By Danny Teigman
Laura Puccio and Danielle Urrego have applied for a variance to run their business, "Long Beach Little Ones," out of Puccio's residence at 166 W. Walnut St. Their proposal call for converting the 1,500 square-foot first floor into a space fit for handling up to 20 children. The city's zoning codes prohibit mixed-use properties in that neighborhood, and mandate every business provide off-street parking, which this one does not.
None-the-less, the city's zoning officials readily conceded that the proposal was non-conforming only in terms of its size, not its content. It is difficult to say how many unregulated day care centers are in the city because, as Building Commissioner Scott Kemins explained, New York state actively promotes the opening of home-based day care centers to address the increasing numbers of dual-income homes where neither parent can be home for a child. If a center oversees 13 children or fewer, no local ordinance can prevent its opening.
But since this West Walnut Street facility will be considerably larger, the Zoning Board of Appeals must grant approval.
Their program, Urrego said, will be modeled after pre-school education and will offer half-day, full-day and extended-day services. Unlike baby-sitters, Urrego said both she and Puccio are licensed school psychologists and have experience working with young children. "We hope to open a safe, fun and nurturing learning environment that meets not only the needs of the children of Long Beach but also their parents," Urrego said.
In order to get past this 13-child ceiling, the pair is seeking a use variance. But this to is not without its challenges, said Corey Klein, the zoning board's attorney.
Although all variances are granted extend the letter of the law so that it complies with its spirit, Klein said that the standard used to grant "use" variances is often higher than a typical. In light of this, he suggested the alternative option of applying for a "use permit," an option he said the board may feel more comfortable granting because, "obviously what they're trying to do is in violation of the zoning law, specifically putting a business in a residential area," he said.
While a variance is linked to the land on which a business sits on, a use permit only applies to the corporation that temporarily occupies the lot. Companies or individuals who apply for such a permit must go before the board and reapply every two years. "Conceptually, whenever you have a use permit, the board retains control against the specific entity that came before the zoning board," Klein said.
But that's for the lawyers and zoners to decide. A small sampling of Puccio's West Walnut Street residents revealed no major problem with the idea.
"I'm not against it if they want to open up a business that can benefit a community," said Albert Shklyar, who lives across the street. "I don't think mothers dropping their kids off will cause much traffic."
Another neighbor, who did not want to be identified, said, "I'm all for day care centers because I think it's important for working parents to have a good place for their children and I don't think there's enough available,"
She did however express concern that if the zoning board grants such a proposal, it could open the door for other mixed-use variance requests.
Urrego said that barring any unforeseen difficulties, they were optimistic "Long Beach Little Ones" would soon be a reality.
To which Kemins added, "Both these women have excellent resumes, it appears they are not some fly-by-night operation."
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