By Angela Marshall
The mayor said the board made the decision to change the code based on legal advice from Village Attorney Martha Krisel, who has said for several years that case law shows courts have found in favor of private schools requesting similar zoning treatment to public schools.
We're glad the village has decided to correct the flaw in the code, said Jeff Kluewer, co-president of the childcare center. He said once the new law is adopted, the center will drop its suit.
The board is required to hold a public hearing before the law can be passed. The mayor said he expects the hearing will be held in March.
Trustee Jack Matthews said he would encourage anyone who has found case law that shows a different opinion to bring it to the hearing.
The center, which is located on North Village Avenue, submitted a building permit request to create a 14,600 square foot private school on Woods Avenue.
Many residents from south Rockville Centre have protested the school's development in their neighborhood, saying it will increase traffic, noise and safety issues.
Krisel said the new law would require all schools to go to the Planning Board for Site Plan Review, which studies the impact of a project on a neighborhood.