say [29:45] it doesn't say school age or infants it [29:47] just says for kids [30:04] i would say if it says school before [30:06] after school i would [30:08] probably consider that school age but [30:10] and what about summer programs [30:15] she has summer camp in here [30:18] they already do that yeah and i think [30:20] they are already doing that so so this [30:22] is basically just an expansion of what [30:23] they already do [30:26] as a recreation center [30:28] i wouldn't say just an expansion because [30:31] the state based on what she's moving [30:33] with this is will be on approved daycare [30:36] with the state so [30:38] some of the activities that she does [30:40] with kids may be increased but for what [30:43] she's asking for this evening there is [30:45] going to be an officially state approved [30:47] daycare operation um i do think that [30:50] some of the services that a child [30:54] participates in daycare may [30:56] be similar to what typical summer camp [30:58] activities are [30:59] but i wouldn't call it an extension of [31:02] summer camp um it appears that there are [31:05] some activities she's going to be doing [31:06] with kids that do fall under the strict [31:08] specific [31:10] requirements of what the state regulates [31:12] as a daycare [31:15] do we know had any of the neighbors had [31:18] any objections [31:19] no [31:20] based on the general statute we do we [31:23] did send notices out to all adjacent [31:25] property owners [31:26] and i want to make sure i'm clear as [31:28] well this has been [31:31] discussed for about three months because [31:34] if you recall she had a two-month [31:36] process from the zoning which was [31:39] planning board and board of [31:40] commissioners where at that public [31:42] hearing it was notified that she's [31:44] pursuing this zoning action because she [31:47] wants to add a daycare so i will say [31:50] that not only was this particular [31:53] special use permit [31:54] hearing advertised that sign has [31:57] probably been up on that property [31:59] advertising the two-month period of [32:01] rezonings as well and so if you looked [32:04] at our [32:05] zone of signs [32:06] we're trying to [32:08] get a little snazzy with technology our [32:10] zoning signs have qr codes on them so i [32:13] don't have to go get the zoning case [32:15] printed on every sign you take your [32:17] camera and you point it at the sign it [32:19] runs it straight to a public hearing [32:21] pending public hearing agenda item so [32:24] the public agenda item for the rezoning [32:27] case has been [32:29] pretty much on uh our website since [32:32] probably june [32:34] and that's the case that listed she's [32:36] pursuing a daycare center here this is [32:39] the approval of the daycare center so i [32:41] would surmise that the general public at [32:44] least in the surrounding neighborhood [32:45] because we had to send notices out to [32:47] adjacent properties for the rezoning [32:49] case and this particular case to answer [32:52] the question i would surmise that in my [32:54] opinion they probably are aware i'm not [32:57] i haven't received any phone calls in [32:59] any opposition [33:01] but at least i can say that sign [33:04] notifications letters and on our website [33:07] it has been up for quite some time at [33:09] least two months [33:11] this will be the third month because [33:13] the approval of the rezoning was on july [33:16] 8th [33:17] um and then we had to wait a while to [33:19] get a date to actually uh [33:22] um be within your your schedule as well [33:25] so i would say [33:27] since june has been the time that we [33:30] were probably advertising um probably [33:32] earlier than that because [33:34] the [33:34] town of oatmeal's border commissioner's [33:36] approval was in july 18th the planning [33:39] board approved was the month prior to [33:41] that [33:42] most daycares have outside facilities [33:44] for the children is that already there [33:48] our ordinance only says that if you have [33:51] a playground it has to be enclosed with [33:53] defense it does not require a playground [33:56] we haven't gotten any indication from [33:58] mrs robinson that she's doing anything [34:01] on the exterior of the site [34:04] to submit the site plan that she made in [34:06] submitting an application is the same [34:08] site plan that she used so that's why i [34:09] said from what has been presented to [34:11] staff this appears to be an internal [34:14] operation if you've ever visited the [34:16] site there's so much [34:18] there's a lot of activities inside the [34:20] building and so i'm not [34:22] sure if that factored into why she's not [34:25] going to have a playground but she does [34:26] not [34:27] have one [34:28] uh submitted with the site plan that [34:30] gives us the [34:31] impression that there's any activity [34:33] that's going to take place [34:54] i think you can discuss if you got any [34:55] questions for us or you got a question [34:56] for each other [34:58] and then