§ 85-259. Day-care facilities.

A. 

Intent.

(1) 

It has been determined by the Town Board that there is a need for certain types of educational and recreational facilities not necessarily provided by public, parochial and private schools. Such facilities can be categorized generally as day-care facilities.

(2) 

While it is altogether reasonable that the Town Board makes adequate provisions for these facilities, it is imperative that such facilities do not adversely affect surrounding and nearby properties and do not adversely affect the health, welfare and safety of those who use such facilities.

(3) 

It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of day-care facilities.

B. 

Standards. Day-care centers may be permitted in any district except L Industrial 2 Districts when authorized by special permit from the Board of Appeals or the Planning Board, subject to the following terms and conditions in addition to those determinations required under § 85-57A of this chapter:

(1) 

In a residential district, by the Board of Appeals, the minimum lot area shall be one acre for a maximum of 30 children, senior citizens or handicapped persons utilizing said facility. For each additional person, the lot area shall be increased by 1,500 square feet.

(2) 

In a nonresidential district, day-care facilities are permitted as principal and/or accessory uses; lot size, setbacks and percentage of lot occupancy shall be determined by the Planning Board based upon site conditions, requirements of the applicable building and construction code, fire code, Suffolk County Health Department regulations and Department of Social Services laws and regulations.

(3) 

No existing residential structure shall be used or altered in any way for use as a day-care facility unless the structure meets with all the requirements of the New York State Building Construction Code.

(4) 

All outdoor recreational areas shall be adequately fenced and limited in use to the hours of 9:00 a.m. to 8:00 p.m. No outdoor lighting shall be so directed as to adversely affect surrounding properties.

(5) 

Off-street parking shall be provided as follows: one parking space for each 400 square feet of total floor area. There shall also be safe and convenient space provided for the loading and unloading of children, senior citizens or handicapped persons utilizing said facility.

(6) 

No building shall be located within 40 feet of any street line, within 30 feet of any side property line or within 60 feet of any rear property line.

(7) 

No outdoor play area or off-street parking area shall be located within 40 feet of any street line or, if located in a residential district, within 30 feet of any side or rear property line.

(8) 

Adequate screening, buffering and/or fencing shall be provided along all property lines.

(9) 

When applicable, licenses or certificates from sponsoring or authorizing governmental and institutional agencies shall be required to ensure the health, safety and welfare of the children.

(10) 

The Planning Board shall review and approve or approve with modification(s) the architectural features and site design of day-care facilities which are located in residential districts to ensure harmony, to the maximum extent practicable, with the existing character of the neighborhood and neighboring structures.

C. 

Waiver of dimensional requirements for Core Preservation Area sites.

(1) 

Legislative intent. Consistent with the previously articulated goals and intent applicable to the development of property located within the Central Pine Barrens, as otherwise set forth in this chapter, and in particular within the Core Preservation Area, it is this Board's continuing intent to promote, encourage and require environmentally sensitive development, where otherwise permitted, by providing for a high degree of flexibility such development in order to protect, preserve, and enhance the functional integrity of existing ecosystems, including plant and animal populations and communities, to the maximum extent practicable; thus, this Board hereby finds and determines that certain of the dimensional criteria applicable to day-care centers located in residential zoning districts within the Core Preservation Area may be waived, upon review and consideration of the Town Board, after a public hearing, upon a finding that the grant of such a waiver(s) is necessary and/or appropriate in furtherance of this Board's overriding policy objectives as aforesaid.

(2) 

The Town Board is hereby authorized to waive, in whole or in part, any dimensional requirement set forth hereinabove in this section for front yard, rear yard and side yard setbacks for buildings, parking areas and outdoor play areas, after a public hearing, conducted and advertised in the same manner as is otherwise mandated for development or redevelopment of properties located in the Pine Barrens Core Preservation Area.

D. 

Site plan review. All applications made under this section to the Board of Appeals shall be forwarded to the Planning Board for its review and recommendation prior to any action taken by the Board of Appeals. No application shall be acted upon unless the Planning Board has made a recommendation thereon. Following the granting of relief under this section, the application shall be forwarded to the Planning Board for site plan review and approval. All applications made under this section shall be subject to site plan review by the Planning Board. Applications for renewal of a special permit shall also be subject to site plan review and approval by the Planning Board when deemed appropriate by the Board having jurisdiction over such permit.