Safety and Environmental Concerns about Proposed Daycare Site on Theo Fremd Avenue

The Rye City Council held a public hearing Wednesday to change its zoning code to allow for a full-day childcare facility to be built in the B-1 business district, but decided to delay a vote on the matter after hearing concerns the site on 180 Theodore Fremd Avenue many not have adequate off-street parking and could pose an environmental danger because it was formerly the location of a gas station.

Cornerstone Children's Center has submitted an application to the city's Planning Commission to open a daycare facility on 180 Theodore Fremd Avenue. The maximum size of the daycare would be 30 children and the facility would have to meet parking requirements.

However, Cornerstone's application cannot be evaluated until the city changes its zoning code to widen the scope of businesses that are allowed in its B-1 business district.

Cornerstone is working with Ker-Bar Realty Corp., the owner of the property at 180 Theodore Fremd, to convert the site from a gas station to a daycare center.

Some residents who spoke at Wednesday's meeting said they had concerns about building a childcare facility on a site that could be environmentally unsound, and that may not provide safe street parking for parents picking up their children.

Curtis Spacavento, the owner of a landscaping business near the proposed site, said he was unsure whether it was the best place to build a daycare because it is near a very busy intersection.

"I understand the need for a state-of-the-art childcare center, however, I am torn with location and the danger this area possesses," he said.

Spacavento also said on certain days he can smell raw gas coming from the site.

Linda Whitehead, an attorney representing Cornerstone who spoke at the Council meeting, said gas tanks were pulled from the site and the property owner conducted a full study and submitted soil samplings to the Department of Environmental Conservation (DEC). Whitehead said additional studies will be done to test environmental conditions inside and outside the building.

"Should the Planning Commission determine that this site is appropriate, certainly the environmental issues must be addressed," Whitehead said. "Neither the Planning Commission nor New York State DEC would allow this site to be used for childcare if there was any potential problem."

Whitehead and supporters of the daycare facility said that many parents in Rye need the service.

"[Based on projected school district enrollment numbers] Your population in the City of Rye of children five and under has been increasing," Whitehead said. "With today's economy, where more families have two working parents and more working full-time, there's become a significant need."

"Families in Rye do need full-day options for their children. I needed it for my son when I lived here," said former Rye resident Marion Anderson.

Rye currently has a handful of day care centers, including the Little Angels Childcare Center on Midland Avenue—a service provided primarily to employees who work at Avon—nursery schools at Church of Our Savior and Rye United Methodist, and Kids Space of Rye, located at the YMCA.

Anderson said Little Angels, the largest daycare facility in Rye, currently has an extended waiting list, in some cases as long as three years.

Mayor Doug French said after hearing the arguments presented, the Council would need more time before possibly changing the city's zoning code.

City Planner Christian Miller said even if the city changes its zoning code, it will be up to the Planning Commission to decide whether the site is an appropriate location and meets all safety requirements for a daycare facility.

The City Council will keep the public hearing open and vote on the issue at the next City Council meeting.