i guess somebody makes a motion [35:00] at some point is there anyone here [35:01] that's going to present their case um and dan craft i don't think the [35:06] applicant has to be present um yeah yes [35:10] so who's the advocate that want to [35:12] present [35:13] testimony that's fine uh then you just [35:16] make your decision based on the [35:18] documents that are in the record okay [35:20] yeah [35:22] so there's nobody here that [35:23] will speak against her for [35:26] basically there's nobody here in support [35:28] or in opposition um which is typical [35:31] with public hearings um [35:33] but if there are questions that you [35:35] specifically have for her that's not in [35:38] the documents you have to record that [35:40] would be a challenge but as of right now [35:43] if that does if that is the case if you [35:45] do have questions that aren't answered [35:48] by the evidence currently in the record [35:50] and you need testimony from the [35:51] applicant or someone else [35:53] in order to make your decision [35:56] then we would have to probably uh [36:00] you know [36:01] reconvene [36:03] and ask that uh the applicant be [36:05] president yeah so that's a deferral if [36:07] you feel that there's an answer that you [36:10] need that is gonna determine the vote [36:14] yes or no [36:15] then i think what he's saying is you [36:17] could possibly uh postpone or defer the [36:19] case so that she can [36:22] answer your question directly or if you [36:24] feel that the documents and the [36:26] information that you have this evening [36:29] is sufficient enough for you to make [36:30] that evaluation or that determination [36:33] then you proceed accordingly i do have [36:35] some questions um [36:37] how close is the nearest residential the nearest housing [36:42] is there a [36:43] um [36:44] it's like a distance [36:46] yeah a neighborhood close to the [36:48] building or is it out there where [36:50] there's nobody around it i will say [36:52] uh if i'm on the building side of [36:56] black's bridge there's a church if i'm facing the building there's a [37:02] church on the left-hand side there are [37:05] two single-family houses on the [37:07] right-hand side [37:09] and then across the street there's a [37:11] whole neighborhood okay so i think the [37:14] neighborhood is called blackbridge [37:15] village [37:16] and i think steeplechase is on the [37:18] backside of that across the street [37:21] but right beside it there is a [37:23] pretty large church on one side [37:26] and [37:27] i wouldn't call it a heavily wooded area [37:29] it's not a neighborhood on the other [37:31] side but there are two houses [37:33] on that side i would say most of the [37:35] residential development that you see [37:38] is probably across the street i wouldn't [37:40] say there's a significant amount of [37:42] resident development within the [37:43] close confines on the same side of the [37:46] street okay because this says that it [37:48] will operate from six in the morning [37:50] until six in the evening [37:51] um so i'm just asking these questions [37:54] because of maybe a noise issue [37:56] um if they're going to have recreational [37:58] activities you're adding an additional [38:01] however many children that are going to [38:03] be there so is this going to create a [38:05] noise issue with the neighbors um that's [38:08] kind of where i'm going to just know [38:09] it's traffic transportation right into [38:12] the day and people lining up on the [38:14] street i mean i see that the parking lot [38:17] is extremely large [38:19] um but if you got a lot of recreational [38:21] activities going on you got people [38:22] coming and going picking up kids [38:25] so that could become an issue i would [38:27] say um [38:29] just and i'm not the advocate but just [38:31] surmising what has been presented to me [38:34] i would say that i think the building is [38:36] sufficient enough to handle the [38:38] operation internally [38:40] she hasn't indicated to me what the [38:42] number of kids are [38:45] i didn't get an indication where it's a [38:48] large and considerably large [38:50] number of people um typically what we [38:53] look for is the parking and the parking [38:55] calculation is one space for [38:59] i think [39:00] three [39:04] parking calculation is [39:10] two parking spaces plus one off street [39:12] parking space for each employee [39:15] and so um [39:18] i think it's more of a judgment call we [39:19] don't have any information that tells us [39:21] how many children that she's targeting [39:23] to deal with during the day so i do [39:25] think that's a valid question i guess [39:27] your question would be [39:29] do you think that [39:30] the day care center operation at the [39:34] same time as the recreation facility [39:36] operation [39:38] will push [39:39] this facility to the point where it [39:41] wouldn't have adequate parking from what [39:43] you have now that's the question that [39:45] you ultimately have to determine but i [39:48] don't