By Angela Marshall
The code allows public schools in any district.
Jeff Kluewer, president of the Childhood Center's board, said the center will appeal.
The distinction between a public and a private school in the current Rockville Centre code is in clear violation of the law, Kluewer said. We will take whatever steps are required to secure our building permit.
The reference to public schools only has been brought up several times since the Board of Trustees began updating the code in 1998.
Village Attorney Martha Krisel has said case law shows courts
have found in favor of private schools requesting similar zoning treatment to public schools. And has urged
the village Board of Trustees to
make changes reflecting these findings.
One option the courts have allowed is requiring special use permits for private schools.
In fact, before the center made its last move in 1982, it was sent to the Zoning Board for a special use permit, which was granted.
Some members of the community who have protested the center's
plans question whether it is a school at all. They argue that because of the much higher percentage of children receiving childcare instead of instruction, it should not be considered a school.
The center, which now serves 85 children, is licensed for 17 to participate in its kindergarten program.
However, in its 1982 decision, the Zoning Board recognized it as a private nursery school and referenced Article XIX, Section 134-113, which is titled, Privately operated schools for children, in its decision.
Section 134-113 allows for private schools attended by children between two-years and eight-years-old to be built in Residence B and C districts.
Kluewer said the center's administration has not decided to which governmental agency they will make their appeal.
Those opposed to the center's development say they are afraid of increased noise, traffic congestion and overall safety.
