Acton Zoning Board of Appeals Denied Building Permit to Day Care Center

On Wednesday, Jan. 11, the Zoning Board of Appeals (ZBA) unanimously voted not to permit Walker Realty, LLC to build their proposed on 348-364 Main Street. The reason was because Walker Realty was in violation of a zoning bylaw that states that the maximum required net floor is to be 2,500 square feet but the proposed site plan is over 20,000 square feet.

Council for Walker Realty, LCC, James Burgoyne, made his case to the ZBA that his client would not comply with reducing the facility from their proposed 20,000 square foot design to the town’s required 2,500. The bylaw would restrict Next Generation Children’s Center to hold approximately 30-33 students.

“We submit that using appropriate Dover Amendment analysis that you cannot, and understand that your council will tell you that commercial child care facilities which are allowed in your bylaw are protected,” said James. “They are protected because they fulfill a societal need that legislature has determined is as worthy of protection as agriculture, non-profit education and religious institutions.”

Under the Massachusetts general law, the Dover Amendment (Chapter 40A, Section 3), educational, religious and agricultural companies are excused from certain town zoning laws. 

Traffic Concerns:

Increased traffic is a serious concern for some in town because having a 2,500 square foot facility means a significantly less amount of children attending the day care as apposed to having a 20,000 square foot facility where many more children would attend, thus causing significant traffic congestion concerns on Main Street. Charles Kadlec, Acton, attended the ZBA meeting and stated that he thought a 2,500 square foot net floor is reasonable.

“It limits the number of children which in turn limits traffic,” said Kadlec. “There is a direct connection, therefore it is totally legitimate to look at the 2,500 square foot limit as also limiting the impact on the neighborhood, specifically traffic. And traffic at that particular location is a great concern to the general Acton population.”

Potential impact on other Acton day care centers:

There are several smaller day care centers operating in Acton. Would opening Next Generation Children’s Center affect their enrollment numbers?

Alex Horovitz, Acton, attended the ZBA meeting and voiced his concern about declining enrollment in Acton’s day care centers.

“I was on the Board of Directors for the and I am in touch with them and others around here and we noticed a decline in enrollment,” said Horovitz. “So, if you’re going to make a petition predicated on societal needs that you need a massive structure, you ought to be able to demonstrate the demand in the present and from what I can tell in our community we have space available in all the day care centers and they are undersubscribed and under-enrolled. It is hard to argue that you need a 20,000 square foot day care center.”

An abutter’s argument:

Matthew Post has lived on Isaac Davis Way for 15 years and is a direct abutter to the proposed project. According to Post, Walker Realty, LLC agreed to construct an eight-foot fence and plant several 12-foot trees along the fence, creating a boundary between the properties. The fence was built and the trees were planted but the fence was only five-feet tall and the trees were only six-feet high.

Post placed a second proposal of request to Walker Realty, LLC asking if they would extend the fence along Isaac Davis Way to the corner of the property line and for them to leave some existing trees that are high enough that they help block the view of the facility from the homes on Isaac Davis but he has reached no agreement. Post is also concerned about the value of his property decreasing if the day care center is built.

“I really haven’t spoke out about this because they (Walker Realty, LLC) have done some things for us and I wanted to give them a last ditch effort to really make it correct and they haven’t and I think their point now is, we really don’t care about any of you, we are just going to push through with this and see what happens," said Post.

• whether you'd like to see this development in town.

• For a list of citizens concerns written to the Board of Appeals, click here.

• Click here for a list of comments from various Acton staff, from the Board of Selectmen to the Acton Fire Department.

• Click here to see why the Acton-Boxborough Public Schools have concerns about this development.

• to read an Acton Patch report about this issue at Monday's Board of Selectmen meeting.