see anything in my application on [39:50] what has been submitted to us [39:52] it would help to know like if they have [39:54] a half of the building dedicated for [39:56] child care or one big room dedicated for [39:59] child care or however they're going to [40:01] do that so that would give them them as [40:03] well as us an approximate idea of how [40:05] many people are going to be in that [40:07] facility any i will say if that is that [40:10] is the question i will say from my [40:12] conversations with the chief building [40:14] inspector because right now [40:15] she's having to deal with them because [40:18] what no matter where you put this in the [40:20] building you're going to have [40:21] um exit fire hydrant i meant fire exit [40:25] issues and things that you may have to [40:26] alter the building to do [40:28] and so from my [40:29] uh [40:30] conversations and meetings with them and [40:33] the applicant and the [40:34] chief building inspector it appears that [40:36] a small room or small section of the [40:39] interior piece would be used it does not [40:42] appear to me to sound like half of the [40:44] entire facility will be utilized it [40:47] sounds like she's trying to find a small [40:50] area or room within the existing portion [40:53] that she would have to alter to steal me [40:55] the building code but that's what it [40:57] appears to be centered towards [41:00] that's still an intimidating number of [41:02] kids [41:03] but it does indicate to me that it [41:05] appears that she's want to utilize a [41:07] small portion of the building not the [41:09] entire facility [41:10] i do have a question for that playground [41:13] if she wants that playground will she [41:14] have to come back [41:16] and do this again no the playground [41:19] simply says in our code if you do have a [41:22] playground it just gives parameters on [41:24] the construction of that playground so [41:26] if you go back to the far end and i'm [41:29] just telling you why i don't think that [41:31] she's going to have one [41:33] if you go to the far end of that site [41:36] that's the only portion of the site [41:37] that's not pavement [41:39] the entire front and other uh front and [41:43] left right side of the entire facility [41:45] is paved the other side of it is an [41:47] adjacent property so if i were just [41:50] looking at analysis [41:52] analyzing the site i would say the rear [41:54] would probably be the only area that she [41:56] could put something the reason why i [41:58] don't think that's practical is because [42:00] that's the rear entrance on exit to the [42:03] biggest gym that they have [42:05] so you'd be running a a playground out [42:08] of the gym [42:09] the way the code reads the playground [42:12] has to be accessible from an interior [42:13] classroom [42:14] so i don't think that that portion of [42:17] the building would be sufficient for a [42:18] playground either that may be why she's [42:21] not proposing one if she does propose a [42:25] daycare she wouldn't have to come i mean [42:27] propose a playground she wouldn't have [42:29] to come back to you guys to get an [42:30] approval on the playground she's going [42:32] to meet the building code on where she's [42:34] putting it and the accessibility to it [42:37] so she still has to meet the building [42:39] code but the playground wouldn't have to [42:42] come back to you guys for approval i [42:45] just think based on the me looking at [42:47] the building looking at the site and the [42:49] layout of the building [42:51] i don't see where she could put one [42:52] outside if she does do one she has to be [42:55] the building code [42:56] that street is it a two-way street black [42:59] bridge yeah yes okay and we is she gonna [43:02] have someone or do you know if she's [43:04] gonna have someone out there to direct [43:06] traffic control once pickup starts at [43:08] six because [43:10] and i can't i'm trying to picture it but [43:12] having that traffic backed up so the the [43:15] parents can come in and pick up the kids [43:17] is someone going to be there controlling [43:19] that traffic i would say um in terms of [43:22] it's two different [43:24] levels to that answer when dlt approves [43:27] a facility of this magnitude they [43:29] require what we call a deceleration lane [43:32] if it gets a big a much bigger they are [43:34] going to require stop lights and things [43:35] that nature so dlt did require the [43:38] installation of a deceleration lane for [43:40] this facility and what that is is if you [43:42] have traffic coming this way and traffic [43:45] coming this way on blackbridge road and [43:47] cars start to back up there's a separate [43:49] dedicated lane [43:51] that you can pull into they just gives [43:53] only access to this site [43:55] so that's the answer to the [43:57] car stacking up on blackbridge if we're [44:00] talking about dropping off directly in [44:03] front of the building [44:04] because of the topography if you go to [44:06] the site it's very