Laval police investigating daycare zoning change

Laval Police are looking into how the city approved azoning change for the construction of aprivate daycare centre in a residential zone during the tenure offormer mayor Gilles Vaillancourt, CBC Montreal Investigates has learned.

The 74-spot daycare, calledLa GarderieMinimi,sits at the end of a lot on Bord de l'Eau Street, jammedright up against the backyard fence of homeowner Mike Giambattisto.

I just can't believe that that project even got recognition, never mind that it was allowed to be built.- Homeowner MikeGiambattisto

"This is what I see," Giambattisto told CBC on a visit to his home, gesturing toward the structure from his deck.

"I didn't buy the house to look at that wall."

Giambattisto moved into his home in 2004. Three years ago, he noticed construction workers setting markers on the then-empty lot behind his house, next to his fence.

"I just can't believe that project even got recognition, never mind that it was allowed to be built," he said.

Giambattisto said he approached both his city councillor and his MNAbut did not hear back from them.

So, he went to Laval's ombudsman.

'There is no explanation,' ombudsman says

Minimi's conception stretches back a decade. In February 2005, developer Remo Zeppilli first approached Laval, at the time run by formermayor Gilles Vaillancourt, and asked to change the zoningfrom residential to commercial.

The city's current ombudsman, Nadine Mailloux, went through the paperwork from thattime. In a report following her investigation, she pointed out Laval's executive committee rejected that requeston the recommendation of its urban planning department.

"We believe installing a daycare in this location does not match the strictly residential nature of the sector," wrote department director Richard Fleury in February 2005.

In October2005, a letter signed by the planning department's assistant director, Sylvain Dubois, informedthe executive committee a new request had been made for a zoning change.

Based on the notes by Fleury and Dubois, the only major difference from the first request was the mention of a grass lawn, as well as the fact the newer plan would make space for five parking spaces as opposed to the original's 11.

Mailloux noted the executive committee accepted the second zoning request, and Laval council approved it.

She could not find any reason for the change of heart.

"There is no explanation or information found remedying the fundamental obstacle raised by the initial communication," Mailloux wrote.

But she did find another puzzling piece of information. Following the executive committee's approval in principle of the projectin 2005, she said letters were sent to 14 residences around the future daycare to give them a heads-up about a public consultation meeting.

Maillouxnoted thatthe three homeowners whowould be the most affected by the project, including Giambattisto, were left off thatmailing list.

Although Laval is not legally required to send letters, Mailloux said, it should have corresponded to the three residences in question.

She also wrote, however, thatshe could not find any traceof influence-peddling.

All aboveboard,owner says

Remo Zeppilli, whose family's holding company, Redita Limited, owns the daycare building, had made both zoning change requests.

He told CBC News that 50 to 60 people signed a petition advocating for the daycare following the executive committee's initial rejection, and he thought that helped sway the committee.

"I believed in it, I thought, you know, it was a service we needed," he said.

"I don't think we paid anybody for changing the zoning, it was done through the normal, usual channels," Zeppilli added as a joke.

Zeppilli has had a prior dispute with Quebec over land near the area.

A few years ago, he settled out of court with the province to protect some of the wetlands he had started filling in for a housing development north of the daycare centre.

New mayor concerned

Laval's current mayor, Marc Demers, saidthe ombudsman's findings are troubling.

"I wish this event never would have occurred," he said, adding he was satisfied the ombudsman was able to do her work.

Desmers said the city filed a complaint with police and wouldn't comment further while the investigation was underway.

The former city councillor for Giambattisto's district, Jean-Jacques Bldi, said all was aboveboard and he personally knocked on every door in the neighbourhood surrounding the daycare project in 2005.

Bldi said he may not have spoken to everyone, as some people weren't home, but he said whoever he spoke to was in favour ofthe project.

"In my neighbourhood it was all very democratic," Bldi said. "I could not have been more democratic."

Laval's ombudsman is scheduled to produce her annual report to city council this evening, and she will hold a news conferencetomorrow.

She told CBC she will highlight another case similar to Giambattisto's.

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