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? <br />to relocate, they would need to obtain auother conditional use permit; however if another day care <br />came into this location, the permit could be transferred. Mrs. O'Rourke was concerned that the <br />walk from the center to the play area would be quite long for little cluldren. Also since two <br />workers will be takiug the cluldren outside, if one had to leave with a child who had an accident, <br />one worker would be left alone with tlie remaining children.lVls. Wolf responded that there would <br />be a cordless phoue in the center and there would probably be a monitor in the office. She also <br />advised that the cluldren would all hold onto a rope while walking outside and they would cross <br />on the cross walk and then walk on the grass to the play area. Fourteen cluldren would be the <br />maximum number of cluldren for two workers. Mrs. O'Rourke and Mr. Orlowski were both <br />conceined because the play area was so far away and there could be moving vehicles on the <br />driveway behind the center. Mr. Orlowski noted that there are several dumpsters, soiue velucles, <br />au overhead door on the off-set and a pile of wood chips in this area. Mr. Garrish, representing <br />Camegie Mauagement who owns the center, advised that Slam Jam's has been advised that they <br />cannot take deliveries iu the rear, the dumpsters could be moved, the wood chips have been <br />spread over the plauting areas. Mr. Miller responded that the pile of mulch was on the site shortly <br />before the meeting and he asked where they would move the dumpsters. Mr. Garrish stated that, <br />if all the clups are not gone by now, they will be because they are being spread. The dumpsters <br />cannot be moved to the back because of the fire lane, but since they are spread apart he could ask <br />the tenants if they could be moved together. Mr. Conway advised that these dumpsters are uot <br />supposed to be at that location, they were supposed to be behind the off-set in the building.lVlr. <br />Thomas stated that wheu tlus building was approved, the Commission uiade some very specific <br />requueinents for use iu that back area. They were all agreed to, but since then there have been <br />many violations of those agreements. This could be a question of penalizing someone who is <br />starting a day care because of the lack of management of this owner, their inability to uphold <br />whatever agreements were made when this building was erected. He noted that it was difficult to <br />peualize someone who is trying to bring an obvious benefit to the area, but at the same time the <br />Commission would want the developer to uphold agreements that were made when this <br />developmeut was begun. Mr. Miller asked if it were legal to have a day care center so close to <br />where liquor is being sold. Assistant Law Director Dubelko advised that there was a law <br />regulatiug the distance between a school and a liquor establishment, but inhis opinion, he does <br />uot thiuk it would apply to a day care, and he noted that the Law Director had looked at the <br />proposal and had not raised it as an issue. He believed that it would have to specifically have to <br />mentiou day care centers. Mr. Miller thought that since the ordinance stated playground, aud tlus <br />could be a playgrouud, that it should apply. Mr. Dubelko restated that the Law Director had not <br />raised tlus as au issue. Mr. Thomas questioned if the chairman should make a formal request for a <br />legal opinion. Mr. Dubelko stated that the Building Commissioner reviews a proposal to <br />detei7nine if it meets the code, and if it does not, it should not be before the Commission. But if <br />the Plauning Commission has a concern over what the Building Commissioner has done, then they <br />should request an opinion. Mr. Couway stated that this was never an area of concern to him, so <br />he had not specifically asked that question of the Law Department. Mr. Orlowski believed that the <br />law did uot act in reverse, that a bar could not go in close to a school, but if the bar were there <br />first, he questioned if a school should be prohibited. Mr. Thomas stated that he could not <br />interpret the codes, but he was concerned about establishing a precedent, and down the road no <br />oue would remember wluch came first. Mr. Conway stated that this is considered a play area, not <br />a playground. Ms. Wolf explained that they closed at 6:00 p.m, and there were few bar patrous <br />2