steep [44:08] sloping topography so i would surmise [44:11] that the drop-off area is probably going [44:13] to be well off of blackbridge because [44:15] you're going to probably have to turn [44:17] into the site and drive a condition a [44:19] pretty considerable distance to get to [44:21] the building [44:22] and that's probably where i would [44:24] surmise that you're going to have kids [44:26] being dropped off i don't you're not [44:27] sure on that [44:29] i don't see how you would do it in [44:31] blackbridge because [44:33] at least i probably i wouldn't [44:35] um i don't anticipate if you go to the [44:37] site [44:39] i don't see how anybody really listens [44:41] to me would want to drop off on [44:44] blackbridge because of the way the site [44:46] is set up you would have to turn onto [44:48] the property and drive around through [44:50] the property to get to the building [44:53] that's where our surmise would probably [44:55] be your safest location [44:57] this would be monday through friday [44:59] um yes from my understanding [45:02] the site photo the view of it it looks [45:05] like there might be multiple entrances [45:07] into the parking lot the various [45:10] the only interest [45:11] to the parking lot is there are [45:14] different access points around the [45:16] parking lot but there's only one [45:18] entrance to the parking lot off of black [45:20] ridge road [45:21] so there's areas where if you turn in [45:24] off of the street [45:26] you can [45:28] kind of keep straight to a parking area [45:30] where they have bus bus parking and then [45:32] you can make a left to because it's [45:34] almost like a detention pond in the middle of the [45:38] site that you can go around but there's [45:40] only one entrance to and from the [45:43] property of black people and flax bridge [45:45] right now is still just two lanes [45:46] there's not a turning lane [45:48] uh it's it's two lanes in one direction [45:50] and then there's a dedicated [45:52] deceleration lane that was put in [45:55] as required from the d.o.t since the [45:57] erect [45:58] since this building's been erased yes [45:59] okay i haven't been down there in a [46:01] while yeah and not much farther from [46:03] there are they doing [46:04] work for 292.95 they've changed the area [46:07] tremendously they got three roundabouts [46:09] further down 295 is dumping out there [46:12] but [46:13] what the reason why i say d.o.t comes [46:15] into play when d.o.t was doing the [46:17] evaluation of the recreation center in [46:19] general because it's 50 000 square feet [46:22] because there is concern with traffic [46:25] that's where there are certain [46:26] thresholds of dlt that are triggered [46:29] based on the magnitude of a development [46:31] the lowest threshold is your [46:33] deceleration lane the next threshold is [46:35] a traffic impact study the next [46:37] threshold above that is you're probably [46:39] having to put in stop lights and things [46:40] of that nature and so they determine [46:44] what that threshold is and sometimes [46:47] they see a development that doesn't [46:48] require anything so for this development [46:51] um the approval by dot did require [46:53] deceleration lane and that's all kind of [46:56] been resolved yes [46:59] yeah they needed they had to have that [47:01] in stock before they could get an [47:02] approval from uh traffic impact is one [47:04] of those things that does require [47:06] expert testimony of these things so [47:09] if you believe that that is necessary [47:13] that's a good point that might be [47:14] something that [47:15] you know [47:17] you need to [47:19] really lean on but [47:21] as chancellor said it may [47:34] one of the reasons that i asked about [47:38] the size of the the childcare operation [47:40] is uh that would depend on how many [47:43] children would depend on how many [47:45] people are coming to drop off and pick [47:47] up because they've already got [47:48] recreation and everything in there so if [47:51] it's only maybe 10 or 12 kids i don't [47:54] think it would make that much of a [47:55] difference in the traffic so that's kind [47:57] of why was that that's a very good point [47:59] because if we're talking 10 kids versus [48:02] a couple hundred right completely [48:04] exactly so like i said if they if [48:05] they've already got recreation and all [48:07] kinds of other stuff going on you're [48:09] still going to have a lot of traffic so [48:11] five or ten cars to me isn't going to [48:13] make that big of a difference and again [48:15] we don't have a number of kids the only [48:17] thing i can tell you is the [48:18] conversations that we're having you got [48:20] to understand the magnitude of it [48:22] they're having this conversation after [48:23] we've given the building a co we've [48:25] already approved everything in the [48:26] building for the recreational facility [48:28] so when she's coming back she knows that [48:31] in order to open this in this facility [48:33] she has to do some changes to the [48:35] building to meet the building code to [48:37] meet the state requirements of what any [48:39] daycare would be right and under those [48:41] conversations it doesn't appear that [48:44] she's saying she's taking half of a 50 [48:47] 000 square foot facility for kids [48:50] she's trying to find a small portion [48:52] in that building to retrofit that inn [48:55] that still doesn't give me the number of [48:56] kids [48:57] but it kind of does tell me that this doesn't anticipate from my [49:02] standpoint to be in a very large [49:04] operation [49:07] excuse me i said but we don't know [49:11] so without knowing the number of kids we [49:13] don't know if she's going to have enough [49:14] staff to to deal with all the kids and [49:17] the traffic and [49:19] all the logistics that go with it [49:22] that's a valid question but i think [49:24] that's that comes in what that falls in [49:26] line with your state regulations on how [49:28] many people that that really doesn't [49:30] have anything to do with us because that [49:32] is by the state how many you have the [49:34] qualifications of each they do have a [49:37] very strict set of regulations yeah i'm [49:39] very familiar with it with that and [49:41] that's why i said i do know this is a [49:43] fully functional daycare center because [49:45] we did talk to the state in terms of [49:47] what their requirements were it's very [49:49] strict yeah yeah it's very strict and so [49:52] that still doesn't answer the question a [49:53] number of kids but i think when [49:54] employees a lot of those things are [49:57] regulated and then does she plan to [49:59] expand to where she's gonna be third [50:01] shift opening on weekends [50:04] because then you got to consider the [50:05] church traffic [50:07] i'm not sure [50:12] would that be another hearing if she [50:13] wanted to do that or she would just [50:15] increase with the stuff we don't approve [50:17] the hours of operation [50:19] here's a daycare now when you say third [50:21] shift what would a third shift daycare [50:23] operate as i'm not [50:24] sure yeah they they keep the kids [50:28] overnight [50:29] so eleven to seven [50:31] what she ultimately said here in her [50:33] application was six a.m to six months [50:35] yeah but [50:36] i'm thinking [50:38] later on and she planned on expanding [50:40] and then [50:41] i was thinking about traffic especially [50:43] if she explained it on sundays with the [50:45] church today um dan what i guess would [50:48] you consider if their application says [50:50] the daycare center from 6am to 6pm with [50:54] expanding that to being 24 hours [50:57] overnight would that constitute a [50:58] different type of approval [51:01] that's not [51:02] granted here [51:06] what's the question for their their [51:07] application is to run daycare for six [51:10] days [51:11] yes and uh there's a question is if they [51:13] wanted to expand it to [51:15] third shift of overnight would that [51:18] require them to come back to the board [51:20] of adjustments [51:24] um [51:30] i mean still a daycare but [51:35] well [51:37] could they could they do they personally [51:41] today i think we consider they're going [51:43] to be running [51:44] and then if they want to change it down [51:46] the road [51:47] we'll figure out what happens they have [51:49] to do that [51:51] but for today [51:53] they're they're running [51:54] and i do know in the general statute [51:57] they can put conditions [51:59] um [52:00] maybe that could be a condition that it [52:02] operates under what the application [52:04] indicated it would be that would lock [52:06] them in i'm not sure [52:08] conditions that you impose on a special [52:10] use permit can only be permitted from [52:12] the extent that [52:14] you know if one of these conditions if [52:16] the condition is added then it helps [52:18] meet the criteria [52:20] so if they meet all the criteria [52:25] it has to be [52:26] you know if if they ran it from 66 then [52:30] it would [52:34] yeah that kind of thing so [52:36] any condition you put on it has to be [52:38] geared towards [52:40] assisting them to meet one of these four [52:41] criteria in other words they would meet [52:43] these four criteria [52:45] if they added anybody [52:47] does that make sense [52:49] yeah do you understand what he's saying [52:57] is any anything of financial cost to [53:00] hope meals [53:04] i mean [53:06] as far as taxpayers any of this would be [53:08] a financial cost or it's just solely on [53:11] the facility [53:12] yeah i don't think i'll attacks now it [53:14] says here uh no fiscal impact okay yeah [53:18] that would be a backer yeah [53:20] i mean we as [53:22] i do economic development as well so any [53:24] new establishment especially this [53:26] magnitude [53:27] there are benefits from it but i don't [53:29] think [53:30] this particular use would swing it one [53:32] way or the other in terms of the task [53:35] base [53:36] and i see they're also wanting to do [53:38] bingo [53:40] is bingo generally in the evenings isn't [53:42] it normally in the evening hours [53:46] bingo on there i wouldn't consider being [53:48] out to be a part of daycare i mean i [53:50] think she probably can do that now okay [53:52] at the recreation center because i think [53:53] she does pickleball and stuff like that [53:56] um she has programs for singers but i [53:58] don't i wouldn't [54:00] she put it in there i wouldn't consider [54:02] my daughter six [54:05] oh [54:06] i'm not sure [54:11] they could probably maybe adjust their [54:12] hours later and that's not something we [54:14] do that's something they wouldn't want [54:15] to do [54:17] if they got complaints or something [54:18] that's just my thought [54:21] you know if somebody called about [54:23] complaints about noise or traffic then [54:26] they could you know maybe adjust it on [54:28] their own with their hours or how they [54:30] do things so [54:32] not just my opinion [54:36] because we can't control the hours or [54:37] anything that they do out there just [54:43] i don't have any more questions [54:46] same [54:47] any more questions from anybody not [54:49] satisfied [54:50] um okay so wait i'm sorry i do have one [54:54] more question the church says [54:57] adjacent do they have a day here [55:00] no not to my knowledge i do know they [55:02] have talked to the uh [55:05] the facility about overflow parking uh [55:08] being [55:09] allowed at the church [55:11] you can do certain things like shared [55:12] parking agreements and things of nature [55:14] i do know they had conversations [55:17] but i do know that i don't i know the [55:20] pastor uh i'm gonna say hi but i do know [55:22] the pastor but i don't think he has a [55:24] daycare at the church okay other than [55:27] like during the service [55:29] some of them do yeah [55:30] i'm not yeah like you know some churches [55:32] have overflowed for kids during service [55:35] but i don't think because they would [55:37] have to go through the special [55:38] experiment processes [55:40] um any daycare center has to go through [55:42] the special perfect process [55:44] i'm not aware enough it was one approved [55:46] at the church before [55:48] i came along i'm not aware of one being [55:50] there i do know like i said they've had [55:52] conversations about [55:55] the utilization of the church parking [55:56] lot a lot of times when you have [55:59] requests for shared parking we we uh [56:02] consider the character and use of the [56:04] building so let's say that the time that [56:06] my building will be occupied [56:09] is during the week and your building is [56:11] adjacent and you work during the week as [56:13] well we're going to meet at the same [56:14] time [56:14] so we're not you're not giving me [56:16] parking that's taking you're giving me [56:18] partners taking away from your parking [56:19] calculation but if i'm operating monday [56:22] through saturday [56:24] and you're a church and you're only [56:25] operating on sunday typically those uses [56:28] will not be [56:29] in conflict with each other those are [56:32] two uses that do work well with shared [56:34] parking agreements she doesn't have one [56:36] with them i do know that they've had [56:38] conversation [56:42] there's not any more questions we have a [56:43] motion to close the public hearing then [56:45] we'll have discussion and vote on the [56:48] approve our disapproval [56:50] i'll make a motion to close the public [56:52] meeting except 5 seconds save it [56:56] okay so you want to you guys want to [56:57] discuss it um [57:01] and then we can vote [57:03] give some opinions [57:06] she's not only home yeah she she can't [57:08] yet she's [57:18] i don't think it's going to detract from [57:20] the value of the joining properties [57:21] because they already use it right [57:23] they're already out there doing stuff [57:25] and it's just an addition to and it's an [57:28] and or type thing [57:30] so they're just adding [57:32] i don't see hand i just [57:34] see i mean if our criteria is that it [57:36] meets all these [57:38] all four of these [57:39] yeah speaking to the mic so we can [57:41] capture it okay [57:45] i didn't know it was on [57:50] okay [57:52] all right you're recognized down there [57:55] so just getting back to letter c [57:57] and and from my understand we've got to [58:01] based on abcd that [58:04] it meets all these requirements and i [58:05] don't see how we can determine whether [58:08] it's going to maintain or enhance the [58:10] value [58:11] and i don't see how we could say it's a [58:13] public necessity [58:15] i mean [58:16] i don't know there's other daycares out [58:18] there there is a lot of residential area [58:20] and i'm sure there's parents out there [58:22] that would appreciate a daycare for [58:24] their younger children so [58:27] i'm just stuck on that but other than [58:28] that i think we [58:30] i would be good with everything okay [58:34] next um i'm inclined to go ahead and [58:36] permit it okay [58:39] um as far as the enhancement goes my [58:41] opinion is that you know the building's [58:43] already there [58:44] um so it's it's already either enhanced [58:47] or it's not and i think that it is [58:49] it's a huge building it's a nice [58:50] building [58:51] um you know they do a lot they they [58:54] really do a lot for their children i [58:55] think this is just my opinion i'm not [58:57] trying to influence anybody um [59:00] but [59:00] it i i think that it does enhance [59:07] um did y'all have a question [59:11] no but that's just my opinion on that [59:13] part of it [59:14] and he already discussed the public new [59:16] necessity thing [59:18] with that [59:19] i just kind of feel that it does [59:21] the only thing that that i see is an issue is the number of [59:25] children that are going to be there [59:28] but they can always work around that i [59:30] think and like i said if there are [59:32] issues with noise or issues with traffic [59:35] they may be able to [59:37] adjust their hours so that it's not [59:39] during the peak traffic time people [59:41] coming in and out to work and [59:44] if there are noise issues then [59:47] um [59:48] if if someone complains about it they [59:50] could they can always address that issue [59:52] that's just my opinion so [59:54] and they definitely have plenty of [59:56] parking yeah they do i saw that that's a [59:59] lot of parking out there but like i said [1:00:01] if that's why i was asking about how [1:00:03] many children so i'd have an idea of how [1:00:05] many people would be there to pick up [1:00:07] and drop off and like mr mclaughlin said [1:00:09] it's not safe to drop kids off on black [1:00:12] bench road you got to pull in there and [1:00:14] get your kids and stuff so so i don't [1:00:16] see how that would actually block [1:00:17] traffic in that area um again my opinion [1:00:21] only so [1:00:23] once again we don't have any information [1:00:25] in the record on traffic [1:00:40] the applicant provide that [1:00:43] or someone provide that [1:00:47] but i don't think we can [1:00:49] say one way or the other without [1:00:55] the expertise that d.o.t [1:00:57] has allowed it that's enough for me i [1:00:59] don't need an expert opinion i don't [1:01:01] either and most from what i've seen just [1:01:03] my experience in town most of your [1:01:05] traffic is when you get into town [1:01:07] um [1:01:08] up there around the fire department area [1:01:10] where they're going to put the round [1:01:11] butt in and that's kind of my experience [1:01:13] where it's always a little bottleneck [1:01:14] there but other than that it's kind of [1:01:16] smooth sailing out out through that area [1:01:18] i've been out in the wild but um [1:01:21] that's just what i've observed out in [1:01:22] that area [1:01:25] so if there are no more questions um do [1:01:27] i have a motion to approve [1:01:29] um let me let me stop miss hamilton dan [1:01:32] do you need them to go through each [1:01:33] criterion or can they approve all four [1:01:36] as a slave do you need to go through [1:01:38] speaking into the record if you approve [1:01:40] all four i think you can do it in one go [1:01:42] if you're going to deny one of them [1:01:47] but they would need to read all four [1:01:49] india the language [1:01:52] yeah well you need to find that all for [1:01:54] example that's what i'm getting at so i [1:01:56] don't think you can and then correct for [1:01:58] i don't think it's it's so simple as [1:02:00] saying let's get a motion to approve [1:02:02] you would have to state [1:02:04] that i recommend an approval that [1:02:07] it uh [1:02:09] what you're saying so we would have to [1:02:10] read it [1:02:11] yeah yeah okay so in the motion you [1:02:14] would just have to say you feel that it [1:02:16] beats this and you feel that the second [1:02:18] one that you feel [1:02:19] can i can i do it um [1:02:22] okay i'd like to make the motion uh for [1:02:24] case number p22-01-hm [1:02:29] to grant the special use permit [1:02:33] the first one is useful not materially [1:02:35] endangered public health or safety [1:02:38] use use meets all required conditions [1:02:40] and specifications useful maintain or [1:02:42] enhance the value of adjoining or [1:02:44] abutting properties or that the use is a [1:02:46] public necessity location and character [1:02:49] of use will be in harmony with the area [1:02:51] where it is located and is in general [1:02:53] conformity with the town's adopted land [1:02:55] use plan [1:02:56] um [1:02:57] is that your motion [1:02:59] right that's my motion [1:03:11] all in favor raise your right [1:03:14] hand all opposed [1:03:19] approval is granted all right [1:03:24] i just forgot the vote part geez [1:03:28] the important part [1:03:30] oh [1:03:31] that will conclude a meeting dan um okay [1:03:34] i'll make a motion to adjourn the public [1:03:35] hearing [1:03:37] are you done yeah i've done it okay um [1:03:40] dan i'll uh give you a cough on anything [1:03:42] but that'll conclude